Under Title IX, no person in the US attending a federally funded educational institution can be excluded from, denied the benefits of any education program, or be subject to any form of sexual or gender discrimination. However, that’s not always the case. Sadly, sexual harassment and gender discrimination are still present in education, which only underscores the importance of Title IX investigators and coordinators.
Title IX investigators play an important role in maintaining a safe environment within educational institutions, thus contributing to a fair educational environment while also promoting students’ rights and institutional accountability.
Before we dive into the role of a Title IX investigator and what it entails, let’s mention the Title IX legislation. Title IX is a federal civil law passed as part of the Education Amendments of 1972. As previously mentioned, this law prohibits discrimination based on sex in education programs and activities that are funded by the federal state.
This law is important when it comes to creating safe and inclusive learning environments and covers areas such as sexual harassment, assault, and gender equality in both sports and academics. Educational institutions must comply with Title IX regulations and foster a positive learning environment; otherwise, they risk legal consequences.
To ensure compliance, schools and other educational recipients of federal funding must designate at least one employee as the Title IX Investigator, whose role is to investigate sexual harassment and gender discrimination allegations in a Title IX case. This can be a contracted employee, a member of the school community, or even a designated Title IX Coordinator.
However, to maintain objectivity and avoid conflicts of interest, the Title IX investigator can’t also be a decision-maker at an educational institution that designated them as such. It’s important to ensure that these roles are distinct to better protect the rights of everyone involved and to maintain the integrity of the Title IX process.
In case of a sexual harassment allegation, the core responsibility of a Title IX investigator is to gather the evidence to support or disprove the allegation. The investigator does this through an investigation process, by conducting interviews with all parties and witnesses, and by sharing the investigative evidence with anyone involved in their review.
Based on the evidence gathered, the Title IX investigator writes the investigative report, listing all the evidence that either substantiates or disproves an allegation, and presents it to the decision-maker. The report may only contain the gathered evidence, and it can’t in any way, shape, or form recommend a determination for the Decision Maker.
By ensuring that the roles are separate and that the Investigator has no conflict of interest or bias towards any member of the proceedings (and has no personal influence on the decision-maker), the educational institutions are effectively avoiding the “one judge, jury, and executioner” scenario, which might otherwise lead to faulty conclusions and determinations.
Ultimately, the role of a Title IX investigator isn’t an easy one, as they often have to balance confidentiality with transparency, manage emotionally charged situations, and remain impartial in their fact-finding. However, their role is important when it comes to creating a safe and healthy learning environment.
