While every school has its unique aspects of Title IX investigations, the general process is similar among them. Understanding this process can help you know what to expect if facing a Title IX investigation. It may also help you understand why having the help of an Attorney is so crucial in the process.
Title IX extends the protections from the Civil Rights Act to try to prevent and penalize discrimination. When you are facing these types of allegations, consider working with a Title IX Lawyer at Leifert & Leifert. We could help you understand the process of a Florida Title IX investigation, develop a strong defense for you, and protect your rights.
Taking Reports
The investigation process starts with the Complainant reporting the behavior to the school. The school informs the Complainant of potential resources available to assist them after an adverse event, like counseling, medical assistance, and other aid. They generally offer these resources without regard to whether the report appears factual, substantiated, or even in violation of school policy.
Next, the school evaluates the report to determine whether the allegations violate its policies against sexual misconduct. The determining factors are:
- The Complainant is a student, staff member, or faculty member
- The Accused is a student, staff member, or faculty member
- The alleged activity is considered a crime
However, if the Complainant alleges sexual harassment, the school will determine whether the behavior violates any rules against sexual harassment.
If the school decides that the behavior violates rules, it will proceed with the Investigation and notify the Complainant and the Accused of the next steps. When the Investigation begins, the accused becomes a Respondent. Not all Florida schools will use the same language for their Title IX investigation processes, but Complainant and Respondent are standard terms.
The Investigation Process
The school should conduct a thorough and impartial investigation. People who are providing the reporting victim counseling and medical care services need to treat the person’s information as factual unless or until they have a reason to suspect it is not.
Meanwhile, the investigating body must objectively approach all the information and look at whether there is a factual basis to support the allegations. They can interview Witnesses in addition to the Complainant and Respondent and look at evidence, including photos, videos, social media posts, and more. They cannot access medical records without written consent from the patient.
Both the Complainant and the Respondent can have an Advisor present at all proceedings. The Advisor can be any adult person there to provide support and advice for the person. In a sexual assault scenario, the Complainant’s Advisor could, for example, be someone from a local rape crisis center. A Respondent’s best choice for an Advisor is a Lawyer with experience handling Florida Title IX investigation processes.
Resolutions
Your school will outline a timeframe of 75 to 90 days for the Investigation. For most people, the process ends with three choices: an unfounded complaint, an Informal Resolution, or a Disciplinary Hearing.
Informal Resolution
An Informal Resolution involves some form of alternative dispute resolution (ADR), often based on a mediation approach. Both parties must agree to this solution, and the school’s Title IX Coordinator needs to approve it. Plus, the parties must be of equal power — ADR is inappropriate with a student Complainant and employee Respondent. In ADR, the parties attempt to resolve the dispute without a formal hearing.
Disciplinary Hearing
In a Disciplinary Hearing, a factfinder listens to each side and investigates the evidence. Some schools have a single factfinder, while others have a body composed of students and faculty. The Title IX investigation Disciplinary Hearing is similar to a legal proceeding, and both the Florida Complainant and Respondent can question witnesses and cross-examine people. They can also have an Advisor.
Speak With a Florida Attorney About Title IX Investigation Proceedings
After the Title IX investigation ends, a school will provide its determination about the events and any penalties or consequences. They may also refer incidents to the Police for criminal prosecution. There is also an appeals process. Having an Attorney is essential throughout the entire process of a Florida Title IX investigation. Call today to schedule a consultation.
