TITLE IX EXAMINATION QUESTIONS AND VERIFIED
ANSWERS
When does a school need to take action regarding an allegation of sexual harassment? -
Once the have "actual knowledge" of the allegations
When does a school have "actual knowledge" - If a report is made to the Title IX
coordinator or any official or the school who has authority to institute corrective measures on
behalf of the school, or to any employee of an elementary and secondary school
How does "jurisdiction" impact a Title IX investigation? - Schools are only responsible for
addressing sexual harassment that occurs under an education program or activity.
May a school choose to address a claimed Title IX violation that does not occur under an
education program or activity? - School may choose to address incidents outside its
jurisdiction but does not have to do so.
Does Title IX apply to incidents occurring outside the United States? - Title IX does not
apply to incidents outside the U.S., such as during a study abroad trip
What is the Standard of Proof for a Title IX investigation? - School may choose the burden
of proof.
1) Preponderance of the evidence
2) Clear and convincing
Is there a live hearing requirement for school districts? - Institutions of higher education
must provide for live hearings
What record must a school district create? -
What is the single-investigator model? - The investigator for the Title IX claim cannot be
the same person who determines whether the respondent is guilty
What are the students' rights? - 1) Investigator must provide all parties an equal
opportunity to examine all evidence gathered during the investigation that is directly related to
the allegations
2) Copy of the investigative report must be given to the parties at least ten days prior to the
hearing
, What are the respondent's rights? - 1) Tell respondent in writing that they are presumed
innocent until determined to be guilty
2) Respondent may not be summarily expelled from school unless they pose an immediate
threat to the physical health or safety of the complainant or anyone else
What is informal resolution? - Schools may offer informal resolution options, such as
mediation, to the parties.
For informal resolution to proceed, what must occur? - Both parties must give voluntary,
informed, written consent
In what circumstances is informal resolution not allowed? - Schools cannot offer informal
resolution for allegations that an employee sexually harassed a student
What are the record keeping requirements for Title IX? - Schools must maintain for 7
years
What are school district requirements regarding grievance procedures? - Schools must
adopt and publish grievance procedures that provide for the prompt and equitable resolution of
student and employee complaints of acts prohibited under Title IX and a grievance process that
complies with Sec. 106.45 for formal complaints 34 CFR Sec. 106.8(c)
Who has access to the formal complaint process? - Only students complaints can initiate
a formal complaint and trigger the formal grievance process requirements -- Employees may be
subject to the nuanced grievance process outlined in the regulations
Are there any prohibitions in the Title IX regs concerning administrative leave for employees? -
No - schools are not prohibited from placing employees on administrative leave pending
the conclusion of the grievance process
How does Title IX relate to situations of employee v. employee claims? - Title IX protects
employees of educational institutions, programs, and activities against sex discrimination and
harassment. Typically under Title VII of the Civil Rights Act, but Title IX is implicated if employee
only claims of discrimination, harassment, and retaliation on the basis of sex
What may occur if the employee (respondent) is no longer employed by the school? -
Title IX coordinator may dismiss the formal complaint
What are the two general requirements of 34 CFR Sec. 106.8 - 1) Designation of Title IX
Coordinator
2) Establish complaint and grievance procedure
What are the general responsibilities of the Title IX coortinator? - 1) Coordinate
compliance efforts
ANSWERS
When does a school need to take action regarding an allegation of sexual harassment? -
Once the have "actual knowledge" of the allegations
When does a school have "actual knowledge" - If a report is made to the Title IX
coordinator or any official or the school who has authority to institute corrective measures on
behalf of the school, or to any employee of an elementary and secondary school
How does "jurisdiction" impact a Title IX investigation? - Schools are only responsible for
addressing sexual harassment that occurs under an education program or activity.
May a school choose to address a claimed Title IX violation that does not occur under an
education program or activity? - School may choose to address incidents outside its
jurisdiction but does not have to do so.
Does Title IX apply to incidents occurring outside the United States? - Title IX does not
apply to incidents outside the U.S., such as during a study abroad trip
What is the Standard of Proof for a Title IX investigation? - School may choose the burden
of proof.
1) Preponderance of the evidence
2) Clear and convincing
Is there a live hearing requirement for school districts? - Institutions of higher education
must provide for live hearings
What record must a school district create? -
What is the single-investigator model? - The investigator for the Title IX claim cannot be
the same person who determines whether the respondent is guilty
What are the students' rights? - 1) Investigator must provide all parties an equal
opportunity to examine all evidence gathered during the investigation that is directly related to
the allegations
2) Copy of the investigative report must be given to the parties at least ten days prior to the
hearing
, What are the respondent's rights? - 1) Tell respondent in writing that they are presumed
innocent until determined to be guilty
2) Respondent may not be summarily expelled from school unless they pose an immediate
threat to the physical health or safety of the complainant or anyone else
What is informal resolution? - Schools may offer informal resolution options, such as
mediation, to the parties.
For informal resolution to proceed, what must occur? - Both parties must give voluntary,
informed, written consent
In what circumstances is informal resolution not allowed? - Schools cannot offer informal
resolution for allegations that an employee sexually harassed a student
What are the record keeping requirements for Title IX? - Schools must maintain for 7
years
What are school district requirements regarding grievance procedures? - Schools must
adopt and publish grievance procedures that provide for the prompt and equitable resolution of
student and employee complaints of acts prohibited under Title IX and a grievance process that
complies with Sec. 106.45 for formal complaints 34 CFR Sec. 106.8(c)
Who has access to the formal complaint process? - Only students complaints can initiate
a formal complaint and trigger the formal grievance process requirements -- Employees may be
subject to the nuanced grievance process outlined in the regulations
Are there any prohibitions in the Title IX regs concerning administrative leave for employees? -
No - schools are not prohibited from placing employees on administrative leave pending
the conclusion of the grievance process
How does Title IX relate to situations of employee v. employee claims? - Title IX protects
employees of educational institutions, programs, and activities against sex discrimination and
harassment. Typically under Title VII of the Civil Rights Act, but Title IX is implicated if employee
only claims of discrimination, harassment, and retaliation on the basis of sex
What may occur if the employee (respondent) is no longer employed by the school? -
Title IX coordinator may dismiss the formal complaint
What are the two general requirements of 34 CFR Sec. 106.8 - 1) Designation of Title IX
Coordinator
2) Establish complaint and grievance procedure
What are the general responsibilities of the Title IX coortinator? - 1) Coordinate
compliance efforts
