Since entering the field of civil rights compliance and Title IX investigations in 2016, I have seen firsthand how essential it is for educational institutions to fully understand the intricacies of Title IX regulations. In 2020, new Title IX regulations were introduced that dramatically reshaped how schools handle complaints of sexual harassment and assault. These regulations brought about significant changes in the way investigations, hearings, and informal resolutions are conducted. As we navigate the complexities of these regulations, it’s important for institutions to grasp the key elements of these processes to ensure they remain compliant and provide a fair and supportive environment for all students.

The Purpose of the 2020 Title IX Regulations

Title IX has long been a cornerstone of gender equity in education, protecting students from sex-based discrimination and harassment. The 2020 regulations were designed to balance the rights of complainants (those reporting the harassment) and respondents (those accused of harassment). These changes, while controversial in some circles, were intended to provide greater due process protections for the accused and ensure a more consistent approach to handling complaints across educational institutions.

A central feature of the 2020 regulations is the introduction of a more structured and formal process for addressing complaints of sexual harassment. This includes the requirement for a clearly defined investigation and hearing process, alongside the possibility of informal resolutions.

Investigations: The First Step in the Resolution Process

The investigation process is where it all begins when a complaint is filed. Under the 2020 regulations, schools are required to investigate any complaint of sexual harassment or assault that falls under Title IX jurisdiction. The first step is the appointment of a Title IX Coordinator, who is responsible for overseeing the investigation process and ensuring compliance with the regulations. This person acts as a neutral party, gathering evidence and coordinating the process from start to finish.

The investigator’s role is to conduct a thorough, impartial inquiry into the facts surrounding the complaint. Both the complainant and the respondent are entitled to present evidence, offer witnesses, and have the opportunity to review evidence collected during the investigation. The goal is to gather enough information to determine whether sexual harassment or assault occurred, and whether it violated Title IX.

Importantly, schools must ensure that the investigation is conducted in a fair and unbiased manner. This includes providing both parties with a clear explanation of the allegations, giving them access to evidence, and allowing for cross-examination in the event that a formal hearing takes place.

Hearings: Providing Due Process to All Parties

One of the most notable changes introduced by the 2020 regulations is the requirement for formal hearings in certain cases. Under previous regulations, schools had flexibility in how they resolved complaints. The 2020 regulations, however, require that complaints involving allegations of sexual harassment have a formal investigation also go through a formal hearing process if the matter cannot be resolved through informal means.

A hearing provides both parties with the opportunity to present their side of the story. The hearing is typically conducted by a neutral decision-maker (often referred to as the hearing officer), who is responsible for assessing the evidence and determining whether harassment occurred. The regulations also require that both parties have the right to cross-examine each other’s witnesses, but this cross-examination must be conducted by the parties’ advisors—not by the complainant or respondent directly. This is intended to maintain a level of professionalism and avoid situations where cross-examination could become abusive or intimidating.

After the hearing, the decision-maker must issue a written report outlining the findings and the rationale for the decision. This report is shared with both the complainant and the respondent, and the decision is communicated in a timely manner. If harassment is found to have occurred, the institution is then required to impose appropriate disciplinary actions against the respondent to ensure that future harassment is prevented.

Informal Resolutions: An Alternative Approach

While formal investigations and hearings are essential to ensuring that complaints are handled thoroughly, informal resolution processes provide an alternative approach for resolving issues outside of the traditional hearing structure. Informal resolutions are designed to be a less adversarial way to address complaints, and they can be particularly effective in cases where both parties are open to a resolution without the need for a full investigation or hearing.

Under the 2020 regulations, informal resolution processes are available at the discretion of the parties involved and the institution. This may include options like mediation, restorative justice practices, or negotiated agreements that allow the complainant and respondent to work together to reach a mutually acceptable resolution. Importantly, informal resolution can not be used involving employee respondents and student complainants. 

Informal resolution processes can be beneficial in cases where the complainant and respondent want to resolve the issue more quickly and without the stress of a formal hearing. However, both parties must voluntarily agree to engage in an informal resolution, and either party can opt out of the process at any time and proceed to a formal investigation if they are unsatisfied with the outcome. Importantly, informal resolution can not be used involving when a formal complaint has been filed by a student complainant against an employee respondent. 

Implications for Educational Institutions

For educational institutions, the 2020 Title IX regulations have significant implications. First and foremost, institutions must ensure that they are compliant with the new regulations, including providing the necessary training for Title IX Coordinators, investigators, and hearing officers. This is a critical step in creating a fair and transparent process for handling complaints of sexual harassment or assault.

Additionally, institutions must be mindful of the need to protect both the complainant and respondent’s rights throughout the investigation and resolution process. Schools must implement procedures that prevent retaliation and ensure that both parties are treated with dignity and respect. The process must also be timely, transparent, and supportive, providing appropriate resources to all parties involved.

Institutions should also be aware that the 2020 regulations have increased the burden on schools to provide clear and consistent policies for handling complaints. This includes ensuring that students and staff are aware of their rights under Title IX and that reporting mechanisms are accessible to everyone.

A Path Toward Fairness and Accountability

Navigating the 2020 Title IX regulations is no small feat, but it is a necessary step toward ensuring that our educational institutions are places of safety, fairness, and respect for all students. By understanding the key elements of investigations, hearings, and informal resolutions, schools can create a process that balances the need for accountability with the need to protect the rights of all individuals involved.

As we move forward, it is crucial that institutions continue to adapt to changes in Title IX regulations while remaining committed to fostering a culture of respect and inclusion. The work of Title IX Coordinators, investigators, and all campus personnel involved in the resolution process is vital in creating a campus environment where everyone has an equal opportunity to succeed, free from harassment and discrimination.