Respondent FAQs - Title IX

Title IX

Respondent FAQ

FAQ for Respondents on the Title IX Resolution Process

A Respondent is an individual reported to be the perpetrator of conduct that could constitute sexual harassment.

A Complaint is an individual who alleges he/she/they is the victim of conduct that could constitute sexual harassment.


Frequently Asked Questions

Upon receipt of a formal complaint, the Title IX Coordinator will provide the following notice in
writing, to the Parties:

• Notice of the District’s Title IX grievance process;
• Notice of the allegations of alleged sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• Statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Notice that the Parties may have Advisor of their choice, who may be, but is not required to be, an attorney;
• Notice that the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source; and
• Inform the Parties of any provision in the District’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the
grievance process.

 

Yes. Both Parties have the right to have an Advisor present for every meeting related to the case.
The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process. The Advisor may not testify in or obstruct an interview or disrupt the process. The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure. A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination. The District must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination. If an Advisor fails to appear at the hearing, the District will provide an Advisor to appear on behalf of the non-appearing Advisor. To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.
The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the formal complaint;
• A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
• A summary of the testimony of each witness the Investigator interviewed;
• An analysis of relevant evidence collected during the investigation, including a list of relevant documents;
• A specific finding as to whether the allegations occurred using a preponderance of the evidence standard;
• A table of contents if the report exceeds ten pages; and
• Any other information deemed appropriate by the District.

The Investigator will not make a determination regarding responsibility. The Investigator may redact information not directly related to the allegations or privileged information. However, the Investigator will keep a log of information he/she/they do not produce to the Parties. The Investigator will provide this log only to the Title IX Coordinator. The Title IX Coordinator will not disclose the log to the Parties but will maintain the log in the
Title IX Coordinator’s file, in the event it later becomes relevant.
At least ten days prior to a hearing or other time of determination regarding responsibility, the District will send the investigative report to each Party and their Advisors, if any, the investigative report in an electronic format or a hard copy, for review and written response. The Parties will have at least ten days to submit a written response.

Some Respondents request interim academic measures such as extensions on assignments and rescheduled exams. As such, The Title IX Coordinator may need to provide limited details to accommodate such a request.

Yes, after completing an investigation and prior to completing a determination regarding responsibility, the District will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-Maker. Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions
The short answer is yes. 

The following language regarding appeals under Title IX comes from AP 3434:

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the District’s determination regarding responsibility or the dismissal of a formal complaint or any allegations. A Complainant or Respondent must
submit a written appeal within 5 business days from the date of the notice of determination regarding responsibility or from the date of the District’s notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

The Title IX Coordinator will appoint someone to serve as the Decision-Maker on Appeal. In filing an appeal of the District’s determination regarding responsibility or the District’s dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds. The grounds for appeal are as follows:

• A procedural irregularity affected the outcome;

• New evidence was not reasonably available at the time the District’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or

• The District’s Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual
Complainant or Respondent that affected the outcome.

 

Contact Us

Curtis Pahlka

Title IX Coordinator

530-893-7487

pahlkacu@ebasd.com

Content Editor:
Curtis Pahlka
530-893-7487