If you or someone close to you has been wrongly accused of violating a school’s Title IX policies (e.g., accused of sexual assault, harassment, dating violence, stalking, etc.), you may find that Title IX investigations feel like a step into a quasi-judicial alternative universe. Schools may do things that sometimes seem excessively formal and at other times incoherent or illogical. You may not feel entirely sure that they should be doing what they are doing, and they may describe their process using vague or technical language that leaves you feeling unsure exactly how to respond or proceed.

Part of our job as advisors to respondents (accused students) is helping them understand nuanced or complex things about these investigations and how they are resolved. With that in mind, we recommend that anyone caught up in these investigations read this glossary. If you haven’t, be sure to check out our other guides such as What to Do if You Have Been Wrongly Accused of a Title IX Violation linked here.

Glossary of Terms Used in Title IX Grievance Procedures

Advisors

Individuals who provide assistance to complainants and respondents during disciplinary proceedings. Advisors may or may not be attorneys.

Alternative/Informal Resolution

A voluntary attempt by the parties to resolve the allegations after the filing of a complaint but before the hearing. Informal resolution stands in contrast with the formal resolution process.

Appeals

The process by which a respondent or complainant seeks review of the determination by a separate individual or group that has authority to modify, affirm, or overturn the determination.

Bias and Conflicts of Interest

Bias is partiality toward an individual party or toward complainants or respondents generally. A conflict of interest is the existence of a relationship that would disincentivize an individual from acting impartially or fairly.

Burden of Proof

The responsibility for proving something.

Complainant

A person alleged to be a victim and in whose behalf an investigation is initiated. The complainant is usually, but does not have to be, the person reporting.

Complaint

A document submitted and signed by the complainant, or on the complainant’s behalf by the Title IX coordinator, requesting that the school investigate alleged misconduct.

Confidential Employees

School employees whose communications are privileged or confidential under federal or state law.

Consolidation

The combining of two or more complaints into one. To consolidate a complaint, the school must first determine that the complaints “arise out of the same facts or circumstances.”

Credibility Assessments

The process by which a decisionmaker assesses the credibility of a party or witness. Cross-examination, for example, is a method of assessing credibility and involves the person whose credibility is at issue being questioned by a representative or advisor of the adverse party.

Deliberate Indifference

An insufficient response by a school that has obtained knowledge of misconduct.

Decision-Maker

The person or persons designated by the school to make an official decision (determination) of whether the school’s policies have been violated.

Determinations

Critical decisions regarding whether the accused student is responsible, what sanctions are appropriate, and so forth.

Disability

A physical or mental condition that limits a person’s movements, senses, or activities.

Evidence

Information submitted in the context of an investigation. There are several types of evidence. Relevant evidence tends to prove or disprove something (conversely, irrelevant evidence does not). Character evidence is evidence “on an individual’s personality traits, propensities, or moral standing” [1]. Prejudicial evidence is evidence that unfairly sways a decision-maker to “decide a case on an improper basis, such as emotion or bias” [2]. In Title IX proceedings, rules of evidence are much lighter than in a court of law, but they are still present.

Findings of Fact

Determinations of fact when the facts in question are in dispute by the parties.

Formal Resolution

An adversarial process in which allegations are investigated and in which sanctions are imposed if the accused person (the respondent) is found responsible for violating the school’s misconduct policy. The formal resolution process stands in contrast with informal/alternative resolution.

Grievance Procedures

The overall process with which schools investigate and resolve Title IX complaints.

Hearings

A fact-finding proceeding in which decisionmaker(s) preside over the introduction and examination of evidence. This may (and often does) include direct and cross-examination of the parties.

Interim Measures

Accommodations, supportive measures, and other actions performed before final determinations and sanctions. Interim measures are designed to preserve equal access to education.

Investigation

The phase during which the school investigates alleged misconduct. This phase comes after the initial complaint but before adjudication.

Investigation Reports

Reports compiled by the school’s investigator containing relevant evidence. These also often include timelines, witness lists, and attached or linked exhibits of digital evidence.

Jurisdiction

In Title IX matters, the authority of a school to investigate alleged misconduct, make determinations, and issue sanctions.

Knowledge

Knowledge of alleged/potential misconduct. Knowledge encompasses what a person “must have known” (actual knowledge) and “should have known” (constructive knowledge).

Law Enforcement

The government body with the power to bring criminal charges against the respondent. How to navigate interactions with law enforcement is a question of best practice and strategy for the parties, witnesses, advisors, and the school.

Mandatory Reporter

A person obligated by law to report knowledge of potential misconduct to the school’s Title IX Coordinator. By contrast, a “Responsible Employee” is obligated by school policy to report.

Notice

The information a school provides to a party and their advisor regarding grievance procedures. This includes (but is not limited to) policies, procedures, details of the allegation, and so forth. Timeliness and sufficiency of notice are often key matters of concern.

Parties

Complainants and respondents (i.e., the alleged victim and the person accused).

Privacy

Confidentiality of student records, largely regulated by the Family Educational Rights and Privacy Act (FERPA).

Recordkeeping

The practice of maintaining records of a disciplinary proceeding. Records may include transcripts, recordings, notes, reports, written agreements, training materials, emails, and determination letters.

Remedies

Actions taken by the school to ensure safety or to restore or preserve the complainant’s equal access to educational programs or activities. Remedies are issued after a determination that the respondent violated the school’s policy.

Respondent

A person accused of violating a school’s misconduct policy.

Responsible Employee

A person obligated by school policy to report knowledge of potential misconduct to the school’s Title IX Coordinator. By contrast, a Mandatory Reporter is a person obligated by law to report.

Retaliation

Adverse action taken against a party or witness for the mere act of participating in a Title IX proceeding, including and especially filing a complaint.

Sanctions

Forms of discipline imposed upon respondents after a determination that the respondent is responsible for misconduct. Interim measures are not sanctions.

Standards of Evidence

Also called Standards of Proof. These standards are the threshold of evidence by which an accused person may be found responsible/guilty and are often approximated by a percentage. In criminal proceedings, the standard is beyond a reasonable doubt (~90% or greater). School proceedings apply the standard used in civil litigation (50.1% or higher, or “50% plus a feather”). Another relevant standard is the “clear and convincing” standard, or a ~70% likelihood or greater.

Timeliness

The appropriate timeframe in which something is done.

Title IX Coordinator

The school employee designated to be responsible for coordinating the institution’s efforts to comply with Title IX.

Training

Training for school personnel involved in Title IX matters. Whether the training is sufficient and/or ideal to address the needs of complainants and respondents (e.g., what a school must do, and what may additionally be “best practice”) is a constantly-evolving area of discussion.

Witnesses

Fact, expert, and character witnesses who can speak to the facts of the matter (especially the facts in dispute), the subject matter involved in interpreting and weighing evidence, and the character of the complainant or respondent, respectively.

References

[1] https://www.law.cornell.edu/wex/character_evidence

[2] https://www.expertinstitute.com/resources/insights/federal-rule-403-balancing-probative-value-and-prejudice-in-evidence/