Page 11 - Title IX Toolkit

Step 6. Interview the Accused
1. If the accused is a bargaining unit member, he or she has a right to have a union representative
present for their interview.
2. If the complainant was allowed an advisor or support-person, provide the accused the same
opportunity.
3. Obtain all facts regarding the incident.
> Ask broad, open-ended questions to narrow questions.
> Ask for the names of other potential witnesses.
4. Preserve evidence and documentation provided by the accused. This may include emails, screen
shots, pictures, or physical evidence.
5. Depending on the circumstances you may want to request a written statement. If so, make sure it is
signed and dated.
6. Caution the accused against retaliation.

Step 7. Prepare a Summary or Report
1. Detail the steps taken during your investigation and the evidence considered, including:
> How the issue was brought to your attention and what actions you took.
> Describe who you interviewed and what they told you.
> Describe the documents you reviewed.
> Assess the credibility of each witness.
2. State your factual findings using the preponderance of the evidence or clear and convincing
standard, depending on your LEA’s policy.
3. Make a determination as to whether your factual findings establish a policy violation.
4. Discuss your conclusions and next steps with the Title IX Coordinator.

Step 8. Issue Investigation Findings
1. Prepare an investigation findings letter for the complainant and accused.
2. If your LEA is following the Uniform Complaint Procedures, the letters should include the following*:
> The findings of fact based on the evidence gathered;
> Conclusions of law;
> Disposition of the complaint;
> Rational for the disposition;
> Corrective actions taken, including disciplinary actions taken against the accused that directly
impact the complainant; and
> Notice to both parties of their right to appeal the LEA’s decision to the California Department of
Education within 15 days.
3. Seek approval from the Title IX Coordinator before mailing your finding letters to the complainant
and accused.
4. Forward a copy of your findings to the Title IX Coordinator and Human Resources and/or Student
Services, if necessary.

* 5 CCR § 4631

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