Page 9 - Title IX Toolkit

II CONDUCT THE INVESTIGATION

Reminder: All Title IX Complaints Must Be Resolved in a Prompt Manner.*
The following procedure is recommended for processing complaints filed by or on behalf of a student:

Step 1. Assess the Situation - Immediately
1. Review the written complaint and ask the complainant any clarifying questions you feel are
necessary. If the complaint is verbal, ask the complainant to put it in writing. If the complainant
refuses to put his/her complaint in writing, prepare a written statement of what you were told.
2. Notify the Title IX Coordinator of the complaint or incident that was brought to your attention if you
have not already. Consult with the Title IX Coordinator and determine:
> Whether an informal resolution of the complaint may be appropriate.
> Who should conduct the investigation.
> Initial investigation strategy.
3. Determine mandatory and discretionary reporting obligations.
> If there is a reasonable suspicion of child abuse or neglect, call Child Protective Services
immediately and file a written report within 36 hours, if not already done.
> Consider contacting law enforcement, if there is potential criminal activity.
> Notify the complainant of their right to contact law enforcement.
4. Consider whether the accused is a danger to others and should be removed from school grounds.
> For complaints involving employees, if the employee is a danger to others, or should otherwise not
be on school grounds, contact Human Resources regarding placement on administrative leave
while the investigation is pending.
> For complaints involving other students, if there is sufficient information to merit a suspension,
and suspension is deemed appropriate, begin that process.
5. Determine whether the parents of involved or potentially affected students should be notified.

Step 2. Evaluate Appropriate Interim Measures – Immediately and on an Ongoing Basis
1. In consultation with the Title IX Coordinator, determine whether interim measures should be put into
place, before the investigation is completed, to protect or support the complainant and/or accused.
Interim measures should be considered on a case-by-cases basis. Interim measures should not
unfairly penalize the complainant or the accused. Interim measures should consider both the
complainant’s and the accused’s rights to access educational programs and activities.
2. Appropriate measures to consider include, but are not limited to, the following:
> Physically separate the complainant and the accused.
> Offer medical, counseling or other support services to the complainant.
> No contact orders.
> Any other measures requested by the complainant or accused.
> Support services for bringing forth and defending allegations of sexual misconduct.

* LEAs should refer to their individual complaint procedures for applicable timelines. Under the Uniform Complaint Procedures,
complaints must be investigated and a decision must be issued within 60 calendar days from receipt of the complaint, unless
the complainant agrees in writing to an extension of the timeline. (See 5 CCR § 4631.)
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