Page 12 - Title_IX_Toolkit

> Procedural irregularity that impacted the outcome of the matter;
> New evidence not reasonably available at the time of the Dismissal or Written Determination that could
impact the outcome of the matter; or
> Title IX Coordinator, Investigator, or Decision Maker had a conflict of interest or bias that impacted the
outcome of the matter.
3. If an appeal is filed the Appeal Officer must:
> Notify the complainant and respondent in writing;
> Give the complainant and respondent reasonable, equal opportunity to submit a written statement in
support of or challenge to the outcome; and
> Issue a written decision to the complainant and respondent simultaneously, describing the result of the
appeal, and the rationale for the result.

Step 10. Retain Records for 7 Years
1. For a formal Title IX complaint retain: each sexual harassment investigation, including any determination
regarding responsibility, any audio or audiovisual required or transcript, any remedies or disciplinary
sanctions imposed; any appeal and the result therefrom; and any informal resolution and the results
therefrom.
2. Whenever an obligation under Title IX is triggered but there was no formal complaint: any actions taken
to address the report or complaint and to resort or preserve equal acess to the LEA’s program or activity,
including supportive measures; and why the LEA’s response was not deliberately indifferent.
3. Maintain all materials used to train Title IX Coordinators, Investigators, Decision- Makers and any person
who facilitates an Informal Resolution. The LEA must make these training materials publicly available on
its website.

DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not
constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
Copyright © 2021 Lozano Smith - All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work pre-
pared there from, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any
client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. – Rev. April 7, 2021

Title IX Complaints LozanoSmith.com 12