How to Conduct a Title IX Investigation: 9 Essential Steps

Title IX investigations are complex, high-stakes procedures that demand thoroughness, impartiality, and strict adherence to federal regulations. Whether you’re a school administrator, Title IX coordinator, or legal professional, understanding the proper steps is essential to ensuring due process and minimizing liability.

At Ratliff Jackson, LLP, our experienced Title IX Advisors guide educational institutions through every phase of Title IX compliance—from policy design to defense in federal investigations. Below, we break down the 9 key steps in conducting a legally sound and procedurally fair Title IX investigation.

1. Receive and Assess the Complaint

The process begins when a formal complaint is filed, typically by the alleged victim (the complainant) or a Title IX coordinator.

✅ Key Action: Determine if the conduct alleged falls under the scope of Title IX (i.e., sex-based harassment or discrimination within an education program or activity).

If the criteria are met, the school must move forward with a formal investigation. If not, the institution should consider referring the matter through other appropriate channels.

2. Initiate Supportive Measures

Before an investigation proceeds, schools must offer non-disciplinary, non-punitive supportive measures to both the complainant and the respondent (the accused). These may include academic accommodations, counseling services, or schedule adjustments.

🛡️ These measures are required regardless of whether a formal investigation occurs and must be tailored to preserve equal access to education.

3. Provide Written Notice of Allegations

Both parties must be provided with a written notice of allegations that includes:

• A summary of the alleged misconduct

• The identities of the involved parties (if known)

• The right to an advisor

• A reminder that the respondent is presumed not responsible

This formalizes the start of the investigation and outlines the rights of both parties.

4. Appoint a Neutral Investigator

The institution must assign a trained, impartial investigator who has no conflict of interest or bias toward either party.

At Ratliff Jackson, LLP, we often serve as third-party neutral investigators or advise schools on how to select and train compliant personnel.

5. Conduct a Thorough, Impartial Investigation

This step involves gathering all relevant evidence, including:

• Interviews with the complainant, respondent, and witnesses

• Review of digital communications, social media, or video footage

• Collection of physical or documentary evidence

📋 Investigators must provide both parties equal opportunity to present evidence and suggest witnesses.

Maintaining objectivity is critical. Investigators must avoid credibility judgments based on stereotypes or previous disciplinary history.

6. Allow Access to Evidence and Responses

Before the final report is written, both parties must receive a copy of the evidence collected and have 10 days to review and respond in writing.

This ensures transparency and provides an opportunity to correct inaccuracies or offer additional evidence.

7. Prepare the Investigative Report

The investigator drafts a report that fairly summarizes:

• Relevant facts

• Statements from both parties and witnesses

• A neutral presentation of all evidence (including evidence not relied upon)

The report must not include findings of responsibility—those are reserved for the decision-maker.

8. Live Hearing or Decision-Making Process

Under federal Title IX rules, postsecondary institutions must conduct a live hearing with:

• Cross-examination by each party’s advisor

• A neutral decision-maker (not the investigator or coordinator)

For K-12 institutions, live hearings are optional. However, decision-makers must still allow both parties to submit written questions and responses.

9. Issue a Written Determination & Offer Appeals

After reviewing the evidence and hearing responses, the decision-maker issues a written determination that includes:

• Findings of fact

• Application of school policy

• Final decision on responsibility

• Sanctions (if applicable)

• Rights to appeal

Both parties must be notified simultaneously.

Why Compliance Matters More Than Ever

With the new 2024 Title IX regulations taking effect August 1, institutions must act swiftly to:

• Update procedures to reflect expanded protections (including gender identity and sexual orientation)

• Ensure all Title IX personnel complete training on impartiality and trauma-informed practices

• Minimize liability through early legal consultation

How Ratliff Jackson, LLP Can Help

At Ratliff Jackson LLP, we are trusted partners to school districts, colleges, and universities navigating Title IX challenges. Our services include:

• Training for Title IX coordinators, investigators, and decision-makers

• Third-party investigation services

• Legal representation during OCR investigations or appeals

• Policy review and compliance audits

Whether you're handling a complex investigation or updating your procedures under the latest federal rules, our attorneys deliver proactive, responsive, and legally sound counsel.

📞 Call or Text Us for a Free Consultation: (856) 209-3111
🌐 Visit: https://ratliffjackson.com/