Title IX Guiding Principals
Policy Development
Policy Development should include
Preservative policies that protect the federally-protected civil rights of both parties. Policies and procedures should reflect best practices for protecting civil rights, both in letter and spirit of the law.
Policies that are accessible for all students. These policies should be clearly written and should be available for review on multiple and a variety of platforms.
Policies should be up to date and should consult experts in IPV, student communities and recent research regarding the impact of violence on survivors, as well as measures that would be beneficial for respondents.
Policies should be collaborative and inclusive when they are created, implemented, and updated. Institutions should seek meaningful input and feedback from a wide array of student and staff/faculty communities, especially marginalized communities, on their campus.
Investigation and Adjudication
The Investigation and Adjudication of a Title IX complaint should include:
Institutions should provide training for their Title IX personnel, hearing boards, and any other professionals that may be a part of the investigation or adjudication for the campus. These training’s should be extensive, appropriate and up-to-date in:
Trauma-informed and culturally sensitive information, and
Continuous and researched-based approaches that are developed and and facilitated with gender violence experts.
The response of an institution (regardless of whether the complaint continues in the Title IX process, is shifted to the institutions Student Conduct process, or is not pursued), should be timely, appropriate, sensitive, and respectful to both parties. Keeping this response standard at every level will increase the likelihood that students will report intimate partner violence and other forms of gender based violence.
Investigation and Adjudication within institutions should be prompt, fair and impartial for both parties.
Retaliation is never permitted. It is paramount that Campuses protect the safety of parties by training employees in safety planning, adjudicating claims of retaliation in a timely fashion, and highlighting retaliation prohibitions in IPV-related policies.
Supportive Measures
Supportive Measures for both parties should include:
Private and Trauma-Informed support that is provided throughout campus.
Equitable accommodations offered to both parties. Specifically, providing supportive measures and remedies for complainants, and avoiding disciplinary steps against respondents; unless the institution completes the grievance process. Accommodations should take into account parties relevant circumstances. Accommodations should be provided with attention to ability status, religion/faith, cultural identity, racial identity, gender identity, sexual orientation, financial situation, etc, that may influence and impact parties and their communities.
Interim Measures that are prompt and prevent retaliation against either party. As soon as the institution is put on notice of an allegation of intimate partner violence, the school should provide interim measures to protect students while an investigation takes place. The school should also provide the parties with updates on the status of the investigation.
Robust Accommodations for parties. Accommodations following experiences of intimate partner and other forms of violence should minimize either parties burden of continuing their education. These accommodations should address safety, Title IX rights, academic needs, privacy, and resulting financial burden for both parties.