As Universities put finishing touches on their Title IX policies, SAVE is advising university counsel to assure Title IX investigations do not rely on methods that are victim-centered, where investigators are encouraged to “Start By Believing”.

When investigators start by believing the accusing party, in effect, they are disbelieving the responding party. This leaves no room for
Presumption of Innocence in campus adjudications.

These trauma-informed methods are inadvisable for four reasons:

• The Final Rule requires all Title IX administrators are trained on…how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias…”

• Recent judicial decisions rule against trauma-informed investigations. In a decision against Syracuse University, a federal judge noted: “Plaintiff alleges that the investigation relied on ‘trauma informed techniques’ that ‘turn unreliable evidence into its opposite,’ such that inconsistency in the alleged female victim’s account. . .becomes evidence that her testimony is truthful”.

• A lack of scientific basis noted in several peer-reviewed articles surrounds trauma-informed investigations. Journalist Emily Yoffe has described these methods as “junk science”.

• Leading Title IX Groups, such as ATIXA, FACE, and SAVE have been critical of these types of investigations, noting lack of fairness and due process for all parties. In addition, 158 professors and legal experts endorsed an Open Letter critical of the use of trauma-informed methods.

SAVE notes “trauma-informed” may be useful in the context of providing counseling and mental health services. But trauma-informed philosophy serves to bias the investigative process, rendering campus adjudications unreliable.

SAVE encourages you to contact the provost at your alma mater or local college and encourage their oversight to assure the university does not include trauma-informed investigations for their TIX proceedings.