Restoring Impartial and Fair Investigations on Campus

SAVE

May 29, 2020

The new Title IX regulation, recently released by the Department of Education, contains several provisions designed to assure impartial and fair investigations on campus: http://www.saveservices.org/2020/05/new-title-ix-regulatory-text-34-cfr-106/  The relevant provisions, with key words in bold, are listed below:

Section 106.45 (b)(1): A recipient’s grievance process must—

(i) Treat complainants and respondents equitably….

(ii) Require an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence—and provide that credibility determinations may not be based on a person’s status as a complainant, respondent, or witness;

(iii) Require that any individual designated by a recipient as a Title IX Coordinator, investigator, or decision-maker, or any person designated by a recipient to facilitate an informal resolution process, not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A recipient must ensure that Title IX Coordinators, investigators, decision-makers, and any persons who facilitate an informal resolution process, receive training on….. how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias… recipient also must ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence….Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment;

These regulatory provisions represent an important step in restoring impartiality and fairness to campus investigations.