What Are The Mandatory Response Obligations Of A School Under Title IX?

New regulations under Title IX, a law promoting gender-equity, require federally funded schools, colleges, and universities to take measures to address on-campus sexual harassment. When a formal complaint is filed by students or faculty and the complaint involves allegations of sexual misconduct, schools must promptly conduct an investigation into the matter. Under the new regulations, schools must respond to allegations of Title IX sexual harassment by:

  • Promtly contacting the complainant confidentially to discussive the availability of supportive measures;
  • Explaining to the complainant the process for filing a formal complaint;
  • Offering supportive measures to the person alleged to be the victim
  • Assuring the respondent (the accused) of due process
  • Conducting a live hearing, where applicable, as part of the grievance process (for post-secondary institutions)
  • Offering remedies to the complainant if a respondent is proven to be responsible

Mandatory Reporting

According to a case study by the Office of Justice Programs, about 10% of K-12 students will be exposed to sexual misconduct by school employees by the time they graduate. Another study shows that 20% of college students will become victims of on-campus sexual assault. One of the factors identified by the case study contributing to the high number of cases is the lack of awareness of school employees when it comes to sexual misconduct.

A provision in the new Title IX regulations now allows post-secondary schools to choose whether to have mandatory reporting for all employees if have knowledge of sexual harassment. The new regulations also allow universities the option of designating certain employees as confidential resources for students to discuss sexual harassment, without triggering an automatic duty to report to the school's Title IX Office.

Many colleges already distribute printed information to students and staff, and post their Title IX policies on the school's website. Now schools must prominently display on their websites certain information, including the contact information for the Title IX Coordinator and materials used to train Title IX personnel on their websites.

If you are looking for advice on a Title IX issue, call to get a free consultation with the attorneys at Roberts Law Group. We have years of experience defending students (and professors) in Title IX matters across North Carolina.

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North Carolina vs. M.W.
Charge: Charge: Robbery with A Dangerous Weapon (4 Counts), First Degree Burglary, Conspiracy to Commit Robbery with A Dangerous Weapon
Facing: 12 - 17 years in prison
Result: Dismissed

An incarcerated defendant accused our client of participating in the robbery of a group of youth at a party. We were able to raise doubt as to the credibility of this individual. In the end, the prosecutor dismissed these charges, citing a lack of evidence.