Title IX

We recognize the care that must be taken in matters of sexual harassment, sexual assault, intimate partner violence, and stalking.  The sensitive nature of these allegations, as well as cultural implications, can heighten an already stressful situation for the parties involved, as well as others in the campus community.  Our consultants are experienced, well-trained, and ready to assist with nearly every aspect of the Title IX process; in support of our neutrality, we do not engage in advisor roles.

Our investigators know that the parties — and the community — will not trust the outcome of the process unless we are systematic and comprehensive. We train our consultants to be impartial and to focus on the elements of each charge, as well as the details that will help with credibility analysis. We look for evidence that may be unknown to the parties, such as security footage, card swipe information, and other data. All of the evidence gathered comes together in a written product that demonstrates the work of the investigator in a transparent and understandable way. 

Good investigators typically have a good “gut read” on people, but that’s not all it takes. We train our consultants to be independent, thorough, and to use their “gut” to inform the questions they ask and the evidence they seek. Our consultants are trained to be mindful of the emotional response of the party or witness, so the consultant can keep parties and witnesses engaged and willing to share information. In the end, we want our gut to help us get all of the relevant evidence on the table. Then, our investigators can rely on that evidence to complete the investigation so the decision-maker can use that evidence to decide the case in a thoughtful and appropriate manner.

An investigator for a particular case is selected from a combination of availability, experience, knowledge and expertise. For example, some of our investigators have more experience handling faculty cases, while others are especially equipped to handle cases involving disabilities and the intersection with other protected traits. Many of our investigators have 10 to 20 years’ experience working with educational entities on civil rights investigations. We try to make sure every investigator is a good fit for the particular investigation.

Our Title IX hearing officers and decision-makers (“hearing officers”) have extensive knowledge of Title IX, the Title IX regulations, and experience serving as Title IX hearing officers for colleges and universities throughout the country. Prior to the August 14, 2020 effective date of the 2020 Title IX regulations (34 C.F.R. 106.45), our team of hearing officers had been serving in these roles for public colleges and universities in the jurisdiction of the Sixth Circuit Court of Appeals (Michigan, Ohio, Kentucky, and Tennessee). The Sixth Circuit Court of Appeals, through case law, has required live hearings with cross-examination for students in Title IX sexual misconduct cases since 2018, nearly two years prior to the hearing requirement in the 2020 Title IX regulations. 

When assigned a Title IX hearing from a college or university, the assigned hearing officer immediately reviews the applicable Title IX policy, and any related policy issue the college or university may ask the hearing officer/decision-maker to resolve (e.g., Title VII, other protected class discrimination, student conduct, staff or faculty conduct). The assigned hearing officer communicates with the college or university contact regarding the Title IX policy and process, the institution’s ethic of care, and other expectations for the hearing officer. The hearing officer will thoroughly review the hearing case file in advance of the hearing to ensure that they are prepared to ask questions, make relevance determinations, and address evidentiary issues that may arise during the hearing.   

During Title IX hearings, our hearing officers come prepared with questions to help them resolve findings of fact, evaluate credibility, and apply the college or university policies to the facts of the case. Importantly, our hearing officers have significant experience making relevance determinations in real time, and in a manner that is understandable and sensitive to the parties, witnesses, and advisors. Our hearing officers are well-experienced at maintaining a professional, orderly, and compliant hearing. Our team is very comfortable serving in the hearing officer role, both in person, and over an online platform, such as Zoom.

Following the hearing, the assigned hearing officer will begin the process of drafting a thorough and compliant decision that will be completed within the college or university’s deadline. Decisions drafted by our hearing officers clearly identify the allegations and alleged policy violations, include specific findings of fact and the manner in which they were determined (including analyses of credibility), apply the findings of the fact to the applicable policy language to transparently explain the conclusion, and address the appeals process for the parties. Our hearing officers strive to ensure not only that the decision is clear, appropriate, and based on a preponderance of the evidence, but also that the parties feel as though their concerns were heard, regardless of the ultimate outcome of the case.

Our consultants are comfortable working as solo hearing officers, panel chairs, panel members, and process consultants to assist a panel of college or university employees as they navigate the hearing process.

Our consultants provide interim services to Title IX Coordinators when necessary to help fill in when vacancies occur.  We can provide intake services, case coordination, hearing administrator services, or oversee other aspects of the office as may be needed.  Jessica Galanos and Rob Kent are the key contacts for Title IX Coordinator support.

Informal Resolution

The INCompliance team includes several trained facilitators who are adept at providing informal resolution support to education institutions for Title IX complaints. Our facilitators include those with training in mediation, including mediation of sexual and domestic violence matters, and restorative practices. For many of our facilitators, their experience in alternative dispute resolution predates the August 14, 2020 regulations and has since been honed through Title IX-specific informal resolutions.   

Because our informal resolution facilitators also serve as Title IX investigators and hearing officers/decision makers for other cases, they can easily identify and navigate the issues that often arise during the Title IX grievance procedure and collaborate effectively with Title IX Coordinators. The team’s experience with other Title IX roles also makes them uniquely qualified to help parties work through sensitive and difficult issues and identify mutually agreeable outcomes that enable them to move forward productively.  

Our team is comfortable serving in the informal resolution facilitator role both over online platforms, such as Zoom, and in person.  Laura Anthony is the key contact for informal resolution support.

Appeals 

Our Title IX appeals officers are able to review specific matters, from intake to appeal. Our appeals officer team is comprised of Title IX team members who also serve in the roles of Title IX Coordinator, investigator, and hearing officer for colleges and universities. With the experience of serving in each step of the process up to appeal, our appeals officers are able step back and see the big picture and focus in on the specific issue or issues on appeal.  

When assigned a Title IX appeal, the assigned appeals officer, as with our hearing officers, immediately reviews the applicable Title IX policy and communicates with University contact regarding the institutional ethic of care.  The appeals officer will review the appeals submitted by the party/parties to understand the scope of the issues on appeal. Within those appeal confines, and as defined in the University’s basis for appeal, the appeals officer will review the entire hearing case file, including any hearing videos or transcripts, and the hearing decision.  After a review, the appeals officer will write a concise and transparent decision to address the issues properly raised for consideration under the policy.

 Implementation Reviews

The best process in the world is only as good as its implementation.  We provide implementation reviews to help institutions gauge what parts of their process work well, what needs work, the strengths and weaknesses of their Title IX team, and whether the team is communicating well with other parts of the institution. 

Athletics Gender Equity Reviews

Is your institution meeting the Title IX equity mandate in terms of athletic opportunities?  Our team will help analyze data and prepare a plan to keep your institution on track for compliance.  Kasey Nielsen and Joel Nielsen are the key contacts for Athletic Gender Equity Reviews.