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Intake Analysis
Once the Complaint Intake Process is complete, the Title IX Coordinator analyzes all information and determines if the Formal Complaint is indeed a potential Title IX violation.
Preponderance of Evidence vs. Clear and Convincing Evidence
Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty.- Preponderance of Evidence requires that the evidence be “more likely than not” to prove the matter at hand; evidence only needs to be greater than a 50% likelihood of being true.
- Under the clear and convincing standard, the evidence must be substantially greater than a 50% likelihood of being true.
A recipient with actual knowledge of sexual harassment in an education program or activity against a person must respond promptly and in a manner that is not deliberately indifferent.
The Title IX Coordinator will then make one of the following decisions -
- Emergency Removal (leading to the Formal Complaint Process)
- The removal of a respondent from an education program or activity on an emergency basis provided that the recipient.
- Provides the respondent with notice and an opportunity to challenge the decision immediately upon removal.
- Informal Resolution
- Process to resolve a complaint without resorting to the formal resolution procedures.
- The Title IX Coordinator has 30 school business days to seek an informal resolution, but can be extended by mutual consent of the both the Complainant and Respondent.
- If either the complainant, or respondent, disagree with an informal resolution, then the next step is the Formal Complaint Process.
- Dismissal of Complaint
- The complaint does not meet the neccessary guidelines to be a potential Title IX violation.
- The complaint is addressed under a different district policy.
