Filed Under: Investigator Role
Question:
May the investigator make recommendations in the investigative report?
Answer:
The Title IX regulations do not require or prohibit an investigator from making a recommendation with respect to a determination regarding responsibility. The Preamble to the regulations at 30308 states: “The Department does not wish to prohibit the investigator from 5 including recommended findings or conclusions in the investigative report. However, the decision-maker is under an independent obligation to objectively evaluate relevant evidence, and thus cannot simply defer to recommendations made by the investigator in the investigative report.”