ATIXA OPEN Center

If a party refuses to participate in cross-examination at the postsecondary level, will the refusal be held against them?

The Title IX regulations do not require elementary and secondary schools to hold live hearings, but must an elementary or secondary school allow the parties to cross-examine other parties and witnesses prior to the decision-maker reaching a determination regarding responsibility?

Do Title IX regulations addressing a complainant’s sexual predisposition and prior sexual behavior govern the inclusion of such information in the investigative report?

After the parties have been given the opportunity to respond to the investigative report in compliance with 34 C.F.R. § 106.45(b)(5)(vii), is the final investigative report admitted as evidence for consideration by the decision-maker? If so, are the written comments that the parties made in response to the investigative report also admitted as evidence?

The Title IX regulations require that the written determination regarding responsibility be provided to the parties simultaneously. Can the Department clarify what “simultaneous” means in this provision?

Where the Title IX regulations refer to specific time frames, how are “days” calculated?

Do the Title IX regulations require the recipient to provide a copy of the investigative report to the decision-maker? If so, at what point in the process should this transmission occur?

Can the Department recommend any specific Title IX Coordinator and investigator training?

If a recipient participates in a consortium or delegates investigative or adjudicative functions to a regional center, does it still need to post its training materials?

If a recipient uses non-employee contractors or consultants to provide the training required for Title IX personnel (described in 34 C.F.R. § 106.45(b)(1)(iii)) such that the recipient does not own or control the training materials, is the recipient required to post the training materials on its website?