Making the decision to file a Title IX complaint is far from trivial. Survivors of sexual violence often fear being labeled, blamed, or belittled by the Title IX process. Additionally, the prospect of reliving the traumatic event through recounting the facts can be emotionally overwhelming. While the process may never be easy, preparation and knowledge can help diminish its emotional toll. This guide outlines key steps and considerations for navigating the Title IX process.
1. Managing the Aftermath of Sexual Assault: Before Filing a Title IX Complaint
Preserving Evidence
In the immediate aftermath of a sexual assault, preserving evidence is critical. Survivors should consider visiting the nearest hospital within 72 hours for an examination by a Sexual Assault Nurse Examiner (SANE). A SANE nurse will:
- Treat injuries.
- Test for sexually transmitted infections.
- Collect DNA evidence.
Other steps to preserve evidence include:
- Taking photos of injuries.
- Saving text messages, emails, or other electronic communications related to the incident.
Seeking Support and Protection
Survivors should reach out to trusted individuals for support, such as parents, advisors, or friends. Additional steps include:
- Reporting the assault to campus police. As deputized officers, they can initiate legal protections.
- Requesting a no-contact order through the university.
- Seeking a civil protection order through the court system in serious cases to ensure safety.
2. Navigating the Title IX Process
Filing the Complaint
Once immediate safety steps are addressed, survivors should contact their school’s Title IX office to file a complaint. This involves submitting a brief written statement including:
- The date and location of the incident.
- A short description of what occurred.
To keep facts organized, survivors are encouraged to create a timeline of events, which can serve as a reference throughout the process.
Participating in the Investigation
The Title IX process includes:
- Initial Interview:
- Complainants will be interviewed by an investigator trained in trauma-informed techniques. These interviews aim to provide a safe, empathetic environment.
- Survivors may reference their timeline to assist with memory gaps.
- Investigation Phase:
- Investigators interview respondents and witnesses.
- A draft report is shared with both parties for corrections or responses.
- Once finalized, the report leads to a Title IX hearing.
The Hearing Process
Title IX hearings differ from court proceedings. Key points to note:
- Bullying or inappropriate questioning is not tolerated.
- Cross-examination must remain relevant to the complaint.
- A written decision is issued after the hearing, and both parties may appeal the outcome.
Supportive Measures
Universities are obligated to provide academic accommodations and other supportive measures. Survivors may also request informal resolution as an alternative to formal hearings. Examples of informal remedies include:
- Training on consent and alcohol.
- Agreements for the respondent to leave campus temporarily.
3. Exploring Options Outside the University
In addition to the Title IX process, survivors may consider external options:
- Criminal Charges: Reporting the incident to law enforcement.
- Civil Actions: Pursuing monetary damages through the court system.
Title IX attorneys can guide survivors through these parallel processes, ensuring they understand their rights and options.
Final Thoughts: Seek Guidance and Support
Navigating the Title IX process is challenging, but survivors do not have to face it alone. A trained Title IX advocate or attorney can help students understand their rights, access resources, and explore all available avenues for justice and resolution.
Need Help Navigating the Title IX Process?
At KJK, our attorneys are dedicated to supporting students through every step of the Title IX process. Whether you’re filing a complaint, preparing for a hearing, or considering other legal options, we’re here to help.
Contact Us Today for a consultation and take the first step toward reclaiming your safety and peace of mind.