Published on: June 19, 2025
An ATIXA Tip of the Week by Alisha Carter Harris, M.S., and Lauren Starnes, J.D.
In Title IX investigations and decision-making processes, especially in word-against-word complaints where direct evidence is limited, pattern evidence can provide valuable clarity. When available and applicable, it offers a critical perspective.
ATIXA recently shared essential considerations for evaluating pattern-based evidence during a recent Time with IX event. This Tip of the Week distills key insights from the discussion and provides actionable strategies to help you navigate this complex aspect of your work.
Watch the community event recording here.
What is Pattern-Based Evidence?
ATIXA defines a pattern as two or more substantially similar incidents or behaviors involving the same individual, established when the preponderance of evidence supports that the alleged acts occurred.1 Similarity can be:
- Type of act
- Commonality of chosen targets
- Location of incidents
- Consistency of premeditation
- Signature or modus operandi (method of operation)
Determining substantial similarity is case-specific and cannot be based solely on a single factor or checklist. All factors must be considered together. K-12 schools, districts, and higher education institutions should regularly train Title IX staff on the nuances of pattern-based assessments to ensure consistency and reduce bias.
Evaluating Patterns During Investigations
When gathering evidence, it is crucial to treat each complaint as separate and distinct. Carefully evaluate the relevance of any pattern-based evidence by asking whether it directly relates to the facts in dispute and whether it supports or refutes alleged policy violations. Importantly, refrain from introducing irrelevant details, such as information about a respondent’s unrelated misconduct that can compromise fairness and focus.
When assessing credibility, approach pattern evidence with caution. While such evidence can inform your understanding, it should rarely, if ever, serve as the sole basis for decision-making. Investigators and decision-makers must adhere to the appropriate standard of proof and remain vigilant about potential sources of bias, as well as the possibility of collusion between complainants. Anticipate that parties may challenge the impartiality of the process, especially when multiple complaints are combined or when shared investigators, decision-makers, or hearings are involved.
Context matters. Power dynamics between the parties, the severity of the allegations, and pervasiveness must all be weighed carefully and separately for each complainant. The same standard applies to each respondent in allegations involving more than one. Keep in mind that the standard of evaluation may differ depending on whether the allegation involves an alleged hostile environment or other prohibited conduct, such as sexual assault or stalking.
Finally, in all hearings, appeals, and determinations, ensure that your process is fully aligned with the Title IX regulations. Uphold due process protections, maintain procedural consistency, and prepare to defend your decisions, particularly involving the decision to consider pattern evidence, with well-documented reasoning. When navigating complex or systemic issues, consider partnering with Title IX experts, key collaborators at your school or institution, and engaging in targeted training to support sound and defensible outcomes.
Illustrative Case Examples and Key Insights
To illustrate how ATIXA recommends using pattern evidence to inform decisions, the following are two representative cases.
Case 1: Repeated Touching in K–12 Club Meetings
A middle school teacher hosted an extracurricular club that met after hours. Over time, three female sixth-grade students reported similar experiences:
- The teacher invited only select students, who were always female and who were all roughly the same age, to participate.
- Inappropriate, non-consensual touching occurred during the club meetings.
- All incidents took place in the same classroom under similar conditions.
Outcome: The substantial similarity in target demographics, location, method of operation, and behavior supported the presence of a discernible pattern. This justified a consolidated investigation, which ultimately influenced both the findings and the sanctions. The decision-maker reviewed each complaint separately but considered pattern evidence in assessing credibility and determining policy violations.
Case 2: Apparent Pattern That Didn’t Hold Up
Three college students filed separate complaints against the same student respondent, alleging non-consensual, physically aggressive sexual encounters following parties where alcohol was consumed:
- Initially, the reports seemed highly similar.
- However, deeper interviews revealed stark differences in pre-existing relationships, sequence of events, alcohol consumption, and behavior, including in non-consensual sexual encounters.
Outcome: The Title IX Coordinator chose to “untangle” the complaints mid-process, issuing separate Notices of Investigation and Allegations (NOIA) and conducting three fully independent hearings with separate decision-makers. The shift prevented inappropriate evidentiary overlap and maintained procedural fairness.
How to Document Pattern-Based Evidence
Documenting pattern-based evidence is key to ensuring fairness and defensible outcomes in Title IX investigations. These best practices provide a clear and structured approach:
- Determine whether the complaint involves a single incident, pattern, or climate/culture. Ensure this distinction is clearly documented in the NOIA and planning materials. As new information arises, update the NOIA accordingly and adjust the framework if evidence of a pattern emerges.
- Use a Comparison Matrix to track similarities and assess substantial similarity or justify keeping complaints separate. Include columns for:
- Target demographics
- Location and timing
- Act type and severity
- Consistency
- Modus operandi
- If complainants serve as witnesses in other complaints, it may make sense to segment interviews and redact information before distribution to prevent bias and collusion. Clearly label sections if you are using the same transcript across multiple complaints.
- When using the same decision-maker for related complaints, document the rationale, safeguards, and prepare for challenges or appeals on the basis of alleged bias. Alternatively, consider using a panel to address concerns about impartiality.
- If a respondent is found responsible in multiple complaints, it is possible to use the pattern as an aggravating factor in sanctioning, but only when repetition is well-documented and each complaint is independently substantiated. Institutions vary on whether they are able to charge a respondent with a pattern of misconduct, rather than a series of incidents. ATIXA recommends updating policy to allow pattern charges. In some cases, the pattern evidence simply offers corroboration of whatever the charged offense may be. In such cases, the pattern does not usually impact sanctions. In other cases, the pattern itself is part of the charge, and that is when it is most likely to result in enhanced sanctions, if founded.
Applying Pattern Evidence While Upholding Due Process
The thoughtful application of pattern-based evidence is critical to ensuring fair and legally sound Title IX investigations. By carefully analyzing patterns, maintaining procedural fairness, and resisting shortcuts like collapsing multiple distinct allegations into a single analysis, practitioners can uphold the integrity of their processes.
Leveraging multidisciplinary teams and maintaining a consistent focus on both compliance and compassion ensures decisions are not only justifiable but also just. As standards evolve, staying informed through professional communities like ATIXA will remain a vital tool in promoting safety, accountability, and trust across educational institutions.
Enhance your skills by enrolling in ATIXA’s Title IX Investigator certification training for K-12 settings or higher education, or explore our Title VI Investigator training. For personalized support, contact ATIXA to schedule a private training or consultation.