Complainants Sexual Predisposition

Yes. The Title IX regulations, at 34 C.F.R. § 106.45(b)(6)(i)-(ii), state that a complainant’s sexual predisposition is “not relevant,” and that a complainant’s prior sexual behavior is “not relevant,” unless the questions or evidence meet one of two limited exceptions. The investigative report required under 34 C.F.R. § 106.45(b)(5)(vii) requires a summary of “relevant” evidence. In the Preamble at 30304, the Department explains: “. . . all evidence summarized in the investigative report under § 106.45(b)(5)(vii) must be ‘relevant’ such that evidence about a complainant’s sexual predisposition would never be included in the investigative report and evidence about a complainant’s prior sexual behavior would only be included if it meets one of the two narrow exceptions stated in § 106.45(b)(6)(i)-(ii) (deeming all questions and evidence about a complainant’s sexual predisposition ‘not relevant,’ and all questions and evidence about a complainant’s prior sexual behavior ‘not relevant’ with two limited exceptions).”