ATIXA's OPEN Center Responses

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?

Do the Title IX regulations specify who can and cannot serve as a recipient’s decision-maker?

May the investigator make recommendations in the investigative report?

Can the investigator testify, either voluntarily or in response to a question from a party or from the decision-maker, about the investigator’s report or recommendations, at a Title IX grievance process hearing?