Timeline of Investigation Report to Decision-Maker

Filed Under: Decision-Maker Role
Question:

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?

Answer:

The Title IX regulations require the recipient to send a copy of the investigative report to the parties and their advisors (if any) at least ten days prior to the date of a hearing (if a hearing is required or otherwise provided) or other time of determination regarding responsibility, but do not prescribe how or when the investigative report should be given to the decision-maker. Because the 7 purpose of this requirement, found at 34 C.F.R. § 106.45(b)(5)(vii), is to ensure that the parties are prepared for a hearing or, if no hearing is required or otherwise provided, that the parties have the opportunity to have their views of the evidence considered by the decision-maker, the decision-maker will need to have the investigative report and the parties’ responses to same, prior to reaching a determination regarding responsibility, but the timing and manner of transmitting the investigative report to the decision-maker is within the recipient’s discretion.

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