What is a Title IX Investigation?
An investigation is part of the administrative process Marshall uses to determine whether Marshall’s policy has been violated. The investigation is not a legal or disciplinary proceeding. As a result, a Title IX investigation does not determine guilt or innocence relative to any local, state, or federal law. It thus does not adhere to the same rules that govern or might be applied in a legal or disciplinary proceeding.
In the Title IX investigation process, individuals bringing forward allegations are referred to as Complainants, and individuals responding to allegations are referred to as Respondents. Sometimes Complainants and Respondents are referred to individually as “a party” or jointly as “the parties.” Individuals who have direct experience with or knowledge of events, issues, or circumstances related to the investigation or whom Complainants or Respondents want the investigator to speak with are referred to as witnesses.
FAQ
Under the 2020 Title IX regulations, a party may select an Advisor of their choice, including an attorney. Regardless of who serves as an Advisor, the Advisor’s role in the Title IX process is limited by federal regulation.
The Title IX Office is required to provide required notices and substantive communications directly to the parties. While Advisors may be copied on communications with the appropriate written consent from the party, the institution cannot communicate solely through an Advisor or attorney in lieu of communicating directly with the party.
Accordingly, requests that all communications be directed exclusively to an Advisor or attorney cannot be honored. This practice ensures compliance with federal regulations and allows the Title IX Office to meet its obligation to keep the parties fully informed throughout the process.
With a valid written release, an Advisor, including an attorney, may receive information relevant to the Title IX matter; however, direct communication with the parties will continue as required under the regulations.
This applies equally to all parties and Advisors and does not limit a party’s ability to consult with legal counsel outside of the Title IX process.
The student must submit an authorization form for you to have access to information about the case. If the student intends to have you attend a proceeding as an Advisor, they must notify the Title IX Office through this form.
The Title IX Office will correspond at all times directly with the student, and not through any third party. You may receive copies of correspondence with the student’s authorization.
Download Authorization Form In Title IX cases, an attorney may participate in any stage of the process.This is a Marshall University hearing, not a court of law. Formal rules of evidence and court procedures are not used and do not apply unless specified therein. For example, discovery procedures, requirements for pleadings, and the hearsay rule do not apply in this hearing. It is expected that everyone will conduct themselves with civility and that any information presented will be relevant to the issues to be resolved at this hearing.
Learn More about The Title IX ProcessThe sanctions are developed with consideration of the individual circumstances of the case, which can include the student’s prior disciplinary history and any other relevant information that the review panel deems useful.
No. Title IX cases are confidential in compliance with the Family Educational Rights and Privacy Act (FERPA). Complainants have the right to be advised of the outcome.
If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Investigator.