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Lozano Smith Title IX Toolkit

The Association of California School Administrators is the largest umbrella organization for school leaders in the United States, serving more than 17,000 California educators.

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DISCLAIMER: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein. Copyright © 2017 Lozano Smith - All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work pre- pared there from, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. – Rev. November 1, 2017 Title IX Complaints 4 Step 6. Interview the Accused 1. If the accused is a bargaining unit member, he or she has a right to have a union representative present for their interview. 2. If the complainant was allowed an advisor or support-person, provide the accused the same opportunity. 3. Obtain all facts regarding the incident. > Ask broad, open-ended questions to narrow questions. > Ask for the names of other potential witnesses. 4. Preserve evidence and documentation provided by the accused. This may include emails, screen shots, pictures, or physical evidence. 5. Depending on the circumstances you may want to request a written statement. If so, make sure it is signed and dated. 6. Caution the accused against retaliation. Step 7. Prepare a Summary or Report 1. Detail the steps taken during your investigation and the evidence considered, including: > How the issue was brought to your attention and what actions you took. > Describe who you interviewed and what they told you. > Describe the documents you reviewed. > Assess the credibility of each witness. 2. State your factual findings using the preponderance of the evidence or clear and convincing standard, depending on your LEA's policy. 3. Make a determination as to whether your factual findings establish a policy violation. 4. Discuss your conclusions and next steps with the Title IX Coordinator. Step 8. Issue Investigation Findings 1. Prepare an investigation findings letter for the complainant and accused. 2. If your LEA is following the Uniform Complaint Procedures, the letters should include the following*: > The findings of fact based on the evidence gathered; > Conclusions of law; > Disposition of the complaint; > Rational for the disposition; > Corrective actions taken, including disciplinary actions taken against the accused that directly impact the complainant; and > Notice to both parties of their right to appeal the LEA's decision to the California Department of Education within 15 days. 3. Seek approval from the Title IX Coordinator before mailing your finding letters to the complainant and accused. 4. Forward a copy of your findings to the Title IX Coordinator and Human Resources and/or Student Services, if necessary. * 5 CCR § 4631

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