Once a school knows or reasonably should know of possible sex-based discrimination
or harassment, including sex-based violence, it must take immediate and appropriate
action to investigate.
If a Title IX incident is reported, prompt and immediate steps to end the sex-based
violence, prevent its recurrence, and address its effects MUST be taken.
The institution must also:
- Take steps to protect the Reported Victim as necessary, including interim measures
taken prior to the final outcome of the investigation.
- Provide a grievance procedure for students to file complaints of sex discrimination,
including reports of sex-based violence.
- Equal opportunity for both parties to present witnesses and other evidence.
The institution's grievance procedures must use the preponderance of evidence standard
to resolve complaints. This standard of evidence is like saying “50% + a feather”.
The institution must also notify both parties of the outcome of the complaint and
appeal rights. The Reported Victim and the Respondent both have equal rights to
notification, and each are informed of their appeal rights and action of the other
person.