Title IX

Conducting Title IX investigations

Clients call on F3 to conduct investigations because Investigators must be thoroughly versed in Title IX requirements. Our attorneys have done thousands of investigations, interviewing students and employees and witnesses to find the truth in what’s typically a highly emotional situation. We conduct investigations in a trauma-informed manner, meaning that we do all we can to promote healing and recovery rather than engage in practices that may inadvertently re-traumatize. Our investigators are respectful of all participants and empower them to participate rather than withdraw. We’re good listeners, and our attorneys give parties and witnesses a fair opportunity to tell their story without judgment. Other firms often fail to consider the emotional stress involved and unintentionally inhibit testimony by treating the situation as transactional rather than human and emotional. We do all we can to be comforting, inviting, and promote sharing.

Training in Title IX compliance and more

It may sound counter-intuitive, but one of our goals at F3 is to have clients need us less. Our clients learn from us as we explain options and walk them through procedures. We teach those with Title IX responsibility how to do their jobs – even perform investigations themselves. School administrators in California wear many hats and are expected to know a lot about Title IX, which is anything but simple. As a result, they call upon F3 to provide training to administrators and individuals with specific, legally required Title IX responsibilities. But we also provide training on related but non-statutory matters, such as implicit bias, DEI, and student and employee discipline. Our attorneys are often asked to present seminars and workshops on Title IX matters and are happy to do so.

Resolving Title IX allegations

A school with actual knowledge of Title IX sexual harassment in an education program or activity against a person has a legal duty to respond. And Title IX proceedings may present a dual issue: the student, faculty member, or other employee’s relationship with the school may be in jeopardy, but the accused may also be subject to criminal liability in state court. Even on the civil (non-criminal) side, defending Title IX claims can be especially complex because doing so requires educational institutions to participate in an adversarial trial process for conduct what may be a non-criminal, which can discourage people from participating. The investigation is generally the first step, after which we represent our client in hearings and courts, arbitrations and mediations, and before various administrative agencies. Remedies with which we can assist may include disciplinary action against the perpetrator, counseling for the perpetrator and/or victim, changes to services or policies, remedies for the complainant and others, and more. We also help with public statements, such as drafting press releases, providing guidance for press interviews, and scripting video addresses.