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To review the final rules of Title IX, please visit the Federal Register website.

For ATIXA training materials, refer to ATIXA's website for the following courses:

  • K-12 Investigator One Materials
  • K-12 Decision-Maker Course Materials
  • K-12 Athletics Course Materials
  • Ten Tips for K-12 Title IX Investigators
  • What School Leaders Need to Know About Title IX
  • A Title IX Introductory Webinar for K-12 Schools and Districts

Training provided by the Office of Civil Rights can be reviewed on their website, including:

  • OCR Title IX Resource Guide
  • 2020 Title IX Regulation Official Document
  • Dear Colleague Letter on Title IX Coordinators

To review training provided by the Colorado Coalition of Sexual Assault (CCSA), please visit their website at https://www.ccasa.org, including:

  • CCASA – K12 Presentation

Additional Resources

For Title IX information from the US Department of Health and Human Services, visit https://www.hhs.gov/.

For Title IX information from the Special Ed Connection, visit https://www.specialedconnection.com.


Title IX and Discrimination Training – 2025-2026 School Year

Overview

This training covers the following topics:

  • Scope (Definitions)
  • Roles
  • Process
  • Information on forms and letters
  • Investigation
  • Decision Making

What is Title IX?

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. It states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

What does this mean? In simple terms, Title IX protects people from sex-based discrimination in education. It applies to schools, colleges, and universities that receive federal funding.

Title IX versus Discrimination and Harassment

These are similar processes but not the same.

Title IX (more sex-based) – ACR3

  • Initial Report (severe, pervasive, objectively offensive)
  • Formal Complaint
  • Notice of Allegations
  • Parent/Student Rights
  • Supportive Measures
  • Investigation
  • Findings Report
  • Appeal

Discrimination and Harassment (protected class) – ACR1/ACR2

  • Initial Report (impact and intent)
  • Notice of Allegations
  • Parent/Student Rights
  • Supportive Measures
  • Investigation
  • Findings Report

Title IX – Scope, 2020 Regulations (AC R 3)

Sexual Harassment

  • Quid Pro Quo – An employee of the school or district conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct.
  • Hostile Environment – Unwelcome conduct determined by a reasonable person to be:
    • Severe: Conduct significantly affects the complainant's ability to participate in or benefit from the school's programs.
    • Pervasive: Conduct occurs repeatedly or is widespread, not a single isolated incident, and
    • Objectively Offensive: A reasonable person in the complainant's position finds the conduct offensive.
    • …that effectively denies a person equal access to the District's education program or activity.
  • Sexual Assault (includes rape, fondling, incest, statutory rape)
  • Domestic Violence, Dating Violence, and Stalking

Sex Discrimination

  • Sex/gender
  • Sexual Orientation
  • Gender identity

Program Equity

  • Example: athletics
  • Retaliation

Criminal Sexual Contact

"Fondling" has been replaced with "Criminal Sexual Contact" with an expanded definition.

Definition – 11D Criminal Sexual Contact:

  • The intentional touching of clothed or unclothed body parts without the victim's consent for the purpose of sexual degradation, gratification, or humiliation.
  • The forced touching by the victim of the actor's clothed or unclothed body parts, without consent, for the same purposes.

Update details: The definition now includes "sexual degradation" and "sexual humiliation" in addition to "sexual gratification." It expands the touching to any body parts (clothed or unclothed) and clarifies prohibited touching.

(Added Aug. 15, 2025)

Harassment and Discrimination Definitions

AC: This policy and regulations foster a climate that encourages prevention, reporting, and fair investigation of discrimination, harassment, and related retaliation. District administrators will engage in prevention, training, prompt response, supportive measures, and equitable processes to ensure fairness.

AC: Bullying based on a student's protected class may constitute discrimination or harassment and should be addressed through regulation ACR1.

  • Protected classes include race, color, gender, sex, sexual orientation, gender identity or expression, transgender status, religion, national origin, immigration/citizenship status, ancestry, age, pregnancy, marital status, veteran status, disability, family composition, and genetic information of staff or applicants.
  • Harassment is any unwelcome physical, verbal, written, graphic, or visual conduct directed at a person based on their protected class that is objectively offensive to a reasonable individual of the same class. See AC policy for details.
  • Discrimination occurs when a person is denied or limited in participation or benefits from District services or treated differently in employment based on protected class. Harassment is a form of discrimination.

Related Policies

Refer to the most current online policies AC, ACR1, ACR2, and ACR3:

  • AC R 1 – Harassment and Discrimination Investigation Procedure for Students
  • AC R 2 – Harassment and Discrimination Investigation Procedure for Staff, Applicants, and Public
  • AC R 3 – Sexual Harassment Investigation Procedures under Title IX

Roles

  • Compliance Coordinator (TIXC) – Oversees policies, procedures, and training to prevent and address sexual harassment and discrimination; ensures federal compliance and a safe environment.
    • Oversees process
    • Creates letters including Notice of Allegations (NOA), Supportive Measures, No Contact Orders, and reviews Findings Report
  • Investigator (I) – Usually Dean or Assistant Principal – Conducts impartial investigations.
    • Receives and reviews complaints
    • Conducts investigation (interviews complainant, respondent, witnesses; collects evidence)
    • Creates Findings Report stating facts only
  • Decision Maker (DM) – Usually AP, Principal, or PSSG – Determines investigation outcome.
    • Not involved in investigation
    • Reviews Findings Report
    • Determines policy violation and responsibility by preponderance of evidence
    • Determines sanctions
    • Issues final written decision including findings, rationale, and appeal rights (appeals only for Title IX)
  • Appeal Officer (AO) – Usually PSSG – Reviews and decides on appeals (Title IX only).
    • Reviews appeal requests
    • Ensures fairness
    • Makes final determinations
    • Communicates outcomes

Grievance Process Overview for Title IX / Harassment and Discrimination

(Steps in bold are Title IX only.)

1. Incident

  • Initial Report
  • Call Compliance Coordinator to determine case

2. Initial Assessment

  • Meeting to assess:
    • Title IX: Severe, Pervasive, Objectively Offensive, denies equal access?
    • Discrimination/Harassment: Intent and impact?
  • Jurisdiction
  • Emergency Removal
  • Referral to another process:
    • Informal/Formal Resolution
    • Dismissal

3. Formal Investigation

  • Formal Complaint (signed) – Title IX only
  • Notice of Allegations (NOA) / Parent/Student Rights
  • Supportive Measures
  • Interviews
  • Evidence Collection
  • Draft Findings Report
  • Title IX Coordinator reviews draft
  • Review/Comment (parents) – Title IX only
  • Final Report to Decision Maker

4. Decision Making

  • Review information and questions
  • Credibility assessment
  • Determination and rationale
  • Sanctions
  • Remedies

5. Appeal (Title IX only)

Appeal grounds:

  1. Procedural Error
  2. New Evidence
  3. Conflict of Interest/Bias

Determination and rationale

Process

Roles referenced: Compliance Coordinator (TIXC), Investigator (I), Decision Maker (DM).

  • (I) Receive initial report
  • (I) Call TIXC
  • (I) Proceed only with Formal Written Complaint from Complainant (Title IX only). Note: Complainant may decline; TIXC may file on district's behalf.
  • (I) Enter case into TIX database on 20Net (Title IX Reporting)
  • (TIXC) Enter under school
  • (TIXC) Create Notice of Allegations (NOA) letters
  • (I) Email NOA and Parent/Student Rights to families; cc TIXC. Parent/Student Rights document.
  • (I) Conduct Supportive Measures meetings with student and parents; can coincide with NOA delivery.
  • (I) Email Supportive Measures details to TIXC, including meeting date, participants, and recommendations.
    • If a no contact measure is recommended, TIXC creates notices and orders; these must be signed and returned.
  • (TIXC) Create Supportive Measures letters
  • (I) Email Supportive Measures letters to families; cc TIXC
  • (I) Begin investigation: interview complainant, respondent, witnesses; document and upload all interviews under school.

    • Policy ACR3: Timeframe for Process. Generally, the timeframe from the commencement of investigation through the release of the written determination will not exceed 6 0 days, unless good cause is shown. If there is a need for a delay, the investigator or decision-maker will notify both parties in writing o f the delay and reason for it.

    • Note: these are school days

  • (I) Create detailed Findings Report with facts only; no opinions or student names; include staff names.
  • (I) Email draft Findings Report to TIXC for review
  • (TIXC) Send report (Title IX only) to parties for 10 business days to review and respond
  • (TIXC and I) Consider additional input or corrections; notify parties of changes
  • (TIXC) Send final report to Decision Maker for review and decision within 10 business days
  • (I) Email Investigation Report to families:
    • Title IX families have 10 business days to appeal (grounds: procedural error, new evidence, bias/conflict)
    • Do not implement disciplinary measures until appeal window closes, except emergency removal
    • If appeal filed, TIXC forwards information to Appeal Officer who has 10 business days to decide
  • (I) Provide status updates to both parties every 15 calendar days (Title IX only) until resolution

Overview of Forms

Formal Complaint (Title IX only)

  • 2020 regulations require a Formal Complaint for Title IX cases.
  • A Formal Complaint is a written document submitted by a complainant or signed by the Title IX Coordinator alleging sexual harassment or discrimination and requesting investigation.

Title IX Coordinator may file a Formal Complaint if the complainant declines, typically when:

  • There is sufficient evidence to warrant investigation based on allegations' nature.
  • It is necessary to ensure safety and well-being of complainant or others.

Formal Complaint Form under TIX documents.

TIX and AC Database Process

Once determined by TIXC, Investigator enters case into TIX/AC Database (Title IX and AC Discrimination Reporting).

Notice of Allegations (TIX and Discrimination)

  • Summarizes allegations from initial report.
  • Complainant and Respondent are named by TIXC in NOA; if multiple parties, numbered accordingly.
  • After initial naming, parties are referred to as Complainant and Respondent.
  • TIX creates NOA.
  • NOA and Parent/Student Rights are sent to parents by Investigator; TIXC is cc'd.
  • Investigation cannot start until parents receive NOA, Parent/Student Rights, and Supportive Measures.

Supportive Measures (TIX and AC)

Supportive measures are non-disciplinary, individualized services offered to complainant and respondent to ensure equal access to education and safety.

Goals of Supportive Measures:

  1. Prevent further harm or retaliation: Reduce risk of retaliation or additional harassment.
  2. Ensure equal access to education: Remove barriers to participation or benefits.
  3. Protect rights of all parties: Ensure a fair process for complainant and respondent.

Examples include No Contact Orders, counseling access, and administrative support.

Process:

  • Investigator meets individually with parties and parents to discuss supportive measures; meetings can be by phone.
  • Requests or recommendations for supportive measures may come from parents, school, or district; final implementation is by district.
  • Investigator emails TIXC with meeting date, attendees, and requested measures.
  • TIXC reviews and implements measures, creates letters, and emails them to Investigator.
  • Investigator emails letters to families and implements measures; cc TIXC.

Note: No Contact Orders are created by TIXC, emailed to Investigator, signed by all parties, and copies sent to TIXC and families.

Findings Report

  • No student names included; staff names included.
  • Allegations match NOA.
  • Supportive Measures: include meeting date and letter sent date.
  • Contact with Guardian: initial contact, rights and NOA sent, other interactions.
  • Investigation elements: statements from complainant, respondent, witnesses; factual chronology with dates.
  • Written statements transcribed exactly as submitted.

Investigation Process (Investigator Role)

Step 1: Overview

  • Gather and assess relevant evidence.
  • Remain neutral; collect facts only.
  • Be thorough.

Step 2: Plan investigation

  • Review complaint and NOA; understand scope, parties, dates, location, and jurisdiction.

Step 3: Create investigation plan

  • Identify interviewees: complainant, respondent, witnesses.
  • Identify evidence: videos, texts, etc.

Step 4: Prepare questions

  • Use open-ended, non-leading questions.
  • Tailor questions to interviewee.
  • Be prepared for follow-up questions and re-interviews.

Step 5: Interview complainant first

  • Explain process.
  • Allow them to tell their story.
  • Follow up with clarifying questions (who, what, where, why, when, how).
  • Ask about witnesses and evidence; collect accordingly.
  • Avoid questioning credibility.

Example questions:

  • Can you walk me through what happened that day from your perspective?
  • Did you tell anyone afterward? May I speak with them?

Step 6: Interview respondent second

  • Explain process.
  • Maintain consistent tone.
  • Allow them to tell their side.
  • Follow up with clarifying questions.
  • Ask about witnesses and evidence; collect accordingly.
  • Avoid questioning credibility.

Example questions:

  • Can you walk me through what happened that day from your perspective?
  • Did you tell anyone afterward? May I speak with them?

Step 7: Interview witnesses

  • Interview third-party witnesses (friends, staff).
  • Ask factual, not speculative, questions.
  • Document responses precisely; use statements if needed.

Step 8: Collect and analyze evidence

  • Gather texts, emails, screenshots, photos, social media posts, videos.
  • Evaluate relevance and authenticity.

Step 9: Draft Investigation Report under TIX documents.

Note: Do not include student names.

  • Allegations from NOA; note any changes during process.
  • Supportive Measures: include meeting and letter dates only.
  • Contact with parents/guardians: initial contact, Parent Rights and NOA sent, other contacts.
  • Investigation elements: statements from complainant, respondent, witnesses; factual summary; evidence summary.
  • Evidence listed under provider or in an "Evidence" section; avoid subjective language.
  • No findings or conclusions (Decision Maker completes these).
  • Send draft to TIXC for review. After approval, TIXC sends to parties for 10-day review (Title IX only). Parties may request relevant additions. Final report sent to DM for decision within 10 days.
  • DM completes findings and sanctions. Discipline cannot be administered until process and appeal window are complete, except emergency removal.

Investigation notes:

  • Allow breaks; let interviewees control pace.
  • Avoid implying blame or disbelief.
  • Do not dismiss evidence without review.

Investigator Training – Scenarios

Practice areas include:

  • Framing questions (example for discrimination cases):
    • You said "__________." Why did you say this?
    • Why did you say this to this specific individual? (intent and impact)
  • Maintaining neutrality.
  • Documenting responses in the Investigation Report.

Decision Maker Role

  • Determine responsibility: Was policy broken?
  • Remain neutral and free from bias or conflict of interest.

Decision Making Process

  • Review Investigation Report and evidence.
  • Request additional information if needed.
  • Focus on factual relevance to allegations.
  • Apply district's standard: preponderance of evidence.
  • Make objective factual findings.
  • Apply policy definitions to determine responsibility.
  • Consider all relevant evidence without bias.
  • Draft written determination including:
    • Findings
    • Conclusion and rationale for each allegation
    • Sanctions and remedies, if applicable

Decision Maker Findings Report

V. Findings of Investigation – Decision Maker

  • After careful review and using the preponderance of evidence standard, I conclude there is [sufficient or insufficient] evidence to support that [sexual discrimination, bullying, and/or harassment] occurred, and that the Respondent [is or is not] responsible.
  • If multiple allegations have different outcomes, explain which are supported.
  • Provide rationale and cite critical evidence for determination.

VI. Remedies and Discipline – Decision Maker

Who are Mandatory Reporters?

All school district employees are mandatory reporters regardless of role.

A mandatory reporter is legally obligated to report known or suspected child abuse or neglect. They form a safety net to protect children and youth. Colorado law (C.R.S. 19-3-304) specifies mandatory reporters.

(Added Aug. 14, 2025)

Additional Notes

  • Only trained points of contact may run the process.
  • Decision Maker must not be involved until receiving Findings Report.
  • Sanctions occur only after Findings process and appeal window (Title IX), except emergency removal.
  • Communicate with parents of interviewed students early to inform them of ongoing investigation.
  • Retrieve relevant video and text evidence promptly.
  • Mandatory Reporting: There is no exception to mandatory reporting. Counselors have confidentiality privileges in some contexts, but must report suspected abuse, neglect, discrimination, or Title IX violations immediately, regardless of student wishes.
  • Use appropriate templates for each situation (Title IX or Discrimination).

Related Pages