Title IX Training
Westlake City School District
October 26, 2026
Agenda
Title IX of the Education Amendments Act of 1972:
What is it?
Title IX prohibits discrimination on the basis of sex in any education program that receives federal funds.
Educational Programs and Activities
• Includes athletics/extra-curriculars, recruitment, admissions, employment, and funding.
• Covers instruction, outreach programs, and activities on school grounds.
• Includes off-school grounds activities under certain circumstances.
Enforcement
• Complaints can be filed with the U.S. Department of Education's Office for Civil Rights (OCR).
• Enforcement can also occur through litigation in federal court.
3
Could be — investigate
Investigating Student Conduct
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Investigate | Close Out (Likely) |
A female teacher texts only male students about topics unrelated to school, and often arranges to see male students outside of school by going to their place of employment or athletic events | A teacher is consistently strict, impatient, or critical with all students regardless of sex |
A middle school student repeatedly sends sexually explicit messages to a classmate after being told to stop, causing the classmate to avoid school activities or seek schedule changes. | A male student and a female student argue during class and the male student calls the female student a b-word one time |
A student intentionally touches another student's buttocks, breasts, or other intimate body parts without consent during a school event. | A student bumps into a classmate and inadvertently touches the student’s breasts |
A group of students repeatedly make sexual comments about a classmate's body in the hallway and online, causing the student to stop participating in class or extracurricular activities. | A five-year-old removes a shirt on the bus because she is hot |
Meeting the Definition of Sexual Harassment:
Investigate or Close it Out?
Due process basics
Burden of Proof: totality of the circumstances, established by the District
Equitable treatment: both parties must be treated the same throughout the process with equal opportunities to present and review evidence
Training: staff members must be trained for their respective roles
Timeline: reasonably prompt
Written notice: interviews, meetings, time, location, participants and purpose at least 1 day prior
A note about:�Retaliation
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What is and What is Not �Retaliation
How to Respond to Retaliation
Running an Effective Investigation
Conducting investigatory interviews
Before the interview
During the interview
Interview questions: broad to narrow
Broad
Open with wide, narrative prompts — “Tell me what happened that day.”
›
Narrower
Move to specifics without leading — where, when, and what the witness saw.
›
Pointed
Save the most direct, yes-or-no questions for last.
STAY FAIR AND TRAUMA-AWARE
Don’t rely on assumptions or stereotypes, mind your tone, and adjust for age and sensitivity to trauma. Take notes and follow up on new information as it surfaces.
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Interview Questions
Include questions that illustrate credibility
01
02
Don’t make assumptions and don’t rely on stereotypes; remain impartial
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Be conscious of your tone and choose your words wisely
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Ensure that questions are adjusted for age appropriateness and sensitivity to trauma
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Take notes while the witness is speaking and adjust your subsequent questions to follow-up on new and/or unexpected information
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Ask for documentation of evidence discovered during the interview
A trauma-informed approach
Trauma affects how people remember and recount events, so memory gaps, confusion, or hesitancy to report are common — and do not by themselves signal a lack of credibility.
Understand trauma responses
Trauma can surface as forgetfulness, confusion, or delayed reporting. Don’t assume that missing the “expected” indicators means nothing happened.
Interview with care
Choose words carefully, use policy terminology, be mindful of labels like “victim,” and take care to avoid retraumatizing the person.
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Evidentiary Review and Response Period
Evidence Review
All parties have 10 days to review all evidence and submit written response
Response
Investigator considers all of the evidence, determines whether additional investigation is necessary, and if not, prepares the written investigation report
Prepare investigation Report
Investigation Report
Duties of the Decision-Maker
Afford the parties the opportunity to submit written, relevant questions to ask of the other party or any witness
Provide each party the answers, with the ability to submit limited follow-up questions
Evaluate all evidence, the investigation report, written responses, and responses to questions
Applying the preponderance of the evidence standard (51% rule), prepare a written determination
Appeals
Must offer
Other reasons, so long as it is equally provided to both parties
May offer
Ultimate disciplinary sanction or remedial measure
Do NOT offer
Record Retention
A Note About AI:
What does that mean for your Title IX Process?
Confidentiality concerns
Increased criticism for each step of the process
Participants will instantly prepare very lengthy responses to everything
It will result in excessive document requests
It will feed the parties inaccurate information about the process that you will need to correct
AI-Generated Sexually Explicit Images
“Deepfakes” or “Nudification”
It’s a problem
Scenario No. 1
A high school principal receives a report that a 10th-grade student used an artificial intelligence application to create a realistic-looking video depicting another student engaging in sexual conduct. The video is not authentic, but it uses the student's face and likeness. The creator shared the video with several classmates through social media, and it quickly spread throughout the school. The targeted student reports feeling humiliated, stops attending certain classes, and withdraws from extracurricular activities because of the attention and comments from peers.
Scenario No. 2
Several fourth-grade students report that a student on the afternoon bus repeatedly makes comments about classmates' bodies and has been asking other students to rate which classmates are "pretty" or "not pretty." One student also reports that the student attempted to take photographs of classmates on the bus without permission. The conduct allegedly occurred over several weeks and has caused multiple students to avoid sitting near the student and become reluctant to ride the bus.
THANK YOU
Questions?