Title IX reporting is the foundation of creating a safe and equitable educational environment. Every K-12 school, college, and university must demonstrate a clear and transparent reporting process for their communities. A straightforward reporting process enables schools to successfully connect its members to Title IX policy, education, and resources. If reporting becomes buried or unclear, Title IX professionals can unknowingly create a distrusting environment, general confusion about Title IX, and ultimately fall short in connecting people to necessary support.
Understanding Title IX Reporting
Title IX reporting enables individuals to disclose incidents of sex discrimination to designated authorities in an educational institution. Reports should alert Title IX teams to address and prevent further incidents of discrimination. If the reporting process is not properly followed, however, schools risk failing to address potentially dangerous behavior, submitting inaccurate compliance data, and creating community doubt in its ability to address incidents.
Current federal law defines two types of reporters within an educational institution: Required Reporters and Confidential Employees. Understanding the difference between these two types of employees and clearly communicating these differences is a critical component of any school’s Title IX process.
Required Reporters
Required Reporters must report incidents of sex discrimination to the Title IX Coordinator or other designated officials. In K-12 schools, all employees typically fall into this category, including teachers, administrators, and support staff. In higher education, required reporters often include faculty members, coaches, and administrative staff. Required reporters must share reports with the Title IX Coordinator, so they may respond accordingly.
Confidential Employees
Confidential Employees may receive reports but are not required to report these incidents to the Title IX Coordinator. Confidential employees typically include mental health counselors, health service providers, clergy, and anyone trained as a victim advocate. Confidential employees support and offer resources to individuals without triggering an official investigation. Confidential employees are paramount to promoting a safe and informed educational environment, especially for students hesitant to engage in a Title IX process.
Best Practices for Title IX Reporting
Clear Policy Communication and Training
Required Reporters and Confidential Employees cannot successfully execute their roles without clear education on school policy and overall Title IX definitions and law. Institutions should ensure that Title IX policies are clearly communicated to all members of the community, including students, parents, faculty, and staff. This training should include defining the roles of required reporters and confidential employees and providing detailed information on how and where to file a report. Training should occur promptly in the fall semester and cover handling reports with sensitivity and confidentiality, ensuring that victims feel supported throughout the process.
Accessible Reporting Channels
Institutions should offer multiple, easily accessible reporting channels. These channels can include in-person reporting, online forms, hotlines, or designated email addresses. Providing anonymous reporting options can also encourage individuals to more comfortably provide information.
Prompt and Equitable Response
It’s crucial that the institution responds promptly and equitably once it receives a report. This response includes conducting a fair and impartial investigation, providing interim measures to protect the parties involved, and ensuring a timely resolution process. Without prompt and equitable responding, members of an educational institution can lose trust in the school and may cease making Title IX reports altogether.
Supportive Measures
Whether or not a formal complaint is filed, schools must offer supportive measures to students, such as counseling services, academic accommodations, or changes in housing or work assignments. These measures should be designed to preserve access to the institution’s education, programs, and activities for all involved parties.
How We Can Help
If you seek assistance in streamlining your school’s Title IX reporting process, training in reporting, or auditing your current policy, we can help.
For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].