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Trauma-Informed Title IX Investigations

Of all the necessary skills Title IX Coordinators possess, understanding trauma is arguably the most important. Traumatic experiences, especially those involving sexual misconduct, impact involved parties in unique, sensitive, and complex ways. Title IX professionals need not be trauma experts but should understand how trauma manifests and use this knowledge in investigations, especially for preparing interviews, maintaining neutrality, and assessing credibility.

What does it mean to be trauma-informed?

Trauma-informed care (TIC) is a framework that addresses the trauma’s widespread impact and how it can appear in individuals. TIC’s goal is to:

  • recognize signs of trauma in individuals.
  • integrate knowledge of trauma into policies, procedures, and practices.
  • actively avoid re-traumatization.

Understanding trauma, especially in Title IX investigations, can be particularly layered and complex.

Trauma-informed care in Title IX

Title IX professionals must prioritize conducting neutral investigations while also treating parties with compassion, dignity, and respect. A trauma-informed investigator understands that anyone involved in reports of sexual misconduct likely struggles to discuss and process their experience.

Trauma-informed investigations do not presume that an allegation is true, excuse inconsistencies, or favor one party over another. Instead, they recognize that people respond to stressful experiences differently and emphasize respectful communication, thoughtful questioning, and fair evidence-based decision-making.

Tips for trauma-informed investigations

It’s common for trauma survivors to feel a loss of control after experiencing a traumatic event, so allowing the complainant opportunities to assert control is essential to capture their experience. Encouraging party control often most naturally occurs during investigative interviews. 

This can look like:

  • asking the party for their scheduling preference for an interview.
  • allowing the party the choice for an in-person or virtual interview. If in-person, encourage the party to sit where they are most comfortable.
  • encouraging the party to utilize an advocate or support person.
  • describing the purpose of the interview including the investigator’s role, confidentiality, and any applicable procedures.
  • welcoming the party to take a break whenever needed.
  • telling the party to take their time in answering a question.
  • reassuring the party that it’s okay if they are unable to remember a fact or detail.
  • explaining why sensitive questions are necessary.
  • reminding the party that you are a neutral investigator and that you are not accusing, judging, or interrogating them.
  • allowing the party to ask questions about the process before beginning the interview.
  • Permitting the party so submit additional information or evidence later if applicable.

Other trauma-informed practices include:

  • allowing the party to choose the next steps of an investigation if appropriate, such as pursuing informal resolution, supportive measures, or filing a formal complaint.
  • remembering that the process is often confusing to parties. Be patient and transparent in explaining next steps, and repeat these details often.
  • refraining from making assumptions about a party’s trauma or how it manifests in an investigation. 
How We Can Help

As education professionals stay informed of all federal updates and prepare for their impact, TIXC can help keep your schools compliant. For general up-to-date information and how it affects you and your institution, join us for TIXC Thursdays on the first Thursday of every month. For more information about our consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.