Last Updated on September 10, 2026 by Adrienne Mathis
The beginning of the academic year often brings new complaints and investigations. This is an important time for Title IX Coordinators to ensure investigators are adequately trained on the investigative steps required under Title IX, best practices, and their institution’s specific policies.
Title IX Coordinators can help prepare their teams by making themselves available throughout an investigation and taking time early in the term to walk through how a case may unfold, brainstorm issues investigators may encounter, and set expectations for when to seek guidance.
Comprehensive Title IX investigator training provides an essential foundation, but even well-trained investigators may encounter situations that require judgment. Providing support beyond formal training helps investigators make sound judgment calls as they work through real issues in real time.
1. When the Complaint and Notice of Allegations Raise Questions
Commonly, the first information an investigator will receive on a new matter will be the Complaint and the Notice of Allegations (NOA). Training will have taught the investigator to use these documents, in tandem with institutional policy, to guide the creation of an investigative plan.
At this early stage, however, the investigator may feel that the NOA does not align with the Complaint or that the NOA is overly broad or vague. The investigator may need to determine whether they can work with the existing documents or whether it is appropriate to raise the concern with the Coordinator and discuss the possibility of issuing a revised NOA.
An investigator, particularly a newly hired investigator, may not feel comfortable raising the issue with the Title IX Coordinator, who typically drafted the NOA. Setting the expectation early that investigators should raise concerns can help establish a working relationship in which they feel comfortable having these conversations.
2. Navigating Early Communication with Complainants and Respondents
In accordance with their training, investigators know to make contact with the parties soon after receiving a new matter. For a newly trained or newly hired investigator, however, the interpretation of “soon after” may not be as straightforward as it seems. Without experience, an investigator may assume they should first fully work through the Complaint and NOA and create a thorough investigative plan before contacting the parties.
Best practice is to contact the parties promptly after receiving the matter. Particularly when a party has an advisor, it may take time just to agree upon a meeting time. The investigator can use that time to fully prepare the investigation plan and interview approach. This can help keep the investigation timely from the start.
An investigator may also think they only need to reach out to the complainant at this stage because the respondent’s interview will often occur after the complainant’s and sometimes witness interviews. But the respondent has already received the NOA and may be just as anxious about the process as the complainant.
To support an equitable process, investigators should consider sending nearly identical introductory emails to both parties. Each email can introduce the investigator and set expectations, such as the cadence of communication the parties can expect throughout the process. The respondent’s email can indicate that the investigator will be in touch to schedule their interview, while the complainant’s email can also include several blocks of time from which to select an interview time. This simple step can help both parties feel informed and supported from the beginning.
3. Responding to Unexpected Issues During Title IX Investigation Interviews
It is quite common for unexpected issues to arise in the middle of an interview. An investigator may learn that:
- The complainant has spoken with law enforcement about the allegations.
- The conduct is alleged to have occurred outside an education program or activity, or other information raises questions about whether the allegations fall under Title IX.
- The complainant reports new allegations that were not included in the Complaint or NOA.
- Additional complainants or respondents were involved in the incident or incidents.
- The allegations intersect with non-Title IX institutional policies.
- An advisor is a percipient witness to the facts alleged, meaning they have firsthand knowledge of relevant events.
- An advisor is unwilling to meet in a timely manner or respond to emails, repeatedly interrupts an interview, or is combative.
These are only a handful of the unexpected situations investigators may encounter in the early stages of a case, and additional issues and judgment calls are likely throughout the lifecycle of an investigation. Title IX Coordinators can help prepare their teams through ongoing communication about institutional approaches and by providing timely guidance when questions arise.
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Please Note: The information provided in this article is for educational purposes only and is not intended to be legal advice. We recommend seeking independent legal advice concerning the issues presented in evaluating a particular incident.
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Together, they work through investigation planning, communications, interviews, evidence gathering, report development, and the complexities and decisions that arise throughout the investigation.
