Who
Anyone can file a Title IX complaint, whether you’re associated with the instituion or not. You do not need to be the victim of the alleged discrimination. You can do this process on your own, or find a legal reprsentation for help*.
*Advocacy group Know Your IX recommends the latter, and listed advice on their site from activists and survivors on finding an attroney).
What institution procedures should be in place?
Each school must publish a policy of against sex discrimination, must have a Title IX Coodrinator, publish their grievance procedure outlining the complaint, investigation, and disciplinary process, and promptly respond to complaints. Read More
When
Within 180 days of the ocurrance of the reported incident. If you choose to file a case internally within the institution, but then also wished to file a case at the OCR, he complaint must be filed with OCR within 60 days after completion of the institutional grievance process.
How
You can file an internal complaint at your institution, or an Office of Civil Rights complaint directly to the Department of Education. You are not required to have gone through the internal process to file a OCR complaint. In other instances, lawsuits have also been filed, but this can only be filed by the affected person.
What does a typcial process look like?
Filing internally (Here's an example from New York University):
Source: NYU Title IX information
Filing at OCR:
Source: Celene Reynolds, The Mobilization of Title IX across U.S. Colleges and Universities, 1994-2014, Social Problems, Volume 66, Issue 2, May 2019, Pages 245–273, https://doi.org/10.1093/socpro/spy005
Here are some examples of court cases/OCR investigations to illustrate the types of institutional mishandling around Title IX:
- Not following Title IX requirements, e.g. having a Title IX coordinator in placed, promptly responding to cases, informing parties of investigation outcome
OCR Docket #05-15-1178 and #05-17-1062 View Case - Use of an “early resolution process” instead of conducting a formal investigation
Karasek v. Regents of the Univ. of Cal., Case No. 15-cv-03717-WHO (N.D. Cal. Jul. 28, 2016) View Case - Systemic coverup or oversight
The People of the State of California v. 01 George Raymond Tyndall (DOB: 01/06/1947), Case No. BA478951 View Case
Fig. 1 Sample Thought Process
The process of filing a case is never as clean or linear as a flowchart appears, but hopefully this can bring some clarity within a very complex and stressful procedure.