Overview:

Title IX and the U.S. Department of Education Office for Civil Rights requires that colleges and universities receiving a complaint, or otherwise learning of alleged harassment campus, investigate in a timely manner and take appropriate corrective action to end the harassment and prevent the misconduct from recurring.

That’s a tall order to ensure a just and fair handling of a harassment complaint - an essential order that campuses are required to follow. The investigation process is, perhaps, the most critical element in dealing with harassment. In cases that have gone to court it is often due to inadequate or absent investigations of complaints.

While there is no such legal requirement for instances of bullying (in which the definition varies widely), it is at the organization’s peril to not investigate bullying complaints. It is possible that an incident of “bullying” may be motivated by the target’s protected class and constitute illegal discrimination or harassment.

The courts have opined that workplaces, which includes colleges and universities, must prevent and intervene on harassment complaints. Not only is investigating a prevention and intervention tactic, but the Title IX Coordinator or HR professional tasked with conducting an investigation should be trained in how to do so-this also demonstrates prevention.

Even if you have been doing investigations for years - if you have never been trained, how do you know if you are conducting them correctly to prevent liability, determine the accuracy of the complaint, corroborate evidence, determine credibility, and form an opinion? This program will cover the intricacies of conducting a harassment investigation.

Areas Covered in the Session:

• To identify what needs to be documented regarding credibility of each witness, the target, and the accused
• To determine credibility of each interview and to document
• How to draw conclusions and document
• To include the critical elements of the investigative report
• To include the most frequently missing elements from reports
• To determine and document in the report the required follow-up actions
• To discuss Zoom investigations

Who Will Benefit:

• Title IX Coordinators
• Human Resources Professionals