Be Proactive With Title VI and Title IX Investigations in Education

Colleges, universities, and other educational institutions have seen heightened scrutiny surrounding Title VI and Title IX policies recently. Review steps you can take to fulfill your obligations and help protect your organization.

What is happening with university investigations?

The Department of Education’s Office for Civil Rights issued press releases about recent investigations:

• March 10 — Announced letters were sent to 60 universities under investigation for antisemitic discrimination and harassment, warning of potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act
• March 14 — Announced Title VI investigations into 45 universities following allegations of racial preferences and stereotypes in education programs

These actions underscore the importance of having clear, documented policies aligned with current regulations. A proactive independent investigation could help your institution document and adhere to Title IX and Title VI policies.

Title VI investigations

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin. Consider conducting your own independent Title VI investigation for several reasons:

1. Upholding fairness and objectivity — Independent investigations help maintain impartiality so the findings are unbiased and based solely on evidence. This is particularly important in cases where allegations of racial discrimination or harassment are involved.
2. Protecting student rights — These investigations safeguard the rights of students by addressing complaints of discrimination and helping institutions take appropriate actions to prevent and remedy such issues.
3. Helping prevent fraud and mismanagement — A proactive independent review of current policies helps identify control weaknesses and strengthens the prevention of fraud and mismanagement of federal funds, protecting both the institution and its students.

Title IX investigations

Title IX of the Education Amendments of 1972 prohibit sex-based discrimination in any education program or activity receiving federal financial assistance. The Department of Education’s current interpretation of these rules emphasize protections based on biological sex and provide stronger due process protections for those involved in allegations.

Institutions must have clear, documented policies aligned with current regulations. Consider conducting your own independent Title IX investigation for several reasons:

1. Addressing sexual harassment and discrimination — Independent investigations help thoroughly examine and address sexual harassment and discrimination complaints, protecting the rights and well-being of students. 
2. Maintaining institutional integrity — Conducting proactive independent investigations demonstrate your commitment to upholding Title IX regulations and fostering a safe and respectful environment for all students.
3. Enhancing transparency — Independent investigations promote transparency when handling Title IX complaints, fostering a fair process and clear communication of outcomes to all parties involved.

Why is it important to document Title IX and Title VI policies?

These policies not only uphold federal regulations but also foster a safe environment of belonging for all students. Recent investigations highlight the significance of these policies. Documenting the institution's internal policies and procedures appropriately is important for several reasons.

Protecting student rights

Clear policies can help protect students from sexual harassment and discrimination, prioritizing their rights and well-being. This also fosters a supportive and nurturing environment that encourages academic and personal growth. Protecting student rights is fundamental to the mission of providing a safe and welcoming educational experience.

Promoting transparency and accountability

Policies promote accountability and provide a transparent framework for handling complaints, investigations, and resolutions. This framework helps stakeholders understand their rights and responsibilities and establishes clear expectations for their actions. Transparency and accountability within internal policies and procedures makes it easier for everyone to understand how decisions are made and what rules apply.

Maintaining financial aid compliance

Proper documentation can help your institution manage financial aid processes efficiently, comply with federal financial aid regulations, and respond to audits or reviews with confidence. Compliance with Title VI and IX policies is part of maintaining eligibility for federal funding.

What can colleges and universities do to prepare?

Take a proactive approach to help identify where you may need to update policies to identify potential risks and areas of vulnerability, which can also contribute to a broader culture of respect and equality on campus.

How CLA can help educational institutions

External investigators offer an impartial perspective on an institution's policies and procedures, identifying improvement areas that internal stakeholders may not recognize. An independent review can provide benchmarks against industry standards and best practices, thereby promoting greater efficiency and effectiveness. 

CLA’s education team continues to keep tabs on this topic. Our forensic professionals can provide a preliminary review of your documentation and help you prepare for a potential government investigation with confidence.

Contact us

Are your institution’s Title VI and Title IX policies compliant? Complete the form below to connect with CLA.