Education Law Notes  

Title IX Coordinators play a critical gatekeeping role in determining how complaints of sexual harassment are processed within educational institutions. Below are some key tips that were shared during Pullman & Comley’s March 2026 Title IX on the Nines webinar. 

The Title IX Definition of Sexual Harassment

Under the Title IX regulations, sexual harassment is defined as conduct on the basis of sex that satisfies one of the following criteria:

(1)       an employee conditioning the provision of an aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo);

(2)       unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies equal access to the institution's education program or activity; or

(3)       sexual assault, dating violence, domestic violence, or stalking.

Additionally, the conduct must occur in a program or activity over which the district or school exercises substantial control over both the respondent and the context, and it must occur against a person in the United States.

First Step - Determining Whether Title IX Applies

The first step when any allegation of sexual harassment is raised is for the Title IX Coordinator to determine whether the allegations, if believed, would fall within the scope of Title IX. If the answer is yes, the complaint must be processed as a Title IX complaint with all applicable due process protections. If the answer is no, the complaint should be processed under one of the educational institution’s other applicable policies.

Coordinators must also be aware that other policies may be implicated simultaneously. For student matters, these may include the school climate policy, other discrimination policies, non-discrimination disciplinary policies, mandated reporting statutes, etc.

Two Situations, Two Different Processes

It is important to distinguish between two scenarios. In the first, the district has knowledge of sexual harassment but no formal Title IX complaint has been filed. In this case, the district must take steps to eliminate the harassment and provide support to the alleged victim, but it cannot issue discipline to the alleged harasser under Title IX. In the second scenario, a parent, student or the Title IX Coordinator has filed a formal Title IX complaint requesting an investigation.  Only when a formal complaint has been filed may the district discipline the alleged harasser — and only if the harasser has been determined responsible for sexual harassment following completion of the grievance process.

When a Formal Complaint Is Filed

When a formal complaint is filed, the Title IX Coordinator once again serves as the gatekeeper who must determine whether the complaint should be processed under Title IX or dismissed. The Coordinator must also assess whether the complaint needs to be processed under another school and whether there is a safety risk that must be addressed.

The Coordinator's Authority to Sign a Formal Complaint

The Title IX Coordinator is the only individual empowered to sign a formal complaint without the complainant's permission. However, exercising this authority carries important consequences. When the Coordinator signs a complaint over the objection of the person being harassed, the alleged victim becomes the "Complainant" for purposes of the process and is entitled to all information regarding the investigation, even though they did not initiate the complaint. Likewise, the respondent must be given the name of the complainant and the allegations. Importantly, the complainant cannot be forced to participate in the investigation against their will.

Consequences of Not Signing. If the Coordinator elects not to sign a complaint, the harassment could continue, the alleged harasser cannot be disciplined under Title IX, and the alleged harasser could go on to harass others. The Coordinator should consider factors such as whether the alleged harassment is widespread or limited to a single student, its severity, and why the student does not want to file a formal complaint.

Deliberate Indifference Standard. Whether the Coordinator decides to sign or not to sign a complaint, that decision may later be reviewed under a "deliberate indifference" standard if an OCR complaint is filed. It is, therefore, essential to maintain a detailed record explaining why the decision was made, demonstrating that it was a well-thought-out determination.

Risk Assessment and Emergency Removal

Upon receipt of a formal complaint, the Title IX Coordinator should conduct an individualized risk assessment. This includes determining whether there is an immediate threat to the physical health or safety of any student or individual arising from the allegations that would justify removing the respondent from the school setting.  Any such removal, however, must comply with state and federal law including, for example, following the requirements of the Individuals With Disabilities Education Act and/or Section 504 of the Rehabilitation Act, if the student has an identified disability. 

Documentation Obligations

Thorough documentation is essential. At a minimum, the Title IX Coordinator must document the measures taken to restore or preserve equal access to the district's education program or activity. The documentation should be sufficient to demonstrate that the district's response was not deliberately indifferent. This includes documenting all supportive measures offered, which were accepted, any that were rejected by the complainant. If supportive measures were not provided, the reasons why should also be included.  It is also recommended that the Coordinator document that the Title IX process was explained to the family and that the Title IX policies and procedures were provided to them.

The Coordinator's Continuing Role

The Title IX Coordinator should maintain open communications with both parties during any investigation, checking in on the effectiveness of supportive measures, keeping parties apprised that the investigation is ongoing, and informing them of next steps.

Conclusion

The Title IX Coordinator's gatekeeping function is central to an institution's compliance with federal law. By carefully evaluating each complaint, exercising sound judgment regarding whether to sign complaints, issuing proper notices, conducting risk assessments, implementing supportive measures, and maintaining thorough documentation, Coordinators can help ensure that their institutions respond effectively and avoid findings of deliberate indifference.

Melinda B. Kaufmann leads a webinar on current hot topics and latest developments in Title IX on the 9th of every month at 9:00 a.m.  Learn more about the Title IX on the Nines Webinar Series here, and reach out to Melinda with any questions.