How does alcohol or drug use affect Title IX investigations?

• A. It automatically excludes evidence from consideration.
• B. It can affect credibility and context; investigators assess evidence while considering safety and policy.
• C. It has no impact on the investigation.
• D. It requires immediate suspension for all involved.

Answer: (B)

Alcohol or drug use is relevant because impairment can influence how statements are remembered, understood, and presented. Investigators weigh credibility and context carefully, recognizing that intoxication may affect memory, perception, or voluntary actions, and they consider how this fits with other evidence. At the same time, they ensure safety and comply with policy, using all available information to assess what happened, rather than discarding evidence solely because someone was intoxicated.

Evidence isn’t automatically excluded because of impairment, and it’s not accurate to say there’s no impact or that everyone involved must be suspended. Investigators take a balanced approach, looking for corroborating details, timelines, and other data to determine credibility and safety needs, while applying interim measures as appropriate to protect everyone involved.