Is it permissible for a school district to designate a third party as an investigator in Title IX cases?

• A. No
• B. Yes
• C. Never
• D. Only for certain cases

Answer: (B)

Allowing a school district to appoint a third-party investigator is permissible and common because it supports a neutral, thorough fact-finding process. An external investigator can bring independence, specialized training, and the capacity to handle cases without potential internal conflicts, which helps ensure fairness. The investigator's role is to gather evidence, interview the parties and witnesses, review relevant documents, and produce a findings report. The final determination on how to resolve the case is made by the district’s decision-maker, using the investigator’s report as the factual basis. As long as the process remains fair, consistent with policy, and protects confidentiality and non-retaliation, using a third-party investigator aligns with Title IX requirements. Some districts may use internal staff, but permitting third-party investigators is allowed.