Relevance Determinations for Title IX Investigators

This guide outlines the processes and considerations for Title IX investigators to ensure that relevance determinations are legally sound, trauma-informed, and compliant with policy. It begins by defining the role of the investigator, emphasizing the importance of sorting and documenting evidence appropriately. The guide explains the Federal Rule of Evidence 401 test for relevant evidence, detailing how evidence must make a fact more or less probable and be of consequence in determining the action. It provides examples of relevant and directly related evidence, emphasizing the need for a broad view of evidence gathered during investigations. The document also discusses the importance of applying relevance standards consistently, assessing credibility and reliability, and avoiding prohibited evidence. Additionally, it highlights the significance of using trauma-informed practices to ensure a fair investigation. The guide concludes with a reminder of the investigator's role in gathering evidence impartially and the necessity of considering authenticity and relevance throughout the investigation process.