Your Morning Boost - The Title IX Decision-Maker: Due Process and the Preponderance of the Evidence

Today, we tackle the most high-stakes administrative role in the Title IX process: the Decision-Maker. This role requires unwavering objectivity and a deep understanding of due process to ensure fairness for all. We unpack the critical K-12 standard of evidence—the preponderance of the evidence (more likely than not, or $>50\%$ likelihood)—and how your team must be trained to apply it objectively. We provide three procedural safeguards you must mandate to ensure legally sound and ethically responsible final determinations: mandatory training on the preponderance standard, a strict written rationale requirement detailing exactly how evidence led to the conclusion, and the strict exclusion of improper character evidence (unless directly relevant to motive or intent). Procedural rigor is the ultimate guarantee of fairness. Insisting on clear standards and detailed written rationales protects the due process rights of every person involved and builds a system rooted in integrity. Find out more about what we do: AWB Education - awbeducation.org Grundmeyer Leader Services - grundmeyerleadersearch.com Got a mailbag question?  Reach out to us at [e-mail]

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Episode Transcript

Speaker 1 (00:03):
Welcome to your Morning Boost, brought to you by AWB Education.
Here we amplify knowledge, widen reach, and broaden impact in education,
delivering your daily dose of professional development. This program is
sponsored by Grundmeyer Leader Services, where together we are transforming
education one leader at a time. Now get ready to

(00:25):
amplify your day with your Morning Boost.

Speaker 2 (00:31):
Hello and welcome back to your Morning Boost. You are
essential daily guide to impactful school leadership. We wish you
a happy day and a happy Wednesday. And today we're
tackling the most high stakes administrative role in the Title
nine process, that is the decision maker. This role requires
unwavering objectivity and a deep understanding of due process to

(00:55):
ensure fairness for all parties, regardless of the investigative findings.
Today we'll unpack the critical standard of evidence used in
K twelve settings, the preponderance of the evidence, and provide
three procedural safeguards you must mandate to ensure the final
determination is legally sound and ethically responsible. This clarity is

(01:15):
paramount for protecting the rights of all students, so let's
boost your knowledge on essential due process. The decision maker
acts as the final arbiter of fact tasked with reviewing
all relevant evidence gathered by the investigator and in issuing

(01:37):
a written determination regarding responsibility. Now, the most common standard
of evidence used in K twelve schools is this preponderance
of the evidence. This means the decision maker must determine
if it is quote more likely than not end quote,
which really is over fifty percent likelihood that the sex
based harassment or discrimination has occurred. This is a lower

(02:01):
standard than the beyond reasonable doubt that is used in
criminal courts, and it requires specific, focused training for your
administrative team. The decision maker must objectively evaluate all relevant evidence,
including both evidence that supports and evidence that contradicts the complaint,

(02:21):
before reaching their conclusion. To ensure this objectivity, your first
procedural safeguard should be mandatory training on that preponderance standard.
The decision maker must receive dedicated training to understand that
their role is not to simply validate the investigator's findings,
but the way the evidence presented objectively against that more

(02:43):
likely than not standard, consciously avoiding reliance on personal bias
or assumptions about the parties. Moving on from training, the
second critical safeguard is the written rationale requirement. The final
determination must be issued in right and contain the findings
of fact, conclusions regarding whether the policy was violated, the

(03:06):
specific disciplinary sanctions opposed if there are any, and the
clear rationale for the outcome. This detailed report forces the
decision maker to demonstrate exactly how the evidence led to
the conclusion, ensuring transparency. Finally, here in force the exclusion
of improper character evidence. Decision makers must be strictly trained

(03:30):
to disregard evidence related to prior sexual history or a
character unless it is directly relevant to the incident being examined,
such as the evidence used to show motive or maybe
intent of one of the parties. When doing so, we
are focusing only on the facts of the specific complaint,
and this preserves the integrity of the determination. Think of

(03:54):
a very powerful example in the written determination. If the
decision maker simply states the recons respondent is responsible because
the complainant was credible, the determination is pretty weak. It
should instead maybe state something like the respondent is responsible
because the witness's testimony corroborated by the text messages exhibit

(04:16):
See these demonstrate by a preponderance of the evidence that
the conduct occurred. As you can see that Procedural rigor
is what will define your commitment to equity. Here's a
powerful thought to take forward. While the decision maker role

(04:39):
carries immense responsibility, procedural justice is the ultimate guarantee of fairness.
When you insist on clear standards and detailed written rationales,
you are honoring the due process rights of every person involved.
That commitment to fairness, even in the most difficult situations,
is the true mark of exceptional leadership. You are building

(05:01):
a system rooted in integrity. Thanks for listening, everybody. We'll
be back again tomorrow with even more on title nine
on your Morning Boost. But until that time, have an
awesome day. We will talk with you again tomorrow.

Speaker 1 (05:19):
That concludes another episode of your Morning Boost. We hope
today's daily dose of professional development helps you amplify knowledge,
wide in reach and broaden impact. Your Morning Boost is
an awb education production brought to you with the generous
support of Grundmeier Leader Services. Join us again tomorrow for more.

(05:40):
Until then, keep boosting your impact.