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ATIXA OPEN Center

ATIXA announces the OCR OPEN Center Response Repository. ATIXA will update responses from the OCR OPEN Center as we receive them. Responses are listed in order of date starting with most recent. You may also search responses by topic areas at the top of the page. The OCR OPEN Center Blog responses are also linked below the Question/Answer section. If you have received a response from the OPEN Center and would like to add it to this repository, please email info@atixa.org.

Search for OPEN Center questions and answers.

Who Can Be the Decision-Maker

Do the Title IX regulations specify who can and cannot serve as a recipient’s decision-maker?

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Investigator Recommendations in Reports

May the investigator make recommendations in the investigative report?

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Is Investigator Testimony Allowed?

Can the investigator testify, either voluntarily or in response to a question from a party or from the decision-maker, about the investigator’s report or recommendations, at a Title IX grievance process hearing?

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Notice of Sexual Assault and Signing Formal Complaint

If a complainant reports or discloses information that puts a recipient on notice of alleged sexual assault, should the Title IX Coordinator sign a formal complaint?

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Title IX Coordinator as an Informal Resolution Facilitator

Assuming that the Title IX Coordinator is free of any conflict of interest or bias, is the Title IX Coordinator permitted to serve as an Informal Resolution Facilitator?

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Title IX Coordinator as a Non-Decision Making Personnel

Can a Title IX Coordinator serve as a non-decision-making procedural facilitator during the live hearing?

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Title IX Coordinator as Investigator

Can a Title IX Coordinator also serve as an investigator?

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Role of the Title IX Coordinator

Do the Title IX regulations specify who can and cannot serve as a recipient’s Title IX Coordinator?

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Elementary and Secondary School Proceedings: Requirement of Formal Complaint

Are all of the written notifications and opportunities for parties to provide feedback during an investigation of a formal complaint, outlined in 34 C.F.R. § 106.45, required for both elementary and secondary schools, and postsecondary institutions? If not, what Title IX grievance process requirements differ for elementary and secondary schools?

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Elementary and Secondary School Proceedings: Different Process Than Higher Ed?

Do the provisions in the Title IX regulations regarding a complainant’s prior sexual history and sexual predisposition apply at both the elementary and secondary school and postsecondary levels?

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