Rationale Writing Workshop for Decision-Makers and Investigators

Access expert knowledge on how to compose complex rationales.

The 2020 Title IX regulations require Decision-makers to provide “a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility [and] any disciplinary sanctions the recipient imposes on the respondent” for all final determinations and appeal determinations. Thorough rationales are also expected for decisions related to dismissing an allegation or complaint and implementing an emergency removal. As a result, rationales are under more scrutiny than ever, and it is now easier to litigate against a college or school’s stated rationale because all the reasoning and analysis is now laid bare for all participants to see and scrutinize. Institution, school, or district leaders must ask themselves whether their Investigators and Decision-makers are ready to write clear, defensible rationales. Writing clear, logical, detailed rationales is a valuable skill that will yield significant benefits and help Title IX processes overcome significant scrutiny by litigious attorneys and parties.

This half-day workshop is fully engaging and hands-on for Decision-makers and Investigators. Rationales are a part of the investigation report, as well as a required component of the hearing and appeal outcome letter. This rationale includes an analysis of all the facts considered, policy application, a credibility assessment, application of the standard of proof, finding, final determination, elaboration of sanctions, and the reasons therefor.

Understanding your rationale is one thing – reducing it to writing is another. An Investigator or Decision-maker may be able to identify credibility concerns – but how to explain why one party has credibility over the other?

This workshop is a hands-on clinic focused on supporting attendees developing proficiency at rationale writing, using a fascinating new ATIXA case study to train your brain on this particular skill. There will be brief classroom instruction, a discussion of the case study, a break to write your draft, and then selective (anonymous) sharing of the drafts with the group for review and feedback by the instructor and participants. All participants will also receive a copy of ATIXA’s model rationale for the case.

Please note, Workshops do not offer certifications or digital badges. Attendees will earn re-certifying credits toward any currently held Certifications. Please click here to view our Continuing Certification Credits (CCC) FAQs.