Level THREE Escalated+ Intervention & Investigation Toolkit (for School-Based TIX Coordinators with district support)
updated 12.14.23
Some of the following materials are still in the feedback process and will be updated here as they become available.
At Level 3, pause after you’ve conducted your preliminary inquiry (you’ve gathered enough info to know this is a serious or ongoing incident). Consult with the district office and your Student Conduct Coordinator.
The following are OPTIONS for school-based coordinators when responding to persistent behaviors (haven't stopped with repeated intervention) or pervasive (impacting school climate) and/or a single severe incident under Title IX (sexual assault at school is automatically Level 4).
First, implement immediate safety and supportive measures
Purpose: Students who are harmed by a behavior or incident under Title IX have the right to interim supportive measures that are placed at school during a Title IX investigation and may also continue after the investigation concludes. The measures supplied by a school district in an educational setting are vastly different from measures taken by law enforcement in criminal proceedings. At Level 3, in most cases, a No Contact Order is appropriate.
Plan for the Investigation
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Determine who will lead the investigation. For Title IX, this will likely be the Title IX Compliance Manager with support from the School-Based Coordinator.
- Gather preliminary statements from all students involved; separate students (for sexual assault or harassment, use caution when gathering written statements)
- Note witnesses to interview and any evidence that is available for follow-up
Pause! Once you’ve conducted your preliminary inquiry (you’ve gathered enough info to know this is a serious or ongoing incident). Consult with the district office and your Student Conduct Coordinator. Note any students involved who have an IEP or 504. A Manifest Determination will be required before the disciplinary hearing. Consult with Special Education or your School Psychologist for more info.
Begin the Investigation
- Send notice to all parties- complainant; respondent
- Investigator’s Handbook (step-by-step guide for all Level 3–4 incidents)
- Investigation step-by-step infographic
- Report, Inquiry, Investigation FAQ (in-progress)
Interviews and Evidence Gathering
Determine who should be in the room when you speak to students (always conduct interviews of all named students separately). Allow the student to identify an adviser or other trusted adult to attend & provide support (school counselor, social worker, advocate, parent, etc). Interview the student(s) who reported or was targeted first (complainant), followed by witnesses, and lastly, the student who caused harm (respondent).
- Explain the importance of confidentiality & not sharing what happens with other peers;
- Explain that you want to know only what the student directly witnessed (what they saw, and heard) to avoid rumors, speculation, or gossip
- Conduct a neutral, experienced-based interview to gather facts of what occurred
- Ask broad, open-ended questions; avoid preconceived conclusions
- Create a rough outline of questions: focus on the points of divergence (where the stories differ) or other questions based on the preliminary statements gathered; plan to ascertain whether this is an isolated or repeated behavior and note the impact on any involved student’s access to their education.
- Do not promise confidentiality but assure privacy and care for the student’s educational record. Learn more about FERPA & investigations here.
- Note any available evidence (texts, DM’s, photos, video, etc.); create a plan for how you will gather this info.
Next Steps and Closure
Decision-point: once the facts are gathered, convene the team (including the district office and conduct coordinator and decide on commensurate discipline using the PPS Behavior Matrix. In some cases, further exclusionary discipline will not be necessary (beyond a school-based suspension, for example). In other cases, a referral to a neutral body of decision-makers (Hearings Officer) is warranted.
For Title IX there are two options for resolution:
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TIX/TVI non-disciplinary panel of decision-makers: results in a formal letter from the district Title IX Office along with recommendations of intervention to be applied by the school or IEP team; no discipline can be applied at this level, however, if the decision-makers request that a case be escalated to an expulsion hearing, the hearing will end.
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Title IX disciplinary (expulsion) hearing: a specific disciplinary procedure led by trained Title IX/IV decision-makers (PPS Hearings Officers) and supported by the district office. It helps to share this FAQ with families prior to the disciplinary hearing so they know what to expect on the day of. A Title IX expulsion hearing is very similar to other expulsion hearings - with the following notable exceptions: 1) hearings are always virtual; 2) two hearing officers come to a determination (rather than one); 3) the impacted student is offered the opportunity to share an impact statement (ahead of time) that is read into the record during the live (recorded) hearing; and 4) the impacted student receives an outcome letter that highlights the decision (substantiated, unsubstantiated, etc.) and information directly related to their ongoing safety and support while at school (ex: no contact order is extended, safety plan in place, etc.). Title IX and discipline hearings FAQ for families
Regardless of whether exclusionary discipline is applied, the final step should include opportunities to apply interventions or education that address the root cause of the behavior as well as a plan for accountability and closure