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.

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