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Sharing Title IX Investigation Reports with the Parties and FERPA


Chronological Thread 
  • From: "Carla Kupe-Arion" <>
  • To: <>
  • Subject: Sharing Title IX Investigation Reports with the Parties and FERPA
  • Date: Fri, 23 Feb 2018 07:46:31 -0600
  • Authentication-results: fort02.mail.virginia.edu; spf=pass (virginia.edu: domain of designates 209.85.223.182 as permitted sender)

Bonjour tout le monde!

 

I am in the process of restructuring our Title IX policies and procedures and a question arose. If we decide that, at the completion of the investigation, the report is shared with both the Complainant and Respondent before a final draft is submitted to our complaint resolution processing department, would that run afoul with FERPA? The report would contain summaries of all interviews (meaning the Complainant’s, the Respondent’s, and witnesses’), my analysis, (possibly, a credibility assessment analysis), and my recommended finding. The question of a possible FEPRA violation came up in regards to the names or other identifiers of the witnesses.  And, the second question to that would be, IF there are no FERPA concerns in a Title IX context, would there be any for a non-Title IX complaint (i.e non-sexual harassment). Merci d’avance! (Sorry to those of you who will see this message more than once)

 

 

Warmest regards,

 

Carla Madeleine Kupe-Arion

Associate General Counsel &

Title IX Coordinator

Office of Labor & Legal Affairs

9501 S.King Drive, ADM 318

Chicago, IL 60628

(773) 995-3582

 

 




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