Balancing Fairness and Empathy: The Dual Role of a Title IX Investigator

Jeffrey Lamoureaux
5 min readNov 19, 2024

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One of the most complex and challenging aspects of being a Title IX investigator is navigating the delicate balance between fairness and empathy. Every case we handle involves real people, each carrying their own stories, emotions, and pain. It’s our responsibility to remain impartial and ensure that both the complainant and the respondent are treated equitably. At the same time, we have to be deeply aware of the emotional weight these cases carry, offering a level of care and understanding that recognizes the human side of our work. Balancing these two elements isn’t easy, but it’s what makes this role so vital and meaningful.

The Importance of Fairness

First and foremost, Title IX investigations must be fair. Our primary duty is to conduct impartial investigations that adhere to the law and institutional policies. This means collecting evidence, interviewing witnesses, and assessing credibility without any preconceived notions. Everyone involved has the right to a fair process, and as investigators, we cannot let our personal feelings or biases sway our judgment.

I’ve seen how the absence of fairness can erode trust in the process. If either party feels that they’re not being heard or that the investigator is taking sides, it undermines the entire purpose of Title IX. This is why I’ve made it a point to prioritize transparency and consistency in my work. People need to know that, regardless of the outcome, they were given a fair chance. They deserve to understand why certain decisions were made and to feel that the process respected their rights.

In my experience, fairness also means being meticulous. It’s not enough to just gather evidence; we need to scrutinize every detail, ask the right questions, and ensure that we’re getting a full picture of what happened. Sometimes this can be exhausting, but I remind myself that a thorough investigation is the cornerstone of fairness. It’s about being accountable and upholding the principles of justice.

The Role of Empathy

While fairness is our guiding principle, empathy is what makes us effective at our jobs. People often come to Title IX offices at their most vulnerable. They may be dealing with trauma, fear, or anxiety about the investigation. As investigators, it’s essential to acknowledge these feelings and provide a supportive environment where individuals feel safe to share their experiences.

Empathy doesn’t mean taking sides; it means recognizing and validating the emotions that people are experiencing. It’s about listening intently, without judgment, and being sensitive to the needs of each individual. Whether I’m interviewing someone who has experienced trauma or someone who feels wrongly accused, I approach the conversation with compassion and respect. This isn’t just about making the person feel better — it’s about creating a space where people can be open and honest, which ultimately leads to a more accurate investigation.

I’ve learned that empathy can be expressed in small ways: offering a moment of silence when someone is emotional, letting people take breaks if they’re feeling overwhelmed, or simply saying, “I understand this is difficult, and I’m here to listen.” These gestures might seem insignificant, but they can make a world of difference to someone who is struggling.

The Tension Between Fairness and Empathy

Balancing fairness and empathy is where things get tricky. On one hand, our role demands objectivity. We can’t let our feelings influence the outcome of a case. On the other hand, ignoring the emotional context would make us robotic and ineffective at understanding the full picture. The challenge lies in holding space for both: being deeply human while also being rigorously impartial.

There have been times when this balance has been tested. I remember working on a case where both parties had compelling, heartfelt stories. Each side had experienced pain and felt wronged, and it was emotionally draining to know that the outcome would profoundly affect both of their lives. In those moments, I remind myself of the importance of process and procedure. I focus on the evidence and let that guide my decision-making, but I don’t shut off my empathy. Instead, I use it to inform how I interact with the parties, how I explain my decisions, and how I offer resources for support.

Strategies for Balancing Fairness and Empathy

Over the years, I’ve developed some strategies to help maintain this balance. One of the most effective is practicing active listening. When I’m fully present and engaged, it helps me understand the nuances of someone’s story without losing sight of my role as an impartial investigator. It’s about giving people the respect they deserve while still being mindful of the boundaries I need to maintain.

Another strategy is self-reflection. After particularly emotional interviews or challenging cases, I take time to reflect on my actions and decisions. Did I remain impartial? Did I show enough empathy? Self-assessment allows me to continuously improve and hold myself accountable.

Lastly, seeking peer support is invaluable. Discussing difficult cases with fellow investigators (while respecting confidentiality) helps me gain different perspectives and reassess my approach. It’s a reminder that we’re not alone in this work and that we can learn from one another.

Why This Balance Matters

Balancing fairness and empathy isn’t just about doing a good job — it’s about honoring the human impact of Title IX cases. People’s lives and well-being are on the line, and our actions as investigators can have lasting consequences. By striving for both fairness and empathy, we create a process that is not only just but also humane. We build trust in the system and give people the respect they deserve, even in the most difficult circumstances.

For me, this work is personal. My background in law enforcement taught me the importance of both upholding the law and understanding the emotional toll of trauma. Today, as a Title IX investigator, I carry those lessons with me, knowing that every interaction is an opportunity to make a positive difference in someone’s life.

Conclusion

Balancing fairness and empathy is a constant challenge, but it’s what makes Title IX investigations so impactful. It requires vigilance, compassion, and a commitment to doing what’s right, even when it’s hard. As investigators, we have the privilege and the responsibility to ensure that every case is handled with the utmost integrity and care. It’s a dual role that’s never easy, but it’s one that I embrace every day, knowing that it can make a meaningful difference in the lives of those we serve.

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Jeffrey Lamoureaux
Jeffrey Lamoureaux

Written by Jeffrey Lamoureaux

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I’m Jeffrey Lamoureaux from California, with 24+ years in law enforcement and civil rights compliance, now leading CIXE Investigations.

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