Interviewing Neurodivergent Witnesses in Title IX Investigations
Interviews are the heart of a Title IX investigation—and the backgrounds and experiences of the people who sit across from you will vary widely. Some of those individuals may be neurodivergent. Understanding how neurological differences affect witness interviews is essential to conducting a fair and thorough investigation.
Key Terms
Before diving in, it helps to establish a shared vocabulary:
Neurodiversity – A nonmedical umbrella term that recognizes neurological differences among people.
Neurotypical – A descriptive term for individuals whose brains process information in a way considered typical for their age.
Neurodivergent – A descriptive term for individuals whose brains process information in a way that is not typical for their age.
Common conditions associated with neurodivergent brain functioning include autism spectrum conditions, attention-deficit disorders, dyslexia, dysgraphia, and dyspraxia.
Why It Matters
Neurodivergent witnesses may communicate, process information, or engage differently than neurotypical individuals. However, these differences do not reflect the quality or reliability of their accounts. Without awareness of how neurodivergence can manifest in an interview setting, investigators risk misreading neutral behaviors, making flawed credibility assessments, and ultimately compromising the integrity of the investigation.
Being attuned to neurodiversity helps investigators:
Avoid misinterpreting neurological behaviors as indicators of deception or uncooperativeness
Create conditions that allow witnesses to provide more complete and reliable information
Ensure neurodivergent participants receive the same quality of process as neurotypical participants
What You Might Observe
Some behaviors you may notice during an interview with a neurodivergent witness include:
Speaking in a non-linear way or struggling to provide a chronological narrative
Avoiding or limiting eye contact
Pausing for a long period before responding to questions
Speaking in a flat or “atypical” tone of voice
In virtual interviews, appearing distracted by their own image on the screen
Accommodations and Best Practices
Some neurodivergent witnesses may benefit from accommodations or adjustments that make the interview more accessible and help elicit more complete, reliable information. Consider the following:
Advance notice: Provide clear information about the interview process ahead of time so the witness can prepare.
Communication adjustments: Use plain, direct language. Ask one question at a time, and avoid multi-part questions. Allow adequate time for the witness to process and respond. Do not require a strictly chronological account if the witness naturally recalls events in a different order.
Questioning format: Consider allowing written responses as an alternative or supplement to a verbal interview, consistent with your institution’s policies.
Environment: Minimize sensory distractions, allow flexible seating, and offer breaks as needed. If a witness appears sensitive to seeing their own image on screen during a virtual interview, let them know they may turn off their camera.
Confirmation of understanding: Confirm questions have been understood before moving on, and invite the witness to ask for clarification.
Support persons: Allow a support person to be present, consistent with your institution's policies.
Conclusion
Conducting a fair Title IX investigation means accounting for the full range of human experiences, including neurological differences. By approaching interviews with awareness, flexibility, and the appropriate accommodations, investigators can ensure that neurodivergent witnesses and parties receive a process that is both fair and effective.
