Marcus Whitman CSD does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX of the Education Amendments of 1972.

Notice of Non-Discrimination

As required by 2024 amendments to the Title IX regulations, Marcus Whitman CSD will provide a notice of nondiscrimination to students; parents, guardians, or other authorized legal representatives of elementary school and secondary school students; employees; applicants for admission and employment; and all unions and professional organizations holding collective bargaining or professional agreements with the District. The District’s notice will be as follows:

Marcus Whitman CSD does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including in admission and employment. Inquiries about Title IX may be referred to Marcus Whitman CSD’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. Marcus Whitman CSD’s Title IX Coordinator is Christopher Wickham, Business Administrator, 4100 Baldwin Road Rushville, NY  14544, cwickham@mwscs.org, 585-554-4848. Contact information for OCR is available here: https://ocrcas.ed.gov/contact-ocr.

Marcus Whitman CSD’s nondiscrimination policy and grievance procedures can be located on school website: http://policy.mwcsd.org/ .

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to http://policy.mwcsd.org/ .

This notice will be place on the District’s website and in each handbook, catalog, announcement, bulletin, and application form that it makes available to people entitled to notice, or which are otherwise used in connection with the recruitment of students or employees.

If necessary, due to the format or size of any publication (like a job application), the District may instead include in those publications the information covered in the following statement:

Marcus Whitman CSD prohibits sex discrimination in any education program or activity that it operates. Individuals may report concerns or questions to the Title IX Coordinator. The notice of nondiscrimination is located at https://mwcsd.org.

 

Grievance Procedures for Complaints of Sex Discrimination

 

Marcus Whitman CSD has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

Complaints:

 

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that Marcus Whitman CSD investigate and make a determination about alleged discrimination under Title IX:

 

• A “complainant,” which includes: a student or employee of Marcus Whitman CSD who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or a person other than a student or employee of Marcus Whitman CSD who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Marcus Whitman CSD’s education program or activity;

 

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

 

• Marcus Whitman CSD’s Title IX Coordinator, in accordance with the applicable law and regulations.

 

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

 

• Any student or employee Marcus Whitman CSD; or

 

• Any person other than a student or employee who was participating or attempting to participate in Marcus Whitman CSD’s education program or activity at the time of the alleged sex discrimination.

 

Basic Premises and Requirements of Title IX Grievance Procedures:

 

Marcus Whitman CSD will treat complainants and respondents equitably.

 

Marcus Whitman CSD requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

 

Marcus Whitman CSD presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

 

Marcus Whitman CSD has established the following timeframes for the major stages of the grievance procedures:

• evaluation (i.e., the decision whether to dismiss or investigate a complaint) – within 10 days;
• investigation – within 30 days of evaluation;
• determination – within 20 days of investigation; and
• appeal – within 10 days of the determination.

Please note that these timeframes are only guidelines and may change due to the complexity of an investigation, New York State law requirements for sexual harassment in the workplace, disciplinary procedures for students under New York State Education law and the discipline of staff under applicable laws, and collective bargaining agreements).  Marcus Whitman CSD allows for the reasonable extension of these timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.

Marcus Whitman CSD will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

Marcus Whitman CSD will objectively evaluate all evidence that is relevant and not otherwise impermissible — including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Marcus Whitman CSD to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:  1) Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality; 2) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Marcus Whitman CSD obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and 3) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

 

Notice of Allegations:

 

Upon initiation of Marcus Whitman CSD’s Title IX grievance procedures, Marcus Whitman CSD will notify the parties of the following:

 

• Marcus Whitman CSD’s Title IX grievance procedures and any informal resolution process;

 

• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);

 

• Retaliation is prohibited; and

 

• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

 

If, in the course of an investigation, Marcus Whitman CSD decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, Marcus Whitman CSD will notify the parties of the additional allegations.

Dismissal of a Complaint:

 

Marcus Whitman CSD may dismiss a complaint of sex discrimination if:

 

• It is unable to identify the respondent after taking reasonable steps to do so;

 

• The respondent is not participating in Marcus Whitman CSD’s education program or activity and is not employed by Marcus Whitman CSD;

 

• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and Marcus Whitman CSD determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or

 

• Marcus Whitman CSD determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Marcus Whitman CSD will make reasonable efforts to clarify the allegations with the complainant.

 

Upon dismissal, Marcus Whitman CSD will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Marcus Whitman CSD will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

 

Marcus Whitman CSD will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then Marcus Whitman CSD will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

 

• Procedural irregularity that would change the outcome;

 

• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

 

• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

 

If the dismissal is appealed, Marcus Whitman CSD will:

 

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

 

• Implement appeal procedures equally for the parties;

 

• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

 

• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;

 

• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

 

• Notify the parties of the result of the appeal and the rationale for the result.

 

When a complaint is dismissed, Marcus Whitman CSD will, at a minimum: 1) Offer supportive measures to the complainant as appropriate; 2) If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and 3) Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Marcus Whitman CSD’s education program or activity.

 

Investigation:

 

Marcus Whitman CSD will provide for adequate, reliable, and impartial investigation of complaints.

 

Marcus Whitman CSD will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

Marcus Whitman CSD will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Marcus Whitman CSD will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

 

• Marcus Whitman CSD will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence.;

 

• Marcus Whitman CSD will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

 

• Marcus Whitman CSD will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.

 

Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

 

Questioning the Parties and Witnesses:

 

Marcus Whitman CSD will provide a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. Both complaint officers will be present during the investigation process.  Complaint officers will , as circumstances allow, meet with and question witnesses in person (or via videoconferencing platform) to permit the decisionmaker to observe both the verbal and non-verbal cues indicating the witnesses veracity.

 

Determination Whether Sex Discrimination Occurred:

 

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Marcus Whitman CSD will:

 

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under this standard that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

 

• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;

 

• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

 

• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

 

• Coordinate the provision and implementation of remedies to a complainant and other people Marcus Whitman CSD identifies as having had equal access to Marcus Whitman CSD’s education program or activity limited or denied by sex discrimination;

 

• Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

 

• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Marcus Whitman CSD’s education program or activity.

 

• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

 

• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

 

Appeal of Determinations:

 

Complainants have an opportunity to appeal a dismissal of a complaint on the bases outlined in the Dismissal of a Complaint section above. The appeal process is the same as the District offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.

 

Informal Resolution:

 

In lieu of resolving a complaint through Marcus Whitman CSD’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Marcus Whitman CSD does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.

Supportive Measures:

 

Marcus Whitman CSD will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to Marcus Whitman CSD’s education program or activity or provide support during Marcus Whitman CSD’s Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include but not limited to change of placement, altered schedule, etc.

Disciplinary Sanctions and Remedies:

 

Following a determination that sex-based harassment occurred, Marcus Whitman CSD may impose disciplinary sanctions, which may include but not limited to training, change in placement, etc.  Marcus Whitman CSD may also provide remedies, which may include but not limited to additional supervision or mentoring, training, etc.