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Adoption Date: 1/10/2022
Policies - Policy Manual


9000 TITLE IX AND SEX DISCRIMINATION IN THE SCHOOL DISTRICT

The District will comply with Title IX of the Education Amendments Act of 1972: no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the District.

This policy outlines the required elements under the law for published grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by Title IX, and a grievance process that complies with federal regulations for formal complaints of violations of Title IX. 

This policy is to be read and implemented alongside other District policies covering discrimination, anti-harassment, and other sex-based misconduct that may not fall within the scope of this policy and/or Title IX.

The Superintendent of Schools is directed to develop regulations to implement this policy in accordance with the provisions of law and established Board policies and regulations.

Pertinent Definitions

For purposes of this policy and the implementing regulations, the District uses the following definitions:

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;

(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; 

(3) Sexual assault, meaning forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (FBI);

(4) Dating violence, meaning violence committed by a person – (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

(5) Domestic violence, meaning felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

(6) Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Supportive measures mean non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent, regardless of whether a formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.   The range of supportive measures offered by the District may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the school campus, and other similar measures.  

Title IX Coordinator: the District shall appoint one (1) or more Title IX Coordinators, who shall carry out the duties required of them under the law.

Response to Reports of Sexual Harassment

Any person may report sex discrimination.  Making a report of sexual harassment is not the same as filing a formal complaint of sexual harassment. Although the District must respond to all reports it receives of sexual harassment, the Title IX grievance process outlined in this policy is only initiated with the filing of a formal complaint. 

With or without a formal complaint, if the District has actual knowledge of sexual harassment in an education program or activity against a person in the United States, it must respond promptly in a manner that is clearly reasonable in light of the known circumstances.

The District must treat complainants and respondents equitably by offering supportive measures to a complainant, and by following a grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

The District’s appointed Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

Response to a Formal Complaint

In response to a formal complaint, the District will follow its grievance process as outlined in this policy and its implementing regulations.  General requirements for the grievance process are as follows.  The District will:

  1. Treat complainants and respondents equitably by providing remedies to a complainant when a determination of responsibility for sexual harassment has been made against the respondent.
  2. Treat complainants and respondents equitably by following the grievance process before the imposition of any disciplinary sanctions or actions that are not supportive measures against a respondent.
  3. Design any remedies to restore or preserve equal access to the District’s education program or activity.
  4. Require an objective evaluation of all relevant evidence.
  5. Provide that credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.
  6. Require that a Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal resolution process not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
  7. Ensure that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment under federal Title IX regulations, the scope of the District’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
  8. Ensure that decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, as set forth in federal regulations. 
  9. Ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
  10. Presume the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
  11. Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

In general, the grievance process consists of the following elements: (1) receipt of complaint; (2) notification to parties; (3) investigation; (4) disclosure of evidence; (5) receipt of statements from parties; (6) generation of the investigative report; (7) submissions of questions/answers from parties; (8) hearing OR determination regarding culpability; (9) appeals (if filed).

Receipt of Complaint

The filing of a formal complaint initiates the grievance process.  A formal complaint must be signed by the complainant, the complainant’s parent or legal guardian as appropriate, or the Title IX Coordinator.

Notification to Parties

When a formal complaint is filed, the Title IX Coordinator must send a written notice of allegations to all parties which includes the identities of all known parties.  Written notice must contain all elements required under the law.

Investigation: Disclosure of Evidence, Receipt of Statements from Parties, and Generation of Investigative Report

The District must investigate the allegations in a formal complaint.  When investigating a formal complaint and throughout the grievance process, the District must:

  1. Ensure the burden of proof and burden of gathering evidence sufficient to reach a determination regarding responsibility fall on the District, rather than the parties (provided that the District cannot access, consider, disclose, or otherwise use a party’s records that are made/maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for a grievance process.  If the party is not yet an eligible student under the Family Educational Rights and Privacy Act (FERPA), consent must be obtained from a parent or legal guardian.
  2. Provide an equal opportunity for the parties to present witnesses.
  3. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
  4. Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice (who may be an attorney), and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding (although restrictions may be established and equally imposed regarding the extent of the advisor’s participation).
  5. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
  6. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the District must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The District must make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination;
  7. Prior to the completion of the investigative report, provide the parties with at least ten (10) days to submit a written response following review of the evidence, which the investigator will consider; and
  8. Create an investigative report that fairly summarizes relevant evidence and, at least ten (10) days prior to a hearing (if a hearing is held) or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

Submissions of questions/answers from parties

With or without a hearing, after the District sends the investigative report to the parties but before making a determination, the decision-maker must provide each party the opportunity (1) to submit written, relevant questions that it wants asked of a party or witness, (2) provide each party with the answers, and (3) allow for additional, limited follow-up questions from each party.

Hearing or Determination regarding culpability

The District has a choice as to whether it will offer an informal resolution process and whether it will offer a hearing.  With or without a hearing, the decision-maker will render a determination regarding culpability to the parties.

Timing for Grievance Process

The District will strive to complete the grievance process and interim steps within reasonably prompt time frames.  These time frames will allow for a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

Estimated time frames for steps in the grievance process shall be included in regulations promulgated by the Superintendent.  Estimated time frames required to be published in District policy are outlined below.  Depending on the nature of the complaint or other circumstances, the listed time frames may be longer.

  1. For the conclusion of the grievance process: within sixty (60) calendar days after receipt of formal complaint.
  2. For filing appeals: within fifteen (15) school days of notice of determination.
  3. For the resolution of appeals: within twenty-five (25) school days of filing of appeal.
  4. For the informal resolution process, if offered: within thirty (30) school days (but within a reasonably prompt time frame, if not)

Standard of evidence

The standard of evidence to be used to determine responsibility is the preponderance of the evidence standard.  The District will apply the same standard of evidence for formal complaints against students as for formal complaints against employees, including faculty, and apply the same standard of evidence to all formal complaints of sexual harassment. 

Disciplinary sanctions and remedies

After a determination of responsibility, the range of possible disciplinary sanctions and remedies include any disciplinary outcome listed in the District’s Code of Conduct, including up to expulsion.

Appeals

Following a determination by the District, a complainant or respondent may appeal on the following bases, which must be identified in the appeal: (1) A procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and (3) the existence of a conflict of interest or bias for/against complainants or respondents generally or for/against the individual complainant or respondent held by the Title IX Coordinator, investigator, or decision-maker that affected the outcome of the matter.

Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Title IX Coordinator within fifteen (15) school days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations.

Upon receipt of an appeal, the District will:

a)      Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;

b)      Ensure that any decision-maker for the appeal:

1.      Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;

2.      Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;

c)      Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements after the parties have been notified of the appeal;

d)      Issue a written decision describing the result of the appeal and the rationale for the result; and

e)      Provide the written decision simultaneously to the Title IX Coordinator, the Superintendent, and all parties after receiving the parties’ written statements in support of, or challenging, the outcome.