This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment and gender discrimination in furtherance of the District's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equity.
The Board of Education shall appoint a Title IX Compliance Officer at its annual reorganization meeting, or as needed during the year.
Any student or employee who believes that he or she has been subjected to sexual harassment or gender discrimination may report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.
A student (or his/her parent/guardian) who believes that the student has been subjected to sexual harassment or gender discrimination by another student should immediately contact the Site-Level Complaint Manager. A student, who believes that he/she has been subjected to sexual harassment or gender discrimination by a staff member, should immediately contact the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state and local entities.
An employee who believes that he/she has been subjected to sexual harassment or gender discrimination or who becomes aware of a possible incident of sexual harassment or gender discrimination may immediately consult with their immediate supervisor, the Building Principal, the Superintendent of Schools or the Title IX Compliance Officer.
All complaints of sexual harassment or gender discrimination must be forwarded, in writing, to the Title IX Compliance Officer appointed by the Board of Education. Each complaint of sexual harassment should be put in writing by the individual complaining or the person who receives the complaint, and will be signed by the person complaining.
Regardless of the provisions of the preceding paragraph, alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.
The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.
Any school district employee who is consulted with regard to a possible incident of or complaint of sexual harassment or gender discrimination shall:
1. provide a copy of the Board’s Sexual Harassment Policy and Regulations to the complainant;
2. promptly report the complaint or inquiry to the Site-level Complaint Manager and/or the Title IX Compliance Officer;
3. maintain the complainant’s privacy regarding the complaint and only communicate information regarding the complaint on a need-to-know basis; and
4. NOT attempt to provide any advice to the complainant, except to tell a student complainant to consult with his/her parents/guardian.
Any staff member who fails to report a possible incident or complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any collectively negotiated agreement.
Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process. Retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation is prohibited. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.
Investigation of a Complaint
The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her. The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them. In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.
Upon receipt of a complaint, the Site-level Complaint Manager shall:
1. Conduct a preliminary investigation to determine whether to proceed personally or to designate or request a different investigator.
2. Discuss the above actions with the Title IX Compliance Officer, unless he/she is the subject of the complaint, in which case the Site-level Complaint Manager should consult with the Superintendent.
3. Report the incident to the police and/or to the other appropriate authorities if the behavior constitutes or may constitute a crime.
4. Ensure that any investigation is commenced promptly after receipt of the complaint and concluded without unreasonable delay, as determined at the discretion of the Title IX Compliance Officer.
5. Document the complaint and all actions taken in writing, regardless of how informally it is resolved, and forward the written documentation to the Title IX Compliance Officer.
If, after consultation, the Site-level Complaint Manager determines that a more formal investigation is warranted, any investigation must adhere to the following:
1. A formal investigation may be conducted by a trained Site-level Complaint Manager, the Title IX Compliance officer, or an outside investigator hired by the District.
2. During the investigation, the investigator must protect the confidentiality of the complainant, the victim, the accused and all witnesses to the extent practicable and limit distribution of information about the complaint and investigation on a need-to-know basis. The investigator shall inform all parties of the need for confidentiality.
3. The investigator must immediately notify the parent(s)/guardian(s) of any child involved in the complaint, other than witnesses, that an investigation is taking place, the nature of the complaint and the nature of the child’s involvement.
4. The investigator must conduct a thorough, prompt and impartial investigation.
5. The investigator must seek out relevant documents.
6. The investigator must interview, to the extent they are willing to be interviewed, all identifiable witnesses, including the accused, the victim, the complainant, and those witnesses whose identity is made known to the investigator during the investigation. Witnesses are limited to those persons reasonably expected to have information relevant and necessary to the investigation of the alleged incident of harassment or discrimination.
7. The investigator must keep accurate documentation and records.
8. The complainant, victim and accused may bring their attorney or union representative (if applicable) to any meetings, and children may also be accompanied by their parent(s)/guardian(s).
9. The investigator must notify the accused that he/she is the subject of a complaint and that an investigation is being conducted, unless notification of the accused would endanger the complainant or other individual, or impede the investigation.
As soon as possible upon completion of any investigation, the investigator shall issue a written factual report containing:
1. A summary of the complaint and findings;
2. In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.
3. A determination of whether or not the behavior is a violation of one or more District policies or regulations or whether the evidence is inconclusive; and
4. Recommended action, if any.
The investigative information shall be kept on file by the Title IX Compliance Officer, so designated by the Superintendent to maintain such files, including:
1. Copies of all related written documents, including the summary report;
2. Copies of any handwritten notes taken during the investigation and interviews; and
3. Any further written details deemed by the investigator to be informative or useful to a better understanding of his/her findings.
A record of any disciplinary action taken as a result of the investigation will be placed in the employee’s or the student’s file with the opportunity to respond.
The Superintendent (or President of the Board of Education, if the Superintendent is the subject of the investigation) shall review the summary report and shall determine whether or not formal disciplinary action is needed. Formal discipline of students or staff shall be in accordance with law, district policy and any applicable collectively negotiated agreement.
If the results of the District’s investigation indicate that sexual harassment, gender discrimination or other inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.
It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur. Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.
If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.
The victim (or his/her parents/guardian if a minor) and/or the accused may appeal the findings and/or recommendations of the investigation, as contained in the summary report, subject to the following guidelines:
1. The appeal must be in writing.
2. The appeal must be made by the accused or the alleged victim within 30 calendar days from the date of receipt of the results of the investigation.
3. The appeal must be made to the Board of Education, who shall review all relevant information within 30 calendar days of the date of the filing of the appeal.
4. The determination of the Board is final insofar as the District policy is concerned.
District Training and Distribution of Policy
The Superintendent shall implement specific and continuing actions to notify students, parents/guardians, employees and prospective students and employees that the District does not discriminate on the basis of gender in the educational programs or activities that it operates, as required by Title IX. Such actions may include, but are not limited to:
1. annual publication in local newspapers and/or school district publications;
2. announcements in school sponsored publications; and
3. memoranda or other written communications distributed to students and employees.
The Superintendent shall provide for student and staff training in accordance with the
District’s Sexual Harassment policy.
The Superintendent shall ensure that all students, parents/guardians and staff are informed of the name, office address and office telephone numbers of the Title IX Compliance Officer, and that such information is posted conspicuously and updated, as needed.
The District’s Sexual Harassment policy shall always be distributed with a copy of the applicable regulations.