OCEAN GATE BOARD OF EDUCATION                                  FILE CODE:  2224.1

TITLE IX – SEX-BASED DISCRIMINATION

State and federal statutes and regulations prohibit school districts from discriminatory practices in employment or educational opportunity against any person by reason of race, color, national origin, ancestry, age, sex, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership status, familial status, liability for service in the Armed Forces of the United States, nationality, atypical hereditary cellular or blood trait of any individual, genetic information, or refusal to submit to a genetic test or make the results of a genetic test known, pregnancy in employment or in educational opportunities. Further state and federal protection is extended on account of disabilities, social or economic status, pregnancy, childbirth, pregnancy-related disabilities, actual or potential parenthood, or family status.

Title IX Coordinator, Grievance Procedures and Notifications

The board in consultation with the chief school administrator shall appoint at least one employee to coordinate its efforts to comply with its responsibilities under Title IX. The appointed employee shall be referred to as the “Title IX Coordinator.”

The chief school administrator or his or her designee shall notify applicants for employment, students, applicants to charter schools and other public schools accepting applications for attendance (i.e. vocational schools and specialty high schools), parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district, of the name or title, office address, electronic mail address, and telephone number of the employee(s) designated as the Title IX Coordinator pursuant to this paragraph.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

The contact information required to be listed for the Title IX Coordinator and this board policy shall be prominently display on the district website and in the parent/student handbook, the employee handbooks and catalogs published by the district. The board shall not use or distribute any publication stating that the board treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by Title IX and its related regulations.

The chief school administrator or his or her designee shall notify applicants for employment, students, parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district:

A. Of this policy and the grievance procedures and grievance process; and

B. That the district does not discriminate on the basis of sex in the education program or activity that it operates, and that it is required by Title IX and its related regulations not to discriminate in such a manner.                 Such notification shall state that the requirement not to discriminate in the education program or activity extends to admission and employment, and that inquiries about the application of Title IX may be referred           to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education (referred to as the “Assistant Secretary”), or both.

The Title IX coordinator with the chief school administrator shall develop and the board shall adopt grievance procedures. The grievance procedures shall be published with the policy and shall provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by Title IX and its related regulations, and a grievance process for formal complaints.

The chief school administrator or his or her designee shall notify applicants for employment, students, applicants to charter schools and other public schools accepting applications for attendance (i.e. vocational schools and specialty high schools), parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district, of the grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the district will respond. This shall only apply to sex discrimination occurring against a person in the United States.

The Title IX coordinator(s) shall be responsible for coordinating the district’s efforts to comply with its responsibilities under this part, which includes, but may not be limited to, the implementation of the grievance procedures, this policy and accompanying regulations for complying with Title IX. The chief school administrator or his or her designee shall notify all its applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district of the name or title, office address electronic mail address, and telephone number of the employee or employees appointed to coordinate the implementation of this policy and accompanying regulations.

General

The board of education is committed to ensuring that 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, including but not limited to:

A. Education programs or activities;

B. Comparable facilities;

C. Access to classes and schools;

D. Classes and extracurricular activities;

E. Schools;

F. Access to institutions of vocational education;

G. Counseling and use of appraisal and counseling materials;

H. Financial assistance;

I. Employment assistance to students;

J. Health and insurance benefits and services;

K. Athletics (any interscholastic, club or intramural athletics offered by the district, and the district shall not provide any such athletics separately on the basis of sex).

Nothing in this board policy and regulation and Title IX shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or curricular materials.

Education Programs or Activities – Specific Prohibitions

The board of education is committed to ensuring that 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.

In providing any aid, benefit, or service to a student, the school community including but not limited to district employees, officers, volunteers, students or contracted service provider, shall not, on the basis of sex:

A. Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;

B. Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;

C. Deny any person any such aid, benefit, or service;

D. Subject any person to separate or different rules of behavior, sanctions, or other treatment;

E. Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in- state fees and tuition;

F. Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to                students or employees;

G. Otherwise limit any person in the enjoyment of any right, privilege, advantage, or

Comparable Facilities

The district may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.

Access to Classes and Schools

Except as may be permitted by Title IX and its related regulations, the district shall not provide or otherwise carry out any of its education programs or activities separately on the basis of sex, or require or refuse to let a student participate on the basis of sex including:

A. Contact sports in physical education classes

Students may be separated by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of              which involves bodily contact.

B. Ability grouping in physical education classes

Students may be separated in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

If use of a single standard of measuring skill or progress in physical education classes has an adverse effect on members of one sex, the recipient shall use appropriate standards that do not have that effect.

C. Human sexuality classes

Classes or portions of classes at the elementary and secondary level that deal primarily with human sexuality may be conducted in separate sessions for boys and girls.

D. Choruses

The chief school administrator or his or her designee may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.

Classes and Extracurricular Activities

A. A nonvocational district may provide nonvocational single-sex classes or extracurricular activities, if:

1. Each single-sex class or extracurricular activity is based on the district’s important objective:

a. To improve the educational achievement of its students by providing diverse educational opportunities. The board may approve each single-sex class or extracurricular activity only when the chief school                          administrator has demonstrated that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective; or

b. To meet the particular, identified educational needs of its students, provided that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective;

2. The objective is implemented in an evenhanded manner;

3. The student enrollment in a single-sex class or extracurricular activity is completely voluntary; and

4. The district provides to all other students, including students of the excluded sex, a substantially equal coeducational class or extracurricular activity in the same subject or

B. Single-sex class or extracurricular activity for the excluded sex

The district, when providing a single-sex class or extracurricular activity, may be required in compliance with law to provide a substantially equal single-sex class or extracurricular activity for students of the                    excluded sex.

C. Substantially equal factors

Factors the United States Department of Education will consider, either individually or in the aggregate as appropriate, in determining whether classes or extracurricular activities are substantially equal include,             but are not limited to, the following: the policies and criteria of admission, the educational benefits provided, including the quality, range, and content of curriculum and other services and the quality and                         availability of books, instructional materials, and technology, the qualifications of faculty and staff, geographic accessibility, the quality, accessibility, and availability of facilities and resources provided to the class,           and intangible features, such as reputation of faculty.

D. Periodic

The chief school administrator or his/her/their designee shall conduct periodic evaluations to ensure that single-sex classes or extracurricular activities are based upon genuine justifications and do not rely on               overly broad generalizations about the different talents, capacities, or preferences of either sex and that any single-sex classes or extracurricular activities are substantially related to the achievement of the                   important objective for the classes or extracurricular activities. Evaluations shall be conducted at least every two years.

E. Scope of coverage

The provisions of section, “Classes and Extracurricular Activities” (A through D) apply to classes and extracurricular activities provided by the district directly or through another entity. The provisions of this                     section, “Classes and Extracurricular Activities” (A through D), do not apply to interscholastic, club, or intramural athletics.

Schools

A. Definition

For the purposes of this section, the term “school” includes a “school within a school,” which means an administratively separate school located within another school.

B. As a general standard, a recipient that operates a public nonvocational elementary or secondary school that excludes any students from admission, on the basis of sex, must provide students of the excluded               sex a substantially equal single-sex school or coeducational school;

C. A nonvocational public charter school that is a single-school local educational agency may be operated as a single-sex charter school without regard to the general standard requirements of this section;

D. Substantially equal factors

Factors the United States Department of Education will consider, either individually or in the aggregate as appropriate, in determining whether schools are substantially equal include, but are not limited to, the following: The policies and criteria of admission, the educational benefits provided, including the quality, range, and content of curriculum and other services and the quality and availability of books, instructional materials, and technology, the quality and range of extracurricular offerings, the qualifications of faculty and staff, geographic accessibility, the quality, accessibility, and availability of facilities and resources, and intangible features, such as reputation of faculty.

Access to Institutions of Vocational Education

The district shall not, on the basis of sex, exclude any person from admission to any institution of vocational education operated by the district.

Counseling

The district shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission.

The district shall not use different testing or other materials for appraising or counseling students on the basis of their sex or use materials which permit or require different treatment of students on the basis of sex unless such different materials cover the same occupations and interest areas and the use of such different materials is shown to be essential to eliminate sex bias. The chief school administrator or his or her designee shall develop and use internal procedures for ensuring that such materials do not discriminate on the basis of sex.

Where the use of a counseling test or other instrument results in a substantially disproportionate number of members of one sex in any particular course of study or classification, the district shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination in the instrument or its application.

When the district finds that a particular class contains a substantially disproportionate number of individuals of one sex, the district shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination on the basis of sex in counseling or appraisal materials or by counselors.

Financial Assistance

A. Except as provided in paragraphs (B) and (C) of this section, in providing financial assistance to any of its students, a district shall not:

1. On the basis of sex, provide different amount or types of financial assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate;

2. Through solicitation, listing, approval, provision of facilities or other services, assist any foundation, trust, agency, organization, or person which provides assistance to any of the district students in a manner which discriminates on the basis of sex; or

3. Apply any rule or assist in application of any rule concerning eligibility for such assistance, which treats persons of one sex differently from persons of the other sex with regard to marital or parental status.

4. Financial aid established by certain legal.

B. When financial aid is established by certain legal instruments:

1. The district may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government which requires that awards be made to members of a particular sex specified therein; provided, that the overall effect of the award of such sex- restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex;

2. To ensure nondiscriminatory awards of assistance as required in paragraph (B)(1) of this section, the district shall develop and use procedures under which:

a. Students are selected for award of financial assistance on the basis of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex;

b. An appropriate sex-restricted scholarship, fellowship, or other form of financial assistance is allocated to each student selected under paragraph (B)(2)(a) of this section; and

c. No student is denied the award for which he or she was selected under paragraph (B)(2)(a) of this section because of the absence of a scholarship, fellowship, or other form of financial assistance                                   designated for a member of that student’s sex.

C. Athletic scholarships

1. To the extent that the district awards athletic scholarships or grants-in-aid, it must provide reasonable opportunities for such awards for members of each sex in proportion to the number of students of each sex participating in interscholastic athletics;

2. Separate athletic scholarships or grants-in-aid for members of each sex may be provided as part of separate athletic teams for members of each sex as permitted by

Marital or Parental Status and Pregnancy

The District shall not apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.

A. The district shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy,                      childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient;

B. The district may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all                           students for other physical or emotional conditions requiring the attention of a physician;

C. The district may operate a portion of its education program or activity separately for pregnant students. Admittance to this separate program shall be completely voluntary on the part of the student as provided

and the district shall ensure that the separate portion is comparable to that offered to non-pregnant students;

D. The district shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to            any medical or hospital benefit, service, plan or policy which the district administers, operates, offers, or participates in with respect to students admitted to the district educational programs or activities;

E. The district shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically                         necessary by the student’s physician. At the conclusion of the leave, the student shall be reinstated to the status which she held when the leave

Sexual Harassment

Definitions

“Education program or activity” includes locations, events, or circumstances over which the district exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“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.

“Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the district’s Title IX Coordinator or any district official who has the authority to institute corrective measures on behalf of the district, or to any employee of an elementary and secondary school, other than the respondent. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in § 106.8(a).

“Exculpatory evidence” means evidence tending to exonerate the accused or helps to establish their innocence.

“Inculpatory” evidence means evidence tending to incriminate the accused or indicate their guilt.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging Title IX sexual harassment and requesting that the district investigate the allegation. The authority for the Title IX Coordinator to sign a formal complaint does not make the Title IX Coordinator the complainant or other party during the grievance process. The phrase “document filed by a complainant” refers to a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

“Retaliation” shall mean actions including, but not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or its related regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX and its related regulations. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes retaliation. The following actions shall not constitute retaliation:

A. An individual exercising free speech under the rights protected by the First Amendment;

B. Charging an individual under the district’s code of conduct for making a materially false statement in bad faith in the course of a grievance proceeding under this policy. The fact that the charges of discrimination           were unfounded or unsubstantiated shall not be the sole reason to conclude that any party made a materially false statement in bad “Supportive measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures shall be designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but shall not be limited to:

A. Counseling;

B. Extensions of deadlines or other course-related adjustments;

C. Modifications of work or class schedules;

D. Campus escort services;

E. Mutual restrictions on contact between the parties;

F. Changes in work locations or school of attendance;

G. Leaves of absence;

H. Increased security, and;

I. Monitoring of certain areas of the campus;

J. Referral to domestic violence or rape crisis programs;

K. Referral to community health resources including counseling

Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an individualized education program (IEP) or Section 504 service agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or functional behavioral assessment (FBA), in accordance with applicable law, regulations and board policy 6171.4 Special Education.

“Title IX sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

A. A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct;

B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or activity;

C. Sexual assault, dating violence, domestic violence or stalking:

1. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:

a. Length of relationship

b. Type of relationship;

c. Frequency of interaction between the persons involved in the relationship.

2. Domestic violence includes 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 federal funding, 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;

3. Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

4. Stalking under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to either:

a. Fear for their safety or the safety of others; or

b. Suffer substantial emotional

Such conduct must have taken place during a district education program or activity and against a person in the United States to qualify as sexual harassment subject to Title IX regulations. An education program or activity includes the locations, events or circumstances over which the district exercises substantial control over both the respondent and the context in which the harassment occurs.

Response to Sexual Harassment

A. General

Any person with actual knowledge of sexual harassment in an education program or activity of this district against a person in the United States, shall respond promptly in a manner that is not deliberately indifferent. A district is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.

The Title IX Coordinator shall treat complainants and respondents equitably by offering supportive measures to a complainant, and by following the grievance process (see 2224.1 Regulation) before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in this policy against a respondent. The Title IX Coordinator shall 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.

In responding to allegations of harassment, the district’s response must not be deliberately indifferent to the allegations. Moreover, the response may not infringe on any Constitutional rights protected under the First, Fifth, or Fourteenth Amendments. Responses that do infringe Constitutional rights may themselves be deemed deliberately indifferent.

B. Response to a formal complaint:

In response to a formal complaint, the district shall follow the grievance process (see 2224.1 Regulation). With or without a formal complaint, the district shall respond promptly in a manner that is not deliberately indifferent and according to all the provisions listed under (A) General above.

C. Emergency removal

1. The district may remove a respondent from the education program or activity on an emergency basis, provided an individualized safety and risk analysis has been conducted, and it is determined that an            immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal;

2. The respondent shall be notified and given an opportunity to challenge the decision immediately following the removal;

3. The rights of persons under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act shall be observed in accordance with the aforementioned

D. Administrative leave:

The district may place a non-student employee respondent on administrative leave during the pendency of a grievance process. The rights of a non-student employee respondent under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act shall be observed in accordance with the aforementioned Acts.

Grievance Process for Formal Complaints of Sexual Harassment.

For the purpose of addressing formal complaints of sexual harassment, the district’s grievance process must comply with the requirements of law as follows. Any provisions, rules, or practices other than those required by the federal regulations under Title IX (see 34 CFR § 106.45) adopted by the board as part of its grievance process for handling formal complaints of sexual harassment shall apply equally to both parties. The board requires that:

A. The Title IX Coordinator shall treat complainants and respondents equitably:

1. By providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and

2. By following the grievance process (see 2224.1 Regulation) before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in this policy against a respondent.

3. Remedies shall be designed to restore or preserve equal access to the recipient’s education program or activity. Such remedies may include the same individualized services described in law (see 34 CFR § 106.30) and district procedures 2224.1 Title IX – Sexual Harassment, Grievance, Regulation grievance as “supportive measures”; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent;

B. An objective evaluation of all relevant evidence be conducted including both inculpatory and exculpatory evidence, and provides that credibility determinations may not be based on a person’s status as a                       complainant, respondent, or witness;

C. Any individual designated by the board as a Title IX Coordinator, investigator, decision-maker, or any person designated by the board or the chief school administrator to facilitate an informal resolution process,             shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;

D. The Title IX coordinators, investigators, decision-makers, and any designated person who facilitates an informal resolution process, shall receive training. Any materials used to train Title IX Coordinators,                        investigators, decision-makers, and any designated person who facilitates an informal resolution process shall not rely on sex stereotypes and must promote impartial investigations and adjudications of formal              complaints of sexual harassment. Training shall be provided on:

1. The definition of sexual harassment (see 34 CFR § 106.30);

2. The scope of the district’s education program or activity:

3. How to conduct an investigation: and

4. The grievance process including hearings, appeals, and informal resolution processes, as applicable; and

5. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;

6. Technology to be used at a live hearing;

7. Issues related to the relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant;

8. Issues of relevance to create an investigative report that fairly summarizes relevant evidence;

E. The grievance process shall include a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process;

F. The grievance process shall include reasonably prompt time frames for conclusion of the grievance process, including reasonably prompt time frames for filing and resolving appeals and informal resolution                   processes if the recipient offers informal resolution processes, and a process that allows for the 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;

G. The grievance process shall include the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that the district may implement following any determination              of responsibility;

H. The standard of evidence that shall be used to determine responsibility is the clear and convincing evidence standard. The standard of evidence shall apply the same for formal complaints against students as f              for formal complaints against employees, including faculty, and the same standard of evidence shall apply to all formal complaints of sexual harassment;

I. Procedures and permissible bases for the complainant and respondent to appeal the determination shall be detailed in the grievance procedures;

J. The grievance process shall include the range of supportive measures available to complainants and respondents; and

K. The Title IX coordinator shall ensure that the grievance process will 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

Notice of Allegations

Upon receipt of a formal complaint, Title IX coordinator shall provide the following written notice to the parties who are known:

A. Notice of the grievance process, including any informal resolution process;

B. Notice of the allegations of sexual harassment potentially constituting sexual harassment as defined in law (§ 106.30) and this policy, including sufficient details known at the time and with sufficient time to                     prepare a response before any initial

1. Sufficient details include:

a. The identities of the parties involved in the incident, if known;

b. The conduct allegedly constituting sexual harassment under law (34 CFR § 106.30); and

c. The date and location of the alleged incident, if known;

2. The written notice shall include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility shall be made at the conclusion of the grievance process;

3. The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence;

4. The written notice must inform the parties of any provision in the code of student conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance

C. If, in the course of an investigation, the Title IX coordinator or his or her designee decides to investigate allegations about the complainant or respondent that are not included in the notice provided as described           above, notice of the additional allegations to the parties whose identities are known shall be

Dismissal of a Formal Complaint

The allegations in a formal complaint shall be investigated. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in in law (34 CFR § 106.30) even if proved, did not occur in the district’s education program or activity, or did not occur against a person in the United States, then the district shall dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX, including related regulations. This dismissal does not preclude action under another provision of the code of student conduct for behavioral infractions that violate policy.

A. The formal complaint or any allegations therein may be dismissed, if at any time during the investigation or hearing:

1. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;

2. The respondent is no longer enrolled in the district or employed by the recipient; or

3. Specific circumstances prevent gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein;

B. Upon a dismissal required or permitted, the Title IX coordinator shall promptly send written notice of the dismissal and reason(s) therefor simultaneously to the

Consolidation of Formal Complaints

A. Formal complaints as to allegations of sexual harassment may be consolidated where the allegations of sexual harassment arise out of the same facts or circumstances. Formal complaints that may be                         consolidated where the allegations of sexual harassment arise out of the same facts or circumstances are:

1. Against more than one respondent; or

2. By more than one complainant against one or more respondents; or

3. By one party against the other

B. Where a grievance process involves more than one complainant or more than one respondent, references in this section to the singular “party,” “complainant,” or “respondent” include the plural, as applicable.

Investigation of a Formal Complaint

When investigating a formal complaint and throughout the grievance process, the following requirements shall be implemented:

A. The Title IX coordinator shall ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility shall rest on the district and not on the Records that           are made or 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, shall not be accessed, considered, disclosed, or otherwise used without that party’s voluntary, written consent to do so             for a grievance process (if a party is not an “eligible student,” as defined in 34 CFR § 99.3, then the recipient must obtain the voluntary, written consent of a “parent,” as defined in 34 CFR § 99.3);

B. An equal opportunity for the parties to present witnesses shall be provided, including fact and expert witnesses, and other inculpatory and exculpatory evidence;

C. The ability of either party to discuss the allegations under investigation or to gather and present relevant evidence shall not be restricted;

D. The parties shall be provided 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, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding. The                district may, however, establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties;

E. A party whose participation is invited or expected shall be provided written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings. This notice shall            be provided with sufficient time for the party to prepare to participate;

F. Both parties shall be provided 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 recipient 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 Title IX coordinator 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, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to                  completion of the investigative report. The recipient 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; and

G. Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing (when provided) 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

Hearings.

Elementary and secondary school districts may, but need not, provide for a hearing as part of the grievance process, though a hearing may be required under another federal or state law, other than Title IX, that may apply based on the nature of the specific allegations.

A. With or without a hearing, after the investigative report has been sent to the parties and before reaching a determination regarding responsibility, the decision-maker(s) must afford each party:

1. The opportunity to submit written, relevant questions that a party wants asked of any party or witness;

2. Provide each party with the answers; and

3. Allow for additional, limited follow-up questions from each

B. With or without a hearing, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior                    sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s            prior sexual behavior with respect to the respondent and are offered to prove consent. The decision maker(s) must explain to the party proposing the questions any decision to exclude a question as not

In the case of allegations of sexual harassment against employees, that are subject to criminal investigations district hearing proceedings may need to be delayed in order to protect the accused’s 5th Amendment rights.

Determination Regarding Responsibility

A. The decision-maker(s), who cannot be the same person(s) as the Title IX coordinator or the investigator(s), must issue a written determination regarding responsibility. To reach this determination, the recipient               must apply the clear and convincing evidence standard. The standard of evidence shall apply the same for formal complaints against students as for formal complaints against employees, including faculty, and             the same standard of evidence shall apply to all formal complaints of sexual harassment:

B. The written determination shall include:

1. Identification of the allegations potentially constituting sexual harassment as defined in law (§ 106.30) and this policy;

2. A description of the procedural steps taken from the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

3. Findings of fact supporting the determination;

4. Conclusions regarding the application of the district code of student conduct to the facts;

5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided by the district to the complainant; and

6. The procedures and permissible bases for the complainant and respondent to appeal the determination.

C. The written determination shall be provided to the parties simultaneously. The determination regarding responsibility becomes final either:

1. On the date that the with the written determination of the result of the appeal is provided, if an appeal is filed; or

2. If an appeal is not filed, the date on which an appeal would no longer be considered

D. The Title IX Coordinator shall be responsible for effective implementation of any

Appeals

The district shall offer both parties an appeal from a determination regarding responsibility, and from a dismissal of a formal complaint or any allegations therein, on the following bases:

A. Procedural irregularity that affected the outcome of the matter;

B. 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

C. The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the                outcome of the matter:

The district may offer an appeal equally to both parties on additional bases. As to all appeals, the recipient must:

A. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties;

B. Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX                           coordinator;

C. Ensure that the decision-maker(s) for the appeal complies with the standards in the section of this policy entitled, “Grievance Process for Formal Complaints of Sexual Harassment” (see C-D just above),                        regarding conflict of interest and training;

D. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;

E. Issue a written decision describing the result of the appeal and the rationale for the result; and

F. Provide the written decision simultaneously to both parties.

Informal Resolution

The district may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with law and this policy. Similarly, the district may not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, an informal resolution process may be facilitated by the district, such as mediation, that does not involve a full investigation and adjudication provided that the district:

A. Provides to the parties a written notice disclosing:

1. The allegations;

2. The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and

3. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

B. Obtains the parties’ voluntary, written consent to the informal resolution process; and

C. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a

Recordkeeping.

The district shall maintain for a period of seven years records of:

A. Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript, any disciplinary sanctions imposed on the respondent, and any               remedies provided to the complainant designed to restore or preserve equal access to the recipient’s education program or activity;

B. Any appeal and the result therefrom;

C. Any informal resolution and the result therefrom; and

D. All materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The district shall make these training materials publicly available on            its website (or if the district does not maintain a website these materials shall be available upon request for inspection by members of the );

The district shall create for each response required under the section of this policy entitled, “Response to Sexual Harassment” (see A-D, page 9 of this policy), and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the chief school administrator or his or her designee shall document the basis for the conclusion that the response was not deliberately indifferent, and that the district has taken measures designed to restore or preserve equal access to the district education program or activity. If the complainant is not provided with supportive measures, then the district shall document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the district in the future from providing additional explanations or detailing additional measures taken.

Retaliation

Retaliation is prohibited. No district employee, officer, or student, or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX and its related regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or its related regulations, constitutes retaliation. The district shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of this policy and 34 CFR part 106 (the Title IX regulations), including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination as described above.

Dissemination of Policy

The chief school administrator or his or her designee must notify applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district that the district does not discriminate on the basis of sex in the educational program or activity which it operates, and that it is required by Title IX and its related regulations not to discriminate in such a manner.

A. The notification shall state at least:

1. That the requirement not to discriminate in the education program or activity extends to employment in the district, and to admission in the district (where applicable); and

2. That inquiries concerning the application of Title IX and its related regulations may be referred to the employee designated as the Title IX Coordinator or to the Assistant

B. Publications:

1. The district shall prominently display the name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the district’s Title IX coordinator, as well as the Title IX policy as described in this section (“Dissemination of Policy”) on the district’s website, if any, and in each handbook or catalog that it makes available to applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district;

2. The district shall not use or distribute a publication stating that the district treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by Title IX;

3. As described in the above section, “Title IX Coordinator, Grievance Procedures and Notifications,” the district must adopt and publish grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by the Title IX regulations and a grievance process for formal complaints as previously described in this policy. The district must provide applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the district with notice of the district’s grievance procedures and grievance process, including how to report or file a formal compliant of sexual harassment, and how the district will respond. The requirements of this paragraph only apply to sex discrimination occurring against a person in the United States.

Key Words

Sexual Harassment, Title IX, Title IX Coordinator, Grievance Procedures, Grievance Process, Access, Nondiscrimination, Harassment, Equal Educational Opportunity, Equal Employment Opportunity,

Legal References:  N.J.S.A. 2C:16-1                  Bias intimidation

N.J.S.A. 2C:33-4                  Harassment

N.J.S.A.  10:5-1 et seq.         Law Against Discrimination

N.J.S.A. 18A:6-6                  No sex discrimination

N.J.S.A. 18A:29-2                 Equality of compensation for male and female teachers

N.J.S.A. 18A: 34:6B-20          Unlawful employment practice related to salary history;

exceptions

N.J.S.A. 18A:35-1 et seq.      Curriculum and courses

N.J.S.A. 18A:36-41               Development, distribution of guidelines concerning transgender students

N.J.S.A. 18A:37-14               Harassment, intimidation, and bullying defined; through -19                        definitions

N.J.S.A. 18A:36-20               Discrimination; prohibition

N.J.S.A. 18A:38-5.1               Attendance at school

N.J.A.C.  6A:7-1.1 et seq.      Managing for Equality and Equity in Education See particularly:

N.J.A.C. 6A:7-1.4,

-1.5, -1.6, -1.7, -1.8

N.J.A.C.  6A:30-1.1 et seq.    Evaluation of the Performance of School Districts

United States Constitution, Article XIV, Section 1.

New Jersey State Constitution, Article I, Paragraph 1 Executive Order 11246 as amended

29 U.S.C.A. § 201 et seq., see particularly § 206 – Fair Labor Standards Act of 1963 as amended

20 U.S.C.A. § 1681 et seq. – Title IX of the Education Amendments of 1972

42 U.S.C.A. § 2000e et seq. – Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972

34 CFR 106.1 et seq. – Title IX regulations

Cannon v. Univ. of Chicago, 441 U.S. 677 (1979)

Meitor Savings Bank v. Vinson, 477 U.S. 57 (1986)

School Board of Nassau County v. Arline, 480 U.S. 273 (1987)

Franklin v. Ginnett County Public Schools, 503 U.S. 60 (1992)

State v. Mortimer, 135 N.J. 517 (1994)

Gebser v. Lago Vista Indep. School District, 524 U.S. 274 (1998)

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)

Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005)

Saxe v. State College Area School District, 240 F. 3d 200 (3d Cir. 2001)

Bostic v .Smyrna School District, 418 F. 3d 355 (3d Cir. 2005)

Doe v. Boyertown Area Sch. Dist., 897 F.3d 518 (3d Cir. 2018)

M.S. v. Susquehanna Twp. School District, 969 F. 3d 120 (3d Cir. 2020)

Peper v. Princeton University Bd. of Trustees, 77 N.J. 55 (1978)

L.W. v. Toms River Regional Schools Board of Education, N.J., No. A-111-05 (Feb. 22, 2007), 2007 N.J. LEXIS 184. The New Jersey Supreme Court ruled that a school district may be held liable under the New Jersey Law Against Discrimination (LAD),

N.J.S.A. 10:5-1 to -49, when students harass another student because of his perceived sexual orientation. A district school will be liable for such harassment if it knew or should have known of the harassment but failed to take reasonable remedial actions. The matter was remanded to the Director of the Division on Civil Rights.

Comprehensive Equity Plan, New Jersey Department of Education

Possible

Cross References:  *2224                 Nondiscrimination/Affirmative Action

*3320                 Purchasing procedures

*4111                 Recruitment, selection and hiring

*4111.1               Nondiscrimination/affirmative action

*4131/4131.1       Staff development; inservice education/visitations/conferences

*4211                 Recruitment, selection and hiring

*4211.1               Nondiscrimination/affirmative action

*4231/4231.1       Staff development; inservice education/visitations/conferences

*5131                 Conduct/discipline

*5145.4               Equal educational opportunity

*6121                 Nondiscrimination/affirmative action

*6145                 Extracurricular activities

*Indicates policy is included in the Critical Policy Reference Manual.

GENERAL STATEMENT

 The Title IX sexual harassment procedures and grievance process for complaints prescribed in this regulation apply only when a report includes allegations of sexual harassment subject to Title IX regulations. (34 CFR 106.44, 106.45)

All other reports or complaints of discrimination or retaliation shall follow the complaint procedures established in policy 2224 Nondiscrimination/Affirmative Action.

STAFF RESPONSIBLE

 The following chart lists the staff members responsible for the implementation of the regulation and summarizes their responsibilities:

PositionSummary of Main ResponsibilitiesChief school administrator·      General policy procedure oversight within the district

·      Reporting to the board

·      Notification of due process and appeal rights as well as name and contact information for Title IX Coordinator

Board of education·      General oversight of the chief school administrator

·      Board hearings in closed session when required by statute, code or policy

Title IX coordinator·      Oversight of the Title IX policy and procedures: investigation, informal and formal complaint process; supportive measures; required notifications, appeals

·      Appoints the decision-maker(s)

·      Appoints the investigator

Investigator·      Investigates allegations to establish burden of proofDecision-maker·      Determines based on the evidence if the allegations qualify as Title IX sexual harassment

·      Composes the written determination of responsibility and distributes it to the parties within the stated time frame

Director of Special Education·      Consults with the Title IX coordinator on all cases that involve classified students and students with special

education plans, including IEPs and 504 plans

DEFINITIONS

 “Education program or activity” includes locations, events, or circumstances over which the district exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“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.

“Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the district’s Title IX coordinator or any district official who has the authority to institute corrective measures on behalf of the district, or to any employee of an elementary and secondary school, other than the respondent. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in § 106.8(a).

“Exculpatory evidence” means evidence tending to exonerate the accused or helps to establish their innocence.

“Inculpatory” evidence means evidence tending to incriminate the accused or indicate their guilt.

“Formal complaint” means a document filed by a complainant or signed by the Title IX coordinator alleging Title IX sexual harassment and requesting that the district investigate the allegation. The authority for the Title IX coordinator to sign a formal complaint does not make the Title IX coordinator the complainant or other

party during the grievance process. The phrase “document filed by a complainant” refers to a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

“Retaliation” shall mean actions including, but not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or its regulated regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX and its related regulations. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes retaliation.. The following actions shall not constitute retaliation:

A. An individual exercising free speech under the rights protected by the First Amendment;

B. The assignment of consequences consistent with board policy and the code of student conduct when an individual makes a materially false statement in bad faith in an investigation. The fact that the charges of            discrimination were unfounded or unsubstantiated shall not be the sole reason to conclude that any party made a materially false statement in bad

“Supportive measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures shall be designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but shall not be limited to:

A. Counseling;

B. Extensions of deadlines or other course-related adjustments;

C. Modifications of work or class schedules;

D. Campus escort services;

E. Mutual restrictions on contact between the parties;

F. Changes in work locations or school of attendance;

G. Leaves of absence;

H. Increased security;

I. Monitoring of certain areas of the campus;

J. Referral to domestic violence or rape crisis programs;

K. Referral to community health resources including counseling

Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an individualized education program (IEP) or Section 504 service agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or functional behavioral assessment (FBA), in accordance with applicable law, regulations and board policy 6171.4 Special Education.

“Title IX sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

A. A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct;

B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or activity;

C. Sexual assault, dating violence, domestic violence or stalking:

1. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:

a. Length of relationship;

b. Type of relationship;

c. Frequency of interaction between the persons involved in the

2. Domestic violence includes 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 federal funding, 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;

3. Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

4. Stalking, under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to either:

a. Fear for their safety or the safety of others;

b. Suffer substantial emotional

Such conduct must have taken place during a district education program or activity and against a person in the United States to qualify as sexual harassment subject to Title IX regulations. An education program or activity includes the locations, events or circumstances over which the district exercises substantial control over both the respondent and the context in which the harassment occurs.

“Recipient” means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and which operates an education program or activity which receives such assistance, including any subunit, successor, assignee, or transferee thereof

Reporting Sexual Harassment

A. Any person, whether the alleged victim or not, may report Title IX sexual harassment by any of the following:

1. Using the discrimination/sexual harassment report form; or

2. Making a general report verbally or in writing to the building principal; or

3. Making a general report verbally or in writing to a staff member; or

4. Using the contact information listed for the Title IX coordinator and making a verbal or written report; or

5. Any other means that results in the Title IX coordinator receiving the person’s verbal or written

B. When Title IX sexual harassment is reported to a school staff member, the school staff member shall immediately notify the building

C. A report may be made at any time, including during nonbusiness hours. Verbal reports shall be documented by the Title IX coordinator or employee receiving the report using the discrimination/sexual                             harassment report

D. The parents/guardians of a student who is the complainant, the respondent, or other individual relating to a complaint, have the right to act on behalf of the student at any time and report Title IX sexual                          harassment and all other conduct violations on the basis of sex including but not limited to sexual assault, dating violence, domestic violence or

E. An adult student who is the complainant, the respondent, or other individual relating to a complaint, shall have the right to act on their own behalf at any time and report Title IX sexual harassment and all other               conduct violations on the basis of sex including but not limited to sexual assault, dating violence, domestic violence or

Initial Investigation

When the district has actual knowledge of Title IX sexual harassment, the district is required to respond promptly and in a manner that is not deliberately indifferent, meaning not clearly unreasonable in light of the known circumstances.

A. All sexual harassment reports and complaints received by the building principal or other school staff member shall be promptly directed to the Title IX coordinator, in accordance with board policy. The Title IX                 coordinator shall use the report form to gather additional information from the reporter and/or other parties identified in the report. Using the information gathered, the Title IX coordinator shall determine if the                 allegations meet the definition and parameters for Title IX sexual

B. The Title IX coordinator shall promptly contact the complainant regarding the report to gather additional information as necessary, and to discuss the availability of supportive measures. The Title IX coordinator              shall consider the complainant’s wishes with respect to supportive

C. The Title IX coordinator shall initially assess whether the reported conduct:

1. Poses an immediate threat to the physical health or safety of the complainant or any other individual;

2. May meet the definition of Title IX sexual harassment;

3. Occurred in a district program or activity sponsored by the district and against a person in the United States;

4. Involves other board policies or code of student conduct violations;

5. Involves a student identified as a student with a disability under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act (see board policy 6171.4 Special Education);

D. If the result of this initial assessment determines that none of the allegations fall within the scope of Title IX sexual harassment, but the matter merits review and possible action under the code of student                        conduct and other board policies, then the Title IX coordinator shall redirect the report to the appropriate administrator to address the allegations;

E. If the result of the initial assessment determines that the allegations may constitute Title IX sexual harassment, the Title IX coordinator shall promptly explain to the complainant the process for filing a formal                 complaint and inform the complainant of the continued availability of supportive measures with or without the filing of a formal complaint;

F. The Title IX coordinator shall contact the parents/guardians and provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for formal complaints;.

G. The Title IX coordinator shall contact the adult student and provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for formal complaints;

H. If the complainant, school staff or others with professional knowledge relating to the complainant’s health and well-being indicate that notifying the parents/guardians could cause serious harm to the health or               well-being of the complainant or other person(s), the Title IX coordinator will determine, in consultation with such individuals and upon advice of legal counsel, whether to withhold or delay notification of the                   report from the complainant’s parents/guardians;

I. The Title IX coordinator shall also determine what supportive measures may be offered to the respondent;

J. If either party is an identified student with a disability, or thought to be disabled, the Title IX coordinator shall contact the director of special education to coordinate the required actions in accordance with board             policy 6171.4 Special Education;

K. Confidentiality regarding the supportive measures offered and the identity of the following individuals shall be maintained, except as may be permitted by law or regulations relating to the conduct of any                         investigation (20 U.S.C. Sec. 1232g; 34 CFR Parts 99, 106):

1. Individuals making a report or formal complaint;

2. Complainant(s);

3. Respondent(s);

4. Witnesses;

L. The district shall treat complainants and respondents equitably by:

1. Offering supportive measures to the complainant and may offer such measures to the respondent;

2. Following the grievance process for formal complaints before imposing disciplinary sanctions or other actions that are not supportive measures on the respondent.

Complaint Procedures

Step 1 – Formal Complaint

A. The Title IX coordinator shall initiate the grievance process for formal complaints when a complainant or the complainant’s parent/guardian files a formal The Title IX coordinator is also authorized to initiate this             process despite a complainant’s wishes when actions limited to supportive measures are not a sufficient response to alleged behavior, or when a formal complaint process is necessary to investigate and                       address the situation adequately. For example, if the respondent is an employee, or if further investigation is needed to assess the extent of the behavior and impact on others, it may be reasonable to initiate the           formal complaint process. Only the Title IX coordinator is authorized to initiate the formal complaint process despite a complainant’s wishes, but the Title IX coordinator may consult with the school attorney and             other district officials in making this decision;

B. The complainant or the Title IX coordinator shall use the designated section of the discrimination/sexual harassment report form to file or sign a formal complaint;

C. The Title IX coordinator shall assess whether the investigation should be conducted by the building principal, another district employee, the Title IX coordinator or an attorney and shall promptly assign the                      investigation to that individual;

D. The Title IX coordinator, investigator, decision-maker, or any individual designated to facilitate the informal resolution process, each must have completed the required training and shall not have a conflict of                  interest or bias for or against an individual complainant or respondent, or for or against complainants or respondents in general;

E. The respondent shall be presumed not responsible for the alleged conduct until a written determination regarding responsibility has been made at the conclusion of the grievance process for formal complaints;

F. Notice Requirements:

Upon receipt of a formal complaint, or when the Title IX coordinator signs a formal complaint to initiate the grievance process for formal complaints, the Title IX coordinator shall provide written notice to all known          parties, and the parents/guardians of known parties, where applicable, providing the following information:

1. Notice of the district’s grievance process for formal complaints and any informal resolution process that may be available;

2. Notice of the allegations potentially constituting Title IX sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

a. The identity of the parties involved, if known;

b. The conduct allegedly constituting sexual harassment;

c. The date and location of the alleged incident(s), if known;

3. A statement that a written determination regarding responsibility shall be made at the conclusion of the grievance process for formal complaints and, until that time, the respondent is presumed not responsible for the alleged conduct;

4. Notice that parties may have an advisor of their choice, who may be, but is not required to be, an attorney. The advisor may inspect and review evidence;

5. Notice of provisions in board policy and the district’s Code of Student Conduct that prohibits knowingly making false statements or knowingly submitting false information to school officials in connection with reports of misconduct or discrimination complaints;

6. Notice to all known parties of any additional allegations that the district decides to investigate during the course of the

Step 2 – Informal Resolution Process

The informal resolution process cannot be offered or used to facilitate a resolution for any formal complaint where the allegations state that an employee sexually harassed a student.

At any time after a formal complaint has been filed, but prior to reaching a determination of responsibility, if the Title IX coordinator believes the circumstances are appropriate, the Title IX coordinator may offer the parties the opportunity to participate in an informal resolution process, which does not involve a full investigation and adjudication of the Title IX sexual harassment complaint.

The district may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal Title IX sexual harassment complaints. Similarly, a district may not require the parties to participate in an informal resolution process.

Informal resolutions can take many forms, depending on the particular case. Examples include, but are not limited to, mediation, facilitated discussions between the parties, restorative practices, acknowledgment of responsibility by a respondent, apologies, a requirement to engage in specific services, or supportive measures.

When offering an informal resolution process, the Title IX coordinator shall:

A. Provide the parties a written notice disclosing the following:

1. The allegations;

2. The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

3. That at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process for formal complaints;

4. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

B. Obtain the parties’ voluntary, written consent to the informal resolution As part of the consent process, all parties shall be informed of the rights being waived by agreeing to the informal resolution process, and             shall acknowledge such agreement in writing.

C. The informal resolution process shall be conducted within ten (10) school days of the parties’ signed agreement for the informal resolution process;

D. If the matter is resolved to the satisfaction of the parties, the district employee facilitating the informal resolution process shall document the nature of the complaint and the proposed resolution of the matter,                  have both parties sign the documentation and receive a copy, and forward it to the Title IX coordinator;

E. Within ten (10) school days after the complaint is resolved, the Title IX coordinator shall contact the complainant to determine if the resolution was effective and to monitor the agreed upon remedies;

F. The Title IX coordinator shall document the informal resolution process, responses from all parties, and an explanation of why the district’s response was not deliberately indifferent to the reported complaint of               sexual harassment.

*If Step 2 Informal Resolution Process results in the final resolution of the complaint, the following steps are not applicable.

Step 3 – Investigation

 The designated investigator, if other than the Title IX coordinator, shall work with the Title IX coordinator to assess the scope of the investigation, who needs to be interviewed and what records or evidence may be relevant to the investigation. The investigation stage shall be concluded within twenty (20) school days.

When investigating a formal complaint, the investigator shall:

A. Bear the burden of proof and gather evidence and conduct interviews sufficient to reach a written determination;

B. Not access, consider, disclose or otherwise use a party’s records which are protected by legal privilege during the process of gathering evidence, unless the district has obtained the voluntary, written consent of           the party, or the party’s parent/guardian when legally required. Such records include but are not limited to records made or 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 providing treatment to the party (Safe2Say                  Something Procedures);

C. Objectively evaluate all available evidence, including inculpatory and exculpatory evidence;

D. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;

E. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. The district may request that a nondisclosure agreement be signed by the parties                and their advisor(s), if any, stating that they will not disseminate or disclose evidence and documents exchanged in the investigation;

F. Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to have an advisor of the party’s choice accompany the party to any interview or           other meeting related to the grievance procedure. The district may establish restrictions, applicable to both parties, regarding the extent to which the advisor may participate;

G. Provide written notice to any party whose participation is invited or expected during the investigation process with the following information, in sufficient time for the party to prepare to participate:

1. Date;

2. Time;

3. Location;

4. Participants;

5. Purpose of all investigative interviews or other meetings;

H. 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, including evidence the district does not intend to rely                on to reach a determination regarding responsibility and any inculpatory and exculpatory evidence, whether obtained from a party or other source;

I. If at any point the investigation expands to include additional allegations that were not included in the initial notice provided upon initiation of the grievance process for formal complaints, the investigator shall                alert the Title IX coordinator. The Title IX coordinator shall provide written notice of the new allegations to the known parties;

J. Prior to the completion of the investigative report, the investigator shall:

1. Send to each party and the party’s advisor, if any, the evidence subject to inspection and review in electronic or hard copy format;

2. Provide the parties at least ten (10) school days following receipt of the evidence to submit a written response;

3. Consider the written response prior to drafting the investigative report;

K. The investigator shall draft an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a hearing (if a hearing is required under section 106.45(b) of the Title IX regulations or                  otherwise provided) 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;

L. If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator shall promptly notify the Title IX coordinator, who shall promptly inform the chief school                     administrator and law enforcement authorities about the allegations and make any additional required reports, in accordance with law, regulations and board policy;

M. The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the allegations is pending or has been concluded. The investigator should                coordinate with any other ongoing investigations of the allegations, including agreeing to request for a delay in fulfilling the district’s investigative responsibilities during the fact-finding portion of a criminal or                  child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation and the reason                for such delay shall be documented by the investigator;

N. In the course of an investigation, it is possible that conduct other than, or in addition to, Title IX sexual harassment may be identified as part of the same incident or set of circumstances. The fact that there may              be Title IX sexual harassment involved does not preclude the district from addressing other identified violations of the code of student conduct or board policy. If such other conduct is being investigated and                  addressed together with Title IX sexual harassment as part of the Title IX grievance process for formal complaints, disciplinary action normally should not be imposed until the completion of the Title IX grievance            process for formal complaints. A decision whether and when to take such action should be made in consultation with the school

Step 4 – Written Determination and District Action

A. To avoid any conflict of interest or bias, the decision-maker cannot be the same person as the Title IX coordinator or the investigator. The responsibility as the decision-maker for complaints of Title IX sexual                  harassment shall generally be designated to the building

B. If the designated decision-maker has a conflict of interest or bias, or is a party in the formal complaint process, they shall disclose the conflict and the Title IX coordinator shall designate another individual to                  serve as the decision-maker;

C. A written determination of responsibility (written determination) must not be finalized less than ten (10) days after the investigator completes the investigative report and provides it to all parties. Before the                     decision-maker reaches a determination regarding responsibility, the decision-maker shall afford each party the opportunity to submit written, relevant questions that a party wants to be asked of any party or                 witness, shall provide each party with the answers, and shall allow for additional, limited follow-up questions from each party;

D. Relevant questions for a party or witness must be submitted by each party within three (3) school days following receipt of the investigative report;

E. Follow-up questions must be submitted by each party within three (3) school days of being provided the answers to the initial questions;

F. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant as part of the questions and responses, unless such questions and evidence about the                             complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of           the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent;

G. The decision-maker shall explain to the party proposing the questions about any decision to exclude a question as not relevant;

H. The decision-maker must issue a written determination for the conduct alleged in formal complaints. To reach this determination, the decision-maker shall apply the preponderance of the evidence standard,                  meaning that the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more                        probable than not;

[Note: Districts may consult with their school attorney and decide to use the “clear and convincing evidence” standard, as permitted by the federal regulations, in place of the “preponderance of the evidence” standard. However, the legal disadvantages of this should be carefully considered with the school attorney. The clear and convincing evidence standard means that the party bearing the burden of proof must show that the truth of the allegations is highly probable.]

      I. In considering evidence, the decision-maker shall ensure credibility determinations are not based on an individual’s status as a complainant, respondent or witness;

J. After considering all relevant evidence, the decision-maker shall issue a written determination that includes:

1. Identification of the allegations potentially constituting Title IX sexual harassment;

2. A description of the procedural steps taken from the receipt or signing of the formal complaint through the written determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and, if relevant, hearings held;

3. Findings of fact supporting the determination;

4. Conclusions regarding the application of the district’s code of student conduct or board policies to the facts;

5. A statement of, and rationale for, the result as to each allegation, including:

a. Determination regarding responsibility;

b. Disciplinary sanctions;

c. Remedies designed to restore or preserve equal access to the district’s education program or activity that will be provided by the district to the complainant. Such remedies may be punitive or disciplinary and                 need not avoid burdening the respondent;

6. The procedures, deadline and permissible bases for the complainant and respondent to appeal;

K. The written determination shall be provided to the parties simultaneously. The determination becomes final either:

1. On the date that the district provides the parties with the written decision of the result of the appeal, if an appeal is filed; or

2. If an appeal is not filed, on the date on which an appeal would no longer be considered timely, in accordance with the timeframe established for appeals in this procedure;

The Title IX coordinator shall be responsible to ensure that any remedies are implemented by the appropriate district officials and for following up as needed to assess the effectiveness of such remedies. Disciplinary actions shall be consistent with the code of student conduct, board policies and administrative regulations, district procedures, applicable collective bargaining agreements, and state and federal laws and regulations, including specific requirements and provisions for students with disabilities.

Disciplinary Procedures When Reports Allege Title IX Sexual Harassment

When reports allege Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of the grievance process for formal complaints. The district shall presume that the respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for formal complaints.

When an emergency removal, as described below, is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability where applicable (see board policy 5114 Suspension and Expulsion).

When an emergency removal is not required, disciplinary sanctions will be considered in the course of the Title IX grievance process for formal complaints. Following the issuance of the written determination and any applicable appeal, any disciplinary action specified in the written determination or appeal decision shall be implemented in accordance with the normal procedures for suspensions, expulsions or other disciplinary actions, including specific provisions to address a student with a disability where applicable.

Supportive Measures

All supportive measures provided by the district shall remain confidential, to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures (34 CFR 106.44).

When any party is an identified student with a disability, or thought to be a student with a disability, the Title IX coordinator shall notify the director of special education and coordinate to determine whether additional steps must be taken as supportive measures for the party while the Title IX procedures are implemented. Such measures may include, but are not limited to, conducting a manifestation determination, functional behavior assessment or other assessment or evaluation, in accordance with applicable law, regulations or board policy. Functional behavior assessments must be conducted when a student’s behavior interferes with the

student’s learning or the learning of others and information is necessary to provide appropriate educational programming, and when a student’s behavior violates the code of student conduct and is determined to be a manifestation of a student’s disability.

Reasonable Accommodations

Throughout the Title IX sexual harassment procedures, the district shall make reasonable accommodations for any parties with identified qualifying disabilities, and address barriers being experienced by disadvantaged students such as English learners and homeless students, consistent with the requirements of federal and state laws and regulations and board policy.

Emergency Removal

If the district has determined, based on an individualized safety and risk analysis, that there is an immediate threat to the physical health or safety of any student or other individual due to the allegations of Title IX sexual harassment that justifies removal, the respondent may be removed from the district’s education program or activity or moved to an alternative setting, consistent with all rights under federal and state laws and regulations, and board policy, including but not limited to the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. If the respondent is an identified student with a disability, or thought to be disabled, the Title IX coordinator shall contact the director of special education to coordinate the required actions in accordance with board policy. The respondent shall be provided with notice and provided an opportunity for due process, in accordance with law, regulations and board policy. When expulsion is necessary because continuation of educational services is not feasible, the board’s written adjudication of expulsion shall address the pending Title IX process and the impact of the outcome of the Title IX process on a student’s emergency removal status (20 U.S.C. Sec. 1400 et seq. ; 29 U.S.C. Sec. 794; 42 U.S.C. Sec. 12101 et seq. ; 34 CFR 106.44; board policy 5114 Suspension and Expulsion).

Administrative Leave

When an employee, based on an individualized safety and risk analysis, poses an immediate threat to the health or safety of any student or other individual justifying removal, the employee may be removed on an emergency basis.

An accused nonstudent district employee may be placed on administrative leave during the pendency of the grievance process for formal complaints, consistent with all rights under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, and in accordance with state law and regulations, and an applicable collective bargaining agreement or individual contract (29 U.S.C. Sec. 794, 42 U.S.C. Sec. 12101 et seq., 34 CFR 106.44).

Required Reporting Under Other Policies

In addition to implementing the Title IX sexual harassment procedures, the Title IX coordinator shall ensure that reported conduct which meets the definition of other laws, regulations or board policies, is also appropriately addressed in accordance with the applicable laws, regulations or board policies, including but not limited to, incidents under the Safe Schools Act, reports of educator misconduct, threats, or reports of suspected child abuse.

Timeframes

Reasonably prompt timeframes shall be established for the conclusion of the grievance process for formal complaints, including timeframes for the informal resolution process and timeframes for filing and resolving appeals.

The established timeframes included in these procedures may be adjusted to allow for a temporary delay or a limited extension of time for good cause. Written notice of the delay or extension and the reason for such action shall be provided to the complainant and the respondent, and documented with the records of the complaint. Good cause may include, but is not limited to, considerations such as:

A. The absence of a party, a party’s advisor or a witness;

B. Concurrent law enforcement activity;

C. Need for language assistance or accommodation of

Redirection or Dismissal of Title IX Formal Complaints

Formal complaints may be dismissed, if at any time during the investigation or written determination steps described below:

A. A complainant provides written notification of withdrawal of any allegations or of the formal complaint;

B. The respondent is no longer enrolled or employed by the district in a district program or activity:

C. Specific circumstances prevent the district from gathering evidence sufficient to reach a determination as to the formal complaint or allegations:

D. Only alleged conduct that occurred in the district’s education program or activity, and against a person in the United States, may qualify as Title IX sexual harassment within the district’s jurisdiction. If it is                        determined during the investigation or written determination steps below that none of the allegations, if true, would meet the definition and parameters of Title IX sexual harassment within the district’s                              jurisdiction, the Title IX coordinator shall dismiss the formal complaint under Title IX. If the matter merits review and possible action under the code of student conduct and other board policies, then the Title IX                coordinator shall redirect the report to the appropriate administrator to address the allegations;

E. Written notification shall be promptly issued to the parties simultaneously of any allegations found not to qualify or that are dismissed in compliance with Title IX. Written notification shall state whether the                        allegations will continue to be addressed pursuant to the code of student conduct and other board policies;

F. A dismissal may be appealed via the appeal procedures set forth in this

Consolidation of Title IX Formal Complaints

The district may consolidate formal complaints against more than one (1) respondent, or by more than one (1) complainant against one or more respondents, or by one (1) individual against another individual, where the allegations of sexual harassment arise out of the same facts or circumstances.

Appeal Process

Both parties shall have the right to appeal a determination of responsibility and the right to appeal the district’s dismissal of a Title IX formal complaint or any allegation in the Title IX formal complaint. The scope of appeals related to Title IX sexual harassment are limited to the following reasons for appeal as stated in the Title IX regulations:

A. A procedural irregularity that affected the outcome of the matter;

B. New evidence that could affect the outcome was not reasonably available at the time the decision to dismiss or determination of responsibility was made:

C. The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against the individual complainant or respondent or for or against complainants or respondents generally that              affected the outcome of the

Written notice of a party’s appeal shall be submitted to the Title IX coordinator within five (5) school days after the date of the written determination. Notice of appeal shall include a brief statement describing the basis for the appeal.

The Title IX coordinator shall ensure that the designated appeal authority is not the same person as the decision-maker that reached the determination, the investigator, or the Title IX coordinator. The designated appeal authority shall be the district attorney or outside counsel.

For all appeals, the designated appeal authority shall:

A. Provide written notice to the other party when notice of an appeal is filed and implement appeal procedures equally for both parties;

B. Provide both parties a reasonable, equal opportunity to submit a written statement in support of or challenging the stated basis for the appeal. Supporting statements shall describe in detail as applicable the                 procedural irregularities asserted to have affected the outcome of the determination, the nature of any new evidence asserted to have affected the outcome, and the nature of any conflict of interest or bias                     asserted to have affected the outcome, with an explanation of how the outcome was affected by such factors. If evidence exists supporting the basis for appeal, it shall accompany the supporting statement, or it           shall identify where such evidence may be Supporting statements must be submitted to the appeal authority and provided to the other party within five (5) school days of the written notice of appeal.

Statements in opposition to the appeal shall be submitted within five (5) school days of the submission of supporting statements. If a statement in opposition to an appeal refers to any evidence beyond what is described in a supporting statement, the statement shall accompany the statement in opposition, or the statement shall identify where such evidence may be found.

The appeal authority may accept and consider evidence in support of or in opposition to an appeal in making any conclusions necessary to deciding the appeal. Alternatively, when the appeal authority determines that factors exist making it necessary for the decision-maker to further develop the evidentiary record relevant to the basis for appeal, the appeal authority may return the matter to the decision-maker for that limited purpose.

C. Determine whether the appeal meets the grounds for permitted reasons for appeal and justifies modifying the written

D. Issue a written decision setting forth the respects, if any, in which the written determination is modified and the rationale for the result within ten (10) school

E. Provide the written decision simultaneously to both parties. A copy of the written decision shall also be provided to the Title IX

Recordkeeping

The district shall maintain the following records for a of a minimum of seven (7) years after conclusion of procedures and implementation of disciplinary sanctions and/or remedies, or in the case of a complainant or respondent who is a minor, until the expiration of the longest statute of limitations for filing a civil suit applicable to any allegation (whichever is longer):

A. Each Title IX sexual harassment investigation including any written determination and any audio or audiovisual recording or transcript, disciplinary sanctions imposed on the respondent, and any remedies                     provided to the complainant designed to restore or preserve equal access to the district’s education program or activity;

B. Any appeal and the result;

C. Any informal resolution and the result;

D. All materials used to train the Title IX coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process;

E. Records of any district actions, including any supportive measures, taken in response to a report or formal complaint of Title IX sexual harassment. In each instance, the district shall document the basis for its               conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the district’s education program or activity. If a district does           not provide a complainant with supportive measures, then the district must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of             certain bases or measures does not limit the district in the future from providing additional explanations or detailing additional measures

[Note: a live hearing process is not required for the grievance process for formal complaints in the K-12 setting. Language on a live hearing process is not included in these procedures, but the district may add language in consultation with the school attorney.]

REGULATION HISTORY

 Effective Date:

Date of Review/Revision:

CROSS REFERENCES

1410Local Units2224Nondiscrimination/Affirmative Action4111.1/4211.1Nondiscrimination, Affirmative Action4112.6, 4212.6Personnel Records

4119.21, 4219.21 Conflict of Interest

4119.22, 4219.22 Conduct and Dress

4131/4131.1         Staff Development, Inservice Education, Visitation, Conferences 5114                           Suspension and Expulsion

5125                    Student Records

5131                    Conduct and Discipline

5131                    Code of Student Conduct, Regulation

5131.1                 Harassment, Intimidation and Bullying

5131.5                 Violence and Vandalism 5131.5/5131.7                           Violence and Weapons, Regulation 5131.3                 Substance Abuse

5131.6                 Substance Abuse, Regulation

5131.7                 Weapons and Dangerous Instruments 5141.4                           Missing, Abused and Neglected Children 5142                           Pupil Safety

5145.4                 Equal Educational Opportunity

6121                    Nondiscrimination/Affirmative Action

6142.4                 Physical Education and Health (Dating Violence) 6171.4                 Special Education

EXHIBITS

 Exhibit 1           Discrimination/sexual Harassment Report Form

Based on the Pennsylvania School Boards Association procedure: 103-Attach 3 Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints

Exhibit                                                                       

DISCRIMINATION/SEXUAL HARASSMENT REPORT FORM

The board shall endeavor to provide a safe, positive learning and working environment that is free from bullying, hazing, dating violence, sexual harassment and other discrimination, and retaliation. If you have experienced, or if you have knowledge of, any such actions, we encourage you to complete this form. The Title IX Coordinator will be happy to support you by answering any questions about the report form, reviewing the report form for completion and assisting as necessary with completion of the report. The Title IX Coordinator’s contact information is:

Position:                                                                                                                                                   

Address:                                                                                                                                                   

Email:                                                                                                                                                       

Phone Number:                                                                                                                                         

Retaliation Prohibited

 The district, its employees and others are prohibited from intimidating, threatening, coercing, or discriminating against you for filing this report. Please contact the Title IX Coordinator immediately if you believe retaliation has occurred.

Confidentiality

 Confidentiality of all parties, witnesses, the allegations and the filing of a report shall be handled in accordance with applicable law, regulations, board policy, procedures, and the district’s legal and investigative obligations. The school will take all reasonable steps to investigate and respond to the report consistent with a request for confidentiality as long as doing so does not preclude the school from responding effectively to the report or from complying with applicable law and board policy. If you have any questions regarding how the information contained in this report may be used, please discuss them with the Title IX Coordinator prior to filing the report. Once this report is filed, the district has an obligation to investigate the information provided.

Note: For purposes of Title IX sexual harassment, this Report Form serves initially as an informal report, not a formal complaint of Sexual Harassment under Title IX.

I.  Information About the Person Making This Report:

 Name:                                                                                                                                                      

Address:                                                                                                                                                   

Phone Number:                                                                                                                                         

School Building:                                                                                                                                        

I am a:                                                                                                                                                      

• Student □ Parent/Guardian        □ Employee           □ Volunteer            □ Visitor

• Other (please explain relationship to the district) If you are not the victim of the reported conduct, please identify the alleged victim:

Name:                                                                                                                                                      

The alleged victim is: □ Your Child        □ Another Student        □ A District Employee

• Other: (please explain relationship to the alleged victim)

II.  Information About the Person(s) You Believe is/are Responsible for the Bullying, Hazing, Harassing or Other Discrimination You are Reporting

 What is/are the name(s) of the individual(s) you believe is/are responsible for the conduct you are reporting? Name(s):

The reported individual(s) is/are:

• Student(s) □ Employee(s)

• Other (please explain relationship to the district)

III.  Description of the Conduct You are Reporting

 In your own words, please do your best to describe the conduct you are reporting as clearly as possible. Please attach additional pages if necessary:

When did the reported conduct occur? (Please provide the specific date(s) and time(s) if possible): Where did the reported conduct take place?

Please provide the name(s) of any person(s) who was/were present, even if for only part of the time.

Please provide the name(s) of any other person(s) that may have knowledge or related information surrounding the reported conduct.

Have you reported this conduct to any other individual prior to giving this report?

□ Yes             □ No

If yes, who did you tell about it?

If you are the victim of the reported conduct, how has this affected you?

I affirm that the information reported above is true to the best of my knowledge, information and belief.

Signature of Person Making the Report                                                    Date

Received By Date

FOR OFFICIAL USE ONLY

This section is to be completed by the Title IX Coordinator based on reviewing the report with the complainant or other individual making the report.

The purpose of this form is to assist the Title IX Coordinator in gathering information necessary to properly assess the circumstances surrounding the reported conduct to determine if the allegations fall under the definition of Title IX sexual harassment and/or if the matter merits review and action under the Code of Student Conduct and/or other board policies. The Title IX Coordinator shall gather as much information as possible in cases of incomplete or anonymous reports (including those that may be received through the Safe2Say Something program) to assess the report.

Upon receipt of the report, the Title IX Coordinator shall promptly contact the complainant regarding the report to gather additional information as necessary, and to discuss the availability of supportive measures as described in board policy 2224.1 Title IX – Sex Based Discrimination. The Title IX Coordinator shall consider the complainant’s wishes with respect to supportive measures.

1. Reporter Information:

Name:                                                                                                                                                      

Address:                                                                                                                                                   

Phone Number:                                                                                                                                         

School Building:                                                                                                                                        

Reporter is a:                                                                                                                                            

• Student □ Parent/Guardian        □ Employee     □ Volunteer      □ Visitor

• Other (please explain relationship to the district)

If the reporter is not the victim of the reported conduct, please identify the alleged victim:

Name:                                                                                                                                                      

The alleged victim is: □ Reporter’s Child            □Another Student        □ Another Employee

• Other: (please explain relationship to the alleged victim)

II.  Respondent Information

Please state the name(s) of the individual(s) believed to have committed the reported violation:

Name(s):                                                                                                                                                    

The reported respondent(s) is/are:

• Student(s) □ Employee(s)

• Other (please explain relationship to the district)

III.  Level of Report:

• Informal □ Formal (see additional information below on Title IX formal complaints)

IV.  Type of Report:

• Title IX Sexual Harassment □ Discrimination           □ Retaliation                □ Bullying

• Hazing □ Dating Violence        □ Other

Nature of the Report (check all that apply):

• Race

• Age

• Color

• Creed

• Religion

• Sex

• Gender identity or expression

• Sexual Orientation

• Sexual Harassment (Title IX)

• National Origin

• Ancestry

• Marital Status

• Family status

• Relationship status (including marital, domestic partnership, or civil union status)

• Pregnancy

• Breastfeeding

• Disability

• Bullying

• Hazing

• Dating Violence

• Atypical hereditary cellular or blood trait, genetic information (including the refusal to participate in genetic testing or provide genetic information)

• Military service

• Other:                                                                                                                                      

V.  Reported Conduct

Describe the reported conduct below, including specific actions, dates, times, locations and any other details necessary to properly assess the reported incident(s).

How often did the conduct occur?

Is it being repeated? □ Yes       □ No

Do the circumstances involve a student identified as a student with a disability under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act?

• Yes, please identify the student with a disability and contact the Director of Special Date Director of Special Education was contacted:                                                     

How has the conduct affected the alleged victim’s ability to fully participate in the school’s academic programs, activities or school employment?

What is the alleged victim’s relationship with the alleged respondent?

Insert names, descriptions, and/or contact information of individuals believed to have observed the conduct or who otherwise may have knowledge of the conduct and/or related circumstances.

Additional observations or evidence including pictures, texts, emails, video or other information submitted to the Title IX Coordinator.

VI.  Safety Concerns

Are there physical health or safety concerns that may require Emergency Removal of or Administrative Leave for a respondent? (This requires an individualized safety and risk analysis as to whether there is an immediate threat to the physical health or safety of a student or other individual arising from the sexual harassment allegations justifying removal.)

• Yes, please describe:

VII.  Other Reports

Has the conduct been reported to the police or any other agency?

• No

• Yes Date reported:                                    

Agency:                                                                                                                                                   

VIII.   Identification of Policies Implicated by Reported Conduct

Check all that apply:

• Policy 2224 Nondiscrimination/Affirmative Action

• Policy 2224.1 Title IX Sexual Harassment Affecting

• Policy 4111.1/4211.1 Nondiscrimination/Affirmative Action

• Policy 5131.1 Harassment, Intimidation and Bullying

• Policy 6121 Nondiscrimination/Affirmative Action

• Policy 6142.4 Physical Education and Health (Dating Violence)

To meet the definition of Title IX sexual harassment, the conduct must have taken place during a district education program or activity and against a person in the United States. An education program or activity includes the locations, events or circumstances over which the district exercises substantial control over both the respondent and the context in which the sexual harassment occurs. Title IX applies to all of a district’s education programs or activities, whether such programs or activities occur on-campus or off-campus.

Did the incident occur during a school program or activity involving a person in the United States?

• Yes

• No

To meet the definition of Title IX sexual harassment, the conduct needs to satisfy one or more of the following (please check all that apply):

• A district employee conditioning the provision of an aid, benefit, or district service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual

• Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a district education program or

• Sexual assault, dating violence, domestic violence or

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors:

• Length of

• Type of

• Frequency of interaction between the persons involved in the

Domestic violence includes 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 federal funding, 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.

Sexual assault means a sexual offense under a state or federal law that is classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Stalking means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means to engage in a course of conduct directed at a specific person that would cause a reasonable person to either:

1. Fear for their safety or the safety of

2. Suffer substantial emotional

IX.  Recommended Course of Action

After consultation with the complainant and consideration of the reported information, the Title IX Coordinator directs the report to proceed under the provisions of (check all that apply):

• No further action at this time (state the reason):

• Policy 2224 Nondiscrimination/Affirmative Action

• Policy 2224.1 Title IX Sexual Harassment Affecting

• Policy 4111.1/4211.1 Nondiscrimination/Affirmative Action

• Policy 5131.1 Harassment, Intimidation and Bullying

• Policy 6121 Nondiscrimination/Affirmative Action

• Policy 6142.4 Physical Education and Health (Dating Violence)

X.    Title IX Information to Complainant

What supportive measures were discussed with the complainant, and what were the complainant’s wishes with respect to supportive measures?

Upon designating a course of action under Title IX sexual harassment, the Title IX Coordinator will promptly:

1. Explain to the complainant the process for filing a formal

2. Inform the complainant of the continued availability of supportive measures with or without the filing of a formal

3. The Title IX Coordinator shall contact a student complainant’s parents/guardians and provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for formal complaints, in accordance with applicable law.

The Title IX coordinator shall contact the emancipated or adult student and provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for formal                      complaints, in accordance with applicable law

If the complainant/reporter, school staff or others with professional knowledge relating to the complainant’s health and well-being indicate that notifying the parents/guardians could cause serious harm to the health or well-being of the complainant or other person(s), the Title IX Coordinator will determine, in consultation with such individuals and upon advice of legal counsel, whether to withhold or delay notification of the report from the complainant’s parents/guardians.

4. Determine what supportive measures may be offered to the

5. Determine whether the complainant wishes this report to be treated as a formal

XI.  Title IX Coordinator Signature

I recommend the above course of action based on my consultation with the complainant and the information available at this time.

Title IX Coordinator

Date:                                                    

XII.  Title IX Formal Complaint Action

The Title IX Coordinator shall have the complainant check the appropriate box and sign and date below to indicate whether or not the complainant wishes to have this form serve as a formal complaint pursuant to Title IX.

I would like my report to be treated as a formal complaint pursuant to Title IX.

□ Yes             □ No

Complainant’s Signature:                                                                                                                           

Date:                                                    

If the complainant does not wish this report to be treated as a formal complaint pursuant to Title IX, the Title IX Coordinator is also authorized to initiate this process despite a complainant’s wishes when actions limited to supportive measures are not a sufficient response to alleged behavior, or when a formal complaint process is necessary to investigate and address the situation adequately. For example, if the respondent is an employee, or if further investigation is needed to assess the extent of the behavior and impact on others, it may be reasonable to initiate the formal complaint process. The Title IX Coordinator may consult with the school attorney and other district officials in making this decision.

As Title IX Coordinator, I have determined that, notwithstanding the complainant’s preference, it is necessary to proceed with the Grievance Process for Formal Complaints for the following reasons:

Therefore, I am signing this form for the purpose of serving as the formal complaint initiating that process:

Title IX Coordinator’s Signature:                                                                                                                                                       

Date:                                               

Based on the Pennsylvania School Boards Association report form: 103-Attach 1 Report Form