District Compliance

Is my formal complaint of sexual harassment subject to this grievance process?

Formal complaints of sexual harassment and formal complaints including allegations of sexual harassment trigger a unique grievance process required by Title IX and its regulations.

However, under certain circumstances, a formal complaint of sexual harassment may not be subject to the jurisdiction of Title IX and this grievance procedure. A formal complaint must be dismissed for purposes of sexual harassment under Title IX and its regulations if:

• The conduct would not constitute sexual harassment as defined in the Title IX regulations even if proved;
• The conduct did not occur in the District’s education program or activity (as that term is defined by the Title IX regulations); or
• The conduct did not occur against a person in the United States.

Dismissing a formal complaint of sexual harassment for any of these reasons does not preclude action under another of the District’s policies prohibiting misconduct.

The District also has discretion to dismiss a formal complaint as subject to this grievance process if the complainant submits a written request for withdrawal to the Title IX Coordinator, the respondent is no longer enrolled at or employed by the District, or the specific circumstances prevent the District from gathering evidence sufficient to reach a determination.

Parties are able to appeal dismissal decisions.


What are my rights during this grievance process?

During the grievance process for formal complaints of sexual harassment and complaints including allegations of sexual harassment, parties are guaranteed a number of rights, including:

• 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.
  
  
• Equal opportunity to (i) present witnesses and other evidence, and (ii) inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint.
  
  
• Privacy protections for records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional.
  
  
• Protections for information covered by a legally recognized privilege.
  
  
• Credibility determinations that are not based upon a person’s status as a complainant, respondent, or witness. 
  
  
• Objective evaluation of all relevant evidence.
  
  
• No conflict of interest or bias for or against complainants or respondents generally or for or against an individual complainant or respondent.
  
  
• The right to an advisor of choice, who may be, but is not required to be, an attorney. 
  
  
• No Retaliation.

 

How long will the grievance process take?
The grievance process (up to and including an appeals determination, if applicable) will be completed in a reasonably prompt time frame, which the District designates as 120 school days from receipt of the formal complaint.

Temporary delays or limited extensions of time frames may be permitted for good cause with written notice to the complainant and respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as 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.


What is the standard of evidence for determining responsibility?
The standard of evidence to be used for determining responsibility under this grievance procedure (and for all formal complaints of sexual harassment, including formal complaints against employees and students) is the preponderance of the evidence standard.


What happens during the investigation phase of the grievance process?
Upon receipt of a formal complaint, the Title IX Coordinator will provide the known parties written notice of: the grievance process (including informal resolution), allegations of sexual harassment, and other information required by Title IX and its regulations.

The specific steps of the investigation will vary based on the nature of the allegations and other factors. However, the District’s inquiry will be prompt, thorough, and impartial. The burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not the parties.

The investigation may include, but is not limited to, the following:

• Interviews of the parties and/or witnesses;
• Requests for written statements from the parties and/or witnesses; and/or
• Review and collection of relevant documentation or information.
  
  

Both parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which the District does not intend to rely in reaching a determination of responsibility.

The investigator will create an investigative report that fairly summarizes the relevant evidence. Prior to completion of the investigative report, the District will send to each party (and their advisor(s), if any) the evidence subject to inspection and review. The parties will have 10 school days to submit a written response, which the investigator will consider prior to completion of the investigative report. 

The investigator will send the final investigative report to each party (and advisor(s), if any) for their review and written response at least 10 days prior to providing a copy of the final investigative report to the decision-making panel. The investigative report will be advisory in nature and will not bind the decision-making panel to any particular decision, course of action, or remedial measure.


What happens after the investigative report has been finalized?
After receiving a copy of the investigative report and the parties’ written responses (if any), the decision-making panel will give each party the opportunity to submit written, relevant questions that the party wants asked of any other party or witness. The decision-making panel will provide each party with the answers to those questions and will allow for additional, limited follow-up questions from each party.

The decision-making panel will then issue a written determination regarding responsibility in accordance with Title IX and its regulations. The written determination will include, among other things, the findings of fact supporting their determination, the rationale for their determination, and any disciplinary sanctions imposed on the respondent and/or remedies designed to restore or preserve equal access to the District’s education program or activity for the complainant.


Can I appeal the panel’s determination?
Any party can appeal the decision-making panel’s determination regarding responsibility within 10 school days of its issuance. Any party may file an appeal by making a written request to the Title IX Coordinator detailing the reason for the appeal.

Parties can appeal on the following bases:

• Procedural irregularity that affected the outcome of the matter;
  
  
• New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
  
  
• The Title IX Coordinator, investigator, or decision-making panel had a conflict of interest or bias for or against complainants or respondents generally or against the individual complainant or respondent that affected the outcome of the matter.
  
  

Parties also have the right to appeal the District’s mandatory or discretionary dismissal decision.


What is the appeal process?
Upon receipt of a timely appeal, the Title IX Coordinator will notify the parties that an appeal has been filed. The Title IX Coordinator will also appoint a reviewer to consider the appeal and notify the parties of the selected reviewer.

The reviewer will notify the parties of the appeal procedures and set a schedule for the parties to submit a written statement in support of, or challenging, the decision-making panel’s determination. 

Upon reviewing both parties’ statements, the reviewer will issue a reasoned written decision describing the result of the appeal and rationale for the result. The reviewer’s decision will be final and binding on the parties.


What remedies are available under this grievance procedure?
Remedies under this grievance procedure must be designed to restore or preserve equal access to the education program or activity. For students, the range of possible remedies may include but is not limited to: restorative conversations, safety escorts, or change of classes. For employees, the range of possible remedies may include but is not limited to: restorative conversations, no-contact order, or change of work assignment. The Title IX Coordinator is responsible for effective implementation of any remedies.

This grievance procedure may also provide for discipline or recommendations for discipline where a determination of responsibility for sexual harassment has been made against the respondent. For students, the range of possible discipline may extend from verbal counseling up to and including expulsion. For employees, the range of possible discipline may extend from verbal counseling up to and including termination. Recommendations for discipline will be pursued according to applicable District policies and procedures. 


Is there an option for informal resolution?
At any time after a formal complaint has been filed (but before a determination regarding responsibility), the District may offer the parties the opportunity to engage in informal resolution of the formal complaint. However, informal resolution may not be offered or utilized where the allegations involve an employee sexually harassing a student.

The District must obtain the parties’ voluntary, written consent to the informal resolution process. The Title IX Coordinator must also provide the parties with a written notice as prescribed by Title IX and its regulations.

At any time prior to agreeing to a resolution resulting from an informal resolution process, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

To review website Title IX information provided by the US Department of Health and Human Services please review their website at https://www.hhs.gov/  

To review website Title IX information provided by the Special Ed Connection please review their website at https://www.specialedconnection.com

To review website Title IX information provided by Know Your IX please review their website at https://www.knowyourix.org/

To review sex trafficking prevention training for ages 8-11 years old, visit www.freedomfwd.org