If the conduct alleged in the formal complaint would not constitute sexual harassment as defined
in this policy even if proved, did not occur in the school district’s education program or activity,
or did not occur against a person in the United States, then the school district must dismiss the
formal complaint under these procedures, but could investigate it under other policies and
procedures. The school district must send written notice of any dismissal.
Investigations to allegations of sexual harassment will be prompt and the formal process will be
completed within a sixty day timeframe where feasible. There may be a temporary delay of the
grievance process or the limited extension of time frames for good cause with written notice to
the complainant and the respondent of the delay or extension and the reasons for the action.
Good cause may include considerations such as the absence of a party, a party’s advisor, or a
witness; concurrent law enforcement activity; or the need for language assistance or
accommodation of disabilities.
Written Notice
Before any investigation can begin, the district must send written notice to both parties including
sufficient details. Sufficient details include the identities of the parties involved in the incident, if
known, the conduct allegedly constituting sexual harassment, and the date and location of the
alleged incident, if known. The written notice must include a statement that the respondent is
presumed not responsible for the alleged conduct and that a determination regarding
responsibility is made at the conclusion of the grievance process. 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. The written notice must inform the parties
that the District’s code of conduct prohibits knowingly making false statements or knowingly
submitting false information during the grievance process.
If additional allegations are added during the course of the investigation, additional written
notice must be provided.
Informal Resolution
Where appropriate, after notice has been issued, the Title IX Coordinator should also consider
offering the parties an option for informal resolution (e.g., mediation). Informal resolution may
only be offered after a formal complaint is filed, and the parties must give written consent to
engage in this process. Informal resolution may not be used if the allegation is against an
employee respondent. Facilitators of informal resolution will be designated by the Title IX
Coordinator and must not be biased against any of the parties.
Informal resolution is entirely voluntary. Complainants may elect to pursue formal procedures at
any step in the process of making their complaint, even if informal resolution has already begun.
Similarly, respondents may elect to follow formal procedures and decline informal resolution.
If the complainant and the respondent feel that their grievances have been sufficiently addressed
via informal resolution, then no further action needs to be taken. This voluntary conversation
must occur within five (5) school days after receiving the complaint of discrimination or
harassment, unless both parties agree otherwise. The results of an informal resolution shall be
maintained by the facilitator, in writing.
If the complainant is not satisfied with the resolution from the informal process, or if he/she does
not choose informal resolution, then he/she can begin the formal complaint procedure described
below.
Investigation
If informal resolution is not offered to or accepted by the parties, the Title IX Coordinator will
designate an investigator and a decision maker, who may not be the same person. The Title IX
Coordinator is free to cast himself/ herself in either role, where appropriate.
The investigator must not be biased against any of the parties at the outset of the investigation.
The investigator will be responsible for interviewing parties and witnesses, finding facts, and
making determinations related to credibility, all of which will go into a written report. The
investigator must avoid all questions that are protected by legal privilege, unless the privilege has
been waived, and should avoid asking about the complainant’s sexual history unless it is directly
relevant to prove consent to the conduct at issue or to prove that the conduct was committed by
someone other than the respondent.
Prior to completion of the investigative report, the school district will 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 investigator must avoid making any final determinations of responsibility for sexual
harassment.
Findings should be written in a factual way in an investigative report. Credibility determinations
may not be based on an individual’s status as complainant, witness, or respondent.
During the investigative process and any further hearings, complainants and respondents have a
right to have advisors of their choice participate in all aspects of the proceedings. The district
will provide both parties with written notice of investigative interviews, meetings, and hearings,
with sufficient time to prepare.
Findings of Responsibility
After the investigator has completed the investigation, the designated decision-maker will be
assigned to determine final responsibility or lack thereof for violating Title IX. The decision-maker must not be biased against any of the parties at the outset of this process.
Before the district can determine responsibility, an investigative report will be sent to the parties
and the decision-maker will offer both the complainant and respondent the opportunity to submit
proposed relevant, written questions to ask of any party or witness, to respond to questions posed
by another party, and to offer additional limited follow-up. 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 relevant.
After this process is complete, the decision-maker will create a written determination regarding
whether sexual harassment has occurred using a preponderance of the evidence standard.
A “preponderance of the evidence” means that it is more likely than not that the alleged conduct
occurred. The decision-maker shall further recommend what action, if any, is required. If it is
determined that sexual harassment occurred, the District will take steps to prevent the recurrence
of the harassment and correct its discriminatory effect on the complainant and others if
appropriate. Such remedies may include supportive measures.
The written determination must be issued to both parties simultaneously and must include:
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Identification of the allegations potentially constituting sexual harassment;
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A description of the procedural steps taken from the receipt of 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;
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Findings of fact supporting the determination;
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Conclusions regarding the application of the recipient’s code of conduct to the facts;
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A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes
on the respondent, and whether remedies designed to restore or preserve equal access to
the recipient’s education program or activity will be provided by the recipient to the
complainant; and
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The district’s procedures and permissible bases for the complainant and respondent to
appeal (a copy of, or direct reference to, this policy will suffice).
Formal disciplinary actions may be imposed in the event that the preponderance of the evidence
indicates a violation of this policy, up to and including expulsion or termination. Any
disciplinary action will be in accordance with due process rights under State law and any
applicable collective bargaining agreement.
As indicated above, these procedures do not limit the District from removing a student or
employee from a program or activity on an emergency basis based on immediate threats to
people’s physical health or safety or placing an employee on administrative leave during the pendency of the investigation.