TITLE IX

WHAT IS TITLE IX?

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.

Title IX states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified or participated in any complaint action under Title IX.

Title IX Roles and Process


Title IX Coordinator information shall be provided to the following:


  1. All applicants for admission and employment

  2. Parents or legal guardians of students

  3. Employees

  4. All unions or professional organizations holding professional agreements with the recipient


To File a Complaint


Title IX Coordinator Paul Eaton

6378 VT Route 7A, Sunderland, VT 05250

802-362-2452 Ext. 1523 (office)

802-362-2455 (fax)

peaton@brsu.org


Any individual designated by the District as a Title IX Coordinator shall be free of conflict of interest or bias for or against Complainants or Respondents.


Title IX Coordinator Duties:

  • Respond to general reports and formal complaints of sexual harassment

  • Contact the complainant (or their parent/guardian) to discuss supportive measures.

  • Explain to the complainant the process for filing a Formal Complaint of Sexual Harassment

  • Signing and/or receiving Formal Complaints of Sexual Harassment and in these cases, commencing the Title IX Grievance Process.

  • Coordinating the effective implementation of supportive measures.

  • Coordinating the District's efforts to comply with its responsibilities related to the Title IX Grievance Process.


Any person may report sex discrimination, including sexual harrassment (whether or not the person reporting is alleged to be the victim), in person, by mail, by telephone, or by email using the Title IX Coordinator’s contact information, or by any other means that results in the Title IX Coordinator receiving the verbal or written report. A report can be made at any time.


NOTE: Teachers/Staff/Administrators may also receive reports. In those cases they must immediately convey those reports to the Title IX Coordinator


The link to the formal complaint form is at the bottom of this page.


Title IX Investigator


Individual assigned to investigate a Formal Complaint of Sexual Harassment shall be free of conflict of interest or bias for or against Complainants or Respondents.


Title IX Investigator Duties:

  • Investigators shall be responsible for conducting Sexual Harassment investigations as set forth in the Title IX Act



Initial Decision Maker


Principal of the school building where the sexual harassment complaint originated.


Initial Decision Maker Duties:

  • Must issue a written decision regarding responsibility and any disciplinary sanctions based on preponderance of the evidence

  • Distribute the decision of responsibility and how to file an appeal, to both parties simultaneously

  • Receive and review written responses from both parties

  • Finalize written Determination



Appellate Decision Maker


The Appellate Decision maker will be a Principal for their Title IX partner school indicated below.


  • MEMS and Sunderland

  • Flood Brook and Currier

  • Mettawee and Dorset


Appellate Decision Maker Duties:

  • Cannot be the same person as the Initial Decision Maker

  • Provide a written determination of Appeal after considering the evidence

  • Will only overturn the Initial Decision if it was CLEARLY erroneous

  • If there is new evidence the Appellate Maker can either make a decision or refer it back to the appropriate stage of the process


Title IX Grievance Process


If any District employee receives information of conduct which may constitute sexual harassment, they shall, WITHOUT DELAY, inform the Title IX Coordinator of the alleged harrassment. Failure to report will subject the employee to discipline up to and including dismissal.


  1. Staff/Teacher fills out a Student Conduct Form. This goes to a Designee of the Title IX Coordinator or to the Title IX Coordinator directly. If given to the Designee, they must get it to the Title IX coordinator immediately.

  2. If the Title IX Coordinator issues a Formal Complaint of sexual harassment, or if they get a formal complaint from the Complainant (or their parent/guardian), this formally triggers the Title IX Grievance Process.

  3. Before the District can conduct an investigation, a Formal Complaint of Sexual Harassment, containing an allegation and a request that the District investigate is required.

  4. If there is no formal complaint received or filed, the district still must respond when there is ACTUAL KNOWLEDGE of sexual harassment.



After a formal complaint is recognized


  1. The Title IX Coordinator issues a Notice of Complaint to involved parties then:

a. The Title IX Coordinator meets with the Complainant and Respondent separately (each party is allowed a single support person who may or may not be a lawyer). Offers/Implements Supportive Measures (Actions to restore or preserve access to the educational program or activity).

b. Implements a No Contact Agreement during the grievance process

c. Removes any party that poses an immediate threat to physical safety or health (after a safety and risk analysis).

  1. The complaint may be dismissed or an Informal Resolution may take place. If neither of these are the case, an investigation must take place.

  2. The Title IX Investigator conducts interviews, and collects data then:

a. Data and Findings of fact must be shared with Complainants and Respondents simultaneously

b. Receives written response from both parties

c. Finalizes investigative report

  1. The Decision-Maker issues a written decision regarding responsibility and any disciplinary sanctions after analyzing relevant investigation evidence based on the preponderance of evidence standard.

a. Findings and procedure for appeal are simultaneously distributed to the Complainant and the Respondent.

b. Receive and review responses from both parties

c. Finalize the written determination

  1. Appeal Process: Both parties are afforded the opportunity to appeal a determination regarding responsibility or dismissal of complaint on the following basis:

a. Procedural Irregularity

b. Newly discovered evidence (that may impact the outcome)

c. Title IX personnel with conflict or bias that affected the outcome

Title IX Grievance Process Flow Chart

Title IX Grievance Process Flow Chart.pdf

Printable documents


  1. Formal Complaint of Sexual Harassment Prohibited by Title IX Form