Code of Conduct - Hate and Discrimination 

Poudre School District is committed to the policy that no otherwise qualified individual shall be denied access to, be excluded from participation in, be denied the benefits of, or be subjected to unlawful discrimination under, any District program or activity on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability. Poudre School District R-1 does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability in access or admission to, or treatment or employment in, its programs or activities.

This notice is provided as required by Title VI & VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and Colorado law. Questions, complaints, or requests for additional information regarding these laws may be forwarded to the designated compliance officer listed below or directly to the U.S. Department of Education, Office for Civil Rights, 1244 North Speer Blvd., Suite 310, Denver, Colorado 80204.

Compliance Officers: Officers are located at the Johannsen Support Services Complex administrative building, 2407 Laporte Avenue, Fort Collins, CO 80521 

Title IX Coordinator/ADA: Liz Davis, Senior Executive Director of Student Services (970-490-3033), edavis@psdschools.org 

Title VII: Emily Bickerton, Director of Human Resources, (970-490-3314), ebickerton@psdschools.org 

Title VI: David Autenrieth, Director of Language, Culture & Equity (970-490-3219​​), dautenri@psdschools.org 

Policy AC: Nondiscrimination/Equal Opportunity (PDF)

Poudre School District is committed to the policy that no otherwise qualified individual shall be denied access to, be excluded from participation in, be denied the benefits of, or be subjected to unlawful discrimination under, any District program or activity on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability. The District does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability in access or admission to, or treatment or employment in, its programs or activities. Harassment based on the foregoing protected classifications is a form of unlawful discrimination, and is separately addressed in District Policies GBAA and JBB.

For purposes of this policy, these terms have the following meanings:

• “Gender expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, and behavior.

• “Gender identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth.

• “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

• “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, and head wraps.

•  “Sexual orientation” means an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.

■    Nondiscrimination/Equal Educational Opportunities with Respect to Students
No otherwise qualified student shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any District program or activity on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability. This policy shall apply to access to and participation in educational activities, course offerings, athletics, counseling, employment assistance and extracurricular activities. Every student of this District shall have equal educational opportunities regardless of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability.

■        Nondiscrimination/Equal Employment Opportunity with Respect to Employees and Applicants for Employment
It is the policy of Poudre School District to provide equal employment opportunity. The District does not unlawfully discriminate in employment decisions, or the treatment of employees or applicants for employment, on the basis of race; color; creed; religion; national origin; ancestry; sex; pregnancy, physical recovery from childbirth or a related condition; sexual orientation; gender identity; gender expression; marital status; veteran status; age; genetic information; or disability. The District’s commitment to equal employment opportunity and nondiscrimination includes all areas of employment, including but not limited to job advertising, recruitment, selection, hiring, job training, compensation, fringe benefits, job classification, promotion and termination.

■    Nondiscrimination/Equal Opportunity with Respect to Parents, Guardians and Members of the Public
No otherwise qualified parent/guardian or member of the public shall be denied access to, be excluded from attendance at or participation in, be denied the benefits of, or be subjected to unlawful discrimination under, any District program or activity on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability.

■    Reports and Complaints of Unlawful Discrimination and Harassment
Any student, parent/guardian of a student, community member or employee who believes they have been a victim of unlawful discrimination or harassment as defined in Board policy and supporting regulations is encouraged to report it or file a complaint as provided in District Regulation AC-R1, except that reports and complaints of unlawful discrimination based on disability should be made as provided in District Policy ACE and reports and complaints of sexual harassment should be made as provided in District Regulation AC-R2. Any student, parent/guardian of a student, community member or employee who witnesses unlawful discrimination or harassment is encouraged to report it as provided in District Regulation AC-R1, AC-R2 or District Policy ACE.

The District shall take appropriate action to promptly and impartially investigate allegations of unlawful discrimination; shall promptly take effective action to stop unlawful discrimination when it is discovered and take steps to prevent a reoccurrence; shall impose appropriate sanctions on offenders in a case-by-case manner; shall take steps to protect anyone participating in good faith in an unlawful discrimination report, complaint or investigation from retaliation; and shall protect the privacy of all those involved in unlawful discrimination reports and complaints as required by law. Reports and complaints that appear to involve criminal law violations will also be referred to law enforcement authorities.

■    Compliance Officers
District compliance with this policy shall be the responsibility of, and reports and complaints of discrimination based on these protected classifications should be directed to:
For District students and community members:
Director of Student Services/Title IX Coordinator 2407 Laporte Avenue
Fort Collins, Colorado 80521 Phone: (970) 490-3033
For District employees:
Executive Director of Human Resources 2407 Laporte Avenue
Fort Collins, Colorado 80521 Phone: (970) 490-3620

■    Annual Notice
The District will issue a written notice prior to the beginning of each school year that advises students, parents, employees, and the general public that the educational programs, activities, and employment opportunities offered by the District are offered without regard to race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, veteran status, age or disability. With respect to employment practices, the District will also issue a written notice that it does not discriminate on the basis of age, genetic information, or conditions related to pregnancy or childbirth. The announcement will also include the name, address, email address, and telephone number of the person(s) designated to coordinate Title IX, Section 504, and ADA compliance activities.

Policy AC-R1: Reporting Discrimination/District Response to Discrimination Complaints (PDF)

The District must take appropriate action to promptly and impartially investigate allegations of unlawful discrimination, which includes harassment; promptly take effective action to stop unlawful discrimination/harassment when it is discovered and take steps to prevent a reoccurrence; impose appropriate sanctions on offenders in a case-by-case manner; take steps to protect anyone participating in good faith in an unlawful discrimination/harassment report, complaint or investigation from retaliation; and protect the privacy of all those involved in unlawful discrimination/harassment reports and complaints as required by law. Reports and complaints that appear to involve criminal law violations will also be referred to law enforcement authorities.

Reports and complaints of unlawful discrimination/harassment, except discrimination/harassment based on disability or reports and complaints of sexual harassment, must be handled in accordance with the procedures set forth in this regulation and may be submitted orally or in writing. Reports and complaints of unlawful discrimination/harassment based on disability may be made orally or in writing in accordance with the procedures specified in District Policy ACE. Reports and complaints of sexual harassment as defined in AC-R2 may be made in accordance with the procedures specified in District Regulation AC-R2. Reports of non-sexual harassment sex discrimination may be made in accordance with this Regulation.

■    Definitions

• As used in this regulation, “Compliance Officer” means the employee designated by the superintendent to receive and coordinate the handling of reports and complaints of alleged unlawful discrimination/harassment.

  • The Compliance Officer for handling reports and complaints of unlawful discrimination/harassment, including discrimination/harassment on the basis of disability under Section 504, against students and community members is the director of student services, 1502 S. Timberline Road, Fort Collins, Colorado 80524, (970) 490-3033.

  • The Compliance Officer for handling reports and complaints of sexual harassment and non-sexual harassment sex discrimination is the Title IX Coordinator, 1502 S. Timberline Road, Fort Collins, Colorado 80524, (970) 490-3033.

  • The Compliance Officer for handling reports and complaints of unlawful discrimination/harassment against employees is the executive director of human resources, 2407 Laporte Avenue, Fort Collins, Colorado 80521, (970) 490-3620.

• As used in this regulation, “aggrieved individual” means a student, the parents or guardians of a student under the age of 18 acting on behalf of a student, a community member or an employee who is directly affected by and/or is witness to an alleged violation of a District policy prohibiting unlawful discrimination/harassment.

■    Initial Processing of Reports and Complaints
Aggrieved individuals are encouraged to promptly report incidences of discrimination/harassment as provided in this regulation and other applicable District policies. All reports received by teachers, counselors, principals and other District employees shall be promptly forwarded to the appropriate Compliance Officer as specified above. If the specified Compliance Officer is the individual alleged to have engaged in the prohibited conduct, the report shall be forwarded to the other Compliance Officer. The responsible Compliance Officer or Compliance Officer’s designee shall document the report and follow up as necessary to ensure that to the extent possible the documentation includes a detailed description of the alleged events, the dates the alleged events occurred and names of the parties involved, including any witnesses.

Any aggrieved individual may file a complaint with the appropriate Compliance Officer as specified above charging the District, a student or a District employee with unlawful discrimination or harassment. If the specified Compliance Officer is the individual alleged to have engaged in the prohibited conduct, the complaint shall be filed with the other Compliance Officer. A complaint should be in writing unless the person filing the complaint (the “Grievant”) has a disability that prevents the grievant from submitting a complaint in writing. If the complaint is submitted orally, the Compliance Officer will document the complaint in writing and give the grievant an opportunity to review and ask for any corrections to the documentation of the complaint. All complaints shall to the extent possible include a detailed description of the alleged events, the dates the alleged events occurred and names of the parties involved, including any witnesses. Aggrieved individuals will be permitted to present witnesses and other evidence in support of their complaint.

Reports and complaints shall not be accepted for investigation more than 180calendar days after the last date on which the alleged harassment or discrimination occurred, except that extensions may be granted upon a showing that the aggrieved individual was prevented from timely filing as a result of circumstances beyond his/her control.

Upon receiving the report or complaint, the Compliance Officer or Compliance Officer’s designee shall confer with the aggrieved individual and/or the alleged victim of the unlawful discrimination/harassment as soon as is reasonably possible to obtain a clear understanding of the basis of the report/complaint.

Following the initial meeting with the aggrieved individual and/or alleged victim, the Compliance Officer or Compliance Officer’s designee shall attempt to meet with the individual alleged to have engaged in the prohibited conduct and, if that individual is a student, with his or her parents/guardian, in order to obtain a response to the report or complaint. Such person(s) shall be informed of all allegations that, in the Compliance Officer’s or designee’s judgment, are necessary to achieve a full and accurate disclosure of material information or to otherwise resolve the report/complaint.

At the initial meetings, the Compliance Officer or Compliance Officer’s designee shall explain the avenues for informal and formal action, provide a description of the process, and explain that both the victim and the individual alleged to have engaged in prohibited conduct have the right to exit the informal process and request a formal resolution of the matter at any time.

The Compliance Officer or designee shall also explain that whether or not the aggrieved individual files a written complaint or otherwise requests action, the District is required by law to take steps to correct the unlawful discrimination/harassment and to prevent recurring unlawful discrimination, harassment, or retaliation against anyone who makes a report or participates in an investigation. The Compliance Officer or designee shall also explain that any request for confidentiality shall be honored so long as doing so does not preclude the District from responding effectively to prohibited conduct and preventing future prohibited conduct.

■    Informal Action
If the aggrieved individual and/or the individual alleged to have engaged in the prohibited conduct requests that the matter be resolved in an informal manner and/or the Compliance Officer or Compliance Officer’s designee believes that the matter is suitable to such resolution, the Compliance Officer or designee may attempt to resolve the matter informally through mediation, counseling or other non-disciplinary means. If both parties feel a resolution has been achieved through the informal process, then no further compliance action need be taken. No party may be compelled to resolve a report or complaint of unlawful discrimination/harassment informally and either party may request an end to the informal process at any time.

Informal resolution may not be used to process reports or complaints against a District employee and may not be used between students where the underlying offense involves sexual assault or another act of violence.

■    Formal Action
If informal resolution is inappropriate, unavailable or unsuccessful, the Compliance Officer or Compliance Officer’s designee shall promptly and impartially investigate the allegations to determine whether and/or to what extent unlawful discrimination/ harassment has occurred.

The Compliance Officer or Compliance Officer’s designee shall prepare written findings and recommendations, as appropriate, and submit them to the superintendent within forty (40) calendar days following the Compliance Officer’s receipt of the report or complaint, or within thirty (30) calendar days following the termination of the informal resolution process. The Compliance Officer’s or designee’s recommendations shall be advisory and shall not bind the superintendent or the District to any particular course of action or remedial measure.

Within twenty (20) business days after receiving the Compliance Officer’s or designee’s findings and recommendations, the superintendent or superintendent’s designee shall determine whether any sanctions or other action, including disciplinary action, is appropriate and should be imposed. Also within twenty (20) business days after receiving the Compliance Officer’s or designee’s findings and recommendations, and to the extent permitted by law, all parties, including the parents/guardians of all students involved, shall be notified in writing of the investigation findings and the superintendent’s or designee’s determination regarding sanctions and/or other action taken to address the matter.

■    Appeals / Outside Agencies
If the aggrieved individual is not satisfied with the written findings or determination of the superintendent or superintendent’s designee, he/she may pursue any remedy or litigation authorized by law.

Complaints regarding violations of Title VI, (race, national origin), Title IX (sex/gender) and Section 504/ADA (disability) may be filed directly with the Office for Civil Rights, U.S. Department of Education, 1244 North Speer Blvd., Suite 310, Denver, CO 80204.

Complaints regarding violations of Title VII (employment) and the ADEA (prohibiting age discrimination in employment) may be filed directly with the Federal Office of Equal Employment Opportunity Commission, 303 E. 17th Ave., Suite 410, Denver, CO 80202, or the Colorado Civil Rights Commission, 1560 Broadway, Suite 1050, Denver, CO 80202.

 Policy AC-R2: Sexual Harassment Investigation Procedures (PDF)

The District is committed to maintaining a learning environment that is free from sex-based discrimination, including sexual harassment. It is a violation of District Policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature, or to retaliate against anyone that reports sex-based discrimination or harassment or participates in a harassment investigation.

Definitions
For purposes of this Regulation, these terms have the following meanings:

• “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

• “Decision-maker” means an individual trained to assess the relevant evidence, including party and witness credibility, and decide if the District has met the burden of proof showing the respondent is responsible for the alleged sexual harassment. The decision maker may not be the Title IX Coordinator or the investigator.

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

• “Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.

•  “Investigator” means an individual trained to objectively evaluate the credibility of parties and witnesses, synthesize all available evidence - including both inculpatory and exculpatory evidence - and take into account the unique and complex circumstances of each situation. The investigator may be the Title IX Coordinator, but cannot be the decision-maker.

• “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

• “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

  • An employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);

  • Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or

  • Sexual assault as defined in 20 U.S.C. 1092(f )(6)(A)(v), dating violence as defined in 34 U.S.C. 12291(a)(10), domestic violence as defined in 34 U.S.C. 12291(a)(8), or stalking as defined in 34 U.S.C. 12291(a)(30).

• “Supportive measures” mean non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, without fee or charge, to the complainant or respondent, before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may include counseling, extensions of escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the school, and other similar measures.

• “Title IX Coordinator” means the employee designated by the District to coordinate its efforts to comply with Title IX responsibilities. The District’s Title IX Coordinator is:

  • Director of Student Services, 2407 Laporte Avenue Fort Collins, CO 80521 (970) 490-3033

Reporting Sex Discrimination, Including Sexual Harassment
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. Reports may be made in person, by mail, by telephone, by electronic mail, using the form on the District’s website, 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. Reports of sexual harassment as defined in this Regulation will be addressed as described herein. Reports of other conduct that could constitute sex discrimination will be addressed as described in District Regulation AC-R1.

The Title IX Coordinator or designee must promptly contact the complainant to discuss the availability of supportive measures and explain to the complainant the process for filing a formal complaint. Supportive measures may be provided with or without the filing of a formal complaint.

Filing a Formal Complaint
A complainant, or a parent/guardian with the legal right to act on the complainant’s behalf, may file a formal complaint. Complaints must be filed in writing and signed by the complainant. Complaints may also be filed and signed by the Title IX Coordinator. Forms for this purpose are available on the District’s website or at each school’s office. Completed forms must be filed with the Title IX Coordinator. If a complaint form is given to a district employee, the district employee will promptly forward the complaint to the Title IX Coordinator. If the named respondent is the Title IX Coordinator, the complaint form may be filed with the executive director of human Resources. Complaints must be filed within 180 calendar days of the event giving rise to the complaint or from the date the complainant could reasonably become aware of such occurrence. The complainant will receive assistance as needed in filing a complaint.

Retaliation against the complainant, respondent, or any person who filed a complaint, participated or assisted in an investigation, is prohibited. Examples of prohibited retaliation would include attempts to intimidate, threaten, coerce, or discriminate against any individual who filed a complaint or participated in an investigation. Individuals found to have engaged in retaliatory behavior will be subject to disciplinary measures.

The District may remove a respondent from the District’s education program or activity on an emergency basis only if the District determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of the sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following removal. Any emergency removal must be made in compliance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, as applicable.

The District may place an employee respondent on administrative leave during the pendency of this process.

Dismissal of Formal Complaint
Once a formal complaint is received, the Title IX Coordinator or designee will first determine if the alleged conduct occurred in the District’s education program or activity. If the alleged conduct is not part of the education program or activity, or did not occur in the United States, the formal complaint must be dismissed under this Regulation. A dismissal does not prohibit the complainant from pursuing other remedies under state or federal law or District policy, nor does it prohibit the District from addressing the allegations in any manner the District deems appropriate. If the complaint is dismissed, the District may follow the procedures in District Regulation AC-R1 to investigate the alleged conduct. The District may also offer supportive measures as appropriate.

The Title IX Coordinator or investigator may dismiss the formal complaint if the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations contained within the formal complaint; the respondent is no longer enrolled or employed by the District; or specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations contained within the formal complaint.

Upon mandatory or permissive dismissal, the District must send written notice of such dismissal and the reasons for dismissal simultaneously to the parties.

Investigation of Formal Complaint
If the Title IX Coordinator or designee determines the alleged conduct falls under this Regulation, the investigator will begin the investigation in a reasonably prompt manner. The Title IX Coordinator or designee will promptly contact the complainant to discuss available supportive measures.

At the initiation of the investigation, the investigator must provide written notice of the allegations to the parties involved and provide sufficient time to prepare a response before conducing any initial interviews.

The investigator must apply a presumption that the respondent is not responsible for the alleged conduct during the course of the investigation. No disciplinary sanctions or other actions that are not supportive measures may be imposed against the respondent until completion of the investigation and determination of responsibility. The investigator will protect the complainant from inappropriate questions and evidence about the complainant’s prior sexual history.

The investigator must adhere to all timeframes. A temporary delay or limited extension of the timeframes during the investigation may be requested by either party or the investigator for good cause. If a timeframe is delayed or extended, the investigator will notify the complainant, respondent, and decision-maker.

The investigator will, as appropriate:

• Request the complainant to provide a written statement regarding the nature of the complaint;

• Request for respondent to provide a written statement;

• Request for witnesses identified during the course of the investigation to provide a written statement;

• Interview of the complainant, respondent, or witnesses. The investigator will provide an equal opportunity for the parties to present witnesses; and

• Collect and objectively evaluate documentation and all evidence or information deemed relevant to the investigation.

Prior to completion of the investigative report, the investigator must send to each party the evidence gathered as part of the investigation in an electronic format or a hard copy. The parties will have 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

After finalizing the report, the investigator will provide a copy to the complainant and respondent and will wait 10 days before providing the report to the decision-maker. The investigator’s report must be advisory and must not bind the decision-maker to any particular course of action or remedial measure.

Decision
The decision-maker must afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness. The decision-maker must provide each party with the answers and allow for additional, limited follow-up questions from each party.

The decision-maker will apply the preponderance of the evidence standard when making a decision and must notify the complainant and respondent simultaneously in writing of the decision. The decision must include a written determination regarding responsibility, explain how and why the decision-maker reached the conclusions outlined in the report, and detail any recommended disciplinary measures to be taken in response to the conduct. The decision of the decision-maker in no way prejudices either the complainant or the respondent from seeking redress through state or federal agencies, as provided in law.

Appeal
The investigation is closed after the decision-maker issues a decision, unless either party appeals the decision within 10 days by making a written request to the decision-maker. The grounds for an appeal are limited to the following bases:

• Procedural irregularity that affected the outcome of the matter;

• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; and

• The Title IX Coordinator, investigator, or decision-maker 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.

If a party files an appeal, the District will notify the other party in writing. The decision-maker for the appeal may not be the same decision-maker that reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator.

Once an appeal has been filed, both parties will have 10 days to submit a written statement in support of, or challenging, the outcome. The decision-maker(s) for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. The written decision shall be provided to both parties simultaneously.

Informal Resolution
If a formal complaint has been filed, at any time prior to reaching a decision, the parties may choose to participate in an informal resolution process, such as mediation. Both parties must voluntarily consent in writing to the informal resolution process. This informal resolution process will not be available to resolve allegations that an employee sexually harassed a student. The District will follow the process for informal resolution outlined in District Regulation AC-R1.

Notice and Training
To reduce unlawful discrimination and harassment and ensure a respectful school environment, the District shall provide notice of these procedures to all District schools and departments. The Regulation must be prominently posted on the District’s website, referenced in the Student Rights & Code of Conduct and otherwise be made available to all students, staff, and members of the public through electronic or hard-copy distribution.

District employees will receive periodic training related to handling reports of sexual harassment. Training materials are available to the public on the District’s website.

Policy ACE: Nondiscrimination on the Basis of Disability (PDF)

Poudre School District is committed to the policy of nondiscrimination on the basis of disability under all applicable laws, including but not limited to Section 504 of the Rehabilitation Act of 1973, 20 U.S.C. § 794 (“Section 504”) and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). Section 504 and the ADA provide that no qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any District program or activity. The District does not unlawfully discriminate on the basis of disability in access or admission to, or treatment or employment in, its programs or activities. The prohibition against discrimination includes a prohibition against harassment.

Nondiscrimination with Respect to Students
The District shall provide a free, appropriate public education to each of its students as provided by law. The District shall not discriminate against any student on the basis of disability, including but not limited to exclusion from curricular or extracurricular programs, services or activities.

Nondiscrimination in Employment
The District shall not discriminate against any qualified individual on the basis of disability in regard to job recruitment, application procedures or hiring; advancement in or termination of employment; job training, compensation or benefits; or other terms, conditions or privileges of employment. The District shall make reasonable accommodations to the known physical or mental limitations of any otherwise qualified individual with a disability who is a job applicant or employee, unless the District can demonstrate that the accommodation would impose an undue hardship on District operations or would require modification of the essential functions of the job at issue.

Nondiscrimination with Respect to Parents, Guardians and Members of the Public
The District shall make reasonable accommodations as required by law for members of the public who seek to participate in or enjoy the benefits of District programs, services or activities. The District shall also make reasonable accommodations as required by law for parents/guardians to attend their children’s curricular and extracurricular programs and activities, and to participate on the same basis as parents/guardians who are not disabled in school-related matters concerning their children such as parent- teacher conferences, IEP meetings, Section 504 meetings, disciplinary hearings, and the like.

Section 504/ADA Coordinators
The director of student services shall serve as the District Section 504/ADA coordinator with respect to District students and members of the public, and may be contacted at 1630 South Stover Street, Fort Collins, Colorado 80525; phone (970) 490- 3033. The executive director of human resources shall serve as the District Section 504/ADA coordinator with respect to District employees, and may be contacted at 2407 Laporte Avenue, Fort Collins, Colorado 80521; phone (970) 490-3620. The District Section 504/ADA coordinators shall ensure compliance with applicable laws prohibiting discrimination on the basis of disability, shall formulate procedures and guidelines to implement and administer the terms of this policy, shall coordinate the impartial
investigation of complaints and action taken based on such investigations, and shall monitor District operations and practices to ensure compliance with Section 504, the ADA and other applicable laws prohibiting discrimination on the basis of disability.

Resolution of Disability Discrimination Complaints
The following options for resolution of complaints alleging discrimination on the basis of disability are separate, distinct and voluntary. Neither the District nor any of its employees shall retaliate against any individual for exercising rights provided under Section 504 and/or the ADA, or for good-faith participation in the resolution of a disability discrimination complaint under this policy.

Individuals who believe they have been unlawfully discriminated against by the District on the basis of disability (or their parents/ guardians, in the case of students under 18 years of age and individuals unable to advocate for themselves) may seek to resolve their complaints as set forth in this policy. Whether or not an aggrieved individual files a complaint or otherwise requests action, the District is required by law to investigate allegations of unlawful discrimination of which it is made aware and to take steps to properly address discrimination it determines has occurred. In cases where unlawful discrimination has occurred, the District shall take the necessary steps to prevent its reoccurrence.

An impartial due process hearing may be requested at any time to resolve complaints alleging discrimination on the basis of disability regarding a student’s Section 504 identification, evaluation or educational placement in accordance with the procedure set forth below.

In addition to the grievance and impartial due process hearing procedures described below, complaints alleging discrimination on the basis of disability may at any time be submitted to mediation if agreed to by the complainant and the appropriate District Section 504/ADA coordinator, and/or may be filed with the United States Department of Education, Office for Civil Rights (“OCR”). Contact information for the Denver regional OCR office is: U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, Colorado 80204; phone: (303) 844-5695; TDD: (877) 521-2172; e-mail: OCR.Denver@ed.gov.

Grievance Procedure
Step 1: The complainant should complete Form AC-E (available in the Department of Student Services, the Department of Human Resources, the office at each District school and on the District’s website) and submit the completed Form to the school principal, the department director or the complainant’s supervisor (as applicable). If the complainant is unable to complete the form because of a disability or other legitimate reason, the complainant may have another person complete the Form on his/her behalf or may orally provide the information called for in the form to the appropriate District official. The District official to whom complaint information is orally submitted shall document it on the form, read the information back to the complainant and give the complainant an opportunity to correct the information read back. The principal/director/supervisor shall forward the form to the appropriate District Section 504/ ADA coordinator.

If disability discrimination is being alleged against the principal/ director/supervisor, the form should be filed directly with the appropriate District Section 504/ADA coordinator, and the matter shall thereafter proceed as specified in Step 3. If disability discrimination is being alleged against one of the District Section 504/ADA coordinators, the form should be filed with the other District Section 504/ADA coordinator, and the matter shall thereafter proceed as specified in Step 3.

Complaints shall not be accepted more than ninety (90) calendar days after the alleged discrimination occurred, except that extensions may be granted upon a showing that the complainant was prevented from timely filing as a result of circumstances beyond his/her control.

Step 2: The District Section 504/ADA coordinator’s designee shall promptly conduct an impartial investigation as necessary to determine the relevant facts, shall meet with the person(s) alleged to have engaged in the discrimination to get their account of the matter, and shall meet with the complainant to receive any additional evidence the complainant may wish to present and to attempt to equitably resolve the complaint. At the conclusion of such investigation and meeting(s), the District Section 504/ADA coordinator’s designee shall render a written determination regarding the complaint and provide a copy to: (a) the complainant; (b) the person(s) alleged to have engaged in the discrimination; (c) the member of the superintendent’s cabinet responsible for the school, department or program in which the alleged discrimination occurred; and (d) the appropriate District Section 504/ADA coordinator. The designee’s written determination shall be completed and provided to the specified individuals within thirty (30) calendar days after the District Section 504/ADA coordinator’s receipt of the complaint.

Step 3: If the complainant is not satisfied with the written determination of the complaint rendered by the District Section 504/ADA coordinator’s designee at the conclusion of Step 2, the complainant may appeal that determination to the appropriate District Section 504/ADA coordinator within ten (10) calendar days after receiving it. The appeal should be in writing and describe with specificity the basis of each point of disagreement with the written determination. If the complainant is unable to file the appeal in writing because of a disability or other legitimate reason, the complainant may have another person do so or may orally describe the basis of each point of disagreement with the written determination to the District Section 504/ADA coordinator. In the event of an oral appeal, the District Section 504/ADA coordinator shall document the information provided, read it back to the complainant and give the complainant an opportunity to correct the information read back.

Step 4: The District Section 504/ADA coordinator shall promptly review the appeal, conduct further investigation and/or meet with the complainant as the coordinator deems necessary, and shall render a written decision concerning the appeal within thirty (30) calendar days after receipt of the appeal. Copies of the coordinator’s written decision shall be provided to: (a) the complainant; (b) the person(s) alleged to have engaged in the discrimination; and (c) the member of the superintendent’s cabinet responsible for the school, department or program in which the alleged discrimination occurred.

Step 5: If the complainant is not satisfied with the written decision concerning the appeal rendered by the District Section 504/ ADA coordinator, the complainant may pursue any remedy or litigation authorized by law.

Impartial Due Process Hearing Procedure
A parent/guardian (or the student, if he/she is 18 years of age or older) may file a request with the director of student services for an impartial due process hearing to resolve a complaint alleging discrimination on the basis of disability regarding astudent’s section 504 identification, evaluation or educational placement. The request must state with specificity each issue the complainant wishes to have decided through the hearing process, and for each such issue must also state the remedy sought by the complainant. The request for an impartial due process hearing must be filed no later than five (5) months after the last date on which the alleged discrimination occurred, and should be in writing. If the complainant is unable to file the request in writing because of a disability or other legitimate reason, the complainant may have another person do so or may orally state to the director of student services each issue he/she wishes to have decided through the hearing process, and for each such issue the remedy he/she is seeking. In the event of an oral request for hearing, the director of student services shall document the information provided, read it back to the complainant and give the complainant an opportunity to correct the information read back.

The complainant and the District each have the right to be represented by legal counsel at the impartial due process hearing and in connection with any prehearing matters. If the complainant will be represented by legal counsel at the hearing, he or she must notify the District of that fact at the time the hearing is requested. If the District will be represented by legal counsel at the hearing, it must notify the complainant of that fact within three (3) business days of receiving the hearing request. Parties who choose to be represented by legal counsel shall be responsible for the payment of all costs and legal fees charged by their counsel.

Upon the director of student services’ receipt of an appropriate request for impartial due process hearing, the District shall retain an independent hearing officer who is knowledgeable about Section 504 and the ADA. The hearing officer shall coordinate with the parties to set a date, time and place for the hearing within thirty (30) calendar days of the initial request or as soon thereafter as reasonably practicable; shall advise the parties in advance regarding applicable hearing procedures and rules of evidence; and shall issue any prehearing orders deemed necessary or advisable.

The impartial due process hearing shall be recorded. Each party shall have the right to present witnesses, documents and other relevant evidence in support of their case. The independent hearing officer shall issue a written decision within ten (10) business days after the conclusion of the hearing that addresses each of the issues properly submitted. The hearing officer’s decision shall:
(a) be confined to matters concerning the student’s section 504 identification, evaluation or educational placement; (b) be based solely on relevant evidence introduced at the hearing; (c) include a summary of the relevant evidence presented and the reasons for the decision rendered; and (d) be provided to all parties to the hearing, including the parents/guardian of each student. The hearing officer may not assess or award attorney fees related to the hearing.

After the independent hearing officer has issued his/her decision, the recording of the impartial due process hearing, all physical and documentary evidence and all other items comprising the record of the hearing shall be returned to the District.

Within thirty (30) calendar days of receipt of the independent hearing officer’s written decision, either party may seek review of the decision in a court of competent jurisdiction, as authorized by law.

Policy JBB: Harassment of Students (PDF)

The Board of Education is committed to maintaining a learning environment for students that is free from harassment based on an individual’s race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability. All such harassment by District employees, authorized volunteers, students and third parties is strictly prohibited. As used in this policy and as defined by Colorado statute, “sexual orientation” means an individual’s orientation toward heterosexuality, homosexuality, bisexuality or transgender status, or another individual’s perception thereof.

Harassment based on race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability will be regarded as a violation of this policy when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education; (2) submission to or rejection of such conduct is used as the basis for educational decisions affecting the student; or (3) such conduct has the purpose or effect of adversely affecting a student’s ability to participate in or benefit from District program(s), or of creating an intimidating, hostile or offensive educational environment.

Harassment based on race or color can include unwelcome, hostile or offensive verbal, written or physical conduct based on or directed at the characteristics of a student’s race or color, such as nicknames emphasizing stereotypes, racial slurs and negative references to racial customs.

Harassment based on religion can include unwelcome, hostile or offensive verbal, written or physical conduct based on or directed at the characteristics of a student’s religion or creed, such as comments regarding surnames, religious tradition or religious clothing, as well as religious slurs and/or graffiti.

Harassment based on national origin or ancestry can include unwelcome, hostile or offensive verbal, written or physical conduct based on or directed at the characteristics of a student’s national origin, such as comments regarding surnames, manner of speaking, customs, language or ethnic slurs.

Harassment based on sexual orientation, gender identity, or gender expression can include unwelcome, hostile or offensive verbal, written or physical conduct based on or directed at the characteristics of a student’s actual or perceived sexual orientation, gender identity, or gender expression, such as name-calling and imitating mannerisms, and deliberately misusing a transgender student’s preferred name, form of address or gender-related pronoun.

Harassment based on disability can include unwelcome, hostile or offensive verbal, written or physical conduct based on or directed at the characteristics of a student’s disability condition, such as imitating manner of speech or movement; hostile or offensive acts; and/or interference with movement or access to necessary equipment.

Sexual harassment, pursuant to Title IX of the Educational Amendments of 1972, means conduct on the basis of sex that satisfies one or more of the following: (1) an employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); (2) unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or (3) sexual assault as defined in 20 U.S.C. 1092(f )(6)(A)(v), dating violence as defined in 34 U.S.C. 12291(a)(10), domestic violence as defined in 34 U.S.C. 12291(a)(8), or stalking as defined in 34 U.S.C. 12291(a)(30). Pursuant to state law, “harassment” means creating a hostile environment based on an individual’s sex. Harassment based on sex that does not fall under the Title IX definition should be investigated under this Policy. Sexual harassment pursuant to Title IX should be investigated under Policy AC-R2.

Harassment also includes the use of hate speech or drawing, displaying, or posting images or symbols of hate on school grounds or at a school-sponsored event or activity that are reasonably expected to be divisive or demeaning and that express animus against a particular group or individual on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability, and are reasonably expected to be disruptive to the learning environment.

Examples include: (1) making statements that promote violence toward a racial or ethnic group or individual based on their race or ethnicity; and (2) displaying images or symbols of hate on school grounds or at a school-sponsored event to target a particular group (e.g., confederate flags, swastikas).

All District employees, authorized volunteers and students share the responsibility to ensure that harassment based on race, color, religion, national origin, ancestry, sex, sexual orientation or disability does not occur at any District school, on any District property, at any District or school-sponsored activities or events, when students are being transported in any vehicle dispatched by the District or one of its schools, or off school property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event. Toward that end:

• All students who believe they have been victims of such harassment or who witness such harassment shall immediately report it to an administrator, counselor or teacher at their school through the District’s complaint process. If the harassment is being committed by the principal or another administrator in the building, the report may be made to the director of student services. All reports of allegations of sexual harassment or non-sexual harassment sex discrimination must be forwarded to the Title IX Coordinator.

•  All administrators, counselors, teachers and other employees/authorized volunteers who have such harassment reported to them or otherwise have reason to believe it is occurring shall promptly forward the report(s) and/or other information to the principal or principal’s designee for appropriate action. If the harassment is purportedly being committed by the principal or another administrator in the building, the report(s) and/or other information shall be forwarded to the director of student services. All reports of allegations of sexual harassment or non-sexual harassment sex discrimination must be forwarded to the Title IX Coordinator.

• All District employees and authorized volunteers who witness such harassment shall take prompt and effective action to stop it, as prescribed by the District and the building principal, and shall promptly report the harassment to the principal or principal’s designee for effective action. If the harassment is being committed by the principal or another administrator in the building, the report shall be made to the director of student services.

• Each building principal or principal’s designee (or the director of student services, if necessary or appropriate) shall ensure that all reports and other information regarding such harassment are promptly and thoroughly investigated, and that effective action is taken. If the victim of harassment is a student with a disability who has an Individualized Education Program under the Individuals with Disabilities Education Act (an “IEP”) or a Plan under Section 504 of the Rehabilitation Act of 1973 (a “Section 504 Plan”), the investigation shall include a determination of whether the student’s receipt of a free appropriate public education (“FAPE”) under the IEP or Section 504 Plan may have been affected by the harassment.

In addition to the foregoing, students should file complaints of harassment based on disability in accordance with the procedures specified in District Policy ACE and should file complaints of sexual harassment in accordance with the procedures specified in District Regulation AC-R2. Students should file complaints of harassment based on all other protected classifications in accordance with the procedures specified in District Regulation AC-R1. Such complaints should be filed with the director of student services, 1502 S. Timberline Road, Fort Collins, Colorado 80524, (970) 490-3033. If the director of student services is alleged to be the harasser, the complaint should be filed with the executive director of human resources, 2407 Laporte Avenue, Fort Collins, Colorado 80521, (970) 490-3620.

School officials shall inform all students who have reportedly been harassed of the results of the District’s investigation and whether action has been taken with respect to the purported harasser(s).

Any student who engages in harassment of another student based on the other student’s race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or disability shall be required to attend a meeting with his or her parent(s) or guardian(s) and the principal or principal’s designee; be subject to remedial action such as education or counseling; and be subject to disciplinary action up to and including suspension or expulsion. As set forth in Policy GBAA, Harassment of Employees, any District employee who engages in harassment of a student based on the student’s race, color, religion, national origin, ancestry, sex, sexual orientation or disability, shall be subject to remedial action such as training, education or counseling; as well as disciplinary action including but not limited to warning, reprimand, transfer, suspension or termination of employment.

Remedial and/or disciplinary actions shall include measures designed to stop the harassment, correct its negative impact on the affected student, and ensure that the harassment does not recur. Steps shall also be taken to ensure that victims of and witnesses to harassment are protected from retaliation for reporting the harassment or providing information in connection with a harassment investigation.

If it is determined that a student’s receipt of FAPE under an IEP or Section 504 Plan may have been affected by harassment, the District shall promptly convene the student’s IEP team or Section 504 team to determine whether and to what extent: (a) the student’s educational needs have changed; (b) the harassment impacted the student’s receipt of FAPE; and (c) different or additional services are needed to ensure the student’s ongoing receipt of FAPE. If different or additional services are needed, the student’s IEP or Section 504 Plan shall be promptly revised and implemented.

No student shall be subject to adverse treatment in retaliation for any good faith report of harassment under this policy or for participating in a harassment investigation. To the extent possible, all reports of harassment will be kept confidential, as long as doing so is in accordance with applicable law and policy and does not preclude the District from responding effectively to the harassment or preventing future harassment. Upon determining that incidents of harassment are occurring in particular District settings or activities, the District shall implement measures designed to remedy the problem in those areas or activities.

The District shall provide counseling resources to student victims where necessary.

The District shall train staff members to recognize and effectively deal with incidents of harassment on the basis of race, color, religion, national origin, ancestry, sex, sexual orientation and disability.

The District shall regularly review its compliance with this policy on the harassment of students and take necessary action where deficiencies are noted.