27. Title IX Policy
(For incidents that took place prior to August 1, 2024, please refer to the version of the policy at the end of this document)
I. Nondiscrimination Policy
This Policy is established by West Warwick Public Schools in accordance with Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (“Title IX”).
West Warwick Public Schools does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX. West Warwick Public Schools Title IX Policy covers nondiscrimination in both access to educational opportunities and employment.
II. Notice of Nondiscrimination
West Warwick Public Schools shall provide a Notice of Nondiscrimination to students; parents, guardians, or other authorized legal representatives; employees; applicants for employment; and all unions holding collective bargaining agreements with the West Warwick Public Schools. West Warwick Public Schools Notice of Nondiscrimination shall be published on its website and in each handbook, catalog, announcement, bulletin, and application form that it makes available to the previously listed individuals/entities entitled to notice.
West Warwick Public Schools adopts the following Notice of Nondiscrimination:
West Warwick Public Schools does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including access to educational opportunities and employment.
Inquiries about Title IX may be referred to West Warwick Public Schools Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. West Warwick Public Schools Title IX Coordinator is: Director of Human Resources, 10 Harris Avenue, West Warwick, RI 02893, 401-822-8437, titleix@westwarwickpublicschools.com.
West Warwick Public Schools nondiscrimination policy and grievance procedures can be located at westwarwickpublicschools.com (click Title IX Policy).
To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the district’s
Anti-Discrimination/Anti-Harassment Policy & Grievance Procedure located in the WWPS Policy Manual found at https://sites.google.com/westwarwickpublicschools.com/wwpspolicymanual.
III. Definitions
Complainant means:
A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.
Complaint means:
An oral or written request to the West Warwick Public Schools that objectively can be understood as a request for the West Warwick Public Schools to investigate and make a determination about alleged discrimination under Title IX or its regulations.
Party means:
A Complainant or Respondent.
Pregnancy or related conditions means:
Pregnancy, childbirth, termination of pregnancy, or lactation;
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Relevant means:
Related to the allegations of sex discrimination under investigations as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged sex discrimination occurred.
Respondent means:
A person who is alleged to have violated the West Warwick Public Schools prohibition on sex discrimination.
Student with a disability means:
A student who is an individual with a disability as defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 705(9)(B), 20(B), or a child with a disability as defined in the Individuals with Disabilities Education Act, 20 U.S.C. § 1401(3).
IV. Scope
This Policy is effective August 1, 2024. This Policy is only applicable to alleged incidents of sex discrimination that occur on or after August 1, 2024. For alleged incidents occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator and at titleix@westwarwickpublicschools.com.
This Policy applies to all employees, students, and other individuals participating in or attempting to participate in the West Warwick Public Schools program or activities, including access to educational opportunities and employment.
V. Jurisdiction
This Policy applies to the West Warwick Public Schools education program and activities in the United States. West Warwick Public Schools education program or activity includes locations, events, or circumstances where the West Warwick Public Schools exercises substantial control over the context in which the conduct occurred. Conduct that occurs under the West Warwick Public Schools education program or activity shall also include conduct that is subject to the West Warwick Public Schools disciplinary authority.
West Warwick Public Schools also has Title IX jurisdiction over sex-based hostile environment harassment in its education program and activities, even when some conduct alleged to be contributing to the hostile environment occurred outside the West Warwick Public Schools education program or activity or outside the United States.
For disciplinary action to be taken under this Policy, the Respondent must be a West Warwick Public Schools student or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the West Warwick Public Schools community, the Title IX Coordinator will implement appropriate supportive measures and/or remedial actions for the Complainant.
VI. Prohibited Conduct
A. Sex-Based Discrimination
Discrimination is different treatment with respect to an individual’s employment or participation in the West Warwick Public Schools education program or activity based, in whole or in part, upon an individual’s sex, which includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Sex-Based Harassment
Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:
Quid Pro Quo Harassment. An employee, agent, or other person authorized by the West Warwick Public Schools to provide an aid, benefit, or service under the West Warwick Public Schools education program or activity, explicitly or impliedly conditioning the provision of such aid, benefit, or service, on a person’s participating in unwelcome sexual conduct.
Hostile Environment Harassment.
Unwelcome sex-based conduct that,
based on the totality of the circumstances,
is subjectively and objectively offensive, and
is so severe or pervasive,
that it limits or denies a person’s ability to participate in or benefit from the West Warwick Public Schools education program or activity.
Specific Offenses.
Sexual assault. Meaning an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual assault includes any sexual act attempted or perpetrated against another person, without their consent, including instances where the victim is incapable of giving consent because of age, intellectual disability, or any other disability. Sexual assault may involve, but is not limited to, actual or threatened physical force, use of weapons, coercion, intimidation or pressure, intentional touching of someone in ways that are unwanted, voyeurism, exhibitionism, exposure to pornography, and/or public displays of images that were taken in a private context or when the victim was unaware.
Dating violence. Meaning 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 shall be determined based on a consideration of the factors:
The length of the relationship;
The type of relationship; and
The frequency of interaction between the persons involved in the relationship.
Domestic violence. Meaning felony or misdemeanor crimes committed by a person who:
Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
Is cohabitating, or has cohabitated, with the victim or intimate partner;
Shares a child in common with the victim; or
Commits acts against a youth or adult victim who is protected from those acts under family or domestic violence laws of the jurisdiction.
Stalking. Meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Fear for the person’s safety or the safety of others; or
Suffer substantial emotional distress.
B. Retaliation
Retaliation, including peer retaliation, is prohibited in West Warwick Public Schools education program and activities. Retaliation is defined as:
Adverse action, including intimidation, threats, coercion, or discrimination against any person,
by the West Warwick Public Schools, a student, employee, or a person authorized by the West Warwick Public Schools to provide aid, benefit, or service under the West Warwick Public Schools education program or activity,
for the purpose of interfering with any right or privilege secured by law or Policy, or
because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or grievance procedure, or in any other appropriate steps taken by the West Warwick Public Schools to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.
The exercise of rights protected under the First Amendment does not constitute retaliation.
VII. Reporting
A report provides notice to the West Warwick Public Schools of an allegation or concern about sex discrimination, harassment, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures.
There are no time limits on reporting; however, if the Respondent is no longer subject to the West Warwick Public Schools jurisdiction and/or significant time has passed, the West Warwick Public Schools’ ability to investigate, respond, and/or provide remedies is limited.
Reports may be made using any of the following options:
Providing a completed Title IX Complaint Form to a building principal, supervisor or directly to the Title IX Coordinator
Any written and signed format directed to the Title IX Coordinator specifying that a Title IX complaint is being provided
A. Mandated Reported by Employees
All West Warwick Public Schools employees, other than those deemed Confidential Employees, must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination. Failure of a mandated reporter to report an incident of conduct that reasonably may constitute sex discrimination may result in disciplinary action.
B. Confidential Employees
To enable Complainants to access support and resources without filing a Complaint, the West Warwick Public Schools has designated specific employees as Confidential Employees. Those designated by West Warwick Public Schools as Confidential Employees are not required to report actual or suspected sex discrimination, harassment, or retaliation in a way that identifies the Parties. They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or West Warwick Public Schools unless a Complainant has requested the information be shared.
If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Employees:
Confidential Employees
HR Secretary
Superintendent Secretary
Please note that Confidential Employees are still subject to mandatory state reporting requirements.
VIII. Supportive Measures
West Warwick Public Schools will offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to West Warwick Public Schools education program or activity or provide support during West Warwick Public Schools Title IX grievance procedures or during the informal resolution process. Supportive measures are non-disciplinary, non-punitive, individualized services offered as appropriate and reasonably available. They are offered without fee or charge to the Parties.
The Title IX Coordinator promptly makes supportive measures available to the Parties upon receiving a report or Complaint alleging sex discrimination, harassment, or retaliation. The West Warwick Public Schools will maintain the confidentiality of supportive measures, provided that confidentiality does not impair the West Warwick Public Schools ability to provide those supportive measures.
To the extent possible, West Warwick Public Schools will minimize the academic/occupational impact on the Parties. The West Warwick Public Schools will implement measures in a way that does not unreasonably burden any Party.
For Complaints of sex-based harassment supportive measures may include, but are not limited to:
Counseling
Academic support, extensions of deadlines, or other course/program-related adjustments
Development of a safety plan
Leaves of absence
Training and education programs
The Parties will have an opportunity to seek modification or reversal of the West Warwick Public Schools decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures in § 106.2 of the federal Title IX Regulations. The West Warwick Public Schools will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. The West Warwick Public Schools typically renders decisions on supportive measures within three (3) days of receiving a request and provides a written determination to the impacted Party(ies) and the Title IX Coordinator.
IX. Students with Disabilities
If a Complainant or Respondent is a student with a disability, the Title IX Coordinator must consult with one or more members of the student’s IEP/504 team to determine how to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, throughout the West Warwick Public Schools implementation of its grievance procedures.
X. Emergency Removal/Administrative Leave
The West Warwick Public Schools can act to remove a student Respondent accused of sex discrimination or sex-based harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that removal of the student Respondent is justified because they pose an imminent and serious threat to the health or safety of the Complainant, any students, employees, or other persons. West Warwick Public Schools will provide notice to the student Respondent and an opportunity for the Respondent to challenge the decision immediately.
If the student Respondent is a student with a disability, the Title IX Coordinator will consult with one or more members of the student’s IEP/504 team and a manifestation determination will be made prior to the student’s removal. The emergency removal process maintains the rights granted by the Individuals with Disabilities Education Act, Section 504, and the Americans with Disabilities Act.
Employees are subject to existing procedures for administrative leave.
XI. Grievance Procedures For Complaints of Sex Discrimination
West Warwick Public Schools has adopted grievance procedures that provide for the prompt and equitable resolution of Complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.
West Warwick Public Schools grievance procedures treat Complainants and Respondents equitably.
West Warwick Public Schools presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
West Warwick Public Schools has established time frames for the major stages of the grievance procedures as provided in this Section. West Warwick Public Schools may allow for the reasonable extension of these timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.
West Warwick Public Schools will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. The West Warwick Public Schools will not share the identity of any individual who has made a Complaint of sex discrimination, harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sex discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes of this Policy, Title IX, the Family Educational Rights and Privacy Act (FERPA), or as otherwise required by law.
These steps will not restrict the ability of the Parties to obtain and present evidence, including speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The Parties cannot engage in retaliation, including against witnesses.
A. Complaints
The following persons have the right to file a Complaint of sex discrimination, including Complaints of sex-based harassment, requesting that the West Warwick Public Schools investigate and make a determination about alleged discrimination under Title IX:
A Complainant;
A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
West Warwick Public Schools Title IX Coordinator.
With respect to Complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a Complaint:
Any student or employee of West Warwick Public Schools; or
Any person other than a student or employee who was participating or attempting to participate in West Warwick Public Schools education program or activity at the time of the alleged sex discrimination.
West Warwick Public Schools may consolidate Complaints of sex discrimination against more than one Respondent, or more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of sex discrimination arise out of the same facts or circumstances.
B. Initial Evaluation
The Title IX Coordinator conducts an initial evaluation within seven (7) days of receiving a Complaint of alleged misconduct. The purpose of the initial evaluation is to determine whether the West Warwick Public Schools will dismiss or investigate a Complaint of sex discrimination. It typically includes assessing whether the reported conduct may reasonably constitute a violation of Title IX and determining whether West Warwick Public Schools has jurisdiction over the reported conduct.
If the conduct does not reasonably constitute a violation of Title IX or is not within West Warwick Public Schools jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provisions in these procedures. If applicable, the conduct will be referred to another process.
C. Notice of Allegations
Upon initiation of West Warwick Public Schools Title IX grievance procedures West Warwick Public Schools will notify the Parties of the following:
West Warwick Public Schools Title IX grievance procedures and informal resolution processes;
A meaningful summary of all allegations;
The identity of the involved Parties (if known);
The precise misconduct being alleged to constitute sex discrimination;
The date and location of the alleged incident(s) (if known);
A statement that retaliation is prohibited; and
A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence.
If, in the course of an investigation, West Warwick Public Schools decides to investigate additional allegations of sex discrimination by the Respondent toward the Complainant that are not included in the original notice provided or that are included in a Complaint that is consolidated, West Warwick Public Schools will notify the parties of the additional allegations.
D. Dismissal of a Complaint
West Warwick Public Schools may dismiss a Complaint of sex discrimination if:
West Warwick Public Schools is unable to identify the Respondent after taking reasonable steps to do so;
The Respondent is not participating in West Warwick Public Schools education program or activity and is not employed by West Warwick Public Schools;
The Complainant voluntarily withdraws any or all allegations in the Complaint and the Title IX Coordinator declines to initiate a Complaint; or
West Warwick Public Schools determines the conduct alleged in the Complaint, even if proven, would not constitute sex discrimination under Title IX.
Upon dismissal, West Warwick Public Schools will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then West Warwick Public Schools will also notify the Respondent of the dismissal and the basis for the dismissal.
The dismissal decision is appealable by either Party as provided for in Section G of this Policy.
When a Complaint is dismissed, West Warwick Public Schools will, at a minimum:
Offer appropriate supportive measures to the Complainant (and Respondent, if Respondent has been notified of the allegations); and
Take prompt and effective steps through the Title IX Coordinator to ensure that sex discrimination does not continue or recur with West Warwick Public Schools education program or activity.
E. Investigation
West Warwick Public Schools will provide adequate, reliable and impartial investigation of Complaints. The burden is on West Warwick Public Schools—not the Parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
Investigator
The Title IX Coordinator will select an investigator. The investigator may be internal or external to the West Warwick Public Schools community.
Impartiality
Any individual materially involved in the investigation, including the Title IX Coordinator, investigator, and decision maker, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
Parties may raise a concern regarding bias or conflict of interest with the Title IX Coordinator who will determine whether the concern is reasonable and supportable. If so, steps will be taken to remedy the impact of bias or conflict. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the building principal.
Timeline
Investigations are completed expeditiously, normally within sixty (60) days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.
If a Party or witness chooses not to participate in the investigation or becomes unresponsive, the West Warwick Public Schools reserves the right to continue its investigation without their participation to ensure a prompt resolution.
The West Warwick Public Schools will make a good faith effort to complete its investigation as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the process. Temporary delays will be permitted only for good cause, such as the absence of a Party, Party’s advisor, or witness; a request from law enforcement to pause an investigation; or the need for language assistance or accommodation of disabilities.
Questioning of the Parties and Witnesses
The investigator will interview the Complainant, the Respondent, and any witnesses. Complainant and Respondent will be given written notice in advance of any interview with sufficient time to prepare for meaningful participation. Employees (not including Complainant and Respondent) are required to cooperate with and participate in the West Warwick Public Schools investigation. Student witnesses and witnesses from outside the West Warwick Public Schools community cannot be required to participate but are encouraged to cooperate with West Warwick Public Schools investigations and to share what they know about a Complaint.
Equal Opportunity to Present Relevant Evidence
Prior to the conclusion of the investigation, the investigator will provide each Party with the opportunity to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
Relevant Evidence
West Warwick Public Schools will objectively review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. The investigator and decision maker will only consider evidence that is deemed relevant and not otherwise impermissible under Title IX.
Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the conduct constitutes a violation of Title IX.
Credibility determinations are not based on a person’s status as a Complainant, Respondent, or witness.
Review Period & Investigative Report
The investigator will offer both Parties the opportunity to inspect and review any relevant and not otherwise impermissible evidence obtained as part of the investigation. Both Parties will have ten (10) days to submit a written response to the evidence.
The investigator will create an investigative report that fairly summarizes the relevant evidence and will provide a copy of the final investigative report to the decision maker. After West Warwick Public Schools has sent the final investigative report to the Parties and before reaching a determination regarding responsibility, the decision maker will give the Parties ten (10) days to submit any written, relevant questions that they may wish to have asked of any Party or witness. The decision maker shall review the Parties’ written questions, ask all questions the decision maker deems relevant, and provide for additional, limited follow-up from each Party in the decision maker’s sole discretion.
Unauthorized Disclosure of Information
Parties and advisors are prohibited from unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Violations of this Policy are subject to significant sanctions.
F. Determination of Whether Sex Discrimination Occurred
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the determination of whether sex discrimination occurred will be made by the investigator.
Timeline
The decision maker’s determination process typically takes approximately fourteen (14) days, but this timeframe can vary based on a number of factors and variables. The Parties will be notified of any delays.
Additional Inquiry by the Decision Maker
To the extent credibility is in dispute and relevant to one or more of the allegations, the decision maker may meet individually with the Parties and witnesses to question them in order to assess their credibility. The decision maker may also, at their discretion, meet with any Party or Witness to ask additional relevant questions that will aid the decision maker in making their findings.
Standard of Proof
The decision maker applies a preponderance of the evidence standard to determine whether the alleged sex discrimination occurred. This means that the decision maker will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Title IX violation(s).
Written Notice of Determination
West Warwick Public Schools will notify the Parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination (to the extent the West Warwick Public Schools is permitted to share pursuant to state or federal law], and the procedures and permissible bases for the Complainant and Respondent to appeal.
The West Warwick Public Schools will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in the West Warwick Public Schools records, or emailed to the Parties.
Disciplinary Sanctions and Remedies
West Warwick Public Schools will not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the Respondent engaged in prohibited sex discrimination.
A Party, witness, or others participating in the grievance procedures may not be disciplined for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred.
Following a determination that the Respondent engaged in sex discrimination, including sex-based harassment and retaliation, the following range of possible disciplinary sanctions may be imposed:
Student Sanctions:
Disciplinary sanctions of any violation of this Policy may include, but are not limited to, loss of privilege to participate in extracurricular activities including athletics and school social events; assignment of additional schoolwork or community service; and suspension or expulsion.
Employee Sanctions:
Disciplinary sanction for any violation of this Policy may include, but are not limited to, verbal or written warning, suspension, termination, adjustment of work arrangements/assignments or filing of criminal charges as warranted.
Following a determination that the Respondent engaged in sex discrimination, including sex-based harassment and retaliation, the following range of possible remedies may be provided to the Parties and/or West Warwick Public Schools community that are intended to stop the discrimination, harassment and/or retaliation, remedy the effects, and prevent recurrence:
Referral to counseling and health services, referral to the Employee Assistance Program, education to the individual and/or community, permanent alteration of work arrangements for employees, policy modification and/or training, provision of transportation assistance
G. Appeals
An appeal may be brought by either Party with regard to:
1. A decision to dismiss a Complaint; or
2. The decision maker’s determination of whether sex discrimination occurred.
All appeal requests must be in writing and filed with the Superintendent, who will act as the Appeal Decision Maker, within five (5) business days of the notification of dismissal or determination of responsibility.
Grounds for appeals are limited to:
Procedural irregularity that would change the outcome;
New evidence that would change the outcome and that was not reasonably available when the dismissal was made; 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 would change the outcome.
The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is not met. Both Parties will be notified in writing that an appeal has been filed and will have a reasonable and equal opportunity to submit a written statement in support of, or challenging, the outcome.
The appeal decision maker has ten (10) days to review and decide on the appeal, though extensions can be granted at the discretion of the Title IX Coordinator, and the Parties will be notified of any extension. The outcome of the appeal, including the rationale for the decision, will be provided simultaneously to both parties.
H. Informal Resolution
In lieu of resolving a Complaint through West Warwick Public Schools Title IX grievance procedures, the Parties may instead elect to participate in an informal resolution process. West Warwick Public Schools does not offer informal resolution to resolve a Complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with federal, state, or local law.
To initiate informal resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The West Warwick Public Schools will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.
XII. Training
1. All employees, upon hiring or a change in position that alters an employee’s duties under Title IX, and annually thereafter, will be trained by West Warwick Public Schools on:
The West Warwick Public Schools obligation to address sex discrimination in its education program and activities;
The scope of conduct that constitutes sex discrimination under Title IX;
An employee’s responsibility (under 34 CFR § 106.40(b)(2)) to provide the Title IX Coordinator’s contact information and certain other information when an employee is informed by a student, or person who has a legal right to act on behalf of a student, of the student’s pregnancy or related conditions (34 CFR § 106.40(b)(2); and
An employee’s responsibility (under 34 CFR § 106.44) to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX.
2. Investigators, decisionmakers, and other persons who are responsible for implementing the West Warwick Public Schools grievance procedures or who have authority to modify or terminate supportive measures must, in addition to the training required of all employees, must be trained on the following:
The West Warwick Public Schools obligations under 34 CFR § 106.44;
The West Warwick Public Schools grievance procedures;
How to serve impartially, including how to avoid prejudgment of the facts at issue, conflicts of interest, and bias; and
The meaning and application of the term “relevant” evidence and the types of evidence that are impermissible regardless of relevance.
3. The Title IX Coordinator and any permissible designees, in addition to all of the above training, must be trained on their specific responsibilities under Title IX, including recordkeeping requirements, and any other training necessary to coordinate the West Warwick Public Schools compliance with Title IX.
Training will not rely on sex stereotypes. All materials used to provide training are maintained by the West Warwick Public Schools for a minimum of seven (7) years and are available upon request for inspection by members of the public.
Policy adopted:
05/11/2021
Policy revised:
11/13/2024
(Follow this policy for incidents occurring prior to August 1, 2024)
PURPOSE: The purpose of this policy is to ensure compliance with Title IX’s Rules as promulgated by the Department of Education regarding the School Department’s response to claims of sexual harassment and the maintenance of a learning environment free from harassment and discrimination on the basis of sex.
POLICY
I. DEFINITIONS
Complainant shall mean a current student or student who is attempting to enroll in the School Department who is alleged to be the victim of conduct that could constitute sexual harassment.
Formal Complaint shall mean a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the School Department investigate the allegation of sexual harassment.
Respondent shall mean an individual who is a current or former student or current employee and who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Sexual harassment shall mean any conduct on the basis of sex that satisfies one or more of the following:
(1) An employee of the School Department conditioning the provision of an aid, benefit, or service of the School Department on an individual’s participation in unwelcome sexual conduct;
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the School Department’s education programs and/or activities; or
(3) Any form of sexual assault, dating violence, domestic violence, or stalking.
Supportive measures shall mean any and all 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. Such measures are designed to restore or preserve equal access to the School Department’s education program or activities without unreasonably burdening the other party, including measures
designed to protect the safety of all parties or the School Department’s educational environment, or deter sexual harassment.
Education programs or activities shall include all locations, events, or circumstances over which the School Department exercises substantial control over the Respondent and the context in which the harassment occurs.
II. DESIGNATION OF COORDINATOR, DISSEMINATION OF POLICY AND ADOPTION OF GRIEVANCE PROCEDURES:
The School Department shall designate an employee as its “Title IX Coordinator.”The School Department shall notify all students, enrolling students, parents or guardians,employees, applicants for employment, and unions of the name, title, office address, email address, and telephone number of the Title IX Coordinator.
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 email, 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 can be made at any time of day, including non- business hours.
The School Department shall notify all students, enrolling students, parents or guardians, employees, applicants for employment, and unions that the School Department does not discriminate on the basis of sex, and that it is required by Title IX and applicable regulations not to discriminate in any of its education programs or activities as well as employment and that inquiries about how these rules apply to the School Department may be referred to the Title IX Coordinator. The School Department shall notify all students, enrolling students, parents or guardians, employees, applicants for employment, and unions of its grievance procedures and 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 School Department will respond thereto, all as further delineated herein.
The School Department shall prominently display the Title IX Coordinator’s aforesaid contact information and this policy on its website, and in all student and employee handbooks. This information should also be displayed on registration paperwork or website/s and in a location where it is visible to job applicants.
III. SCHOOL DEPARTMENT GRIEVANCE PROCESS PRIOR TO FORMAL COMPLAINT
A. All School Department employees have an affirmative obligation to report sexual harassment and/or allegations of sexual harassment that they have witnessed and/or have knowledge of. All reports of sexual harassment
B. After a report of sexual harassment is made to the Title IX coordinator, the School Department must respond promptly and in a manner that treats consider the Complainant’s wishes with respect to supportive measures.
C. The Title IX Coordinator, in conjunction with School Department personnel shall consider restrictions to be placed on the Respondent during an investigation. However, any restrictions placed on the Respondent during an investigation, must be placed on the Complainant as well.
1. The exception to this is that if School Department personnel determine that the Respondent is an immediate threat to the
physical health or safety of any student or other individual arising from the allegations of sexual harassment, the Respondent may be removed from campus.
2. The Respondent must be provided with Notice of Removal and an opportunity to challenge the decision immediately following the
removal.
D. The Title IX Coordinator shall be responsible for explaining the process of filing a formal complaint to the Complainant.
IV. INFORMAL RESOLUTION PROCESS
A. Once a formal complaint has been filed, and at any time prior to reaching a determination regarding responsibility, the School Department may facilitate an informal resolution process that does not involve a full investigation and adjudication. This process shall be in the form of mediation.
B. The Title IX Coordinator shall explain this process in a written notice that shall contain the allegations.
C. In order for this informal resolution process to commence, both parties must provide their voluntary, written consent.
D. At any time prior to reaching a resolution, any party has the right to withdraw from the informal resolution process and resume or begin the grievance process.
E. The School Department shall maintain all records involving this process in accordance with this policy and applicable law.
F. This informal resolution process shall not be available to resolve matters involving allegations that an employee sexually harassed a student.
V. SCHOOL GRIEVANCE PROCESS AFTER THE FILING OF A FORMAL COMPLAINT OF SEXUAL HARASSMENT
A. The School Department shall investigate all allegations set forth in a formal complaint. The grievance process shall be concluded and a written determination of responsibility shall be issued in a reasonably prompt time frame and up to one hundred twenty (120) days from the date of the filing of a formal complaint. This time frame may be extended in the event that the parties elect to take part in an informal resolution process as set forth in this policy, or temporarily delayed for good cause as defined by applicable law.
B. Throughout the grievance process all relevant evidence will be objectively evaluated and credibility determinations shall not be based on a person’s status as Complainant, Respondent, or witness. At no time shall the School Department require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless said privilege has been knowingly waived.
C. Upon receipt of a formal complaint of sexual harassment, the School Department shall:
1. Provide a written notice to all known parties that shall include:
a. Notice of the grievance process;
b. Notice of the allegations of sexual harassment to include the identities of all parties. The written notice should identify students by their initials, however verbal notification of the full name of students must be given to all parties.
c. A statement that the Respondent is presumed not
responsible for the alleged conduct and that a determination
regarding responsibility will only be made at the conclusion
of the grievance process.
d. Notice that the parties may engage an advisor of their choice, who may be, but is not required to be, an attorney;
e. Notice that the parties have the right to inspect and review evidence as part of the grievance process.
f. Notice of any provision in the School Department’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during a
grievance process.
2. If, in the course of an investigation, the School Department decides to investigate additional allegations concerning the parties that are not included in the aforesaid initial written notice, the School Department shall provide notice of said additional allegations to the known parties.
3. Conduct an Investigation adhering to the following guidelines:
a. The investigation of all formal complaints shall be completed in a reasonably prompt manner.
b. Upon receipt of a formal complaint, the Title IX Coordinator shall appoint an appropriately trained and unbiased
investigator to create an investigative report that fairly
summarizes the relevant evidence obtained during their investigation.
c. Throughout the investigation process the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility shall remain on the School Department and not on the parties.
d. The investigation shall include equal opportunities for the parties to present witnesses, including fact and expert
witnesses, and other inculpatory and exculpatory evidence to the investigator.
e. Both parties shall be provided with the same opportunities to be accompanied to any related meeting 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.
f. The School Department shall provide, to a party whose
participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
g. The School Department shall not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
h. The School Department cannot access, consider, disclose, or otherwise use a party’s 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, unless the School Department obtains that party’s voluntary, written consent, or, if the party is a student under the age of 18, the written consent of their parent or legal guardian.
i. The investigation process shall provide both parties an equal opportunity to inspect and review any and all evidence obtained by the School Department that is directly related to the allegations raised in the formal complaint, including the evidence upon which the School Department does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source.
j. The School Department shall send to each party and the party’s advisor, if any, all evidence subject to inspection and review in an electronic format or a hard copy. The parties must then be given at least 10 days to submit a written response to the evidence, which the investigator will consider prior to their completion of the investigative report.
k. The investigator shall complete a final investigative report, which will be sent to each party and the party’s advisor, if any, for their review and written response.
l. Upon review of the final investigative report, each party shall afford be afforded the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party.
i. 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.
ii. The investigator shall explain to the party proposing
the questions any decision to exclude a question as
not relevant.
4. Dismissal of a formal complaint.
a. The School Department MUST dismiss a formal complaint if:
i. If the conduct alleged in the formal complaint would
not constitute sexual harassment as defined in this
policy even if proved;
ii. Did not occur in the School Department’s education
program or activity; or
iii. Did not occur against a person in the United States.
b. Such a dismissal does not preclude the School Department from taking action under any other relevant provision(s) of
its code(s) of conduct.
c. The School Department MAY dismiss the formal complaint
if at any time during the investigation or hearing:
i. A Complainant notifies the Title IX Coordinator in
writing that they would like to withdraw the formal
complaint or any allegations therein;
ii. The Respondent is no longer enrolled in, or employed
by, the School Department; or
iii. Specific circumstances prevent the School Department
from gathering evidence sufficient to reach a
determination as to the formal complaint or
allegations therein.
d. Upon the dismissal of a formal complaint, the School
Department shall promptly send written notice of the
dismissal and reason(s) therefore simultaneously to the
parties.
5. Consolidation of formal complaints. The School Department may consolidate formal complaints as to allegations of sexual
harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
VI. DETERMINATION OF RESPONSIBILITY
A. The Superintendent shall be responsible for rendering a decision regarding the formal complaint.
B. The standard of review shall be by the preponderance of the evidence.
C. In no case shall a final determination be made inside of ten days from the sending of the final investigative report.
D. Once a final determination is made, the Superintendent shall issue a written decision and determination regarding responsibility.
1. The written determination shall include:
a. Identification of the allegations potentially constituting
sexual harassment;
b. 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, and methods used to gather
other evidence;
c. Findings of fact supporting the determination;
d. Conclusions regarding the application of the School
Department’s code of conduct to the facts;
e. A statement of, and rationale for, the result as to each allegation, including a determination regarding
responsibility, any disciplinary sanctions the School
Department imposes on the Respondent, and whether
remedies designed to restore or preserve equal access to the
School Department’s education program or activity will be
provided to the Complainant; and
f. The School Department’s procedures and permissible bases for the Complainant and Respondent to appeal.
2. The School Department shall provide the written determination to the parties simultaneously.
3. The determination shall become final either on the date that the School Department provides the parties with the written
determination of the result of any appeal, or on the date upon
which an appeal would no longer be considered timely.
VII. REMEDIES
A.Following a determination of responsibility, the range of possible disciplinary sanctions are as set forth in the Student Code of Conduct/Handbook and shall be determined by the superintendent.
B. The Title IX Coordinator is responsible for effective implementation of any remedies to be provided to the Complainant.
VIII. APPEALS
A. Both parties shall have the right to an appeal from a determination regarding responsibility, and from a School Department’s dismissal of a formal complaint or any allegations therein, on the following bases:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that could affect the outcome of the matter that was not reasonably available at the time the determination regarding
responsibility or dismissal was made, or
3. The Title IX Coordinator, investigator(s) or Superintendent 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.
B. The School Committee shall serve as the decision-maker for any appeal that is taken, according to the following procedure:
1. If either party wishes to appeal from a written determination of responsibility, they must file a notice of appeal with the Title IX Coordinator within thirty (30) days from the date that the School Department provided said written determination.
2. The School Department shall notify the other party in writing when an appeal is filed. Each party will then have ten days to submit a written statement in support of, or challenging, the outcome.
3. Following this ten-day period, the School Committee will take up the matter in executive session at its next business meeting.
4. The School Committee shall issue a written decision describing the result of the appeal and the rationale for the result and provide it to both parties simultaneously.
IX. TRAINING
1. All individuals designated as a Title IX Coordinator, investigator, decision-maker, and any person who facilitates an informal resolution process shall remain free of all conflicts of interest and biases whether for or against complainants or respondents generally or an individual Complainant or Respondent.
2. The School Department shall ensure that all such individuals receive training on the definition of sexual harassment, the scope of the School Department’s education programs and activities, how to conduct an investigation and grievance process including appeals, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
3. The School Department shall further ensure that all decision-makers receive training on issues of relevance of questions and evidence,
including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.
4. Investigators shall receive training on issues of relevance to create an investigative report that fairly summarizes all relevant evidence.
5. All training materials must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.
X. RECORDKEEPING
1. The School Department shall maintain the following records for a period of seven years:
a. Each sexual harassment investigation including any determination regarding responsibility and any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant
designed to restore or preserve equal access to the School
Department’s education program or activity;
i. Any appeal and the result therefrom;
ii. Any informal resolution and the result therefrom; and
iii. All materials used to train Title IX Coordinators,
investigators, decision-makers, and any person who
facilitates an informal resolution process.
2. The School Department must make these training materials publicly available on its website.
3. For each response required under this policy, the School Department must create, 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.
4. For each response, the School Department must 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 School Department’s education program or activity. If a School Department does not provide a Complainant with supportive measures, then the School Department must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
a. The documentation of certain bases or measures does not limit the School Department in the future from providing additional
explanations or detailing additional measures taken.
Policy adopted:
05/11/2021