5145.44/ 4000.1 / 4200.1 - Sexual Harassment/Title IX

P4000.1

4200.1

5145.44

Personnel — Certified and Non-Certified

4000.1/4200.1/5145.44 – Sexual Harassment/Title IX

Prohibition of Sex Discrimination and Sexual Harassment In The Workplace

Sex discrimination occurs when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex.  Sex discrimination also occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance.

Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:

(1)   An employee of the Board conditioning the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);

(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 Board’s education programs or activities; 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).

Sexual harassment under Title VII and Connecticut law means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(2)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3)   Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.  

Reporting Sex Discrimination or Sexual Harassment

It is the policy of the Board to encourage victims of sex discrimination and/or sexual harassment to report such claims. Employees are encouraged to report complaints of sex discrimination and/or sexual harassment promptly in accordance with the appropriate process established in the Administrative Regulations.  All complaints are to be responded to in a prompt and equitable manner.

Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties.  Retaliation against any employee with a complaint about sex discrimination or sexual harassment is prohibited under this Policy and illegal under state and federal law. 

Any Board employee with notice of sex discrimination and/or sexual harassment allegations shall immediately report such information to the building principal and/or the Title IX Coordinator, or if the employee does not work in a school building, to the Title IX Coordinator.

The Windsor Locks Public Schools administration (the “Administration”) shall provide training to Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an informal resolution process (as set forth in the Administrative Regulations), which training shall include, but need not be limited to, the definition of sex discrimination and sexual harassment, the scope of the Board’s education program and activity, how to conduct an investigation and implement the grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. 

The Administration shall make the training materials used to provide these trainings publicly available on the Board’s website. The Administration shall also periodically provide training to all Board employees on the topic of sex discrimination and sexual harassment under Title IX, Title VII, and Connecticut law, which shall include when reports of sex discrimination and/or sexual harassment must be made. The Administration shall distribute this Policy and the Administrative Regulations to employees, union representatives, students, parents and legal guardians and make the Policy and the Administrative Regulations available on the Board’s website to promote an environment free of sex discrimination and sexual harassment.

The Board’s Title IX Coordinator is Robert A. Stacy, Executive Director of Human Resources for staff issues and Joshua Robinson, Director of Pupil Services for student issues.  Any individual may make a report of sex discrimination and/or sexual harassment to any Board employee or directly to the Title IX Coordinator using any one, or multiple, of the following points of contact:

OFFICE ADDRESS: 58 S. Elm Street, Windsor Locks, CT 06096

ELECTRONIC MAIL ADDRESS: rstacy@wlps.org

TELEPHONE NUMBER: (860)292-5705

Any Board employee in receipt of allegations of sex discrimination or sexual harassment, or in receipt of a formal complaint, shall immediately forward such information to the Title IX Coordinator. Board employees may also make a report of sexual harassment and/or sex discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone: 617-289-0111).

Employees may also make a report of sexual harassment and/or sex discrimination to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).

Legal Reference:  

Title VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.

29 CFR 1604.11, EEOC Guidelines on Current Issues of Sexual Harassment, (N-915.050), March 19, 1990.

Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.

34 CFR Section 106.8(b), OCR Guidelines for Title IX.

Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8 (a0 62 Fed Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512 (January 19, 2001)

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

Connecticut General Statutes

46a-54 Commission powers Connecticut

46a-60 Discriminatory employment practices prohibited.

46a-81c Sexual Orientation discrimination: Employment

10-153 Discrimination on the basis of sex, gender identity or expression or marital status prohibited.

Conn. Agencies Regs. 46a-54-2—through 46a-54-207

Policy Adopted: March 13, 2025

R4000.1

R4200.1

R5145.44

Personnel - Certified/Non-Certified/Students

Sexual Harassment/Title IX

Prohibition of Sex Discrimination and Sexual Harassment in The Workplace

Grievance Procedures

Pursuant with 2024 's Title IX "Final Rule," the Windsor Locks Board of Education ("the Board") prohibits any form of sex or sex-based discrimination or sexual or sex-based harassment in its education programs and activities, whether by students, staff, or third parties subject to substantial control by the Board. Discrimination and harassment on the basis of sex include gender identity, sexual orientation. sex stereotypes, sex characteristics, and pregnancy or related conditions. Sex-based harassment includes harassment based on sexual orientation and gender identity and exists when "unwelcome sex-based conduct 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 District's education program or activity.

The District shall maintain an environment free from harassment, insults, or intimidation based on an employee's sex or gender identity and sex and sex-based discrimination. Verbal or physical conduct by a supervisor or co-worker relating to an employee's sex or gender identity that results in creating an intimidating, hostile, or offensive work environment, unreasonably interfering with the employee's work performance, or adversely affecting the employee's employment opportunities is prohibited.

Any employee or student who engages in conduct prohibited by this Board Policy shall be subject to disciplinary action. Any third party who engages in conduct prohibited by this Policy shall be subject to remedial measures, which may include exclusion from school property.

Conduct that may constitute a violation of the Board's policy includes those occurring under the District's education program or activity in the U.S., including conduct that is subject to the District's disciplinary authority. The District shall address matters that create a sex-based hostile environment under its education program and activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the education program or activity or outside the U.S.

Any employee or student who engages in conduct prohibited by this Policy shall be subject to disciplinary action, up to and including termination or expulsion, respectively. Third parties who engage in conduct prohibited by this policy will be subject to other sanctions, which may include exclusion from Board property and/or subject to civil and criminal penalties. All district employees are required to notify the District's Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination and sex-based discrimination. 

To allow for an appropriate level of discretion and flexibility in accounting for variations in school size, student populations, and administrative structures, the Title IX Coordinator, in consultation with the Superintendent and/or designee(s) shall determine whether or not to use a single-investigator model and to use this model in some but not all cases as long as the grievance procedures clearly state when this model will be utilized. The Title IX Coordinator shall also determine whether or not to offer an informal resolution process for sex discrimination complaints unless the complaint includes allegations that an employee engaged in sex-based harassment of an elementary or secondary school student or unless such a process would conflict with Federal, State, or local law.

Definitions

Sex Discrimination: occurs when an employer refuses to hire, discipline, or discharge any individual or otherwise discriminates against an individual with respect to his, her, their compensation, terms, conditions, or privileges of employment on the basis of the individual's sex or gender identity. Sex discrimination (Sex-Based Discrimination) also occurs when a person, because of the person's sex or gender identity, is denied participation in or the benefits of any education program or activity receiving federal financial assistance.

Sexual Harassment under Title IX and Connecticut Law: means conduct on the basis of sex that satisfies one or more of the following:

1.  An employee of the Board conditioning the provision of aid, benefit, or service of the Board on an individual's participation in unwelcome sexual conduct. (i.e., quid pro quo) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

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 Board's education programs or activities. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; 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 1229(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).

Sexual Harassment under Title VII and Connecticut Law: means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

Title IX Coordinator is the person designated and authorized to coordinate the District's efforts to comply with its responsibilities under Title IX (2024 Final Rule) and the regulations. If the District has more than one Title IX Coordinator, it must designate one of it Coordinators to retain ultimate oversight over those responsibilities and ensure the District's consistent compliance with its responsibilities under Title IX. As appropriate, the District may delegate, or permit the Title IX Coordinator to delegate specific duties to one or more designees.

Complainant means:

1. 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

2. 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 District's education program or activity at the time of the alleged sex discrimination.

Complaint means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Disciplinary sanctions mean consequences imposed on a respondent following a determination under Title IX that the respondent violated the District's prohibition on sex discrimination.

Party means a complainant or respondent.

Relevant means related to the allegations of sex discrimination under investigation 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.

Remedies means measures provided, as appropriate, to a complainant or any other person the recipient identifies as having had their equal access to the District's education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person's access to the recipient's education program or activity after the District determines that sex discrimination occurred.

Respondent means a person who is alleged to have violated the District's prohibition on sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person under Board control, a student, or an employee or other person authorized by the Board to provide aid, benefit, or service under the District's education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

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:

1.   Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient's education program or activity explicitly or impliedly conditioning the provision of such aid, benefit, or service on a person's participation in unwelcome sexual conduct;

2.  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 a District education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

a.  The degree to which the conduct affected the complainant's ability to access the recipient's
education program or activity;

b.  The type, frequency, and duration of the conduct;

c.  The parties' ages, roles within the District's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

d.  The location of the conduct and the context in which the conduct occurred; and

e.  Other sex-based harassment in the District's education program or activity.

3.    Specific offenses.

a. Sexual assault meaning an offense classified as a forcible or non-forcible sex offense under the uniform crime system of the Federal Bureau of Investigation;

b. Dating violence meaning violence committed by a person:

                      i.        Who is or has been in a relationship of a romantic or intimate nature with the victim; and

                    ii.        Where the existence of such a relationship shall be determined based on a consideration of the following factors:

1.     The length of the relationship;

2.     The type of relationship; and

3.     The frequency of interaction between the persons involved in the relationship.

c.      Domestic violence meaning felony or misdemeanor crimes committed by a person who:

  i. 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;

 ii.  Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

 iii. Shares a child in common with the victim; or

 iv. Commits acts against youth or adult victim who is protected from those acts under the family or
    domestic violence laws of the jurisdiction.

d.     Stalking meaning engaging in a course of conduct directed at a specific person that would cause a
reasonable person to:

i. Fear for the person's safety or the safety of others; or

ii.  Suffer substantial emotional distress.

Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1.        Restore or preserve that party's access to the District's education program or activity, including
    measures that are designed to protect the safety of the parties or a school's educational environment;
    or

2.        Provide support during the District's grievance procedures or during an informal resolution process.

Confidential employees are those whose communications are privileged or confidential under federal or state law and whom the District has designated as confidential for the purpose of providing services to persons related to sex discrimination. "Confidential employees" are required to explain to any person informing them of conduct that reasonably may constitute sex discrimination (1) their confidential status and circumstances in which they are not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination; (2) how to contact the Title IX Coordinator and to make a complaint; and (3) that the Title IX Coordinator may be able to offer and coordinate supportive measures and initiate an informal resolution process/investigation. The District shall notify all participants in its program or activity of how to contact confidential employees, if any.

All grievance procedures are required to ensure the following:

• All schools must treat complainants and respondents equitably.

• Title IX Coordinators, investigators, decision-makers, and facilitators of an informal resolution process
  must not have a conflict of interest or bias for or against complainants or responders generally or an
  individual complainant or respondent.

• The grievance procedures must include a presumption that the respondent is not responsible for the
  alleged sex discrimination until a determination is made at the conclusion of the grievance procedures.

• The grievance procedures must require adequate notice to the parties of the allegations, dismissal,
  delays, meetings, proceedings, and determinations. (All such notifications and records must be in writing    with copies maintained at Central Office.)

• The grievance procedures must give the parties an equal opportunity to present and access relevant and    not otherwise impermissible evidence and provide a reasonable opportunity for each party to respond    
  to that evidence.

• The decision-maker or the "single investigator" must objectively evaluate each party's relevant and not
  otherwise impermissible evidence.

• The grievance procedures must enable the decision-maker to assess a party's or witness's credibility
  when credibility is in dispute and relevant.

• In evaluating the party's evidence, the grievance procedures must use the preponderance of the evidence standard of proof (unless the District uses the clear and convincing evidence standard in all
  other comparable proceedings, including proceedings relating to other discrimination complaints, in
  which case the District may use that standard in determining whether sex discrimination occurred).

• The District must not impose disciplinary sanctions under Title IX on any person unless it determines at the conclusion of grievance procedures that sex discrimination for which the person was responsible has occurred.

Important Considerations:

• The District has more than one Title IX Coordinator: one for employees and one for students or other differentiated roles. It is essential that they communicate and collaborate openly and regularly with each other to ensure one Title IX Coordinator remains responsible for all matters related to District Compliance with the implementation of 2024's Title IX Final Rule.

• Schools will use a single investigator model (combining the roles of the investigator and decision maker). Schools may choose to use this model in some but not all cases as long as the grievance procedures clearly state when the District will use it.

• All complaints should be handled immediately and kept at the lowest level.

• Continue to communicate to the "community" where to go and who is responsible for handling Title IX non-discrimination complaints and/or inquiries.

• Documentation is critical: When the complaint was filed/shared, notes from the investigation, whether or not the matter rose or didn't rise to the level of a Title IX violation. Describe what occurred without using "triggering" language. Describe what had occurred. Document how it was determined the matter will not become or continue to be an ongoing issue/concern.

Monitor the District Title IX Grievance Procedure to Ensure the Following:

• The intake process clearly identifies the initial report obligations of school staff: What is the intake process? Who makes the decision if it's a Title IX matter? What are the staff obligations? Who makes the determination whether or not the reported matter falls under Title IX? What are the time commitments? Who performs the investigation? Who makes the decisions and renders a determination? Who delivers the consequences?

• When does a matter go beyond the "normal" student bumping into another? How are cases triaged and managed? When does the Title IX Coordinator become involved? How does the District build and ensure consistency among its schools - whatever is determined must be consistently applied?

• Upon receipt of a complaint or inquiry, immediately respond. Email responses should include the attached policies and procedures.

• Take all matters seriously. Report them to the correct person. Take immediate action to address conflicts and matters related to "challenging behavior:" (i.e., separate students while the investigation proceeds).

• Avoid using terms such as "sexually harassed or bullied." Instead, describe the behaviors reported until such determinations can be justified.

• Focus on setting the correct process in place. Do something. Avoid decision paralysis.

• Contact the person making the complaint and indicate that you've immediately taken the necessary steps to address the concern. Document those communications.

• When a parent is required to attend an interview with the child, express that it is important for you to hear from the child directly.

• Review, document, and make a decision. Consider all factors relevant.

• The standard of proof to determine whether sex discrimination occurred shall be based upon a "preponderance of evidence" standard unless a "clear and convincing" standard is used in comparable proceedings.

If Windsor Locks Public Schools has knowledge of conduct that reasonably may constitute sex discrimination, including sex-based harassment as defined in this policy in its education program or activity, it will respond promptly and effectively. These procedures apply to a complaint of sex-based harassment in the district's program or activity that includes those occurring on or off school grounds.

As used in these procedures, a "complaint" is an oral or written request to the District that objectively can be understood as a request to investigate and make a determination about alleged discrimination under Title IX or its regulations.

If the Title IX Coordinator reasonably determines conduct as alleged could not constitute sex-based discrimination under Title IX, the Title IX Coordinator is not required to implement the formal procedures under this policy. The reported conduct may, in such cases, be referred to the appropriate administrator(s) for response under relevant policies and procedures (i.e., personnel policies, student code of conduct, student counseling, other student services, restorative practices, policies governing visitors to district property, technology use policies, etc.)

The Title IX Coordinator may serve as investigator and decision-maker in these procedures. The District requires that any Title IX Coordinator, investigator, or decision-maker not have a conflict of interest or bias for or against complaints or respondents generally or an individual complainant or respondent.

Protections for Students, Employees, and Applicants from Discrimination Based on Pregnancy or Related Conditions

Schools must provide reasonable modifications for students based on pregnancy or related conditions, allow employees reasonable break time for lactation, and provide students and employees with access to a clean, private lactation space.

Prohibition Against Retaliation

The Board prohibits all forms of intimidation, threatening, coercion, or discrimination against someone in order to interfere with their Title IX rights or because they reported sex discrimination, including sexual violence or other forms of sex-based harassment, or participated in, or refused to participate in, the district's Title IX process. The District shall protect students from peer retaliation by other students.

The Rights of Parents and Guardians to Act on Behalf of Their Children

The Board expressly supports parents' and guardians' rights to act on behalf of a minor student, including when seeking assistance under Title IX and participating in a school's Title IX grievance procedures. While it is permissible for parents/legal guardians to attend meetings where their child is interviewed as a witness, complainant, or respondent, the staff member conducting the interview shall ensure the student has the opportunity to provide direct testimony.

Ensuring District Communication Regarding its Non-Discrimination Policies and Procedures

The Board shall require its schools to clearly and effectively inform key people, including students, employees, and applicants, of the District's non-discrimination policies and procedures.

Prohibition Against Schools Sharing Personal Information (Confidentiality and Privacy)

The Board prohibits any of its schools under its jurisdiction from disclosing personally identifiable information they obtain through complying with Title IX, with limited exceptions, such as when they have prior written consent or when the information is disclosed to the parent of a minor. Such consent should be in writing and maintained in secured district areas.

The District shall not disclose personally identifiable information obtained in the course of complying with Title IX, except in the following circumstances:

1. When the district has obtained prior written consent from a person with the legal right to consent to the disclosure;

2. When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;

3. To carry out the purposes of Title IX, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in the District's education program or activity;

4. As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or

5. To the extent that such disclosures do not otherwise conflict with Title IX when required by state or local law or permitted under FERPA.

Privacy During Grievance Process: The District shall take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps shall not restrict the parties' ability to obtain and present evidence, including by speaking to witnesses, consulting with their family members, using confidential resources or advisors, or otherwise preparing for or participating in the grievance procedures.

In School Protections from Harm when Students Are Separated or Treated Differently Based on Sex

Pursuant to Title IX (Final Rule), The Board prohibits separation or treating people differently based on sex in a manner that subjects them to more than de minimis harm, except in limited circumstances permitted by Title IX. The Board further recognizes that preventing someone from participating in school (including in sex-separate activities) consistent with their gender identity causes that person more than de minimis harm. This general nondiscrimination principle applies except in the limited circumstances specified by statute, such as in the context of sex-separate living facilities and sex-separate athletic teams.

Child Services or Law Enforcement Reporting

Nothing in this policy or regulation modifies the District's legal responsibility for reporting child abuse and neglect or violations of the law. In cases where a Child Abuse and Neglect call has been made that concerns conduct that also triggers the District's obligation to respond under Title IX, the Title IX Coordinator will engage as appropriate and legally required with the Department of Children and Families (DCF), law enforcement agencies, and related service agencies as appropriate.

The Title IX response from the District should be integrated with, not replaced by, the DCF response to a report. In cases of law enforcement engagement with conduct reported, the District will coordinate with law enforcement concerning the District's response, including the provision of appropriate Title IX supportive measures to affected parties and the sequencing of formal Title IX procedures relative to any law enforcement investigatory and adjudicatory process.

Special Education/504 Considerations

If a complainant or respondent is a student with a disability, the Title IX Coordinator must consult with one or more members, as appropriate, the Team responsible for implementing the Student's Individualized Education Program, the Planning and Placement Team (PPT), or one or more members, as appropriate, of the group of persons responsible for the student's placement decision under Section 504, if any, to determine how to comply with the requirements of the District's implementation of grievance procedures and/or supportive measures.

Supportive Measures

As part of promptly and effectively ending any sex-based discrimination in the district's program or activity, preventing its recurrence, and remedying its effect, the District will offer and coordinate supportive measures through the Title IX Coordinator, to complainants as appropriate and, if a grievance has commenced, to the respondent as appropriate.

For complaints of sex-based harassment, these supportive measures may include individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1. Restore or preserve that party's access to the recipient's education program or activity, including measures that are designed to protect the safety of the parties or the recipient's educational environment; or

2. Provide support during the recipient's grievance procedures or during an informal resolution process.

For allegations of sex discrimination other than sex-based harassment or retaliation, the District's provision of supportive measures does not require the District, its employee, or any other person authorized to provide aid, benefit, or service on the District's behalf to alter the alleged discriminatory conduct during the grievance process for the purpose of providing a supportive measure.

Supportive measures may vary depending on what the District deems to be reasonably available. These Measures may include but are not limited to: counseling; deadline extensions and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.

The district may, as appropriate, modify or terminate supportive measures at the conclusion of the grievance procedures or the informal resolution process, or it may continue them beyond that point.

The District will provide a complainant or respondent with a timely opportunity to seek, from an appropriate and impartial employee, modification or reversal of the District's decision to provide, deny, modify, or terminate supportive measures applicable to them. The reviewing employee must be someone other than the employee who made the challenged decision and must have the authority to modify or reverse the decision if the impartial employee determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition of supportive measures. The District shall also allow a party to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.

The District will not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party's access to the education program or activity, or when an exception to this policy's prohibition on disclosures of personally identifiable information applies.

If the complainant or respondent is a student with a disability, the Title IX Coordinator will consult with one or more members, as appropriate, of the Team overseeing the student's IEP, if any, or one or more members, as appropriate, of the group of persons responsible for the student's placement decision, if any, to determine how to comply with the requirements of the 504 Plan in the implementation of supportive measures.

Complaint Procedures

The following people have a right to make a complaint of sex discrimination in the program or activity of the District:

1. Any student or district employee;

2. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complaint;

3. Any person other than a student or employee who was participating or attempting to participate in the district's education program or activity at the time of the alleged sex discrimination;

4. Title IX Coordinator.

Limitation on Complaints of Sex-Based Harassment including Hostile Environment: A person is entitled to make a complaint of sex-based harassment (a sub-category of sex discrimination), including a sex-based hostile environment, only if:

1.     They themselves are alleged to have been subjected to the sex-based harassment;

2.     They have a legal right to act on behalf of such person; or

3.     The Title IX Coordinator initiates a complaint in cases where Title IX permits or requires the Title IX                 Coordinator to make the complaint.

District-Initiated Complaints:  In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator may determine whether to initiate a complaint of sex discrimination that complies with the grievance procedures. To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

1. The complainant's request not to proceed with the initiation of a complaint;

2. The complainant's reasonable safety concerns regarding the initiation of a complaint;

3. The risk that additional acts of sex discrimination would occur if a complaint is not initiated;

4. The severity of the alleged sex discrimination, including whether the discrimination, if established,
   would require the removal of a respondent from school grounds or the imposition of another
   disciplinary sanction to end the discrimination and prevent recurrence;

5. The age and relationship of the parties, including whether the respondent is an employee of the district;

6. The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex
   discrimination, or sex discrimination alleged to have impacted multiple individuals;

7. The availability of evidence to assist the Title XI Coordinator or the assigned Decision-maker in
   determining whether sex discrimination occurred; and

8. Whether the District could end the alleged sex discrimination and prevent its recurrence without
   initiating its grievance procedures.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person or that the conduct as alleged prevents the District from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint.

Complaint Consolidation

The District may consolidate complaints of sex discrimination against more than one respondent, by 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. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include plural, as applicable.

Complaints Concerning District Policy or Practice

Not all complaints of sex discrimination involve active participation by complainants and respondents, including those alleging that the District's own policies and procedures discriminate based on sex. When a sex discrimination complaint alleges that the District's own policies or practices discriminate on the basis of sex, the District is not considered a "respondent" for procedural purposes. However, the District shall fully implement and follow those parts of the grievance procedures that apply to such complaints and complainants, including when respondents allege that the District's policy or practice discriminates on the basis of sex.

For a complaint alleging that an individual engaged in sex discrimination based on actions the individual took in accordance with the District's policies or practices, the District shall treat the individual as a respondent and comply with the requirements in these grievance procedures that apply to respondents.

Upon Complaint Receipt

When notified of conduct that reasonably may constitute sex discrimination under Title IX or its regulations, the Title IX Coordinator will:

1. Treat the complainant and respondent equally;

2. Offer and coordinate supportive measures as appropriate for the complainant. In addition, if the District has initiated grievance procedures or offered an informal resolution process to the respondent, the Title IX Coordinator will offer and coordinate supportive measures as appropriate for the respondent;

3. Notify the complainant - or if the complainant is unknown, the individual who reported the conduct - of the grievance procedures and the informal resolution process, if available and appropriate;

4. If a complaint is made, notify the respondent of the grievance and the informal resolution process, if available and appropriate;

5. In response to a complaint, initiate the grievance procedures or the informal resolution process;

6. Regardless of whether a complaint is initiated, take other appropriate, prompt, and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that sex discrimination does not continue or recur within the District's education program or activity;

7. The Title IX Coordinator is not required to comply with 1-7 of this section upon being notified of conduct that may constitute sex discrimination if the Title IX Coordinator reasonably believes that the conduct as alleged could not constitute sex discrimination under Title IX or this part.

Upon initiation of the District's Title IX Grievance Procedures, the District will further notify parties of the following:

1. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incidents(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);

2. Retaliation is strictly prohibited; and

3. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If the District provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

Dismissal of a Complaint

The Title IX Coordinator may dismiss a complaint of sex discrimination if:

1. The District is unable to identify the respondent after taking reasonable steps to do so;

2. The respondent is not participating in the District's education program or activity and is not employed by the District;

3. The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven, or

4. The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.

Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant. Upon dismissal, the District 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 the District will also notify the respondent of the complainant, or simultaneously if notification is in writing.

When a complaint is dismissed, the District will, at a minimum:

1. Offer supportive measures to the complainant as appropriate;

2. If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

3. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue to recur within the District's education program or activity.

Dismissal on these grounds does not prevent the application of any other District policy that applies to the alleged conduct or referral of the alleged conduct to appropriate administrators.

Appeal of Dismissal of Complaint

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following basis:

1. Procedural irregularity that would change the outcome;

2. New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

3. The Title IX Coordinator (or the assigned 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.

If the dismissal is appealed, the District will:

1. Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

2. Implement appeal procedures equally for the parties;

3. Ensure that the decision-maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

4. Ensure that the decision-maker for the appeal has been trained consistent with the Title IX regulations;

5. Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

6. Notify the parties of the result of the appeal and the rationale for the result.

Investigation of the Complaint by the District

The District will provide for adequate, reliable, and impartial investigation of complaints. The burden is on the District-not on the parties-to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. Any employee or any other person authorized by the District to provide aid, benefit, or service under the District's education program or activity must, upon request by the Title IX Coordinator (or an assigned investigator or a decision-maker), participate as a witness in, or otherwise assist with, an investigation or proceeding under this policy, including these grievance procedures.

1. The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures;

2. The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence;

3. Credibility determinations will not be based on a person's status as a complainant, respondent, or witness;

4. The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible;

5. The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance;

6. The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible in the following manner:

a. The District will provide an equal opportunity to access either the relevant and not otherwise
    impermissible evidence or an accurate description of this evidence. If the District provides a description of
    the evidence, the District will provide the parties with an equal opportunity to access the relevant and not
    otherwise impermissible evidence upon the request of any party;

b. The District will provide a reasonable opportunity to respond to the evidence or the description of the
evidence; and

c. The District will take reasonable steps to prevent and address the parties' unauthorized disclosure of
information and evidence obtained solely through the grievance procedures. Disclosures of such
information and evidence for purposes of administrative proceedings or litigation related to the complaint
of sex discrimination are authorized.

Evidentiary Exclusions:

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

1. Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

2. A party's or witnesses' records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness unless the District obtains that party's or witness' voluntary, written consent for use in its grievance procedures; and

3. Evidence that relates to the complainant's sexual interests or prior sexual conduct, unless evidence about the complainant's prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant's prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred. 

Questioning the Parties and Witnesses:

The grievance decision-maker (or the Title IX Coordinator if applying the "single-investigator model) will question parties and witnesses to adequately assess a party's or witnesses' credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. Where the investigator (or the Title IX Coordinator) has interviewed a party or witness, and the investigator is also serving as the grievance decision-maker, credibility evaluation is inherent in the process of conducting the interview. In situations where credibility determinations are required from a grievance decision-maker who did not interview a party or witness, the Title IX Coordinator will facilitate an opportunity for the decision-maker's process of engaging with the evidence resulting from the investigation.

Determining Whether Sex Discrimination Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the grievance decision-maker (or Title IX Coordinator) will:

1. Use the "preponderance of evidence" standard of proof to determine whether sex discrimination occurred.

a.  The standard of proof requires the decision-maker (or Title IX Coordinator) to evaluate relevant and not
  otherwise impermissible evidence for its persuasiveness.

b. If the decision-maker (or Title IX Coordinator) is not persuaded by the evidence that sex discrimination
occurred, whatever the quantity of the evidence is, the decision-maker (or Title IX Coordinator) will not
determine that sex discrimination occurred.

2.  Notify the parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination and the procedures and permissible bases for the complainant and respondent to appeal.

3.  Identify recommended discipline for the respondent for sex discrimination prohibited by Title IX under the District's Code of Conduct.

4.   Promptly transmit the grievance record and the determination to the Title IX Coordinator if the Title IX    Coordinator did not serve as the decision-maker.

Disciplinary Sanctions for Sex-Based Harassment

Notice is hereby given that following a determination that sex-based harassment occurred, the District may impose disciplinary sanctions, which may include consequences imposed on a respondent following a determination under Title IX that the respondent violated the District's prohibition on sex discrimination.  For employees, prohibitions and consequences are stated in policies, labor contracts, and statutes.

The Title IX Coordinator shall provide the appropriate administrator with the findings and determinations arising from the grievance procedures to implement disciplinary sanctions against a respondent for violating the prohibition on sex discrimination.

Remedies

Notice is hereby given that the District may provide remedies, which may include measures provided, as appropriate, to a complainant or any other person the District identifies as having had equal access to the District's education program or activity limited or denied by sex discrimination.  These measures are provided to restore or preserve that person's access to the District's education program or activity after the District determines that sex discrimination occurred. A wide variety of remedies affecting personal circumstances may be appropriate depending on the circumstance. Remedies may cause additional burdens upon respondents who have violated the prohibition on sex discrimination. Remedies may include recommended adjustments in District Policies and Practices.

District Determination that Sex Discrimination Occurred

When the respondent is found to have violated the prohibition on sex discrimination under this policy, the Title IX Coordinator will, as appropriate:

1. Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District's education program or activity limited or denied by sex discrimination;

2. Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue to recur within the District's education program or activity; and

4. Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

5. Refrain from disciplining a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred. 

Appeal of the Determination that Sex Discrimination Occurred (Merits Appeals)

All persons serving as decision-makers in appeals arising from the Title IX grievance process are subject to applicable training requirements. The Title IX Coordinator will continue to manage appropriate supportive measures during all appeals.

For student respondents, generally, a determination of whether sex discrimination occurred will be appealable by either the complainant or the respondent, or both. Appropriate supportive measures managed by the Title IX Coordinator will continue during the appeals. If the determination that sex discrimination occurred is affirmed, reversed, or modified on appeal, the grievance returns to the Title IX Coordinator to modify the District's response actions as and if appropriate.

For employee respondents, a determination that sex discrimination occurred will be appealable by either the complainant or the respondent, or both. Appropriate supportive measures managed by the Title IX Coordinator will continue during the appeals. If the determination that sex discrimination occurred is affirmed, reversed, or modified on appeal, the grievance returns to the Title IX Coordinator to modify the District's response actions as and if appropriate. However, when a final determination is made that an employee violated the prohibition on sex discrimination under Title IX, the concluded grievance record and determination will be sent to the Superintendent or a designee for purposes of determining disciplinary action specifically directed at that employee.

Timeframe

The District has established the following timeframes for the major stages of the grievance procedure below. Timelines are not jurisdictional but merely establish expectations for being "prompt" in resolving Title IX matters in most cases. As used in this procedure, a "day" is a day the office of the Title IX Coordinator is open for business.

1. Evaluation of the complaint (i.e., decision whether to dismiss or investigate a complaint): Not to exceed five full school days upon receipt of a complaint

2. Notices and Investigation: Not to exceed 24 hours after proceeding with an investigation

3. Evidence organization, summarization by the Title IX Coordinator or a chosen Investigator: Not to exceed five school days upon proceeding with an investigation

4. Evidence review and response by parties: Not to exceed 48-hours upon receipt of such materials

5. Title IX Coordinator or a chosen Decision-maker evidence evaluation determination: Not to exceed 48-hours upon receiving such evidence

6. Appeal of determination: Completion of appeal process, including determination - Five school days

The District allows for reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. The Title IX Coordinator may grant these extensions on the Title IX Coordinator's own initiative or upon a qualifying request or need presented by a party, investigator, decision-maker, district administration, DCF, juvenile officer or agency, or law enforcement agency. The circumstances warranting a qualifying extension will be noted in the District's Title IX records of the complainant's case.

Overlapping Discrimination Claims and This Procedure

To the extent that the underlying facts and legal questions in a complaint handled under the Title IX grievance process overlap with and pertain to the District's compliance with another law or regulation concerning discrimination, the evidence and findings of the Title IX grievance process may be used for both purposes, in the discretion of the Title IX Coordinator. 

Maintenance of Records

The District is required to maintain for seven (7) years each notification received by the Title IX Coordinator of conduct that reasonably may constitute sex discrimination under Title IX or the regulations, documentations of the actions the District took to meet its obligations to respond promptly and effectively to complaints. Such records will be securely maintained in a locked file cabinet located in a secured office accessible to the Title IX Coordinator.

Regulation Approved: September 26, 2024