5145.5 - 4118.112 - 4218.112 - Prohibition Against Sexual Harassment

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SEXUAL HARASSMENT POLICY

Students/Personnel

5145.5/ 4118.112/4218.112- Prohibition Against Sexual Harassment

The Windsor Locks Public Schools recognize that sexual harassment, including sexual assault, is unlawful sex discrimination. The Board of Education (Board) prohibits sex discrimination/sexual harassment in the District’s education program or activities. Education program or activity includes locations, events, or circumstances over which the school exercises substantial control over both the respondent (alleged perpetrator of sexual harassment) and the context in which the sexual harassment occurs. In addition to occurring on school grounds, sex sexual harassment may potentially occur off campus, in places or situations where athletic and extracurricular activities occur, on field trips, on the school bus, at school related conferences or through use of school technology.

Schools shall respond to sexual harassment occurring in the District’s education program or activities for which they have “actual knowledge.” “Actual knowledge” means notice of sexual harassment or an allegation of sexual harassment brought to the attention of the Title IX Coordinator, any official of the school who has authority to institute corrective measures on the behalf or the school, as well as to any other employee of an elementary and secondary school.

Sexual harassment may take the form of student-on-student, employee-on- student, employee-on-employee, student-on-employee sexual harassment, or may be perpetrated against students or employees by third parties under the control of the District. Students who engage in proven sexual harassment may be subject to discipline, up to and including expulsion. Employees who engage in proven sexual harassment may be subject to disciplinary action, up to and including termination, as well as, other action required under the law.

Definition of Sexual Harassment for the Purposes of Title IX

Sexual harassment is conduct on the basis of sex that satisfies one or more of the following:

(i) A school employee conditioning an education benefit or service on participation in unwelcome sexual conduct (i.e. quid pro quo)

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

(iii) “Sexual assault” as defined in 20 U.S.C. 1092 (f)(6)(A)(v)(the Clery Act), “dating violence” as defined 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)(3) (the Violence Against Women Act (VAMA).

Examples of sexual harassment may include, but are not limited to:

• pressure for sexual activity

• repeated remarks with sexual or sexually demeaning implications

• unwelcome or inappropriate touching

• sexual assault

• suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning a student's grades or academic standing or an employee’s employment status

• telling lewd jokes or sharing stories about sexual experiences – even if not directed at you but done in your presence to cause you discomfort

• sending unwanted suggestive or lewd emails, letters or other communications or sharing images of a sexual nature around the workplace or displaying posters, items or screensavers of a sexual nature

• repeatedly asking for dates despite being rebuffed

• making sexually offensive gestures or facial expressions

• dating violence or stalking

Other Definitions

‘Complainant” is defined as a person who is alleged to be the victim of conduct that could constitute sexual harassment.

“Respondent” is defined as a person who is alleged to be the perpetrator of conduct that could constitute sexual harassment.

“Supportive measures” are defined as non-disciplinary, non-punitive, individualized services, offered as appropriate and without charge to a complainant or respondent before or after the filing of a formal complaint, or where no complaint has been filed.

Title IX Coordinator

The Superintendent of Schools designates and authorizes the Human Resources Director to be the District's Title IX Coordinator. This individual shall be given the title of and be referred to as the Title IX Coordinator and is responsible for ensuring compliance across the school district with Title IX, corresponding state law, and applicable board policy concerning sex discrimination/sexual harassment.

Applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions shall be notified of the name or title, office address, electronic mail address, and telephone number of the Title IX Coordinator.

The Title IX Coordinator’s contact information shall be posted on the District’s website and included in student and employee handbooks and published in other locations as deemed appropriate.

Reporting Sexual Harassment

Any person, including, but not limited to, students, their parents or guardians, employees, bystanders or third parties (whether or not the person is the alleged victim), may report sex sexual harassment, including sexual assault, occurring in the District’s education program or activities. Reporting may occur in person, by mail, by telephone or by electronic mail, using the contact information provided for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Reports may be made at any time including during non-business hours.

A formal complaint is defined as a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against an individual and requesting that the school investigate the alleged sexual harassment. In an instance where the Title IX Coordinator signs the complaint, the Title IX Coordinator is not a party to the complaint nor is such action taken on behalf of the complainant.

The Title IX Coordinator will make forms available for both informal reports and formal complaints of sexual harassment. Additionally, such forms will be posted on the District’s website. Informal reports are permissible and may be brought by any person. However, only a complainant and the District’s Title IX Coordinator may file a formal complaint. All formal complaints will be investigated. Supportive measures shall be offered to a complainant with or without the filing of a formal complaint.

There is no time limit on a complainant’s decision to file a formal complaint, but complainants are encouraged to promptly report incidents of sexual harassment, and/or to file a formal complaint.

Response including Supportive Measures

Any school employee with actual knowledge of sex discrimination/sexual harassment shall promptly inform the District’s Title IX Coordinator. The failure to do so may be grounds for disciplinary action.

Upon actual knowledge of sexual harassment, the Title IX Coordinator will promptly contact the complainant to advise and discuss with the complainant 1.) the availability of supportive measures with or without the filing of a formal complaint, 2.) the right to file a formal complaint and 3.) how to file a formal complaint.

A complainant as well as a respondent shall be offered free, individualized “supportive measures” (e.g. counseling, course related adjustments, modification of work or class schedules, escort services, increased security/monitoring of certain areas, mutual restrictions on contact between the parties) designed to restore or preserve equal access to education with or without a formal complaint. These, as well as other measures, may be part of a final remedy.

Upon the filing a formal complaint, the complainant will be provided with a copy of this policy and its grievance procedures.

Written notice shall be provided to the respondent and the complainant advising that a formal complaint has been filed. The respondent shall be entitled to a presumption of innocence during investigation of the complaint. Both parties will be treated fairly throughout the investigation and shall be entitled to an unbiased investigator who has not prejudged the matter being investigated.

Complaints that fail to allege a violation of Title IX shall be dismissed without investigation. This does not preclude the school administration from investigating or addressing the underlying conduct under relevant codes of conduct or board policy.

Emergency Removal/Administrative Leave

An emergency removal of a respondent from the education program or activity is permissible provided that the District conducts an individualized safety and risk analysis and determines that emergency removal is necessary in order to protect a student or other individual from an immediate threat to physical health or safety and notice and an opportunity to challenge the decision is provided. This does not modify any rights under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act (ADA).

An employee-respondent may be placed on administrative leave during the pendency of a grievance process.

Informal Resolution

At any point in the formal complaint process, the Districtwide Title IX Coordinator, in his/her discretion, may offer to facilitate an informal resolution option such as mediation or restorative justice.

Both parties must give voluntary, informed written consent.

Either party has a right to withdraw consent at any time, in which case the formal investigation shall proceed.

The informal resolution process shall not be available if the complainant/Victim is a student and the respondent is an employee.

Grievance Procedures

The District will promptly and thoroughly investigate all formal complaints of sexual harassment in accordance with established grievance procedures.

District grievance procedures shall be established in the form of a regulation accompanying this policy.

The grievance procedure shall be used for the reporting and investigation of, and response to a formal complaint of sexual harassment in the District’s education program and activities against a person in the United States.

The District’s grievances procedures shall be designed to comply with the regulation under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time. Among other required provisions, the grievance procedures shall establish standards for fairness and equity, including a requirement that the decision maker not be the same individual as the Title IX Coordinator or the investigator, explain how to file a complaint, address required notice, set out timelines for various components of the investigation and adjudication process, establish and explain grounds for the dismissal of a complaint and provide and explain the appeal process available to both parties, include a presumption of innocence for the respondent, state the

evidence standard to be used to determine responsibility and require objective evaluation of all available evidence.

Training

Training shall be provided to Title IX personnel in accordance with the regulation under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time. Additional training may be provided to all school employees as deemed advisable.

Training materials used to train Title IX personnel shall be posted on the District’s website.

Prohibition Against Retaliation

Retaliation against any party, witness or other participant to the grievance process is prohibited. Retaliation may form a basis for a complaint under this policy. The charging of a person with a code of conduct violation based upon a person making a materially false statement in bad faith in an investigation is not considered retaliatory.

Dissemination, Posting and Discussion of Policy

This policy along with its accompanying regulation/grievance procedure shall appear in the Student Handbook, be discussed with students at least annually and more often as needed, be posted in prominent and accessible locations in each school building and in the Board of Education offices and be published on the District’s website along with the name/title and contact information for the Title IX Coordinator.

Record Keeping

The District must keep records related to reports of alleged sexual harassment for a minimum of seven years, including investigation records, disciplinary sanctions, remedies, appeals, and records of any action taken, including supportive measures. Additionally, Districts must also keep for a minimum of seven years any materials used to train Title IX Coordinators, investigators, decision makers, any employee designed to facilitate an informal process.

Alternate Complaint Procedures

Statement of Protected Rights

Application of this policy and its grievance procedure shall not be interpreted to restrict rights protected under the U.S. Constitution, including the right to free speech, to be free from self-incrimination and to due process of law.

Legal References: Connecticut General Statutes

10-15c Discrimination in public schools prohibited. School attendance by five-year-olds.

United States Constitution, Article XIV.

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

Title IX of the Education Amendments of 1972, 34 C.F.R. 106.1, et seq.

Title IX Regulation, 34 C.F.R. Part 106

20 U.S.C. 1092 (f)(6)(A)(v)

34 U.S.C. 12291 (a)(8), (a)(10), (a)(36)

Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)

Davis v. Monroe County Bd. Of Educ.,526 U.S. 629 (1999)

Policy Adopted: August 13, 2020 (Replaces previous 4118.112/4218.112)

WINDSOR LOCKS PUBLIC SCHOOLS

R 5145.5/4118.112/4218.112 - Prohibition Against Sexual Harassment: Response to Reports of Sexual Harassment and Grievance Procedures for Formal Complaints

The Windsor Locks Public School District will respond to all incidents of sexual harassment: (a) of which it has actual knowledge, and (b) that occurs within the school’s education and program activity and c) occurs against a person in the United States.

“Actual knowledge” means notice of sexual harassment or an allegation of sexual harassment brought to the attention of the Title IX Coordinator, any official of the school who has authority to institute corrective measures on the behalf or the school as well as to any employee of an elementary and secondary school. Accordingly, any District employee with actual knowledge that sexual harassment is occurring shall notify the District’s Title IX Coordinator.

Education program or activity includes locations, events, or circumstances over which the school exercises substantial control over both the respondent (perpetrator of sex discrimination/sexual harassment) and the context in which the sex discrimination/sexual harassment occurs. In addition to occurring on school grounds, sex discrimination/sexual harassment may potentially occur off campus, in places or situations where athletic and extracurricular activities occur, on field trips, on the school bus, at school related conferences or through use of school technology depending upon whether the District exercises control over both the respondent and the context in which the sexual harassment occurs.

Reporting of Sexual Harassment

Informal Reports

Any person, including parent/guardians, students, employees and third parties may report sexual harassment occurring in the District’s education program or activity. Reporting may be in person, by mail, telephone, or by electronic mail, using the contact information provided for the Title IX Coordinator. Reports may be made during non-business hours. Reports may be made anonymously. When a reporter fails to identify a specific complainant (victim of sexual harassment) or to identify him/herself as the reporter, the District’s response may be limited. Informal complaints will be accepted in any form; however, forms for making both informal reports and formal complaints are available on the District’s website and from the Title IX Coordinator.

Formal Complaint

While third parties may make informal reports of sexual harassment occurring in the District’s education program or activities, a formal complaint may only be made by a complainant or be signed by the Title IX Coordinator, triggering an investigation. A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment and requesting that an investigation commence.

While there is no time limit for making an informal report or filing a formal complaint of sexual harassment, reporters/complainants are encouraged to promptly report incidents of sexual harassment to avoid the potential loss of evidence, a lapse in the memories of parties or witness or the unavailability of persons key to an investigation. The District understands that a victim may

decide not to report sexual harassment, to file a formal complaint and/or may decide to wait to come forward with a report/formal complaint for a variety of reasons. The District respects complainants’ decisions. However, the Title IX Coordinator has discretion to sign a formal complaint that initiates the grievance process where necessary to avoid deliberate indifference to sexual harassment even without a formal complaint from the complainant.

Forms for making both informal reports and formal complaints are available on the District’s website and from the Title IX Coordinator.

Supportive measures will be offered to a complainant with or without a formal complaint.

Response Including Supportive Measures

Upon actual knowledge of sex discrimination/harassment, the Title IX Coordinator will promptly contact the complainant to advise and discuss with the complainant (1) the availability of supportive measures (with or without a formal complaint), and consider the complainant’s wishes with respect to supportive measures (2) the right to file a formal complaint, and (3) how to file a formal complaint. The complainant shall be provided with a copy of the Board’s policy prohibiting discrimination and these regulations containing its grievance procedure.

With or without the filing of a formal complaint, a complainant as well as a respondent shall be offered, free of charge, non-disciplinary, non-punitive individualized supportive measures. Supportive measures are designed to restore or preserve equal access to the education program or activity, protect the safety of all parties and the educational environment, and deter sexual harassment, without unreasonably burdening the other party.

Supportive measures may include, but are not be limited to:

• Counseling

• Course adjustments

• Modification of work

• Modification of class schedules

• Escorts

• Increased monitoring

• Restrictions on contact

Supportive measures may be modified at any time as appropriate based upon changed or evolving circumstances and may be offered before or after the filing of a formal complaint or where no complaint has been filed at all. Supportive measures may also be part of any ultimate remedy.

No disciplinary action or other punitive measure for sexual harassment shall be taken against a respondent without first following the grievance procedures set out herein and a determination of responsibility has been made. If the respondent has engaged in conduct other than sexual harassment in violation of a code of conduct or similar restriction, the respondent may be disciplined for such action(s) notwithstanding an ongoing investigation.

Emergency Removal/Administrative Leave

With or without the filing of a formal complaint, an emergency removal of a respondent from the education program or activity is permissible provided that the District conducts an individualized safety and risk analysis and determines that emergency removal is necessary in order to protect a student or other individual from an immediate threat to physical health or safety, and provides notice and an opportunity to challenge the decision. This does not modify any rights under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act (ADA).

A non-student employee respondent may be placed on administrative leave during the pendency of an investigation.

Dismissals of Complaints

Mandatory Dismissal

A complaint of sexual harassment must be dismissed if:

1.) it fails to allege conduct that constitutes sexual harassment, even if proved;

2.) the alleged conduct did not occur in a District activity or program or

3.) the alleged conduct did not occur against a person in the United States.

Permissive Dismissal

A complaint of sexual harassment may be dismissed if:

1.) the complainant notifies the Title IX Coordinator that he/she wishes to withdraw the complaint or an allegation;

2.) the respondent’s enrollment or employment ends;

3.) specific circumstances exist that prevent the District from gathering enough evidence to reach a determination i.e. significant passage of time between the formal complaint and the alleged conduct; failure of a complainant to cooperate with the grievance process.

The complainant and the respondent will promptly and simultaneously be provided written notice of the dismissal of a complaint or allegation including the reasons for the mandatory or discretionary dismissal and an explanation of appeal rights.

Grievance Procedures (to be used for formal complaints only)

Grievance Procedures consistent with the regulations under Title IX as promulgated by the U.S. Department of Education and the principles of due process, the [Insert town] Board of Education adopts the following Grievance Procedures responsive to formal complaints.

a. Notice

Written notice of the complaint shall be provided to the respondent prior to an initial interview with the respondent.

Written notice provided to the respondent shall include:

• notice of the Grievance Procedure, including any informal resolution process;

• notice of the allegations in sufficiently detail to allow the respondent to prepare a response; a statement that the respondent is presumed innocent and responsibility will be determined at the conclusion of the Grievance Process;

• notice of the right to have an advisor to inspect/review evidence; and

• notice of any provision in applicable codes of conduct that prohibit knowingly making false statements or providing false information in the grievance process.

Likewise, the complainant shall be provided written notice of a formal complaint.

Additional written notice shall be provided to the parties in the event of additional or revised allegations of sexual harassment.

b. Investigation

The District will promptly investigate all formal complaints of sexual harassment in accordance with these grievance procedures. The District will designate personnel to investigate formal complaints and such personnel shall be trained in accordance with this regulation. The person designated as the investigator may not be the same person as the Decision-maker.

The respondent shall be entitled to a presumption of “innocence” until the investigation is complete. Both parties are to be treated fairly throughout the investigation and shall be entitled to an unbiased investigator who has not prejudged the matter being investigated.

The burden of proof shall be by a preponderance of the evidence. Both parties shall be provided with an equal opportunity to present facts and witnesses and other inculpatory or exculpatory evidence.

Each party shall have the opportunity to select an advisor of the parties “choice.”

The school shall send written notice to both the complainant and respondent of any investigative interviews, meetings or hearing.

The complainant and respondent and their advisors, if applicable, shall be provided evidence directly related to the allegations (electronic or hard copy) with at least ten (10) days to inspect, review and respond to the evidence. Such evidence shall not be further disseminated by the parties. The parties and advocates shall not further disseminate such evidence and may be required to execute a non-disclosure agreement.

The complainant and respondent shall not be prohibited from discussing the allegations or gather evidence, i.e. no “gag” orders. All parties First Amendment rights shall be honored.

Confidential information such as medical or psychological reports cannot be used as part of the investigation without written voluntary consent of the party.

Evidence of the complainant’s prior sexual activity is not relevant and may not be introduced except to prove that someone other than the respondent committed the alleged misconduct or is offered to prove consent.

Supportive measures shall be offered to the complainant or respondent pending a final resolution after consultation with them.

c. Investigative Report

At the conclusion of the investigation, the investigator conducting the investigation shall prepare a report summarizing the evidence, shall provide a copy to the complainant and respondent, and give the parties ten (10) days to respond. Each party shall be provided an opportunity to submit written, relevant questions that a party wants asked of the other party, or a witness, and provide each party with the answers to each such questions.

d. Decision Maker

The decision maker, the Assistant Superintendent, must review the evidence applying the preponderance of the evidence standard and issue a written determination regarding responsibility with findings of fact, conclusions as to whether the conduct alleged occurred; the rational for the result as to each allegation; and any discipline imposed on the respondent, and any other remedies to be provided to the complainant to restore or preserve equal access to the District’s education program or activity

The written determination will be sent simultaneously to the parties along with an explanation of how to file an appeal.

Remedies

Remedies will be provided to a complainant when a respondent it found responsible. Remedies shall be designed to maintain the complainant’s equal access to education.

The range of remedies in the case a violation is found can range from counseling to serious discipline, up to and including expulsion/termination.

The range of remedies depends on the circumstances but may include previously provided supportive measures, grade changes; the opportunity to retake a test or resubmit an assignment; reassignment of class; school-based counseling; and reinstatement to a team or activity as well as other appropriate measures.

The Title IX Coordinator shall oversee the effectiveness of the remedies toward ensuring no continued discrimination occurs.

Appeal

An appeal of the determination may be filed by either party with the Superintendent of Schools, for one of the following reasons:

1.) procedural irregularities

2.) newly discovered evidence that could affect the outcome

3.) the Title IX personnel (Title IX coordinator, investigator/decision maker, etc.) had a conflict of interest or bias that altered the outcome

Retaliation

Retaliation against any party, witness or other participant to an investigation is prohibited.

Any claim of such may be filed in accordance with this Grievance Procedure. Discipline for filing or making a false statement shall not constitute retaliation absent evidence of such motivation.

Informal Resolution

At any point in the formal complaint process, the Districtwide Title IX Coordinator, in his/her discretion, may offer an informal resolution option such as mediation or restorative justice. The staff member appointed to conduct the informal resolution shall be unbiased and receive appropriate training.

Both parties must give voluntary, informed written consent.

Either party has a right to withdraw consent at any time, in which case the formal investigation shall proceed.

The informal resolution process shall not be available if the complainant/victim is a student and the respondent is an employee.

Informal resolution may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation or restorative justice.

Confidentiality

The identities of the complainants, respondents and witnesses, except as provided herein or as required by law, including FERPA, shall not be disclosed.

Record Keeping

Alternate Complaint Procedures

In addition, or as an alternative to the filing of a sex discrimination/sexual harassment complaint through the District’s grievance procedure, a person may choose to file a complaint with the Office for Civil Rights of the United States Department of Education, any other state or federal agency designated to receive such complaints and/or to report an incident of sexual harassment to law enforcement.

Statement of Protected Rights

Mandated Reporters

Nothing in the Board’s sexual harassment policy or this regulation shall interfere with or alter a mandated reporter’s responsibility to report child abuse or neglect or sexual assault to DCF or the police as may be required by law.

Training

Training shall be provided to Title IX personnel, including, but not limited to, Title IX Coordinators, investigators, decision makers, and any employee designed to facilitate an informal process in accordance with the regulation under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time.

Training shall include, but is not limited to, explanation or instruction regarding:

• the definition of “sexual harassment”

• grievance procedures

• how to conduct an investigation-

• how to prepare an investigative report

• training on any technology that might be needed to carry out responsibility for investigation or decision making e.g. recording device for live hearing

• issues of relevance including how to apply rape shield protections for complainants and application of legally recognized privilege

Training may additionally be provided to other school employees as deemed appropriate.

A record shall be kept reflecting the names of all employees who receive training along with the date and nature of the training.

Materials used to train personnel shall be posted to the District’s website and maintained as required under the regulations under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time.

Windsor Locks Public Schools

Shawn L. Parkhurst

Superintendent of Schools

Christian J. Strickland

Assistant Superintendent of Schools

58 South Elm Street, Windsor Locks, Connecticut 06096

Telephone 860 292-5000 Fax 860 292-5003

[Date]

Dear [Student or Employee]

Please be advised that a formal sexual harassment complaint has been filed naming you as a perpetrator of sexual harassment in a district education program or activity. Specifically, it is alleged that (insert description to provide sufficient detail to allow the respondent to prepare a response). Where known, include the name of parties, the conduct alleged to be sexual harassment, the date and location of the conduct].

In accordance with Title IX and District policy, sexual harassment is prohibited in the education programs and activities of the Windsor Locks Public Schools. The Windsor Locks Public Schools responds promptly and thoroughly to all formal complaints of sexual harassment following its established grievance procedures for the investigation of and response to complaints of sex discrimination/sexual harassment.

The person alleged to be the victim of sexual harassment is referred to as a complainant. As someone accused of sexual harassment, you are referred to as a “respondent”. A respondent is presumed innocent (not responsible for the conduct). Whether you have engaged in sexual harassment will be determined at the conclusion of the grievance process.

Attached for your review is a copy of Windsor Locks Board of Education Policy 5145.5/4118.112/4218.112, Prohibition Against Sex Discrimination and Sexual Harassment, and its regulation containing the District’s grievance procedures.

The grievance procedures contain information about how the complaint will be investigated and your rights and that of the complainant including the right to designate an advisor of your choosing to review and inspect evidence on your behalf prior to a final determination. An advisor may be, but is not limited to, a parent, a relative, an advocate or a lawyer, but need not be a lawyer.

You have been provided with this notice and attached information so you may respond thoughtfully when interviewed. A school official designated as the District’s official investigator in this matter will contact you to schedule an initial interview. The purpose of the initial interview is to explain the grievance process, discuss the allegations and provide you with an opportunity to ask questions, share information, and respond to the allegations. Interviews are part of the

investigation process and are essential to the fact-finding process required prior to the issuance of a final determination.

Be advised that anyone who knowingly makes false statements or provides false information in the grievance process may be subject to disciplinary action in accordance with Board of Education policy.

Your cooperation is appreciated while this matter is investigated.

Sincerely,

Sheri Lee

Human Resources Director

cc: [insert names of individuals to receive a copy]

Enclosures: Board Policy and regulation [insert #], Grievance Procedures

Windsor Locks Public Schools

Shawn L. Parkhurst

Superintendent of Schools

Christian J. Strickland

Assistant Superintendent of Schools

58 South Elm Street, Windsor Locks, Connecticut 06096

Telephone 860 292-5000 Fax 860 292-5003

[Date]

Dear [Student or Employee]

Please be advised that a formal sexual harassment complaint has been filed identifying you as a victim of sexual harassment in a district education program or activity. Specifically, it is alleged that [insert description to provide sufficient detail. Where known, include the name of parties, the conduct alleged to be sexual harassment, the date and location of the conduct].

In accordance with Title IX and District policy, sexual harassment is prohibited in the education programs and activities of the Windsor Locks Public Schools. The Windsor Locks Public Schools follow its established grievance procedures for the investigation of and response to complaints of sex discrimination/sexual harassment.

Attached for your review is a copy of Windsor Locks Board of Education Policy 5145.5/4218.112/4218.112, Prohibition Against Sex Discrimination and Sexual Harassment, and its regulation containing the District’s grievance procedures.

As someone alleged to be the victim of sexual harassment, you are referred to as a “complainant” and the person alleged to have perpetrated the conduct that could constitute sexual harassment is referred to as a “respondent”.

The grievance procedures contain information about how the complaint will be investigated and explain the rights of both the complainant and respondent. One right is the right to designate an advisor of your choosing to review and inspect evidence on your behalf prior to a final determination. An advisor may be, but is not limited to, a parent, a relative, an advocate or a lawyer, but need not be a lawyer. Whether or not the respondent has engaged in sexual harassment will be determined at the conclusion of the District’s grievance process. A respondent is presumed innocent (not responsible for the conduct) until proven otherwise. If sexual harassment is determined to have occurred, remedies will be provided. Retaliation for filing a complaint, or participation in the grievance process is prohibited.

The respondent(s) has/have also been provided with written notification of the complaint. If you are subjected to new or continued sexual harassment, are physically threatened by the respondent, or retaliated against by anyone for your involvement in this complaint, contact the Title IX Coordinator (Sheri Lee) so appropriate responsive action may be taken.

Be advised that anyone who knowingly makes false statements or provides false information in the grievance process may be subject to disciplinary action in accordance with Board of Education policy.

Your cooperation is appreciated while this matter is investigated.

Sincerely,

Sheri Lee

Human Resource Director

cc: [insert names of individuals to receive a copy]

Enclosure: Board Policy 5145.5/4118.112/4218.112 and its Regulation with Grievance Procedures

WINDSOR LOCKS PUBLIC SCHOOLS

NON-DISCLOSURE AGREEMENT

TITLE IX INVESTIGATION

I, [insert name] am a party (either a complainant or respondent) to a Title IX complaint and investigation. As a party, I may permissibly discuss allegations under investigation, may review evidence, both exculpatory and inculpatory, and will be provided an investigative report issued by the officer assigned to investigate (“confidential information”).

I understand and agree to use the materials provided for my inspection and review solely for the purpose of the Title IX Grievance Process. I may share them with my designated advisor, if I choose to have an advisor. Any further dissemination or disclosure by me or my advisor of these confidential materials along with the content therein is prohibited. I am free to treat information that is solely about me in any manner I so choose including sharing with others.

I may not copy, share, provide or otherwise disclose or disseminate confidential information about the opposing party to any individuals, organizations, groups or entities either in person, in writing, or by use of electronic technology or social media or in any other manner. At the conclusion of the matter, I will return and/or destroy any and all such confidential information provided to me in connection with the Title IX complaint and investigation.

I acknowledge that in the event that I breach this agreement, in addition to any other remedies which are available, the school district would be entitled to injunctive relief in that there may not be an adequate remedy at law in the event of such a breach.

I agree by signing below not to further disclose or disseminate the confidential information thereof, including any and all copies and reproductions of the same. In so doing, I do not waive my first amendment rights to discuss the allegations or to gather evidence.

_____________________________

(Name of Student/Employee)

_____________________________ _________________

(Signature) (Date)

Received by: ___________________________ ____________________

(Name/signature) (Date)

Materials reviewed/inspected or provided:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The section below is to be completed upon the issuance of a decision of responsibility or at the conclusion of any appeal.

_________________________________________________________________________________________________________________________________________________

I hereby certify that the materials provided to me have been returned or destroyed.

Signature of party:___________________________________________________________

Materials received by:

__________________________________________ ________________

(Title/Name/Signature) (Date)

Form B

WINDSOR LOCKS PUBLIC SCHOOLS

FORMAL COMPLAINT OF SEXUAL HARASSMENT

This form may be used by any student or employee of the District who believes they are a victim of sexual harassment occurring in the District’s education program or activities and wishes to file a formal complaint. The filing/signing of this form will trigger a full investigation. With or without a formal complaint, supportive measures will be offered to both a complainant (alleged victim) and respondent (alleged perpetrator). To initiate this complaint, return this form to the District’s Title IX Coordinator who may be contacted as follow: Sheri Lee, Human Resources Director.

Complainant’s Name ______________________________________________________________

Home Address ______________________________________________________________

Name of School of attendance or employment _______________________________________________________________________

Home Phone_________________________ Work Phone Cell Phone___________________________

Grade (student) _______________________________________________________________

Current position/job (employee) ___________________________________________________

Email address__________________________________________________________________

Preferred method of contact _______________________________________________________

Date of Alleged Incident(s) ________________________________________________________

Name of person(s) you believe engaged in sexual harassment

List any witnesses that were present/have knowledge

______________________________________________________________________________

Where did the incident(s) occur?______________________________________________________

Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used: any specific verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary.)

I hereby certify that the information provided in this complaint is true, correct, and complete to the best of my knowledge and belief. By signing below, I request that a full investigation occur in accordance with Board Policy 5145.5 and its regulations containing grievance procedures designed to address formal complaints of sexual harassment.

____________________________________ _____________________________

(Reporter’s Signature) (Date)

Received By: ________________________ _____________________________

(Name) (Date)

_______________________________

(Signature)

Form A

WINDSOR LOCKS PUBLIC SCHOOLS

INFORMAL REPORT OF SEXUAL HARASSMENT

This form may be used by any individual who wishes to make a report of sexual harassment occurring in the District’s education program and activities. Anonymous reports are permitted but may limit the District’s ability to respond. A complainant (student or employee believing he/she is a victim of sexual harassment) may choose to file an informal report using this form or to file a formal complaint triggering a full investigation by completing District Form B. With or without a formal complaint, supportive measures will be offered to both a complainant and respondent (alleged perpetrator).

Return this form to the District Title IX Coordinator who may be contacted as follows:

Sheri Lee, Human Resources Director

Reporter’s Name_________________________________________________________________

Home Address

Name of School (if a student/employee) _____________________________________________

Home Phone_______________Work Phone Cell Phone _____________________

Email address__________________________________________________________________

Preferred method of contact_______________________________________________________

Date of Alleged Incident(s) ________________________________________________________

Alleged victim’s name (if not the reporter)

Name of person(s) you believe engaged in sexual harassment

List any witnesses that were present/have knowledge

______________________________________________________________________________

Where did the incident(s) occur?__________________________________________________

Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used: any specific verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical

contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary.)

I hereby certify that the information I have provided in this report is true, correct, and complete to the best of my knowledge and belief.

__________________________________ ________________________________

(Reporter’s Signature) (Date)

All reports of sexual harassment will be responded to in accordance with Board Policy 5145.5 and its regulation.

Received By: _____________________________ ________________________________

(Name) (Date)

____________________________________________

(Signature)

WINDSOR LOCKS PUBLIC SCHOOLS

NON-DISCLOSURE AGREEMENT

TITLE IX INVESTIGATION

I have been selected by [insert name of student or employee] to be his/her advisor related to the investigation of a Title IX complaint in which [insert name of student or employee] is a named complainant/respondent. On behalf of [insert name of party], I may permissibly discuss allegations under investigation, may review evidence, both exculpatory and inculpatory, and am authorized to review an investigative report issued by the officer assigned to investigate (“confidential information”).

I understand and agree to use the materials provided for my inspection and review solely for the purpose of the Title IX Grievance Process. Any further dissemination or disclosure of these confidential materials along with the content therein is prohibited. I may not copy, share, provide or other disclose or disseminate them to any individuals, organizations, groups or entities either in person, in writing, or by use of electronic technology or social media or in any other manner. At the conclusion of the matter, I will return and/or destroy any and all such confidential information provided to me in connection with the Title IX complaint and investigation.

I acknowledge that in the event that I breach this agreement, in addition to any other remedies, the school district would be entitled to injunctive relief in that there may not be an adequate remedy at law in the event of such a breach.

I agree by signing below not to further disclose or disseminate the confidential information thereof, including any and all copies and reproductions of the same.

_______________________________________________

(Name)

_______________________________________________ _________________

(Signature) (Date)

Received by: __________________________________ ___________________

(Name/signature) (Date)

____________________________________________________________________________

The section below is to be completed upon the issuance of a decision of responsibility or at the conclusion of an appeal, if any.

Materials reviewed/inspected provided: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I hereby certify that the materials provided have been returned or destroyed.

Signature of advisor: ________________________