Policy 1025 Implementation Procedures - Title IX Sexual Harassment

If supportive measures were provided to the complainant, a description of the supportive measures taken designed to restore or preserve equal access to the education program or activity; or

If no supportive measures were provided to a complainant, explains the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Any determination regarding responsibility, including dismissals;

Any disciplinary actions imposed on the respondent;

Any remedies provided to the complainant designed to restore or preserve equal access to the education program or activity;

Any appeal and the result therefrom;

Any informal resolution process and the result therefrom;

The Title IX Coordinator will provide notice to the complainant and the complainant’s parent (if the complainant is a non-eligible student under FERPA), and to the respondent (if known) and the respondent’s parent (if the respondent is a non-eligible student under FERPA):

The Title IX Coordinator will contact the complainant to discuss and offer supportive measures.

The Title IX Coordinator may contact the respondent to discuss, and or impose, non-disciplinary supportive measures.

The Title IX Coordinator will examine the allegations in the formal complaint to determine if the allegations are sufficient to sustain a finding of Title IX Sexual Harassment under this policy. If the Title IX Coordinator was not involved with preparing the formal complaint, the Title IX Coordinator will contact the complainant to discuss the formal complaint and whether amendment is appropriate.

If the formal complaint fails to satisfy the definition of Title IX Sexual Harassment, the formal complaint will be dismissed.

If the formal complaint is not dismissed, the Title IX Coordinator will consult with the Superintendent/designee to determine the appropriate investigator. At the same time, the Title IX Coordinator and the Superintendent/designee will appoint the person who will make the initial Determination of Responsibility (initial decision maker). In all cases, the investigator and the initial decision maker must be properly trained and otherwise qualified. The role of investigator and decision maker cannot be held by the same individual.

If the report alleges Title IX Sexual Harassment by the Superintendent/designee, the Title IX Coordinator will inform the HCPSS Board Chair and the Deputy Superintendent, the latter of whom will have authority to seek guidance from HCPSS’s General Counsel, but will not delay HCPSS’s response to the report as outlined in Policy 1025 Title IX Sexual Harassment.

Copies and Notices

Safety and Risk Analysis and Emergency Removal

Administrative Leave

Additional Allegations

No Interference with Legal Privileges

Consolidation of Formal Complaints

Remedies: Range of Disciplinary Actions and Remedial Actions Upon Final Determination of Responsibility

The Title IX Coordinator, in consultation with the Superintendent/designee, will designate a qualified person to investigate. The investigation and investigator must:

Prior to completion of the investigative report, HCPSS, through the Title IX Coordinator, must send to each party and party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

The investigator must prepare a written investigative report that fairly summarizes relevant evidence, including, without limitation, witness credibility, discrepancies, inculpatory and exculpatory information, and relevant HCPSS policies, rules and regulations, and the manner in which the same were made known to the pertinent school populations or specific parties. The investigative report will include a description of the procedural steps taken, starting with the receipt of the formal complaint, and continuing through the preparation of the investigative report, including any notifications to the parties, interview with parties and witnesses, site visit, and methods used to gather evidence.

The investigator will provide the investigative report in hard copy or electronic format to the Title IX Coordinator, to each party and each party’s advisor, if any. Each party will have 10 days from receipt to provide the Title IX Coordinator a written response to the investigative report.

All parties are served when investigations proceed diligently and conclude within a reasonable time, which may vary case by case. In most cases, it is expected that the investigator will conclude the initial investigation and provide the parties the evidence and other information required. Not more frequently than every other week, any party may request the Title IX Coordinator to obtain and provide the parties with a basic status report on the investigator’s progress toward completion. In most cases, the investigator should conclude the investigation within 10-20 days after receiving a formal complaint.

Prior to making a determination of responsibility, the initial decision maker will afford each party 10 days to submit written, relevant questions to the initial decision maker that the party wants asked of any party or witness.

The initial decision maker must explain to the party proposing the questions any decision to exclude a question as not relevant. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the question and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The initial decision maker will provide the questions to the party/witness, with copies to each party, and provide no less than 10 days for written responses, likewise to be provided to each party.

The initial decision maker will provide 5 days each for supplementary, limited follow-up questions and 5 days for answers, and may provide for additional rounds of follow-up questions, as long as the provision is extended to both parties equally.

The initial decision maker may not make any credibility determinations based on the person’s status as a complainant, respondent or witness.

The respondent must be deemed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

The initial decision maker may impose disciplinary actions and remedies.

The standard to be used for formal complaints in determining whether a violation has occurred and/or that the respondent is responsible is the preponderance of the evidence standard, which is only met when the party with the burden convinces the initial decision maker that there is a greater than 50% chance that the claim is true (i.e., more likely than not).

The initial decision maker must issue a written determination/decision within 10 days after the close of the period for responses to the last round of follow-up questions. The written initial Determination of Responsibility must include:

The decision maker will provide the initial Determination of Responsibility to the Title IX Coordinator, the Superintendent/designee and the parties simultaneously.

HCPSS must dismiss a formal complaint with regard to Title IX Sexual Harassment if the alleged conduct:

The HCPSS may dismiss a formal complaint with regard to Title IX Sexual Harassment if at any time during the investigation or determination of responsibility stage(s):

A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;

The respondent is no longer enrolled or employed by the HCPSS; or

Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Prior to dismissal of a formal complaint, the person responsible at that stage will consult with the Superintendent/designee.

Upon dismissal of a formal complaint, the HCPSS must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.

Either party may appeal the initial Determination of Responsibility or the dismissal of a formal complaint or any allegation in a formal complaint by notifying the Superintendent/designee in writing (written appeal), with a copy to the Title IX Coordinator. If there are multiple determinations of responsibility, the written appeal will specify which ones are included in the appeal. The written appeal must be received by the Superintendent/designee within 10 days of the initial Determination of Responsibility or written notice of dismissal being communicated to the parties.

An appeal under this policy may only be based upon one or more of the following bases, which must be stated specifically in the party’s written appeal:

Within 3 days of receipt of the written appeal, the Superintendent/designee will appoint a decision maker for appeal (appeals decision maker), who must have adequate training, be free from conflict of interest, and may not be the same person as the initial decision maker, the person who ordered dismissal, the investigator(s), or the Title IX Coordinator. Upon the appointment of the appeals decision maker, the Superintendent/designee provides a Notice of Appeal to each party and to the Title IX Coordinator, with a copy of the written appeal. The Notice of Appeal must include information about all deadlines and timeframes in the appeal stage.

Each party will have 10 days from the date the Notice of Appeal is delivered to the parties to submit to the appeals decision maker a written statement, with copies to the Superintendent/designee, Title IX Coordinator, and other party a statement (appeal statement) in support of, or challenging, the Determination of Responsibility or dismissal.

Each party will provide copies of the appeal statement to the other party, the Superintendent/designee, and the Title IX Coordinator at the same time the appeal statement is given to the appeals decision maker. If the basis of the appeal is newly available evidence affecting the outcome, the party will submit such evidence or a summary of such evidence along with the party’s appeal statement.

The appeals decision maker may refer an appealed issue back to a prior point in the grievance process, with written notice to the parties, the Superintendent/designee and the Title IX Coordinator.

The appeals decision maker will provide a written appeals decision after considering the record and the parties’ appeal statements. The appeals decision maker will only overturn the initial Determination of Responsibility upon a conclusion that it was clearly erroneous (i.e., either made on unreasonable grounds, or without any proper consideration of the circumstances). If the basis or one of the bases for the appeal was new evidence, the appeals decision maker may either make a Determination of Responsibility regarding that evidence, or refer it back to the appropriate stage of the Title IX Grievance Process. The written appeals decision will describe the result(s) of the appeal and the rationale, with copies provided to the parties, Superintendent/designee and Title IX Coordinator, no more than 10 days after receiving the last of the parties’ written statements.

Provides written notice to the parties disclosing:

Obtains the parties’ voluntary written consent to the informal resolution process; and