Policy 1020 Implementation Procedures - Sexual Discrimination, Sexual Harassment, and Sexual Misconduct

Announced in schools over the public address system at the beginning of the school year and at other times deemed appropriate

Published in school and system newsletters and/or handbooks

Posted in commonly used areas

Posted on school and system websites

Reviewed with students by classroom teachers or other appropriate employees

Provided to new students and parents through the registration process.

Review of applicable laws and policies with regard to sexual misconduct, including Policy 1025 Title IX Sexual Harassment and Policy 1030 Child Abuse and Neglect.

Duties and responsibilities as school system employees when dealing with incidents involving sexual misconduct.

Education as appropriate to enhance understanding and increase awareness of Policy 1020 Sexual Discrimination, Sexual Harassment, and Sexual Misconduct.

Guidelines for responding to complaints of sexual misconduct.

Opportunities designed to develop behaviors and attitudes that mitigate against inappropriate sexual overtures and pressures in school, work, and social settings.

Using available HCPSS student materials regarding sexual misconduct.

Employees who receive a complaint of sexual misconduct against a student should immediately consider whether the issue may constitute child abuse. If so, Policy 1030 Child Abuse and Neglect, must be followed, including all reporting requirements.

Reports to the Title IX Coordinator should be directed to:

Investigations regarding complaints of sexual misconduct will be conducted in a prompt, adequate, reliable, and impartial manner, which includes an opportunity for the parties to present witnesses and other evidence.

Complaints will be investigated in a sensitive manner that is careful to protect the complainant from harm or blame.

If no formal written complaint has been filed by or on behalf of a complainant who alleges he/she/they have been subjected to conduct that constitutes sexual misconduct, any school-based administrator who receives a report of a possible violation will, in consultation with the Title IX Coordinator, take all necessary interim actions reasonably calculated to prevent any violations from occurring during the period before the completion of informal and formal procedures under this policy. If the investigation suggests that there has been a violation, the school-based administrator, in consultation with the Title IX Coordinator, will initiate the appropriate procedures provided herein. If the investigation suggests that there has been no violation, a notice of outcome and appeal procedures will be forwarded to both parties. This informal procedure is optional and without prejudice to the complainant’s right to pursue a formal complaint.

Timelines

The HCPSS will comply with law enforcement requests for cooperation and such cooperation may require that the fact-finding aspect of the investigation to be temporarily suspended while the law enforcement agency is in the process of gathering evidence. The HCPSS will promptly resume its evidence gathering process upon notification by the law enforcement agency that it has completed the investigation. Appropriate steps will be taken during the investigation to provide for the safety of the complainant and the school community.

When a student reports sexual misconduct by other students to any staff member, that staff member will report it to a teacher, school counselor, school-based administrator, or the Title IX Coordinator. Such reports may be made orally or in writing. Students are encouraged to use the Bullying, Cyberbullying, Harassment, or Intimidation Reporting Form which can be obtained from the HCPSS website, the school guidance office, or the Title IX Coordinator.

Any staff person who receives a complaint of sexual misconduct from a student or who believes sexual misconduct has occurred will take immediate action to report and/or stop the behavior. The school-based administrator will report the complaint to the Title IX Coordinator immediately.

School-based administrators receiving such complaints, regardless of how it is reported, will ensure that an investigation is conducted with sensitivity to all parties. The administrator will utilize available resources, maintain the applicable timelines, and take appropriate steps, which will include notifying the respondent(s) of the complaint(s), providing due process, implementing interim measures as needed, and contacting parents of all students involved to address any findings.

The Title IX Coordinator will refer complaints received directly from students alleging student to student sexual misconduct to school-based administrators for investigation and appropriate action unless the allegation meets the definition of Title IX Sexual Harassment (Policy 1025 Title IX Sexual Harassment).

When a student reports sexual misconduct by employees or third parties to a staff member, that staff member will promptly report it to a school-based administrator, or the Title IX Coordinator. Any complaint against an administrator will be filed with the Title IX Coordinator or appropriate supervisor. Such reports may be made orally or in writing. Students, families, or other reporters are encouraged to use the Bullying, Cyberbullying, Harassment, or Intimidation Reporting Form which can be obtained from the HCPSS website, the school guidance office or the Title IX Coordinator.

Administrators receiving complaints alleging sexual misconduct against a student by a school system employee or third party must immediately notify the Title IX Coordinator.

School-based administrators receiving such complaints, regardless of how it is reported, will ensure that an investigation is conducted with sensitivity to all parties. The administrator will utilize available resources, maintain the applicable timelines, and take appropriate steps, which will include notifying the respondent(s) of the complaint(s), providing due process, implementing interim measures as needed, and contacting parents of all students involved to address any findings.

When an employee or third party reports sexual misconduct to the Title IX Coordinator or a school-based administrator or supervisor, as appropriate, school-based administrators and supervisors will promptly forward complaints of sexual misconduct from employees or third parties to the Title IX Coordinator.

Employees/ third parties are encouraged to use the Sexual Discrimination, Sexual Harassment, Sexual Misconduct Reporting Form, which can be obtained from the HCPSS website, the school guidance office, or the Title IX Coordinator.

School-based administrators receiving such complaints, regardless of how it is reported, will ensure that an investigation is conducted with sensitivity to all parties. The administrator will utilize available resources, maintain the applicable timelines, and take appropriate steps, which will include notifying the respondent(s) of the complaint(s), providing due process, implementing interim measures as needed, and contacting parents of all students involved to address any findings.