Policy 1025 – Title IX Sexual Harassment

It is a violation of this policy for any student, employee, or volunteer to engage in Title IX Sexual Harassment.

It is a violation of this policy for any student, employee, or volunteer to engage in retaliation with regard to reports or formal complaints of Title IX Sexual Harassment.

All HCPSS employees will receive regular training relative to mandatory reporting obligations, and any other responsibilities they may relate to this policy. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will receive training specific to their responsibilities in addressing Title IX Sexual Harassment.

The HCPSS will respect the confidentiality of the complainant and the respondent as much as possible, however, some information may need to be disclosed to appropriate individuals or authorities. All disclosures will be consistent with the HCPSS’s legal obligations and the necessity to investigate allegations of harassment and take disciplinary action.

Retaliation against any person who makes a report or formal complaint, or against any person who assists, participates, or refuses to participate in any investigation of an act alleged in this policy is prohibited. Actions taken in response to materially false statements made in bad faith, or to submitting materially false information in bad faith, as part of a report or during the Title IX Grievance Process do not constitute retaliation. A finding of responsibility alone is insufficient to conclude that a person made a materially false statement in bad faith. Complaints of retaliation with respect to reports or formal complaints of sexual harassment will be filed in accordance with Policy 1060 Bullying, Cyberbullying, Harassment, or Intimidation or the Formal Concern Process.

No person designated as a Title IX Coordinator, investigator, decision-maker, nor any person designated by the HCPSS to facilitate an informal resolution process, may have a conflict of interest or bias for or against complainants or respondents or an individual complainant or respondent. An investigator, decision maker, or informal process facilitator must report possible conflicts of interest or bias to the Title IX Coordinator so an alternate may be identified, if needed. The Title IX Coordinator must report possible conflicts of interest or bias to the Superintendent/designee so an alternate may be identified, if needed.

A report of Title IX Sexual Harassment may be made at any time, in person, by mail, by telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Additionally, while the HCPSS strongly encourages reports of Title IX Sexual Harassment to be made directly to the Title IX Coordinator, the report may be made to any HCPSS employee, including, for instance, a counselor, teacher, or principal. Any person may report sexual harassment, however, if any HCPSS employee, other than the employee harasser, or the Title IX Coordinator receives information of conduct which may constitute sexual harassment under this policy, they will, without delay, inform the Title IX Coordinator of the alleged Title IX Sexual Harassment. Failure to report will subject the employee to discipline up to and including dismissal.

The Title IX Grievance Process is used only upon the filing of a formal complaint of Title IX Sexual Harassment as described in the implementation procedures. Upon receipt of a formal complaint of Title IX Sexual Harassment, the Title IX Coordinator will coordinate the HCPSS’s efforts to comply with its responsibilities related to the Title IX Grievance Process.

The Title IX Coordinator will coordinate the investigation.

Upon conclusion of the investigation, the investigator will prepare and distribute to each party a written investigative report. Each party will have 10 days from receipt to provide a written response to the report.

The determination of responsibility of the respondent will be made by the initial decision maker.

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 decision maker must issue a written documentation/decision and will provide the initial determination of responsibility to the Title IX Coordinator, the Superintendent and the parties simultaneously.

The HCPSS will 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):

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 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 within 10 days of the initial determination of responsibility or written notice of dismissal being received by the parties.

The determination regarding responsibility becomes final either on the date that the recipient, through the Superintendent, provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal of the initial determination of responsibility would no longer be considered timely. The final determination will be identified as the Title IX Decision. Once the Title IX Decision is final, the district may implement remedies and disciplinary actions.

At any time prior to reaching a determination regarding responsibility (but only after the filing of a formal complaint), the HCPSS may offer an optional informal resolution process (e.g., mediation, arbitration). In no event may the HCPSS offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

The Superintendent will have overall responsibility for implementing this policy. The Superintendent will appoint a Title IX Coordinator. The name and contact information for the Title IX Coordinator will be prominently displayed on the school system website.

The Title IX Coordinator will fulfill any of the job duties and responsibilities of that position stated in the Title IX legislation but not herein specified, including responding in a timely manner to complaints of alleged sexual misconduct.

The Title IX Coordinator will respond promptly to all reports as well as formal complaints of Title IX Sexual Harassment. The Title IX Coordinator will receive general and specific reports of Title IX Sexual Harassment and coordinate the responses to both reports and formal complaints so that the same are prompt and equitable. In addition to any other specific responsibilities assigned under this policy, or as assigned by the Superintendent, the Title IX Coordinator will be responsible for:

In cases where the Title IX Coordinator is unavailable, including unavailability due to a conflict of interest or other disqualifying reason, the Superintendent will ensure that another person with the appropriate training and qualifications is appointed as acting Title IX Coordinator for that case. In such instances “Title IX Coordinator” will include the acting Title IX Coordinators.

Principals will notify students, families, and employees in their schools of the provisions of this policy.

Supervisors will notify those under their supervision of the provisions of this policy.

Any employee who receives a report or has knowledge of an allegation of Title IX Sexual Harassment is required to report the information to a school administrator, appropriate supervisor and/or Title IX Coordinator.

Actual Knowledge – Occurs when the Title IX Coordinator or any HCPSS employee (other than a “respondent” or alleged harasser) receives a notice, report or information or becomes aware of sexual harassment or allegations of sexual harassment.

Allegation – An assertion that someone has engaged in prohibited conduct.

Complainant – An individual who has made a report that could constitute sexual harassment, whether or not that person files a report or formal complaint.

Conditioning – The process of training or accustoming a person to behave in a certain way or to accept certain circumstances.

Days – Calendar days unless specified otherwise.

Decision Maker – Persons tasked with the responsibility of making determinations of responsibility with respect to formal complaints of sexual harassment in accordance with the Title IX Grievance Process.

Determination of Responsibility – Finding by the decision maker on each allegation of Title IX Sexual Harassment contained in a formal complaint that the respondent did or did not engage in conduct constituting sexual harassment under Title IX.

Education Program or Activity in accordance with Code of Federal Regulations (CFR 34) – Locations, events, or circumstances over which the school exercises substantial control over both the complainant and respondent and the context in which the Title IX Sexual Harassment allegedly occurred.

Employee – An individual who is a permanent or temporary employee whose compensation is paid in whole or part by the Board and/or an individual who is a student teacher, an intern, consultant, or an independent contractor for the school system.

Formal Complaint – A document filed by a complainant, the complainant’s parent, or the Title IX Coordinator, alleging Title IX Sexual Harassment against a respondent, and requesting an investigation of the allegation.

Grievance Process – Process for reporting, investigating, and adjudicating formal complaints of Title IX Sexual Harassment.

Informal Resolution Process – Voluntary resolution process that may be utilized as an alternative to the investigation and adjudication of formal complaints of Title IX Sexual Harassment.

Investigator – A school system employee, contracted employee, a member of the school community, or even the Title IX Coordinator tasked to investigate sexual harassment allegations in Title IX cases. The investigator cannot also be the decision-maker.

Non-Disciplinary Remedies – Specific non-punitive measures designed to restore or preserve equal access to HCPSS’s education program following a determination of responsibility. These measures may include, but are not limited to, the following: counseling; course modifications; schedule changes; and increased monitoring or supervision.

Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

Report – Notification or disclosure to any school system employee of an incident or incidents that potentially meets the definition of Title IX Sexual Harassment. A report may be oral or written.

Reporter – The person who reports sexual harassment to the school. This may be the complainant but may also be someone else.

Respondent – An individual who is reported to be the individual accused of conduct that could constitute sexual harassment.

Supportive Measures – Free, non-disciplinary, non-punitive, individualized services offered to the complainant, and may be offered to the respondent, as appropriate. These measures may include, but are not limited to, the following: counseling; mental health services referral, course modifications; schedule changes; and increased monitoring or supervision.

Title IX Coordinator – The employee(s) designated to coordinate efforts to comply with and carry out responsibilities under this policy and the law.

Title IX Sexual Harassment – Conduct on the basis of sex (including, without limitation, gender, sexual orientation, and/or gender identity), occurring in a school system education program or activity that satisfies one or more of the following: