- The Complaint Process is designed to treat Complainants and Respondents equitably.
- The Respondent is presumed not responsible until the Final Determination at the conclusion of the Complaint Process.
- The Complaint Process will be followed before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures against a Respondent.
- The Complaint Process requires an objective evaluation of all relevant evidence - including both inculpatory and exculpatory evidence - and credibility determinations, which may not be based on a person's status as a Complainant, Respondent, or witness.
- The Complaint Process requires that any individual designated as a Title IX Coordinator, Investigator, Decision-maker, Appeal Officer, or Informal Resolution Facilitator not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
- The burden of proof and collecting evidence sufficient to reach a Determination regarding responsibility is on the School/District and not on the Parties provided that the District/School cannot access, consider, disclose, or otherwise use a Party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the District/School obtains that Party's (or the Party’s parent/guardian as appropriate) voluntary, written consent to do so.
- Each Party will be given a fair and equal opportunity to present any evidence or witnesses. Parties will not be unreasonably restricted in discussing the allegations or in gathering and presenting relevant evidence.
- Each Party will have a fair and equal opportunity to inspect the evidence obtained during the Complaint Process, including evidence upon which the District/School does not intend to rely in reaching a Determination.
- The standard of evidence used to make a Determination will be the preponderance of the evidence standard, meaning more likely than not.
- Knowingly providing false statements or false information is prohibited and will be referred to the appropriate administrator for resolution under District/School’s code of conduct.
- Retaliation is prohibited and, if it occurs, it is subject to the Formal Complaint and Complaint Process described in this policy.
- Any notice required by the Complaint Process means a notification of the availability of information required by this policy to be disclosed, provided to an individual on a one-to-one basis through an appropriate mailing or publication, including direct mailing through the U.S. Postal Service, campus mail, or electronic mail. Posting on an Internet website or an Intranet website does not constitute a notice.
B. Filing a Formal Complaint - This may be filed by a Complainant in person, by mail, or by electronic mail to the Title IX Coordinator at the contact information for the Title IX Coordinator listed in this policy, or via the link on the District/School’s website: The following Link will take you back to this page. https://www.district70.org/district-information/titleix
C. Formal Complaint:
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The Formal Complaint must include details regarding the allegations of Sexual Harassment against the Respondent, a request that the District/School investigate the allegation of Sexual Harassment, and the Complainant’s signature (physical or electronic).
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The Title IX Coordinator may sign a Formal Complaint to initiate the Complaint Process, even without the alleged victim’s permission, when not doing so would be unreasonable in light of the known circumstances. A Title IX Coordinator signing a Formal Complaint does not make the Title IX Coordinator the Complainant and does not create a conflict of interest or bias.
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The District/School may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of Sexual Harassment arise out of the same facts or circumstances. When a Complaint Process involves more than one Complainant or more than one Respondent, references in this policy to the singular “party,” “complainant,” or “respondent” include the plural, as applicable.
D. Review the Complaint: Upon the filing of a Formal Complaint the Title IX Coordinator will complete the following:
1. Ensure there is no conflict of interest or bias for the Title IX Coordinator
a. If a conflict of interest or bias exists then an alternate Title IX Coordinator without a conflict of interest or bias will be assigned by the Superintendent to fulfill the obligations of this policy.
b. Evaluate the Report or concern to determine if it meets the definitions to be covered by Title IX.
i. If it is not covered by Title IX, then this process will stop, and the allegations will be referred to the appropriate School/District administrator for resolution under the code of conduct.
ii. If it is covered by Title IX, then this process will continue.
c. The Title IX Coordinator may notify appropriate law enforcement agencies if the allegations could constitute criminal violations.
E. Initial Meeting: At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed.
The Complainant may opt for:
(1) Informal Resolution
(2) Formal Resolution; or
(3) not proceeding. Supportive measures may still be offered whether or not the Complainant chooses any of these options.
F. Formal Resolution - Written Notices
1. Provide the following:
a. Notice of the District/School's Complaint Process as outlined in this document, including any Informal Resolution process.
b. Notice of the allegations potentially constituting Sexual Harassment as defined in this document, including sufficient details known at the time and with sufficient time for a Party to prepare a response before any initial interview.
c. Sufficient details include the identities of the individuals involved in the incident, if known; the conduct allegedly constituting Sexual Harassment; and the date and location of the alleged incident(s), if known.
d. The written notice will include a statement that the Respondent is presumed not responsible for the alleged conduct and that a Determination regarding responsibility is not made until the conclusion of the Complaint Process.
e. The written notice will inform the Parties that they may have an Advisor of their choice, who may be, but is not required to be, an attorney.
f. The written notice will inform the Parties that they have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the District/School does not intend to rely in reaching a Determination regarding responsibility, and including all inculpatory or exculpatory evidence whether obtained from Party or other source, so that each Party can meaningfully respond to the evidence prior to conclusion of the Investigation.
g. The written notice will inform the Parties of any provision in the District/School's code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Complaint Process.
h. If, in the course of an Investigation, the District/School discovers new allegations and plans to investigate the allegations, whether they be against the Complainant or Respondent, which are not included in the original notice, then the District/School will provide notice of the additional allegations to the Parties whose identities are known.
G. Informal Resolution
- If the Complainant wishes to proceed with either informal or formal resolution, a written document must be filed by the Complainant or signed by the Title IX coordinator alleging harassment against a respondent (formal complaint). Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not the Complainant or otherwise a party to a plaint proceeding under this policy.
- Upon filing a formal complaint, a Complainant who does not wish to pursue formal resolution may request a less formal proceeding, known as “Informal Resolution.” Informal Resolution is available to the parties any time prior to a determination of responsibility being issued.
- Informal Resolution is a voluntary process that requires the written consent of the Complainant and Respondent. The district will not require the parties to participate in the Informal Resolution process as a condition of enrollment, employment, or of any other right conferred by the District/School. The Title IX Coordinator will assess the severity of the alleged harassment and the potential risk for others in the district community to determine whether informal resolution may be appropriate. Informal Resolution will never be used to resolve allegations involving an employee sexually harassing a student.
- The Title IX Coordinator will provide the parties with a written notice setting forth the allegations, the requirements of the informal resolution process set forth in this policy, the right of any party to withdraw from the informal process and proceed with the formal complaint process at any time prior to agreeing to a resolution; and any consequences resulting from the participation in the informal process, including the records that will be maintained or could be shared by the district.
- Upon receipt of written consent from the parties to participate in informal resolution, the Title IX Coordinator will consult separately with the Complainant and Respondent and gather additional relevant information as necessary. The Title IX Coordinator may also put in place any appropriate supportive measures to protect the educational and work environment to the parties.
- The Title IX Coordinator will work with parties to determine a mutually acceptable resolution to the complaint. This resolution will be reduced to writing and signed by the Complainant and Respondent. Once Signed, the written resolution becomes final and neither party can initiate the formal complaint process for the allegations in the formal complaint. The written resolution is not subject to appeal.
- Either party may, at any time prior to signing an informal resolution agreement, elect to end the informal resolution process and initiate formal resolution instead.
- In order to promote honest, direct, communication, information disclosed during informal resolution will remain confidential, except where disclosure may be required by law or authorized in connection with duties on behalf of the district.
H. Dismissal – Mandatory Dismissal: The District shall dismiss any formal complaint if the allegations in the formal complaint:
a. Would not constitute sexual harassment as defined in Section II of this manual, even if proved.
b. Did not occur in the district’s education program or activity; or
c. Did not occur against a person in the United States.
- Permissive Dismissal:
a. The Title IX Coordinator may dismiss a Formal Complaint, unless doing so would be unreasonable in light of the known circumstances, if:
• Complainant notifies the Title IX Coordinator in writing of a desire to withdraw the Formal Complaint or any allegation.
• The Respondent is no longer enrolled or employed by the District/School; or
• Certain circumstances prevent the District/School from gathering evidence sufficient to reach a Determination as to the Formal Complaint or allegations.
b. If dismissed, the allegations will be referred to the appropriate District/School administrator for resolution under the District/School’s code of conduct.
c. Upon a dismissal permitted under this section, the District/School must promptly send written notice of the dismissal and reason(s) therefore simultaneously to the Parties. The dismissal is subject to Appeal
I. Supportive Measures – Documentation of District Response
- To the extent not already being offered/provided, but in any case, no later than 3 business days after the filing of Formal Complaint, the Title IX Coordinator will discuss and make available appropriate Supportive Measures to the Parties.
- The need for and types of Supportive Measures may change over time and the Title IX Coordinator will regularly review the plan for Supportive Measures with each Party and make updates as appropriate.
J. Emergency Removal (Student is Respondent)
- Notwithstanding any other requirements of Title IX or this policy, the District/School may remove a Respondent from the School's education program or activity on an emergency basis, provided that the school undertakes an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies said removal.
- If removed, the Respondent will be provided with notice and an opportunity to challenge the decision immediately following the removal by submitting a written rebuttal as to why the removal is not justified to the Director of Student Services or designee. After review and consideration of the written rebuttal, the Director of Student Services or designee will make a final decision regarding the removal and provide a written decision and rationale to the Respondent.
- The District/School must still comply with any other legal requirements, including without limitation conducting a manifestation determination if any removal would constitute a change in placement for students with an IEP or 504 plan.
L. Advisors
- Each Party may have an Advisor of their choice present with them throughout the decision in the Investigative Report.
- Relevance of Evidence
a. Evidence is generally relevant if it tends to make an issue of material fact to the Investigation more or less likely to be true.
b. A Complainants prior sexual history is not relevant and shall not be asked about, included, or relied upon in the Investigation or otherwise used in any manner in any part of the Complaint Process unless:
i. Offered to prove that someone other than the Respondent is responsible for the alleged Sexual Harassment; or
ii. if the questions and evidence concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.
- Privileged Information
a. The Complaint Process will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege in writing.
b. A Party will not be required to provide or disclose any privileged information under a legally recognized privilege, including without limitation attorney-client communications, medical records, or psychological records.
c. A Party may voluntarily provide privileged information with a written and signed consent waiving that privilege. Please note that any information provided, once a privilege is waived, will be shared with the other Party, as required by this policy.
M. Investigation Report
- The Investigator will produce an Investigation Report that:
a. Provides an overview of the Investigation, including:
i. a list of individuals interviewed;
ii. A fair summary of the facts, including undisputed and disputed facts.
iii. A fair summary of all the relevant evidence, including all inculpatory and exculpatory evidence, and evidence that relates to credibility of the Parties or witnesses.
iv. Any other information or evidence collected that is relevant and will enable the Decision-maker to make a fair Determination.
- The Investigation Report must be impartial and present all the relevant evidence in an objective manner.
- The Investigation Report must not include any evidence that is irrelevant or protected by a legally recognized privilege (unless waived)
- At least 10 calendar days prior to finalizing the Investigation Report each Party will be provided with an equal opportunity to inspect and review any evidence obtained as part of the Investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the School does not intend to rely in reaching a Determination regarding responsibility, and including all inculpatory or exculpatory evidence whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to conclusion of the Investigation.
- Prior to completion of the Investigation Report, the Investigator must send to each Party and their advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The Parties will have 10 calendar days to submit a written response. The District/School may require the Parties and their Advisors to sign non-disclosure agreements prior to sharing any evidence or information under this policy.
- The Investigator will consider any written responses submitted by the Parties before the end of that 10-calendar day period and may take additional investigative steps as the Investigator deems appropriate. In the final Investigation Report the Investigator will include a summary of and response to any written responses from the Parties received.
- Once the Investigation Report is finalized it will be simultaneously presented in written form to the Parties and the Decision-maker.
N. Determination – Decision on Formal Complaint
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The Decision-maker will not hold a hearing. However, before making a determination, the Decision-maker must provide each Party the opportunity to submit written, relevant questions that a Party wants asked of any Party or witness who participated in the Investigation, and then provide each Party with the answers. The Decision-maker may then allow for additional, limited (no more than two rounds) of follow-up questions from each Party. Questions that are not relevant, like those relating to a Complainant’s prior sexual history (unless an exception applies) or that are otherwise prohibited from being asked under this policy (i.e., privileged information), will be excluded by the Decision-maker. The Decision-maker must explain in writing to the Party proposing the questions any decision to exclude a question. This questioning process will be concluded within 10 calendar days of the Investigation Report being provided to the Parties and Decision-maker.
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In order to make a Determination as to whether the Respondent is responsible or not responsible for the alleged conduct, the Decision-maker will review the Investigation Report, ask in written format any follow up questions of the Parties or witnesses who participated in the Investigation or of the Investigator, and will provide any questions and responses to both Parties.
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The Decision-maker will apply the preponderance of the evidence standard to the evidence to make a Determination of responsibility.
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The Decision-maker cannot request or rely upon evidence that is irrelevant or protected by a legally recognized privilege (unless waived).
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The written Determination must include:
a. Identification of the allegations potentially constituting Sexual Harassment.
b. A description of the procedural steps taken from the receipt of the Formal Complaint through the Determination, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held.
c. Findings of fact supporting the Determination.
d. Conclusions regarding the application of the school’s code of conduct to the facts.
e. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District/School imposes on the Respondent consistent with District/School policies and state and federal law, and whether Remedies designed to restore or preserve equal access to the District/School's education program or activity will be provided by the District/School to the Complainant; and
f. The District/School's procedures and permissible bases for the Complainant or Respondent to Appeal.
- The District/School must provide the written Determination to the Parties simultaneously.
O. Appeal -
- After receipt of the Determination or a dismissal of a Formal Complaint either Party has 10 calendar days to file an Appeal with the Title IX Coordinator, which must describe the basis and rationale for the Appeal and specific details and any available evidence supporting any allegation made in the Appeal.
- Any Appeal filed can only be on one or more of the following bases:
a. A procedural irregularity that affected the outcome of the matter.
b. New evidence that was not reasonably available at the time the Determination or dismissal occurred regarding the finding of responsibility or dismissal, that could affect the outcome of the matter; or
c. An allegation that the Title IX Coordinator, Investigator, or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
- Once an Appeal is filed the Title IX Coordinator will:
a. Notify the other Party in writing, provide a copy of the Appeal, and provide a timeline for the other Party to respond, which will be 10 calendar days from the time of the notice.
b. The Title IX Coordinator will provide the Appeal to the Appeals Officer, who will then conduct the remainder of the Appeal.
- The Appeals Officer will:
a. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome, and will provide a reasonably prompt timeline with deadlines for accomplishing the Appeal.
i. The Appeals Officer may ask questions of the Parties, Investigator, Decision-maker, or other witnesses who participated in the Investigation, in written form and will provide the responses to all Parties.
ii. The Appeals Officer may allow the Parties to ask additional questions of the Parties, Investigator, Decisionmaker, or other witnesses in written form and will provide the responses to all Parties.
iii. All aspects of the Appeals process must be consistent with and in compliance with all the same rules with which other aspects of the Complaint Process must comply.
b. Issue a written decision describing the result of the Appeal, including without limitation whether or not the Appeal is dismissed for not having an allowable bases, and the rationale for the result; and
c. Provide the written decision simultaneously to both Parties.
P. Determination is Final
- The Determination regarding responsibility becomes a Final Determination either on the date that the District/School provides the Parties with the written decision of the result of the Appeal, if an Appeal is filed, or if an Appeal is not filed, the date on which an Appeal would no longer be considered timely.
Q. Remedies
- If it is determined that Sexual Harassment did occur, then Remedies designed to restore or preserve access to the District/School’s education program will be implemented. Remedies may include the same individualized services as Supportive Measures. However, Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
- The Title IX Coordinator is responsible for effective implementation of any Remedies.
- Remedies may include, but are not limited to:
a. Taking steps to ensure separation of the Parties.
b. Providing counseling to either or both Parties Additional training for District/School staff.
d. Modifying District/School policies and procedures.
e. Discipline against the Respondent, if the Respondent is determined to be responsible in the Determination. The range of possible disciplinary sanctions shall be as defined in the District/School’s Student and/or Employee discipline policies, up to and including a recommendation for expulsion for Students and employment termination for Employees, consistent with District policies and state and federal law.
R. Timelines
- Complaint Process Timeline
a. Within 3 business days of the filing of the Formal Complaint the Title IX Coordinator will develop and provide to the Parties a timeline for completion of the complaint process, including dates by which it is reasonably anticipated that the investigation report will be completed, and the Determination will be issued. To the extent feasible, the Title IX Coordinator will attempt to develop a timeline that completes the Complaint Process within 60 calendar days.
b. A person whose participation is invited or expected, must be provided written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the person to prepare to participate.
- Informal Resolution Timeline
a. Within 3 business days of the Parties’ consent to enter into an Informal Resolution process the Title IX Coordinator will develop and provide to the Parties a timeline for completion of the Informal Resolution process. To the extent feasible, the Title IX Coordinator will attempt to develop a timeline that completes the Informal Resolution process within 20 calendar days.
- Delays for Good Cause
a. Temporary delay of the Complaint Process or the limited extension of time frames may occur for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include without limitation considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. These delays and/or extensions may apply to any deadline described in this policy.
b. The District/School may unilaterally extend timelines for good cause, or the Parties and the District/School may mutually agree to extend timelines for good cause.
- Investigation by Law Enforcement or Outside Agency
a. In most instances an Investigation will not commence, or will be paused, if law enforcement is investigating the matter in connection with any potential criminal proceedings or another outside agency is investigating the matter in connection with any abuse/dependency/neglect proceedings. Once law enforcement or the outside agency has completed its investigation or otherwise notifies the District/School that it may proceed with its processing of the Formal Complaint without concern for interfering with their investigation then the school will proceed with its processing of the Formal Complaint.
- Supportive Measures
a. Any processing delays notwithstanding, the District/School will continue to offer and/or implement any Supportive Measures, consistent with this policy, without delay.
