Title IX
The North Carolina Leadership Academy acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The Board will not tolerate sexual harassment in the education program and activities of the school. The Board takes seriously all reports and formal complaints of sexual harassment.
This Title IX sexual harassment policy specifically prohibits sexual harassment as that term is defined under Title IX and directs the Superintendent to establish a formal complaint grievance process that is designed to achieve prompt and equitable resolution of complaints of sexual harassment in accordance with the requirements of Title IX.
Title IX Definitions:
Hostile Environment- Conduct that meets ALL the following: unwelcome, severe, pervasive, objectively offensive, effectively deprives person of access to an educational or employment benefit.
Sexual Assault- Any act of vaginal or anal penetration, with any body part or object, OR oral genital contact of another person, OR touching of the private body parts of another person for the purpose of sexual gratification, without consent.
Dating Violence- Violence committed by a person who was/is involved in a sexual, dating, spousal, domestic or other intimate relationship with the Complainant.
Domestic Violence-Crime of violence committed by a current or former spouse, by a person with whom the complainant shares a child in common; or by a person who is/was cohabitating with the complainant.
Stalking-Directed at a specific person, based on sex, that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
For allegations or reports that a student or staff has engaged in sexual harassment:
Title IX Coordinator for Students and Employees
Amal Wood, MS
High School AP
336-992-2710
Email: awood@thencla.org
Policy Code: 1725/4035/7236 Title IX Sexual Harassment –
The Board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The Board will not tolerate sexual harassment in the education program and activities of the school. The Board takes seriously all reports and formal complaints of sexual harassment. This Title IX sexual harassment policy specifically prohibits sexual harassment as that term is defined under Title IX and directs the Principal to establish a formal complaint grievance process that is designed to achieve prompt and equitable resolution of complaints of sexual harassment in accordance with the requirements of Title IX.
A. Prohibited Behavior
Students, employees, volunteers, and visitors are expected to behave in a civil and respectful manner. The Board expressly prohibits sexual harassment by students, employees, board members, volunteers, or visitors. “Visitors” includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school.
Sexual harassment prohibited under Title IX and by this policy is conduct on the basis of sex occurring in an education program or activity that satisfies one or more of the following:
1. an employee of the school conditioning the provision of an aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct;
2. unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activities. This determination requires consideration of all the facts and circumstances, including, but not limited to, the ages and disability statuses of the harasser and the victim and the number of individuals involved and their authority;
3. sexual assault including rape, statutory rape, fondling, and incest;
4. dating violence;
5. domestic violence; or
6. stalking.
Conduct that satisfies this standard is not sexual harassment for purposes of this policy if the conduct occurred (1) outside the United States or (2) under circumstances in which the school did not have substantial control over both the harasser and the context in which the harassment occurred.
All references to “sexual harassment” in this policy mean sexual harassment that meets this definition. Conduct that is determined not to meet the definition above may violate other board policies or established standards of conduct and will be treated accordingly. Nothing in this policy is intended to limit discipline for violation of other board policies when appropriate and consistent with law.
B. Reporting Sexual Harassment
1. Mandatory Reporting by School Employees and Board Members
Any employee or member of the Board of Education who has actual knowledge of sexual harassment or allegations of sexual harassment occurring in the education program or any activity of the school must report that information immediately to the Title IX coordinator.
Any of the following confers “actual knowledge” and must be reported immediately:
a. a report of sexual harassment from a student or other person;
b. the employee or board member witnesses conduct that is or reasonably could be sexual harassment; or
c. the employee or board member discovers evidence of sexual harassment, such as sexualized graffiti on school property, or otherwise has reliable information or reason to believe that a student, employee, or other individual may have been sexually harassed in violation of this policy, even if no one has reported the sexual harassment.
Employees who observe an incident of sexual harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator, and it is safe to do so. An employee with actual knowledge of possible sexual harassment in violation of this policy who does not promptly report the conduct and/or take proper action as required by this subsection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal.
Any doubt about whether particular conduct is possible sexual harassment must be resolved in favor of reporting the conduct.
The mandatory reporting required by this section is in addition to and does not replace other required reporting by school employees.
2. All Other Reports
Any students who believes they are a victim of sexual harassment occurring in the school’s education programs or activities are encouraged to report the matter to the student’s principal or to the Title IX coordinator. Reports may also be made to a teacher, counselor, assistant principal, teacher assistant, or any other school employee. Middle and high school students may also report sexual harassment through the anonymous tip line, but school officials may be limited in their ability to respond if the report does not identify the alleged victim.
All other members of the school community are strongly encouraged to report any act that may constitute an incident of sexual harassment in violation of this policy to the school principal, the Title IX coordinator, or the principal.
3. Content of the Report
To the extent possible, reports should be sufficient to put school officials on notice of conduct that could constitute sexual harassment. Employees making mandatory reports should provide as much detail about the alleged sexual harassment as is known, unless such disclosure would violate law or standards of professional ethics. Reports, other than mandatory reports by employees, may be made anonymously, but anonymous reports may limit the District’s ability to respond fully if the alleged victim is not identified.
4. Time Period for Making a Report
School employees and board members with actual knowledge of sexual harassment must report that information immediately. Reports by any other person can be made at any time. During non-business hours, reports can be made by using the contact information for the Title IX coordinator provided on the school’s website. A report should be made as soon as possible after disclosure or discovery of the facts giving rise to the report. Delays in reporting may impair the ability of school officials to investigate and respond to any subsequent formal complaint.
C. District Response to Reports
School officials shall respond promptly and impartially to actual knowledge of alleged sexual harassment in a manner that is not deliberately indifferent. A report alleging conduct that is not sexual harassment as defined in this policy may be referred to appropriate school officials as a possible violation of other board policies. For purposes of this policy, the term “report” is not a formal complaint of sexual harassment; a formal complaint begins the formal complaint grievance process described in Section D.
D. Requirements of Sexual Harassment Formal Complaint Grievance Process
The Principal will develop a formal complaint grievance process that complies with the requirements and definitions of Title IX, including but not limited designation of an unbiased Title IX investigator to investigate any formal complaint of sexual harassment. The formal complaint grievance process must contain the following elements:
1. Presumption of Non-responsibility of Respondent and Bar on Disciplinary Sanctions without Due Process.
The respondent (the individual alleged to have engaged in sexual harassment) identified in any report alleging sexual harassment under this policy will be presumed not responsible for the alleged conduct until the respondent’s responsibility is conclusively established through the formal complaint grievance process. No disciplinary sanction may be imposed for a violation of this policy unless the respondent agrees to a specific disciplinary sanction or action in an informal resolution or has been determined to be responsible for the sexual harassment at the conclusion of a formal complaint grievance process. Notwithstanding the limitation just described, respondents are subject to emergency removal as described in Section E of this policy.
2. Equitable Treatment
Complainants (the individual who allegedly experienced the sexual harassment) and respondents must be treated equitably throughout the formal complaint grievance process. They will both be provided information regarding the range of supportive measures available to them. Relevant evidence collected in the investigation of a formal complaint must be evaluated objectively. No individual designated as a Title IX coordinator, investigator, decision-maker, or appeal decision-maker will have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The complainant and respondent shall be provided an equal opportunity to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney. If a party elects to be represented by an attorney, the party should notify school officials in advance so that an attorney for the school may also be present. Any restrictions on advisor participation in any proceeding must be applied equally to both parties.
3. Adequate Training
The Title IX coordinator, and all persons serving as Title IX investigators, decision-makers, or appeal decision-makers shall receive training on what constitutes sexual harassment, the scope of the school’s education program and activities, how to conduct an investigation and grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Decision-makers will be trained on any technology to be used at a live hearing and on issues of relevance of questions and evidence. Materials used to train coordinators, investigators, decision-makers, and appeal decision-makers will not rely on sex stereotypes and shall promote impartial investigations and adjudications of sexual harassment.
4. Burden of Proof and Production of Evidence
The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility will at all times rest on the school and not on the complainant or respondent. Formal rules of evidence shall not apply in the formal complaint grievance process. The burden of proof will be a preponderance of the evidence standard.
5. Written Notice of Meetings and Other Proceedings
Parties whose participation is invited or expected at any hearing, investigative interview, or other meeting will be provided written notice of the event’s date, time, location, participants, and purpose with sufficient time for the party to prepare to participate.
6. Confidentiality and Privacy
The school will keep confidential the identity of any individual who has made a report or formal complaint of sexual harassment, any complainant, any respondent, and any witness, except as may be permitted by FERPA, as required by law, or as necessary to carry out a Title IX proceeding. A violation of this provision may constitute retaliation.
All meetings, hearings, or other proceeding conducted pursuant to this policy will be private except to the extent that the parties are permitted to be accompanied by a personal advisor.
7. No Disclosure of Privileged Information
No person acting on behalf of the school shall 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.
School officials shall not access, consider, disclose, or otherwise use a party’s medical, mental health, or other records that are made or maintained by a professional or paraprofessional in connection with the provision of treatment to the party without the party’s voluntary written consent.
8. Timeliness of Process
School officials shall make a good faith effort to conduct a fair, impartial grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. Delays for good cause will be permitted with written notice to the parties of the delay and the reason for the delay. Good cause may include but is not limited to the absence of the parties or witnesses, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities. The Title IX coordinator or other responsible school official shall make reasonable efforts to keep the complainant and respondent apprised of progress being made during any period of delay.
E. Emergency Removal of Respondent from School or Employment
Any respondent is subject to removal from the school’s education program and activities, or any part of the program or activities, on an emergency basis if a school-level team conducts an individualized safety and risk analysis and determines that removal is justified because the person poses an immediate health or safety threat to any person arising from the allegations of sexual harassment. A removal under this subsection may include a transfer of a student to an alternative school. A schedule change, and/or removing a student from an extracurricular activity where such action would not otherwise constitute a supportive measure.
The emergency removal may take place regardless of whether a formal complaint has been filed. The respondent shall receive notice of the removal and an opportunity to challenge the decision in an informal hearing with the Superintendent or designee immediately following the removal.
An employee may be placed on administrative leave with or without pay during the pendency of the grievance process if consistent with state law.
The principal or designee shall document all emergency removal decisions under this subsection, including the immediate threat to health or safety that justified the removal.
F. Disciplinary Consequences, Remedies, and Other Responses for Substantiated Sexual Harassment
1. Disciplinary Consequences for Students
Disciplinary consequences for substantiated sexual harassment will be assigned in accordance with the Code of Student Conduct. Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion. In addition, the conduct also may be reported to law enforcement, as appropriate.
False or malicious complaints of sexual harassment and false statements made in bad faith in the course of any grievance proceeding conducted pursuant to this policy are subject to disciplinary action.
Nothing in this policy will preclude the school from taking disciplinary action against a student when the evidence does not establish sexual harassment as defined in this policy but the conduct violates other board policy and/or the Code of Student Conduct.
2. Disciplinary Consequences for Employees
Substantiated sexual harassment by employees is subject to discipline up to and including dismissal. In addition, the conduct may also be reported to law enforcement, as appropriate.
Nothing in this policy will preclude the school from taking disciplinary action against an employee when the evidence does not establish sexual harassment as defined in this policy, but the conduct violates other board policy or expected standards of employee behavior.
3. Consequences for Other Perpetrators
Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement, as appropriate, in accordance with policy 5020, Visitors to the Schools. A third party under the supervision and control of the school will be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate. Board members are specifically prohibited from violating this policy and the Board may take appropriate action to address violations. Nothing in this policy will be construed to confer on any third party a right to due process or other proceedings to which student and employee respondents are entitled under this policy unless such right exists under law.
4. Remedies
At the conclusion of the grievance process, the principal or other decision-maker shall confer with the Title IX coordinator to determine the remedies to be provided to the complainant when the respondent is found responsible for sexual harassment. The Title IX coordinator shall consult with the complainant in determining appropriate remedies. The Title IX coordinator shall be responsible for the effective implementation of the remedies to be provided to the complainant.
If the principal determines that a school-wide response is needed in order to respond to the sexual harassment in a way that is not clearly unreasonable under the circumstances, the principal shall provide additional staff training, harassment prevention programs, or such other measures as determined appropriate to protect the safety of the educational environment and/or to deter sexual harassment.
G. Retaliation Prohibited
Any act of retaliation or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or filed a formal complaint or testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing involving sexual harassment is prohibited. Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal.
Complaints alleging retaliation are to be treated as claims of sex discrimination and may be filed in accordance with the Bullying, Harassment, and Discrimination policies and procedures.
H. Records
The Title IX Coordinator will document reports and formal complaints of sexual harassment as required by Title IX. The Title IX coordinator shall create and maintain for a period of seven years records of all reports and formal complaints of sexual harassment as well as all Title IX training materials.
Legal References: Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106; Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998); Davis v. Monroe County Board of Education, 526 U.S. 629 (1999); G.S. 115C-335.5
Title IX Sexual Harassment Formal Complaint Grievance Process
The process provided in this administrative regulation is designed for those who believe that they have been sexually harassed in violation of Title IX Sexual Harassment – Prohibited Conduct and School Response, and wish to file a formal complaint. School officials shall follow the grievance process established in this administrative regulation when responding to all formal complaints of sexual harassment as that term is defined by Title IX.
A. Definitions.
The following definitions apply in this administrative regulation.
1. Report
A report is an oral or written notification that an individual is an alleged or suspected perpetrator or victim of sexual harassment. No disciplinary action will be taken against a respondent for sexual harassment based on a report alone.
2. Formal Complaint
A formal complaint is a document signed and filed with the Title IX coordinator by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that school officials investigate the allegation(s). Filing a formal complaint initiates the grievance process set forth in the Title IX Sexual Harassment Grievance Process.
At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activities of the School.
3. Complainant
The complainant is the individual(s) who is alleged to be the victim of conduct that could constitute sexual harassment.
4. Respondent
The respondent is the individual(s) who has/have been reported to be the perpetrator of conduct that could constitute sexual harassment.
5. Grievance Process
Grievance process means the process for investigating and reaching a final determination of responsibility for a formal complaint of sexual harassment. The sexual harassment grievance process is set out by the school.
6. Title IX Coordinator
The Title IX coordinator is a school official who is designated to coordinate the school's response to sexual harassment and allegations of sexual harassment. Contact information for the Title IX coordinator is posted on the District’s website.
7. Supportive Measures
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the school's education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school’s educational environment, or deter sexual harassment. The Principal is directed to develop a list of supportive measures available to the parties.
8. Days
Days are calendar days unless specified otherwise.
9. Student(s)
“Student(s)” means the student and/or the student’s parent or legal guardian unless the context clearly indicates otherwise. When the complainant or respondent is a student, references to those terms also include the student’s parent or legal guardian unless the context clearly indicates otherwise.
B. Filing a Formal Complaint to Initiate the Grievance Process
A formal complaint initiates the grievance process. To be eligible to file a formal written complaint, the complainant must be participating in or attempting to participate in the education program or activities of the school at the time of filing. If the complainant does not wish to file a formal complaint and the matter has not been adequately resolved through the provision of supportive measures, the Title IX coordinator may initiate the grievance process by signing a formal complaint. In accordance with law, only the complainant and the Title IX coordinator may initiate the formal complaint grievance process; no other individuals or school officials shall have authority to do so.
School officials will initiate the grievance process regardless of when the formal complaint is submitted, but delays in reporting may significantly impair the ability of school officials to investigate and respond to the allegations.
The formal complaint may be filed with the Title IX coordinator in person, by mail, or by email, and should be submitted on forms provided for that purpose. Complaint forms may be obtained from the Title IX coordinator or on the District website.
The Title IX Coordinator is responsible for notifying students and their parents or legal guardians, employees, and applicants for employment of this policy and ensuring that each principal or site supervisor provides a copy of this policy to these persons.
The Title IX Coordinator will document reports and formal complaints of sexual harassment as required by Title IX.
The Title IX Coordinator may consolidate formal complaints where the allegations of sexual harassment arise out of the same facts or circumstances. The Title IX coordinator shall advise the complainant if the formal complaint will be consolidated with others.
C. Dismissal of Formal Complaint
The Title IX coordinator shall review the allegations and determine whether the formal complaint must be dismissed without further investigation because the conduct alleged in the formal complaint, even if assumed true, would not constitute sexual harassment under Title IX, did not occur in the school's education program or activities, or did not occur against a person in the United States. Such a dismissal does not preclude action under another provision of the Code of Student Conduct, board policy, or expected standards of employee behavior.
The Title IX coordinator may also dismiss the formal complaint or any allegations therein if at any time during the investigation or decision-making process: (1) the complainant notifies the Title IX coordinator in writing that he or she would like to withdraw the formal complaint or any allegations therein; (2) the respondent is no longer enrolled or employed by the School; or (3) specific circumstances prevent school officials from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon dismissal for any reason, the Title IX coordinator shall promptly send written notice of the dismissal and reason(s) for such dismissal. The parties have the right to appeal the decision as provided in Section I.
The Title IX coordinator shall refer the matter that was the subject of the dismissed complaint to the principal or the HR Department for further action as warranted.
D. Informal Resolution
Informal resolution processes are available to resolve some formal complaints of sexual harassment without a full investigation and adjudication. Informal resolution is not available unless a formal complaint is filed and will not be used to resolve formal complaints alleging that an employee sexually harassed a student. Further, school officials shall never condition an individual’s enrollment, employment, or other rights on an agreement to waive the individual’s right to a formal investigation and adjudication of a formal complaint.
The Title IX coordinator may offer the parties an informal process to resolve a formal complaint at any time prior to reaching a final determination regarding responsibility. Before using an informal resolution process, school officials must ensure that both parties have given voluntary, informed, written consent to attempt informal resolution.
Any agreement reached by the parties through informal resolution may include measures that are designed to restore or preserve the parties’ equal access to the education program and activities, including measures that may be punitive or disciplinary in nature.
Any informal process should be completed within a reasonable period of time, not to exceed 60 days from filing the complaint unless special circumstances necessitate more time. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process.
E. Designation of Title IX Investigator
If the complaint may proceed, the Title IX coordinator shall notify the appropriate investigator, who shall investigate the formal complaint.
In order to provide a neutral and objective investigation, the investigator shall not be a party to the complaint under investigation. The investigator of a formal complaint is ordinarily determined as described below; however, the Title IX coordinator, in consultation with the Principal or designee, may determine that conflict of interest, bias, or other individual circumstances warrant the assignment of a different investigator.
1. If the respondent is a student, the investigator is the principal or designee of the school with jurisdiction over the incident.
2. If the respondent is an employee or applicant for employment, the investigator is the senior human resources official or designee.
3. If the respondent is neither a student nor an employee/applicant for employment, the principal of the school/site supervisor at which the complainant is enrolled or employed shall be the investigator.
4. Notwithstanding the above designations, (1) if the respondent is the senior human resources official, the Principal shall investigate the complaint; (2) if the respondent is the Principal or a member of the Board, the Title IX coordinator shall immediately notify the Board Chair who shall direct the Board attorney to investigate, unless the Board Chair determines that outside counsel should be engaged to investigate.
F. Investigation
The investigator is responsible for gathering evidence sufficient to reach a determination of whether the allegations in the formal complaint are true and whether the facts as determined by the investigator establish that sexual harassment as defined in this policy occurred. In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint.
1. The investigator shall explain the process of the investigation to the complainant and respondent.
2. The investigator shall interview all individuals who may have relevant information, including (1) the complainant; (2) the respondent; (3) individuals identified as witnesses by the complainant or respondent; and (4) any other individuals who are thought possibly to have relevant information. Prior written notice shall be provided to a party whose participation is invited or expected for any investigative interview or meeting. The investigator shall provide the complainant and respondent an equal opportunity to present fact and expert witnesses and other evidence tending to prove or disprove the allegations.
3. At any meeting or interview with the Investigator, a complainant or respondent may bring a personal adviser. The personal adviser may not speak on behalf of the complainant or respondent during any meeting with the Investigator. The adviser may be asked to leave if he or she does not comply with the directives of the Investigator. If the complainant or respondent plans to bring an attorney as his or her personal advisor, notification to the Investigator must be provided so that an attorney for the District may attend the meeting, and the meeting may be rescheduled if necessary.
4. The investigator shall ensure that the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the complainant or respondent.
5. The investigator shall not restrict the ability of either party to gather and present relevant evidence or to discuss the allegations under investigation.
6. The formal complaint and the investigation will be kept confidential to the extent possible and as required by law. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. Any requests by the complainant or respondent for further confidentiality will be evaluated within the context of the legal responsibilities of the School.
G. Investigative Report and Opportunity to Review Evidence
1. The investigator shall prepare an investigative report that fairly summarizes the relevant evidence.
2. Before completing the final report, the investigator shall provide to each party and the party’s advisor, if any, all the evidence collected which is directly related to the allegations raised in the formal complaint. The parties shall have 10 days to submit a written response for the investigator’s consideration before the investigator finalizes the investigative report.
3. Following the parties’ opportunity to respond to the written evidence, the investigator shall finalize the written investigative report, including a recommendation on the question of responsibility and any recommended discipline sanction.
4. The investigator shall provide a copy of the report to each party and the party’s advisor, if any, for their review and written response. The investigator shall also notify the parties of the opportunity to submit written questions to the other party and witnesses as provided in subsection H.2 below. The parties shall have 10 days to provide a written response to the investigative report, along with the party’s initial set of written questions.
5. The investigator shall provide to the decision-maker a copy of the investigative report, the relevant evidence, and the parties’ written responses to the report and initial sets of written questions.
The investigator shall also provide a description of the procedural steps taken, starting with the receipt of the formal complaint and continuing through the preparation of the investigative report, and including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence.
H. Adjudication of Formal Complaints
The Principal or designee shall serve as the decision-maker. In his or her role as decision-maker, the Principal or designee shall provide for the exchange of questions between the parties and a decision on responsibility in a manner consistent with law and as provided below.
1. Step 1 – Student’s Opportunity to Request a Hearing
In cases where the respondent is a student, after the investigative report has been sent to the parties, both parties shall have five calendar days to request a hearing. Requests for a hearing must be sent via e-mail to the Title IX Coordinator. If either party requests a hearing, the long-term suspension hearing procedures shall be followed, except that (1) both parties shall have the right to participate in the hearing to the extent required by Title IX; (2) the evidence will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing; and (3) prior to the hearing, both parties shall have a limited opportunity to submit and respond to written questions and follow-up questions as provided below.
2. Step 2: Questions and Answers
After the parties are sent the investigative report, the parties shall have an opportunity to submit written, relevant questions that the party wants asked of any other party or witness. This opportunity will be provided regardless of whether a hearing is requested, and should be undertaken before a hearing if one is requested.
Initial questions must be submitted along with any response to the investigative report within ten (10) calendar days of receiving the investigative report via e-mail to the Title IX Coordinator. The Principal or designee will evaluate the questions for relevance and submit questions that are relevant to each party. Responses must be provided within three calendar days from receipt of the questions. Upon receipt of the answers to relevant questions, each party will have three calendar days to submit follow-up questions via e-mail to the Title IX Coordinator. The Superintendent or designee will evaluate the follow-up questions for relevance and submit the relevant questions. Each party will have three calendar days to respond to the follow-up questions via e-mail to the Title IX Coordinator.
Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior will be considered irrelevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s sexual behavior with respect to the respondent and is offered to prove consent. The Superintendent or designee must explain to the party proposing the questions any decision to exclude questions as irrelevant.
3. Step 3 – Decision on the Question Regarding Responsibility
Following the exchange of questions and/or hearing as described above, the Principal or designee shall decide the question regarding responsibility, any disciplinary action, and any other measures the Principal or designee deems appropriate. The Principal or designee shall consider all the relevant evidence objectively, including evidence in the investigative report, any testimony of witnesses at the hearing, if one was held, and any additional information provided by the parties through the exchange of questions and responses as provided above.
Based on an objective evaluation of the evidence, the Principal or designee shall determine whether the preponderance of the evidence supports a finding that the respondent is responsible for sexual harassment in violation of board policy, and if so, what disciplinary sanction will be imposed.
4. Step 4 – Written Determination Regarding Responsibility
The Superintendent or designee shall issue a written determination regarding responsibility simultaneously to both parties.
I. Appeal of Formal Complaints
The parties shall have the right to appeal to the School Board the determination regarding responsibility, the outcome of any disciplinary proceeding, and any dismissal of a formal complaint or any allegations therein. If both parties appeal, the appeals will be heard at the same time.
Either party may appeal by submitting a request in writing via e-mail to the Title IX Coordinator within five calendar days of receiving the determination regarding responsibility or dismissal, unless the party is entitled to a longer appeal period under state law or board policy. Any longer appeal period applicable to one party shall apply equally to the other party.
In all appeals, the other party will be notified in writing when an appeal is filed and be provided a copy of the appeal.
1. Appeal Procedures
a. The Board will hear the appeal. Unless otherwise required by law, the Board may designate a panel of two or more Board members to hear and act on behalf of the Board.
b. Appeal procedures will be implemented equally for both parties. In cases of a student-respondent, the appeal will follow the procedures for student discipline matters. In cases of an employee-respondent, the appeal will follow the procedures for employee hearings, as applicable.
2. Decision on Appeal
a. The Board will provide a written decision describing the results of the appeal and rationale for the result within thirty days after receiving the appeal unless the decision is delayed for good cause. The written decision will be provided simultaneously to both parties. The Board may make any appropriate determination and take any action it deems appropriate based on the evidence before it.
3. When the Decision Becomes Final
If an appeal is timely filed, the determination regarding responsibility becomes final at the conclusion of the appeal process. However, if the decision on appeal is to remand the matter back to the Superintendent or designee, the determination regarding responsibility does not become final until that process, including any appeal of the proceedings on remand, is concluded. If an appeal is not filed, the determination regarding responsibility becomes final after the three-day appeal period.
The Superintendent or designee shall ensure that a copy of the final decision is provided to the Title IX coordinator and shall confer with the Title IX coordinator regarding any remedies to be provided to either party.
To Report: