0111 R Sex Discrimination and Sex-Based Harassment Under Title IX

Mar 7, 2025 | Uncategorized

ICHABOD CRANE 0111-R

SEX DISCRIMINATION AND SEX-BASED HARASSMENT UNDER TITLE IX REGULATION

The Ichabod Crane School District (“District”) has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

The District has designated and authorized the following District employee to serve as its Title IX Coordinator and Civil Rights Compliance Officer: Lucas Christensen. The contact information for the Title IX Coordinator is LChristensen@IchabodCrane.org : 518-758-7575, extension 3009.

Complaints

 The following people may make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

  • A “complainant,” which includes:
    • a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or 
    • a person other than a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the District’s education program or activity; 
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or 
  • The District’s Title IX Coordinator.

A person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 CFR §106.44(f)(1)(v). 

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

  • Any student or employee of the District; or 
  • Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination. 

The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

Basic Requirements of Title IX Grievance Procedures:

The District will treat complainants and respondents equitably.

The District requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures. 

 The District has established the following approximate timeframes for the major stages of the grievance procedures, unless extended as described below: 

  • Evaluations (whether to dismiss or investigate a complaint) will conclude approximately three (3) school days following receipt of complaint.
  • Investigations of complaints that have not been dismissed will begin approximately three (3) school days following receipt of complaint.
  • Determinations will be made approximately thirty (30) school days following commencement of the investigation.
  • Appeals of dismissals must be submitted within thirty (30) calendar days following receipt of the dismissal. Appeals will be decided approximately thirty (30) school days following receipt of appeal.
  • Appeals of determinations must be submitted within thirty (30) calendar days following receipt of the decision. Appeals will be decided approximately thirty (30) school days following receipt of appeal.

A. Initial Procedure

  • The Title IX Coordinator (or their designee) shall conduct a preliminary review when they receive a verbal or written complaint of discrimination, or if they observe discrimination or harassment covered by this regulation.  Except in the case of severe or criminal conduct, the principal or the Title IX Coordinator (or their designee) should make all reasonable efforts to resolve complaints informally at the school level.  The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint.
  • As soon as possible, but no later than three (3) school days following receipt of a complaint, the Title IX Coordinator (or their designee) shall investigate all allegations of discrimination or harassment covered by this regulation in as confidential and sensitive a manner as possible.  However, because an individual’s need for confidentiality must be balanced with the District’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know.  The Title IX Coordinator or their designee will discuss confidentiality standards and concerns with all complainants. The Title IX Coordinator, or their designee, will conduct an investigation into any complaint brought forward pursuant to this Regulation that will include the following steps:
    • Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the accused. Ask the complainant specifically what action they want taken in order to resolve the complaint. Interim measures shall be made available to the complainant during the District’s investigation, as necessary. In the case of students, such measures may include, but are not limited to, referring the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.  Additional interim measures may include the adjustment of schedules, “stay-away” agreements between the complainant and the accused, and the establishment of “safe spaces” within the building to which the complainant can avail themselves.  Such interim measures shall be designed to address concerns raised by the complainant during the pendency of the District’s investigation and shall not disproportionately impact the complainant.
    • Review any written documentation of the harassment or discrimination prepared by the complainant. If the complainant has not prepared written documentation, assist the complainant with doing so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.
    • Interview the accused regarding the complaint and inform them that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the accused an opportunity to respond to the allegations in writing.
    • Instruct the accused to have no contact or communication regarding the complaint with the complainant and to not retaliate against the complainant. Warn the accused that if they make contact with or retaliate against the complainant, they will be subject to immediate disciplinary action.
    • Inform the parties of their right to present any witnesses or other evidence and interview any witnesses to the complaint, including witnesses identified by the complainant and/or the accused. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and their statement confidential.
    • Review all documentation and information relevant to the complaint, including any evidence submitted by the parties.
  • Within thirty (30) school days from the commencement of the investigation, or as soon as practicable thereafter based on the nature and status of the investigation, the complainant and the accused shall be notified in writing, and also in person as appropriate, regarding the results of the investigation and the action taken to resolve the complaint, subject to all applicable confidentiality concerns and obligations.  If the investigation was conducted by someone other than the Title IX Coordinator, the investigator will inform the Title IX Coordinator of their findings and provide the Title IX Coordinator with all documentation relating to the investigation.  
  • The investigator shall instruct the complainant to report immediately if the objectionable behavior occurs again or if the accused retaliates against them.  The investigator shall instruct the accused to refrain from engaging in any retaliatory behavior directed at the complainant or cause others to take such action and shall further inform the accused of the consequences.   
  • If the initial investigation results in a finding that discrimination or harassment did occur, the investigator will promptly notify the Superintendent, who shall then take appropriate action in accordance with District policy, applicable collective bargaining agreement, and/or state law.  The District will also take all appropriate steps to prevent the recurrence of discrimination and/or harassment, and correct any discriminatory effects, if appropriate.    
  • Any party who is not satisfied with the outcome of the initial investigation by the Title IX Coordinator (or their designee) may request a review of the investigation by submitting a written request for a review to the Superintendent (or Board of Education President, where the Superintendent served as the investigator) within thirty (30) calendar days from the date of the written determination issued in the initial investigation.  

B. District Level Appeal Procedure

  1. The Superintendent shall promptly review and resolve all complaints of discrimination that are appealed to them following an investigation by the Title IX Coordinator (or their designee, if other than the Superintendent). In the event the complaint of discrimination or harassment involves the Superintendent, or where the Superintendent served as the initial investigator and it is their determination that is being appealed from, the complaint shall be filed with or referred to the Board of Education President.
  2. The district level appeal procedure should begin as soon as possible but not later than three (3) working days following receipt of the complaint by the Superintendent or Board of Education President.
  3. If a District review results in a determination that discrimination or harassment did occur, prompt corrective action will be taken to end the discrimination or harassment. Where appropriate, the District may suggest mediation as a means of exploring options of corrective action.
  4. No later than thirty (30) school days following receipt of the appeal, the Superintendent (or, as the case may be, the Board of Education) will notify the complainant and alleged discriminator or harasser, in writing, of the outcome of the investigation, subject to all applicable confidentiality concerns and obligations. If additional time is needed to complete the review or take appropriate action, the Superintendent or Board of Education will provide all parties with a written status report within thirty (30) school days following receipt of the complaint.
  5. The complainant and the alleged discriminator or harasser have the right to be represented by a person of their choice, at their own expense, during discrimination or harassment investigations and hearings. In addition, complainants have the right to register discrimination or harassment complaints with the U.S. Department of Education’s Office for Civil Rights.
  • Examples of reasons for good cause of delay of timeframes include, but are not limited to: illness of District staff necessary to complete the Title IX grievance process, illness or absence of parties and witnesses, difficulty locating witnesses or evidence, death or serious illness of an immediate family member of necessary District staff, parties, or relevant witnesses, loss or destruction of pertinent records, difficulty scheduling meetings with parties and witnesses, school holidays.
  • The Title IX Coordinator will evaluate the request for an extension of timeframes and make a prompt determination to either extend the timeframes, or take or recommend other action to be able to meet the timeframes.
  • If an extension is granted, the Title IX Coordinator will notify the parties in writing of the reason(s) for the delay, and the estimated date the stages in the timeframe will be complete.

Extension of Timeframes in Sexual Harassment Investigations

The District is committed to conducting prompt, equitable, and thorough investigations of sexual harassment allegations under Title IX. In certain circumstances, however, extensions of the standard investigative timeframe may be warranted due to good cause.

Reasons for Good Cause Delays

The Title IX Coordinator may grant an extension of the investigation timeline if good cause for delay is determined. Examples of good cause include, but are not limited to:

  1. The Title IX Coordinator may grant an extension of the investigation timeline if good cause for delay is determined. Examples of good cause include, but are not limited to:
  2. Illness or absence of District staff necessary to complete the investigation.
  3. Illness or absence of any of the parties or witnesses.
  4. Difficulty in locating witnesses or evidence.
  5. Death or serious illness of an immediate family member of necessary District staff, parties, or relevant witnesses.
  6. Loss or destruction of pertinent records.
  7. Difficulty scheduling meetings with parties or witnesses.
  8. School holidays or breaks that affect the availability of parties or staff.

Extension Request and Determination Process

  • The Title IX Coordinator will promptly evaluate requests for extensions of the investigative timeframe.
  • After reviewing the request, the Title IX Coordinator will promptly determine whether to grant an extension or explore alternative actions to meet the original timeframe.

Notification of Extension

  • If an extension is granted, the Title IX Coordinator will notify all involved parties in writing. The notification will include:
    • The reason(s) for the delay.
    • The adjusted estimated date for completing each stage of the process.

Ongoing Communication

The Title IX Coordinator will maintain communication with all involved parties throughout the extended timeframe to ensure transparency and adherence to the adjusted timeline.

Confidentiality 

The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses. 

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible – including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. 

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant: 

  • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and 
  • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred. 

Written Notice of Allegations

Upon receipt of a formal complaint, the District will send all known parties written notice of:

  • the District’s grievance process, including any informal resolution process; and 
  • the allegations of sexual harassment which will:
    • provide sufficient details known at the time and sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
    • state that the respondent is presumed not to be responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
    • inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney;
    • inform the parties that they may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint; and
    • include notice of any provision in any applicable District policy, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 

If, in the course of an investigation, the District decides to investigate allegations about any complainant or respondent that were not included in the initial notice, the District will provide another notice of the additional allegations to the parties whose identities are known. 

The Title IX Coordinator will notify the respondent that if behavior prohibited under Title IX or another District policy has occurred, it must cease immediately.

 If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

Dismissal of a Complaint

 The District may dismiss a complaint of sex discrimination if:

  • The District is unable to identify the respondent after taking reasonable steps to do so; 
  • The respondent is not participating in the District’s education program or activity and is not employed by the District; 
  • The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator  declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or 
  • The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing. 

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

  • Procedural irregularity that would change the outcome; 
  • New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and 
  • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome. 

If the dismissal is appealed, the District will:  

  • Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent; 
  • Implement appeal procedures equally for the parties; 
  • Ensure that the decision-maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint; 
  • Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations; 
  • Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and 
  • Notify the parties of the result of the appeal and the rationale for the result. 

When a complaint is dismissed, the District will, at a minimum: 

  • Offer supportive measures to the complainant as appropriate;
  • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
  • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’s education program or activity.

Investigation

The District will provide for adequate, reliable, and impartial investigation of complaints. The burden is on the District – not on the parties – to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

 The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible. The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. 

The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:  

  • The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence, the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party; 
  • The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and 
  • The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. 
  • Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized. 

Questioning the Parties and Witnesses

The decision-maker  will adequately assess the credibility of parties and witnesses, where credibility is both in dispute and relevant to evaluating the allegation(s) of sex discrimination.  If the decision-maker serves as the investigator, they will evaluate the credibility of parties and witnesses while questioning the parties and witnesses during the investigation.  If the decision-maker does not serve as the investigator, the Title IX Coordinator will coordinate interviews of parties and witnesses for the decision-maker to assess their credibility.

Determination Whether Sex Discrimination Occurred

 Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will: 

  • Use the clear and convincing standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
  • Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
  • Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
  • If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
  • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and 
  • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Appeal of Determinations

The District offers the following process for appeals from a determination whether sex discrimination occurred:

Appeals

Either party may file an appeal from a determination regarding responsibility or from the District’s dismissal of a formal complaint or any of its allegations. Appeals must be submitted in writing to the Superintendent of Schools within thirty (30) calendar days of the written notice of the determination regarding responsibility or dismissal of the formal complaint or any of its allegations. If the complaint involves the Superintendent of Schools, the appeal must be submitted in writing to the President of the Board of Education.

An appeal may only be based upon one or more of the following bases:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  • 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.

The bases on which a party is seeking an appeal should be specifically stated in the party’s written appeal.

Upon receipt of an appeal, the District will:

  • Notify the other party in writing that an appeal has been filed and implement appeal procedures equally for both parties;
  • Ensure that any decision-maker for the appeal:
    • Is not the same person as any decision-maker that reached the initial determination regarding responsibility or dismissal, investigator, or Title IX Coordinator;
    • Does not have any conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
    • Give all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. Parties will have to submit these written statements within  a reasonably prompt time frame after the parties have been notified of the appeal;
    • Issue a written decision describing the result of the appeal and the rationale for the result; and
    • Provide the written decision simultaneously to the Title IX Coordinator, the Superintendent, and all parties within a reasonably prompt time frame after receiving the parties written statements in support of, or challenging, the outcome.

The Superintendent will determine whether the basis for the appeal is one allowed by this grievance procedure. Appeals will generally not include new investigations; however, the Superintendent may do so if necessary. The Superintendent shall sustain or modify the decision of the Title IX Coordinator and will notify the parties in writing of the decision within thirty (30) school days after the conclusion of the review. The decision of the Superintendent is final, though it may be appealed to the New York State Commissioner of Education. 

This appeal process will be, at a minimum, the same as the District offers in all other comparable proceedings, including proceedings relating to other discrimination complaints. 

Informal Resolution

In lieu of resolving a complaint through the District’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. The District does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law. 

Before reaching a determination regarding responsibility, but only after a formal complaint is filed, the District may offer and facilitate the use of an informal resolution process, such as mediation, that does not involve a full investigation and adjudication of the formal complaint.

It is anticipated that most informal resolutions will be completed within a reasonably prompt time frame.

The District will not require that parties participate in an informal resolution process. The District will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Further, the District will not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right.

If the District offers and facilitates the use of an informal resolution process, it will:

  • provide written notice to all known parties which details:
    • the allegations in the formal complaint;
    • the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that 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 with respect to the formal complaint; and
    • any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; 
  • obtain the parties’ voluntary, written consent to the informal resolution process.

Related District Policies

If a Title IX complaint is dismissed, or if the District determines through its Title IX complaint resolution process that there was not a violation of Title IX, the Title IX Coordinator will advise the complainant that the alleged conduct may be prohibited under other District policies, including: the Code of Conduct, student harassment and bullying, and workplace sexual harassment.  The Title IX Coordinator will facilitate the transfer of information gathered through the Title IX complaint process to be used in the application of the District’s other policies.  

Supportive Measures

The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District’s education program or activity or provide support during the District’s Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include:

  1. Counseling; 
  2. Extensions of deadlines and other course-related adjustments; 
  3. Escorts while on school grounds or activities; 
  4. Increased security and monitoring of certain areas of the District; 
  5. Restrictions on contact applied to one or more parties; 
  6. Leaves of absence;
  7. Changes in class, work, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and
  8. Training and education programs related to sex-based harassment.

Disciplinary Sanctions and Remedies

 Following a determination that sex-based harassment occurred, the District may impose disciplinary sanctions, which may include:

  • Student respondents: consequences may include warning, reprimand, detention, in-school suspension, and suspension from school, to be imposed consistent with the District’s Code of Conduct and applicable law;
  • Employee respondents: consequences may include warning, reprimand, mandatory counseling, re-assignment, demotion, suspension, and termination, to be imposed consistent with all applicable contractual and statutory rights;
  • Volunteer respondents: consequences may include warning, reprimand, loss of volunteer assignments, and removal from future volunteer opportunities; and
  • Vendor respondents: consequences may include warning, removal from school property, denial of future access to school property, and denial of future business with the District.
  • Other individuals: consequences may include warning, removal from school property, and denial of future access to school property.

The Title IX Coordinator will facilitate the transfer of information and determinations from the Title IX complaint process to the appropriate administrator, to aid in the imposition of disciplinary consequences.

 The District may also provide remedies, which may include:

  • Training of entire departments, classes, or groups;
  • Peer support groups;
  • Letters of apology;
  • Separation of the parties;
  • Additional supervision or mentoring for the respondent; and
  • Restitution and restoration.

Effective Date: January 7, 2024