Needham Public Schools
Title IX Grievance Procedures
Effective 2025
Scope
The Title IX Sexual Discrimination Grievance Procedure (“Grievance Procedure”) has been developed in accordance with the Title IX Regulations, 34 CFR Part 106, effective August 2025, which mandates specific procedures for responding to and investigating allegations of sexual discrimination under Title IX. This Grievance Procedure applies to all allegations of sexual discrimination under Title IX, including sex-based harassment, which is further defined in the Definitions section below. For this procedure the term “sexual discrimination” shall include the terms “sex-based harassment” and “sexual harassment” except as may otherwise be distinguished.
Allegations of conduct that meet the definition of sexual discrimination, including sex-based harassment and sexual harassment under Title IX, will be addressed through the Grievance Procedure. Allegations of conduct that meet the definition of sexual discrimination, including sex-based harassment and sexual harassment under Title IX, and simultaneously meet the definitions of sexual harassment under Title VII of the Civil Rights Act of 1964 (employees), M.G.L. c. 151B (employees), and/or M.G.L. c. 151C (students), will also be addressed through the Title IX Sexual Discrimination Harassment Grievance Procedure. Nothing in the District’s Grievance Procedure and guiding policies, shall limit the District’s ability to take disciplinary action or exercise its managerial rights consistent with local policy, state & federal law.
Definitions
Complainant:
(1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part; or
(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in the recipient's education program or activity at the time of the alleged sex discrimination.
Complaint: an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or this part.
Confidential Employee:
(1) An employee of a recipient whose communications are privileged or confidential under Federal or State law. The employee's confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;
(2) An employee of a recipient whom the recipient has designated as confidential under this part for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee's confidential status is only with respect to information received about sex discrimination in connection with providing those services.
Disciplinary Measure: consequences imposed on a respondent following a determination under Title IX that the respondent violated the recipient's prohibition on sex discrimination.
Party: a complainant or respondent.
Peer retaliation: retaliation by a student against another student.
Pregnancy or related conditions:
(1) Pregnancy, childbirth, termination of pregnancy, or lactation;
(2) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
(3) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Relevant: related to the allegations of sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision-maker in determining whether the alleged sex discrimination occurred.
Remedies: measures provided, as appropriate, to a complainant or any other person the recipient identifies as having had their equal access to the recipient's education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person's access to the recipient's education program or activity after a recipient determines that sex discrimination occurred.
Respondent: a person who is alleged to have violated the recipient's prohibition on sex discrimination.
Retaliation: intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient's education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or this part, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process. Nothing in this definition or this part precludes the District from requiring an employee or other person authorized by the District to provide aid, benefit, or service under the recipient's education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this part.
Sex-based Harassment: a form of sex discrimination that means sexual harassment and other harassment on the basis of sex, including on the basis described, that is:
(1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient's education program or activity explicitly or implicitly conditioning the provision of such aid, benefit, or service on a person's participation in unwelcome sexual conduct;
(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
(i) The degree to which the conduct affected the complainant's ability to access the recipient's education program or activity;
(ii) The type, frequency, and duration of the conduct;
(iii) The parties' ages, roles within the recipient's education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
(iv) The location of the conduct and the context in which the conduct occurred; and
(v) Other sex-based harassment in the recipient's education program or activity; or
(3) Sexual Assault, Dating Violence, Domestic Violence, and Stalking as defined by federal law.
Supportive measures: individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
(1) Restore or preserve that party's access to the recipient's education program or activity, including measures that are designed to protect the safety of the parties or the recipient's educational environment; or
(2) Provide support during the recipient's grievance procedures
Supportive measures available to complainants and respondents include but are not limited to: counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; increased supervision; mutual restrictions on contact between the parties; changes in work locations; leaves of absence; increased security and monitoring of certain areas of the building and/or school grounds; and other similar measures. Violations of the restrictions imposed by supportive measures may be considered a violation of school rules and may also be considered in determining sexual discrimination.
The Needham Public Schools (“District”) will promptly respond to all reports alleging sexual harassment as defined by Title IX regulations. The District will ensure a fair and equitable resolution and will provide supportive measures to both the alleged victim and the respondent. If sexual harassment is found to have occurred, the District will take steps to prevent recurrence and to provide remedies designed to restore or preserve equal access to the District’s programs.
The Title IX Coordinator (“Coordinator”) is responsible for ensuring the District’s compliance with Title IX and this Grievance Process. The Coordinator’s contact information is as follows:
Title IX Coordinator for Students:
Mary Lammi, Assistant Superintendent for Student Support Services
1330 Highland Avenue, Needham, MA 02492
781-455-0400 x11213
Title IX Coordinator for Employees:
Alexandra McNeil, Assistant Superintendent for Human Resources
1330 Highland Avenue, Needham, MA 02492
781-455-0400 x11208
Process Before the Filing of a Formal Complaint
Any District employee who has knowledge of an allegation of sexual harassment must inform the Title IX Coordinator or the Building Principal (who shall take responsibility for notifying the Title IX Coordinator). The employee’s knowledge may be based upon personal observation or upon a report from the alleged victim or from anyone else.
Once the Title IX Coordinator learns of an allegation of sexual harassment, the Coordinator will contact the alleged victim (“the Complainant”) to gather preliminary information and describe the Complainant’s right to file a “Formal Complaint” against the alleged perpetrator (“the Respondent”). The Coordinator will discuss and offer “Supportive Measures” and will explain that they are available whether or not the Complainant files a Formal Complaint.
A “Formal Complaint” is a document filed by the Complainant alleging sexual harassment against a respondent and requesting that Needham Public Schools initiate the Grievance Process. Formal Complaints may be filed with the Title IX Coordinator in person, by mail, or electronic mail. If a Formal Complaint is dismissed because the alleged events do not fall within the parameters of Title IX, the District will promptly notify the parties of its dismissal and the reasons therefore. When the Complainant chooses not to file a Formal Complaint, the Coordinator may elect to do so, particularly when the Coordinator deems that an investigation and potential sanctions are necessary to address safety or similar concerns within the District. If electing to override a Complainant’s decision, the Coordinator must document the reasons in writing.
“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. They may be provided before or after the filing of a Formal Complaint or where no Formal Complaint is filed. Such Measures are designed to restore or preserve equal access to the District’s education and activities, including measures designed to protect the safety of all or the educational environment or to deter sexual harassment. The District will maintain the confidentiality of any Supportive Measures to the extent possible. Examples of supportive measures include, but are not limited to the following: counseling, deadline extensions, course adjustments, work or schedule modifications, and increased security.
Process After the Filing of a Formal Complaint
Once the Formal Complaint is filed, the Grievance Process begins. The District will provide the Complainant and Respondent with written notice of the allegations and information about the Grievance Process. This written notice will include details of the specific allegations including (if known) the individuals involved, the alleged conduct, and its date and location. The notice must include a statement that the Respondent is presumed not responsible for the alleged conduct and that a determination of responsibility is to be made at the conclusion of the Grievance Process. The parties will be informed of the right to have an advisor of his/her choice (who may be, but is not required to be, an attorney) who may accompany them at any point during the process. Each party will also be informed of his/her right to inspect and review evidence that is gathered. The parties will also be reminded of the school’s prohibition against knowingly making false statements during this process and of the District’s policy prohibiting retaliation against anyone who participates in the Grievance Process.
After the Formal Complaint is filed and the parties have been advised of their rights, the Title IX Coordinator will offer the parties the option of participating in an informal resolution process if appropriate. Before beginning an informal resolution process, the District will obtain written consent from the Complainant and Respondent. A Facilitator assigned by the Coordinator will conduct a mediation. If a resolution is reached, the Facilitator will maintain the result in writing, and no further action need be taken. As the process is entirely voluntary, either party may withdraw from the informal resolution process at any time.
If either party declines informal resolution, or in the event no agreement is reached, the Grievance Process will resume. The Coordinator will assign an “Investigator” and a separate “Decision-Maker.” In the event of an appeal, a separate Appeal Office must also be appointed. All individuals involved in processing a Formal Complaint must be free of bias and conflict of interest and must receive training regarding this policy and their respective roles.
The Investigator will complete an investigation into the Formal Complaint. Both the Complainant and Respondent will have an equal opportunity to present witnesses and other evidence. Prior to any interviews with a witness, the Investigator will provide the witness with notice of the date, time, location, participants, and sufficient time to prepare for that interview. Both parties will have an equal opportunity to examine and inspect evidence. At the conclusion of the investigation, the Investigator will create an initial Investigative Report that summarizes the relevant evidence and will send it simultaneously to each party and the party’s Advisor. The parties will have 10 days to review and respond to the report if they so choose. After considering any response, the Investigator will then finalize the Investigative Report and provide a copy to each party, his/her Advisor, and to the Decision-Maker.
The Decision-Maker will afford each party the opportunity (1) to submit written, relevant questions that a party wishes to ask of any party or witness, (2) to provide answers, and (3) to submit additional, limited follow-up questions. The Decision-Maker must provide an explanation in the event he/she excludes a question as not relevant.
In addition, or in the alternative, the District has the discretion (and is not required) to conduct a live hearing as part of the Grievance Process. At such a hearing, the Decision-Maker will permit each party’s Advisor to ask the other party and any witnesses relevant questions. If a party does not have an Advisor for the hearing, the District will provide one at no cost. Upon the request of the Complainant or Respondent, the District will utilize technology to separate the parties during the hearing process. If a party or witness does not submit to cross-examination at the live hearing, the Decision-Maker will not consider any statement of that party or witness in determining responsibility.
Following the written or live hearing process, the Decision-Maker will issue simultaneously to both parties a written decision as to whether Respondent engaged in Sexual Harassment, using a preponderance of the evidence standard. The report must include a description of the allegations, the procedural steps followed in the grievance process, a finding of facts, the conclusions reached, and the rationale therefore, and if applicable, any discipline imposed (subject to applicable procedures). If applicable, the Decision-Maker will also include remedies designed to restore or preserve equal access to education and activities within the District.
Appeal
Both the Complainant and Respondent shall have the right to appeal the decision by notifying the Title IX Coordinator in writing within 10 business days of receiving the decision. The District will provide written notice of the appeal to the other party. The grounds for appeal are limited to: Procedural irregularity, new evidence that was not reasonably available at the time of the determination or dismissal, or an alleged conflict of interest. Both parties shall have an opportunity to provide a written statement supporting their position on Appeal. The Appeal shall be reviewed by a person who is not the original Facilitator, Investigator, Decision-Maker, or Title IX Coordinator. The Appeal Officer shall issue simultaneously to the parties a written decision and rationale therefore.
Records
The District will maintain for seven years a record of the alleged conduct and of any actions taken, including supportive measures provided and the basis for the District’s conclusion with respect to the alleged conduct.