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Rocky Mountain Classical Academy�Title IX Training

September 3, 2025

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Eric Hall & Julie Petersen

Sparks Willson, P.C.

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“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

20 U.S.C. § 1681

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Title IX in Flux

Issue

2024 Regulations

Prohibited Conduct

Sexual harassment - so severe, pervasive, and objectively offensive that it effectively denies equal access to the school’s program or activity

“Sex-based harassment” - so severe or pervasive that it limits one’s ability to participate in or benefit from the school’s educational program or activity

Trigger for School Response

Actual knowledge of sexual harassment; formal compliant filed

Knowledge of conduct that reasonably may constitute sex discrimination

Gender Identity; Transgender

Questions arose post-Bostock (June 2020) about whether TIX should be interpreted like TVII

Explicitly prohibits discrimination on sexual orientation, gender identity, sex characteristics, and sex stereotypes

Complainant Status

Participating, or trying to participate, in school at time the complaint was filed

Participating, or trying to participate, in school at the time of the incident

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Grievance Procedure

Strict procedures regarding roles and process once triggered

More flexibility in process and procedures

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Title IX Process Overview

Incident

Initial Assessment

Formal Investigation

Decision-Making

Appeal

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Incident and Reporting

  • RMCA is “on notice” once a report is made to:
    • Title IX Coordinator or
    • Any RMCA employee is made aware of the incident or concern – whether by their own observation, word-of-mouth, or receive written or verbal complaint about incident
  • RMCA employees must report incident to Title IX Coordinator
  • In addition to other applicable mandated reporting:
    • Abuse/child abuse of minors
    • Supervisors/managers under Title VII

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Title IX Process Overview

Incident

Initial Assessment

    • Jurisdiction
    • Supportive Measures
    • Emergency Removal
    • Formal Complaint
    • Informal Resolution

Formal Investigation

Decision-Making

Appeal

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Report v. Formal Complaint

Report

  • Notifies Title IX Coordinator of an incident
  • Obligates Title IX Coordinator to offer supportive measures and explain the TIX process

Formal Complaint

  • Written request to initiate an investigation
  • Submitted by Complainant (or parents) or signed by Title IX Coordinator
  • Alleging sex discrimination

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Title IX Process Overview

Incident

Initial Assessment

Formal Investigation

    • Notice
    • Interviews
    • Evidence Collection
    • Draft Report
    • Share draft & evidence
    • Review/comment
    • Final report

Decision-Making

Appeal

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Parties’ Rights

  • Be accompanied by advisor of their choice
  • Discuss the allegations under investigation
  • Gather and present relevant evidence without restriction
  • Inspect and review directly related evidence and investigation report
  • Present witnesses
  • Present inculpatory and exculpatory evidence
  • Receive written detailed notice of investigation and allegations, including RMCA’s Title IX Grievance Process
  • Receive written notice of the date, time, location, participants, and purpose of interviews or meetings where their attendance is requested or permitted, with sufficient time to prepare

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Title IX Process Overview

Incident

Initial Assessment

Formal Investigation

Decision-Making

    • Questioning
    • Credibility assessment
    • Determination & rationale
    • Sanctions & remedies

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Appeal

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Title IX Process Overview

Incident

Initial Assessment

Formal Investigation

Decision-Making

Appeal

    • Grounds for appeal
    • Determination & rationale

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Recordkeeping

  • RMCA must maintain records related to TIX for a minimum of seven years:
    • Sexual harassment and discrimination complaints, including determination, discipline, and/or remedies
    • Appeals and results
    • Rationales for all determinations
    • Informal resolution
    • Supportive measures
    • Measures taken to preserve/restore access
    • All training materials
  • Document how RMCA’s response was not deliberately indifferent