KIPP COLORADO

TITLE IX

INVESTIGATOR TRAINING

Based on 34 C.F.R. Part 106 (eff. Aug. 14, 2020) and KIPP Colorado Title IX Policy

Investigations that are fair, impartial, and trauma-informed.

TRAINING AGENDA

01

Legal Framework & Definitions

Federal statute, 2020 regs, KIPP policy scope

02

Jurisdiction & Applicability

KIPP's education program, covered parties

03

The Role of the Investigator

KIPP definition, objectivity, conflicts of interest

04

Formal Grievance Process

KIPP's 11-step process, timelines, no live hearing rule

05

Investigation Planning & Evidence

21-day evidence window, relevance, privileged records

06

Interviews & Trauma-Informed Practice

Complainant, respondent, witnesses at KIPP

07

Investigative Report

Content, neutral framing, 5-day party response

08

Records, Confidentiality & Retaliation

7-year retention, FERPA, retaliation prohibition

MODULE 01

Legal Framework

& Definitions

Federal statute, 2020 regulations, and KIPP Colorado policy scope

Module 01 | Title IX & KIPP's Policy Foundation

• Title IX of the Education Amendments of 1972: Prohibits sex-based discrimination in any education program or activity receiving federal financial assistance
• 2020 Final Rule (34 C.F.R. Part 106, eff. Aug. 14, 2020): First codified formal grievance procedures for sexual harassment — the basis for KIPP's policy
• KIPP Colorado Title IX Policy: Incorporates the 2020 regulations and extends protections to include:
• Violations of Title VII of the Civil Rights Act of 1964
• The Colorado Anti-Discrimination Act (CADA)
• Conduct based on sexual stereotypes, sexual orientation, and transgender status
• KIPP's policy covers students, team members, and community members across ALL KIPP Colorado campuses and the Home Office
• Policy availability: Administrative office of every campus, KIPP website, Student and Family Handbook, and network intranet

Module 01 | Definitions: Sexual Harassment Under KIPP Policy

• KIPP's definition of Sexual Harassment (Section 18(j)) includes:
• Quid Pro Quo: Conduct by a KIPP employee or board member that conditions an aid, benefit, or service (including employment) on participation in unwelcome sexual conduct
• KIPP-Specific: Conduct by a KIPP team member that constitutes sexual misconduct involving a student — NOTE: BROADER than the federal definition
• Hostile Environment: Unwelcome conduct that a reasonable person would determine is so severe, pervasive, AND objectively offensive that it effectively denies equal access to employment or KIPP's education programs
• Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined under the Clery Act/VAWA
• Complainant: A person alleged to be the target — includes a possible complainant identified by a third party
• Respondent: An individual alleged to have engaged in sexual harassment
• Investigator (KIPP Definition): A person trained to evaluate witness credibility objectively, synthesize evidence, and take into account the unique circumstances — may not have a conflict of interest

⚠️ The hostile environment standard is conjunctive: severe, pervasive, AND objectively offensive. All three elements must be present.

Module 01 | Actual Knowledge & KIPP Reporting

• Actual Knowledge at KIPP: Any KIPP employee who receives (i) an allegation of sexual harassment or (ii) information that reasonably causes them to believe sexual harassment occurred MUST report to the Title IX Coordinator
• Parents, students, or community members may also report directly to the Title IX Coordinator
• KIPP's reporting portal: Google Form available on the Title IX website (link in policy Section 5)
• Actual knowledge by ANY employee — not just the Title IX Coordinator — triggers KIPP's obligation to respond
• Within 7 school days of receiving a report, the Title IX Coordinator must:
• (a) Contact the Complainant and discuss Supportive Measures availability
• (b) Consider any requests for Supportive Measures
• (c) Inform Complainant that Supportive Measures are available regardless of whether a formal complaint is filed
• (d) Explain the formal complaint filing process
• (e) Complete the KIPP Title IX Report of Sexual Harassment form (Exhibit 1)

⚠️ Actual knowledge does not require a formal complaint to be filed. If you receive a report as an employee, you must report it — your obligation cannot be delegated or deferred.

MODULE 02

Jurisdiction &

Applicability

KIPP's education program, who is covered, and emergency removal

Module 02 | KIPP's Education Program or Activity

• Federal standard: Conduct must occur in an 'education program or activity' and against a person in the United States
• KIPP Policy Definition (Section 18(g)): KIPP campuses, the KIPP Home Office, and all locations, events, or circumstances in which KIPP exercises substantial control over a Respondent AND the context in which alleged sexual harassment occurs
• Covered locations include:
• All KIPP Colorado school campuses: KNDMS, KNDLA, KNE, KSPA, KSPE, KDC
• KIPP Home Office, 1390 Lawrence St, Denver
• School-sponsored field trips, athletic events, extracurricular activities
• Digital/online spaces used in connection with KIPP educational activities
• Off-campus conduct: Apply a case-by-case analysis — does KIPP exercise substantial control over the respondent and context?
• Mandatory dismissal: If conduct did not occur in KIPP's education program or activity, the formal Title IX complaint must be dismissed — but KIPP may address it under the Code of Conduct or employment policy

⚠️ Document the jurisdictional analysis in every investigative report. Jurisdiction is frequently the first issue raised on appeal.

Module 02 | Who Is Covered & Emergency Removal

Who Can Be a Complainant or Respondent

• Complainants: Must be participating in or attempting to participate in KIPP's education program or activities (including employment) at the time of the complaint
• A parent or guardian may file on behalf of a student complainant
• The Title IX Coordinator — not a third-party reporter — may sign a formal complaint
• KIPP-specific: 'Complainant' includes a possible complainant identified by a third party — KIPP does not require self-identification as a victim before acting
• Respondents: Any student, team member, contractor, or volunteer alleged to have engaged in covered conduct

Emergency Removal & Admin Leave (§ 7.2)

• Employee Respondents: KIPP may place on Administrative Leave while allegations are investigated
• Student Respondents: KIPP may remove if necessary to protect from an IMMEDIATE threat to physical health or safety
• IEP/504 Students: Removal is subject to IDEA and Section 504 compliance — coordinate with Special Education BEFORE removing
• If both parties remain in school: Title IX Coordinator determines whether a Safety Plan is advisable and initiates that process
• Decision NOT to create a Safety Plan must be documented in writing

📌 Emergency removal is not the same as a disciplinary suspension. The threat must be immediate and physical — document the individualized safety analysis.

MODULE 03

The Role of the

Investigator

KIPP's investigator definition, training requirements, and conflicts

Module 03 | KIPP's Investigator Definition & Training Requirements

• KIPP Policy Definition (Section 18(d)): An Investigator is a person trained to evaluate objectively the credibility of witnesses, synthesize evidence, and take into account the unique circumstances of each situation
• The Title IX Coordinator may serve as Investigator OR may delegate to a qualified inside or outside investigator
• Required training topics under KIPP policy (Section 14) and 34 C.F.R. § 106.45(b)(1)(iii):
• Definition of sexual harassment under KIPP policy and § 106.30
• Conducting investigations and grievance processes that protect complainant safety and promote accountability
• Serving impartially — avoiding prejudgment, conflicts of interest, and bias
• Identification of privileged or irrelevant evidence, including treatment of evidence of prior sexual conduct
• Methods of informal resolution; preparation of investigative reports; avoidance of sex stereotypes
• Training materials must be publicly posted on KIPP's website (Section 15(e))
• THIS TRAINING satisfies the required training obligation — document completion and retain for 7 years

✅ You are completing required training now. Retain this record. KIPP's policy specifies training must occur before service in any investigation role.

Module 03 | Objectivity, Conflicts of Interest & Role Separation

• An Investigator may NOT have a conflict of interest in the matter under investigation (KIPP Policy Section 18(d))
• Disqualifying conflicts include:
• Prior supervisory, advising, or counseling relationship with either party
• Personal relationship or financial interest involving either party
• Prior involvement in the incident as a mandatory reporter or witness
• Pre-formed conclusions about the outcome before reviewing evidence
• Role separation requirements (KIPP policy Sections 18(d)–(e)):
• The Investigator may NOT serve as the Decision-Maker in the same case
• The Decision-Maker may NOT be the Title IX Coordinator or the Investigator
• Appeals Panel members may NOT be the Title IX Coordinator or Decision-Maker (Section 18(a))
• Parties may challenge the Investigator for bias — KIPP must have a process to address such challenges
• When a conflict is identified: Recuse immediately and notify the Title IX Coordinator

⚠️ Three separate roles, three separate people minimum: Investigator — Decision-Maker — Appeals Panel. In small organizations this requires planning ahead.

Module 03 | What Investigators DO and DON'T Do

Investigator Functions

• Gather and preserve all relevant evidence
• Interview complainant, respondent, and witnesses
• Apply the relevance standard to filter evidence
• Provide parties equal access to evidence and the 10-day response window
• Produce a neutral, factual investigative report that fairly summarizes relevant evidence
• Issue notice of formal complaint to parties (Exhibit 3)
• Issue notice of investigative report to parties (Exhibit 4)
• Flag credibility issues without resolving them

What Investigators Must NOT Do

• Make final credibility determinations or findings of responsibility
• Determine sanctions or remedies
• Advise either party on strategy
• Serve simultaneously as the Decision-Maker or Appeals Panel member
• Guarantee confidentiality to witnesses
• Delay mandatory child abuse reports while awaiting Title IX process completion
• Draw adverse inferences from non-participation — permitted but not required at KIPP; use sparingly and document

📌 KIPP policy permits (but does not require) the Investigator to draw adverse inferences from a party's refusal to be interviewed or provide evidence.

MODULE 04

Formal Grievance

Process at KIPP

KIPP's 11-step process, no live hearing rule, and key timelines

Module 04 | KIPP's Process: Key Structural Rules

• NO LIVE HEARINGS: KIPP's policy (Section 11) explicitly states KIPP will NOT conduct live hearings — this is a K-12 exception permitted by the 2020 regulations
• Standard of Evidence: Preponderance of the evidence — 'more likely than not' (Section 7.3) — applied by the Decision-Maker, not the Investigator
• Presumption of Innocence: Respondent is presumed not responsible; burden of proof rests on the preponderance standard
• KIPP Process Timeline Overview:
• Report received → 7 school days: Title IX Coordinator contacts Complainant, offers Supportive Measures
• Formal complaint filed → Written Notice issued (Exhibit 3)
• 21 calendar days from notice: Parties submit evidence to Investigator
• 10 calendar days: Parties review evidence and submit written response to Investigator
• Investigative Report issued → 5 calendar days: Parties submit response + proposed questions to Decision-Maker
• Decision-Maker reviews, conducts written Q&A → Decision issued no sooner than 10 days after report
• 5 calendar days from decision: Appeal deadline; 21 days for Appeals Panel decision
• Overall target: Resolution within 120 days of KIPP receiving notice of the allegations

✅ 120-day overall target is a goal, not a hard deadline — document any delays and reasons. Good cause extensions are permissible.

Module 04 | Formal Complaint Filing (Section 7)

• Who may file a formal complaint:
• The Complainant (or their parent/guardian, if appropriate)
• The Title IX Coordinator — BUT: a third-party reporter alone may NOT sign a formal complaint
• How to file: In person, by email, electronic communication, mail, telephone, or any other effective means
• Required content: (a) nature of the alleged violation; (b) names of person(s) responsible, if known; (c) any other relevant background information
• Complainant Intake Form: Complainants will be asked to complete Exhibit 2 — completion is NOT required to file
• Complainant participation requirement: At the time of the complaint, the Complainant must be participating in OR attempting to participate in KIPP's education program (including employment)
• Upon filing, the Title IX Coordinator must offer Supportive Measures to both parties if not already provided
• Informal Resolution Option: Available ONLY if (a) a formal complaint has been filed AND (b) the complaint does NOT involve alleged harassment of a student by a KIPP employee

⚠️ The prohibition on employee-student informal resolution is absolute under KIPP policy — do not offer or facilitate mediation in those cases regardless of party preference.

Module 04 | Notice of Formal Complaint (Exhibit 3 / Section 7.7)

• The Investigator provides written notice to BOTH the Complainant and Respondent simultaneously
• Required content of notice:
• (a) Description of the conduct alleged, date and location, names of Complainant and other involved parties
• (b) Statement that Respondent is presumed NOT responsible; responsibility determined at conclusion of process
• (c) Notice of right to an attorney or non-attorney advisor
• (d) Statement of right to inspect and review all evidence
• (e) Statement of prohibition on providing false evidence
• Use the template at Exhibit 3 of KIPP's Title IX Policy — it incorporates all required elements
• If NEW allegations arise during investigation: Provide supplemental written notice before addressing those allegations
• Give both parties at least 24 hours' advance written notice of the date, time, location, and purpose of any meeting

⚠️ Notice at least 24 hours before any investigative meeting is a KIPP policy requirement. Calendar invitations alone may not suffice — send formal written notice.

Module 04 | Summary Dismissal & Informal Resolution

• Mandatory Dismissal (Title IX): Dismiss if allegations do not constitute sexual harassment as defined, OR conduct did not occur in KIPP's education program or activity
• KIPP Discretionary Dismissal: The Investigator may dismiss if:
• Respondent withdraws from KIPP or terminates employment
• Complainant requests withdrawal of the complaint
• Other specific circumstances prevent an investigation based on appropriate evidence
• Dismissal under Title IX does NOT prevent KIPP from taking separate disciplinary action under Code of Conduct or employment policies — but must comply with due process protections in this policy
• Informal Resolution (Section 7.1) — Available ONLY when: (a) a formal complaint has been filed, AND (b) the complaint does NOT concern alleged harassment of a student by a KIPP employee
• Forms: Restorative justice, mediation, fact-finding, or arbitration; parties may withdraw before executing written agreement
• Binding arbitration requires Title IX Coordinator approval; Coordinator may disapprove for sexual violence cases
• Both parties receive notice of any dismissal and their right to appeal (Exhibit 6 appeal form)

⚠️ Dismissal decisions must be fully documented. A dismissed Title IX complaint may still warrant action under KIPP's Code of Conduct — coordinate with HR.

MODULE 05

Investigation Planning

& Evidence

KIPP's 21-day evidence window, relevance, and privilege rules

Module 05 | Pre-Investigation Planning at KIPP

• Review the formal complaint and Exhibit 3 notice before scheduling any interviews
• Confirm no conflicts of interest — recuse and notify Title IX Coordinator if any exist
• Coordinate with Title IX Coordinator on any Supportive Measures already in place — do not undermine them
• Issue an evidence/documentation hold if applicable — notify relevant staff not to destroy records
• Develop investigation plan: parties, potential witnesses, types of documentary evidence, digital evidence requiring preservation
• KIPP's 21-day evidence window (Section 9):
• Complainant and Respondent have 21 calendar days from receipt of the Exhibit 3 notice to present witnesses and evidence to the Investigator
• KIPP will not restrict either party's ability to gather evidence or discuss allegations unless discussions exceed legal bounds
• Provide each party at least 24 hours' advance written notice before any meeting
• Supportive Measures: Must be offered to Respondent no later than 7 school days after notification of the formal complaint

⚠️ The 21-day window begins from the date of the Exhibit 3 notice — not from the date of the formal complaint. Track this date carefully.

Module 05 | Evidence Standards & Exclusions (Section 8)

• Standard of Evidence: Preponderance (more likely than not) — applied by Decision-Maker, NOT the Investigator
• Investigators gather ALL relevant evidence — do not pre-filter based on what you think will be sufficient
• KIPP Policy excludes two categories of evidence (Section 8):
• (1) Evidence that is PRIVILEGED BY LAW — attorney-client, therapist-patient, etc. Parties cannot be required to produce; may voluntarily share
• (2) Evidence of sexual predisposition or prior sexual behavior — UNLESS offered to prove: (a) another person committed the alleged conduct, OR (b) legally recognized consent
• All other relevant evidence should be gathered even if you expect exclusion — document exclusion decisions
• Equal access to all evidence: Both parties receive the full evidence file — including exonerating, incriminating, AND evidence the Investigator will not rely upon
• If possible, provide evidence in electronic format that does not permit downloading or copying
• Medical/mental health records: Implicate FERPA and HIPAA — handle with appropriate protocols; consult legal counsel

⚠️ Never use a party's refusal to waive privilege as evidence of guilt or deceptive intent — document the assertion of privilege neutrally.

Module 05 | Access to Evidence & Written Response (Section 10)

• Once all evidence is collected, BOTH parties must receive equal opportunity to review ALL evidence directly related to the allegations — including exonerating, incriminating, and evidence not relied upon
• Parties have 10 calendar days from receipt/inspection of the evidence to submit a written response to the Investigator
• After receiving written responses:
• Review all written responses genuinely — they may identify new witnesses, correct factual errors, or raise exclusion objections
• Consider whether any response requires supplemental investigation, additional interviews, or modification of approach
• Document how you responded to each substantive argument raised in written responses
• Keep a log with timestamps for all evidence shared with each party
• The 10-day review period is a federal minimum — do not shorten it; KIPP policy mirrors the federal requirement
• After the 10-day window closes: Promptly prepare the investigative report

⚠️ The 10 calendar days for evidence review and the 21 calendar days for evidence submission are two distinct, sequential windows. Maintain a timeline chart for each investigation.

MODULE 06

Interviews &

Trauma-Informed Practice

Conducting fair, effective interviews within KIPP's process

Module 06 | General Interview Standards at KIPP

• All investigative interviews must be conducted impartially, respectfully, and in a trauma-informed manner
• Interview each party and witness separately — never jointly
• KIPP policy (Section 9): The Investigator will meet with each party and give at least 24 hours' advance written notice of the date, time, location, and purpose of the meeting
• Advisors: Parties have the right to have an attorney or non-attorney advisor present at any meeting (Section 7.7(c))
• Advisors observe but do not speak for the party during investigative interviews unless KIPP's policy specifically provides otherwise
• Recording policy: Follow KIPP's protocol; if you record, inform the interviewee; if not, take detailed contemporaneous notes
• After each interview: Prepare a written summary
• At the start of every interview, explain:
• The purpose of the interview and the process
• The prohibition on knowingly false statements (KIPP policy Section 7.6)
• That you cannot guarantee complete confidentiality — identify limits upfront
• That retaliation against anyone for participating (or declining to participate) is prohibited (Section 12)

⚠️ Mandatory reporting obligations exist independently of the interview. If an interview reveals suspected child abuse, you must report immediately — do not delay to await the Title IX outcome.

Module 06 | Interviewing the Complainant

• Before the interview: Review the formal complaint; identify narrative gaps; prepare open-ended, non-leading questions
• Begin with rapport-building and an explanation of the process, purpose, and their rights
• Trauma-informed practices:
• Use open-ended questions: 'Tell me what happened.' 'What did you observe?' 'What happened next?'
• Do not express skepticism or interrupt unnecessarily — allow pauses; silence is not deception
• Be aware of trauma responses: memory fragmentation, flat affect, non-linear recall, inconsistency over time
• Do not focus on complainant's actions or non-actions in ways that imply fault
• Cover: the specific incident(s); context and relationship with respondent; any prior incidents; all witnesses; any documentary or physical evidence; impact on access to KIPP's educational programs
• Discuss and document Supportive Measures offered and requested
• End: 'Is there anything else you want me to know?' — document the answer verbatim
• False evidence prohibition: Remind the complainant that knowingly false statements are a policy violation — deliver this neutrally, not accusatorially

📌 Inconsistencies in a complainant's account are expected and should be noted without using them to pre-judge credibility. Trauma does not mean dishonesty.

Module 06 | Interviewing the Respondent

• The respondent is presumed not responsible — this must be reflected in your conduct throughout the interview
• Provide the Respondent with the Exhibit 3 notice containing sufficient detail of the allegations BEFORE the interview
• At least 24 hours' advance written notice of the date, time, location, and purpose of the meeting
• Approach: Use the same open-ended, non-accusatory techniques as with the Complainant
• Cover: Respondent's account of each alleged incident; context and relationship with Complainant; any witnesses; any documentary evidence; explanation for any physical or digital evidence
• Adverse inference: KIPP policy (Section 10) permits — but does NOT require — an adverse factual inference from a Respondent's refusal to be interviewed or provide evidence
• If Respondent declines to participate: Document the refusal; you may still complete the investigation and issue a report
• Silence alone cannot be the sole basis for a finding of responsibility — adverse inference is one factor, not dispositive
• If Respondent is also a criminal suspect: Coordinate with Title IX Coordinator and legal counsel before conducting the interview

⚠️ Do not lead with adverse inference warnings as a threat. Inform the respondent of their right to participate and the value of their account. Document if they decline.

Module 06 | Interviewing Witnesses

• Identify witnesses from: formal complaint, complainant interview, respondent interview, school records, bystander reports
• KIPP policy (Section 9): Either party may request specific witnesses — interview requested witnesses unless testimony would be irrelevant or duplicative; document basis for declining
• For each witness: Inquire about personal observations (not rumors or hearsay); context of their relationship with parties; prior knowledge of the incident; any relevant communications
• Minor witnesses in K-12 settings: A parent/guardian may be required to be present — check KIPP's policy and Colorado law; coordinate with the Title IX Coordinator
• At the outset of each witness interview, explain:
• Purpose and process
• Prohibition on knowingly false statements — per KIPP policy, disciplinary consequences may follow (Section 7.6)
• Limits of confidentiality — you cannot guarantee witness anonymity
• Retaliation is prohibited against those who participate or decline to participate (Section 12)
• Every witness interview must result in a contemporaneous written summary — no exceptions

⚠️ Character witnesses are generally of limited relevance. Prior bad acts may be relevant in specific circumstances — consult legal counsel and the Title IX Coordinator before relying on them.

MODULE 07

The Investigative

Report

Required content, neutral framing, and KIPP's 5-day party response

Module 07 | Investigative Report Requirements (Section 12)

• Trigger: After the 10-day written response to evidence period closes, the Investigator promptly prepares and issues the report
• Standard: The report must 'fairly summarize the relevant evidence discovered during the investigation' (KIPP policy Section 12)
• The report must be provided to BOTH parties AND the Decision-Maker simultaneously
• Required content:
• Summary of allegations and procedural history (complaint date, notices issued, interviews conducted, evidence gathered)
• Jurisdictional analysis — did the conduct occur in KIPP's education program or activity?
• Each party's account, presented completely and with equal detail
• Summary of witness testimony attributed by source
• Description and analysis of documentary, physical, and digital evidence
• Contested factual issues — clearly identified, not resolved by the Investigator
• Credibility observations — note inconsistencies; do not resolve them
• Evidence NOT relied upon, and documented basis for exclusion
• The report must NOT include: a determination of responsibility; recommended sanctions; or the Investigator's personal conclusion about which party is more credible

⚠️ The investigative report is a road map for the Decision-Maker, not a verdict. Attribute every factual statement to a named source.

Module 07 | Neutral Framing & Writing Standards

• Attribute every factual assertion: 'Complainant stated...' / 'Respondent denied...' / 'Witness X corroborated...'
• Neutral framing examples:
• AVOID: 'The complainant credibly described...' / 'The respondent's explanation was unconvincing'
• USE: 'Complainant stated...' / 'Respondent denied and provided the following account:...'
• AVOID: 'It appears the respondent was untruthful because...'
• USE: 'The following inconsistencies were observed between Respondent's account and [evidence/witness]:...'
• Use initials or consistent pseudonyms for parties and witnesses throughout the entire report
• Present each party's account completely and fairly — equal depth and detail for both parties
• Where accounts conflict: Present both accounts; note the conflict; list corroborating or contradicting evidence; do NOT resolve it
• Avoid victim-blaming framing — do not describe complainant behavior in ways that imply fault
• Review: Read the final draft as if you are the party most likely to object — is it fair to them?

✅ A well-written, neutral report is the single most important protection against a successful appeal on the grounds of investigator bias.

Module 07 | KIPP's 5-Day Party Response to Report (Section 12)

• After receiving the investigative report, both parties have the right to submit to the Decision-Maker:
• (1) A written response to the report
• (2) Proposed written, relevant questions the party wants asked of any other party or witness
• KIPP timeline: Both items must be submitted to the Decision-Maker within FIVE calendar days of the report's transmission (Exhibit 4 notice)
• Use the Exhibit 4 Notice to Parties Concerning Investigative Report to transmit the report — it informs parties of their rights and the 5-day deadline
• The report goes to parties AND to the Decision-Maker at the same time
• Investigator's role after 5 days: May be consulted by the Decision-Maker during the written Q&A phase — be prepared to clarify findings, not to re-investigate

⚠️ Five calendar days is a tight window. Send the report on a date that gives parties full business days — avoid transmitting immediately before holidays or weekends.

MODULE 08

Records, Confidentiality

& Retaliation

KIPP's 7-year retention, FERPA, confidentiality, and anti-retaliation

Module 08 | Records Retention (Section 13)

• KIPP's policy requires all records created under the Title IX policy to be retained for SEVEN YEARS
• Covered records include (without limitation):
• Training materials — including this presentation (must also be publicly posted per Section 15(e))
• Investigative records (notes, evidence file, communications, interview summaries)
• Informal resolution records and outcomes
• Disciplinary records and sanctions imposed on Respondent
• Supportive measures offered, provided, and modified
• Decisions, remedies, and appeals (including Appeals Panel written decisions)
• Submit ALL documentation to the Title IX Coordinator for centralized retention — do not maintain personal copies outside the designated system
• Your investigator role ends when the file is submitted to the Title IX Coordinator — follow KIPP's records custody procedures

✅ Seven years runs from the conclusion of each matter. Maintain records even for matters that were dismissed, informally resolved, or withdrawn.

Module 08 | Confidentiality & FERPA

KIPP Confidentiality (Section 11)

• The identities of reporters, Complainants, Respondents, and witnesses shall NOT be made public except as provided in FERPA, as otherwise required by law, or as needed for the investigation or judicial proceeding
• Limit disclosure to persons with a legitimate educational interest
• Party identity may not be disclosed to the public — but MUST be disclosed to the opposing party as required by the notice and investigation process
• If a Complainant requests confidentiality: The Title IX Coordinator — not the Investigator — decides whether to honor that request
• Colorado law may impose additional confidentiality obligations — consult legal counsel

FERPA Considerations

• Title IX investigation records are education records subject to FERPA (20 U.S.C. § 1232g)
• A Complainant student is entitled to the OUTCOME of the investigation — not automatically to the Respondent's full disciplinary records
• Parents of minor students generally hold FERPA rights unless the student is 18+
• Do not disclose personally identifiable information from education records without authorization or a FERPA exception
• FERPA does not shield records from production in the Title IX process — it governs disclosure outside the process
• Coordinate with HR and legal counsel when records involve both student and employee information

📌 FERPA and Title IX co-exist. FERPA does not prevent you from investigating — it governs what you do with records after the process concludes.

Module 08 | Retaliation Prohibition & Mandatory Reporting (Sections 12, 5)

• Anti-Retaliation (Section 12): Neither KIPP nor any person may intimidate, threaten, coerce, or discriminate against an individual because they:
• (a) Exercised rights under this policy
• (b) Participated in any proceeding under this policy
• (c) Declined to participate in any proceeding under this policy
• Claims of retaliation may be filed under KIPP's general grievance policy OR under this Title IX policy
• False evidence clarification (Section 7.6): Discipline for knowingly providing false evidence is NOT retaliation — and mere disagreement with findings does not prove knowing submission of false evidence
• Colorado Mandatory Reporting (C.R.S. § 19-3-304): All KIPP employees are mandatory reporters of suspected child abuse or neglect — INDEPENDENT of and NOT suspended by the Title IX process
• If an interview discloses information suggesting abuse of a minor: Report to Colorado DCFS or law enforcement immediately — do not wait for the Title IX process to conclude
• Concurrent law enforcement investigation: KIPP may temporarily delay for good cause if law enforcement requests — document and notify parties in writing; coordinate with Title IX Coordinator

⚠️ Warn all participants at the start of their involvement that retaliation is prohibited and will itself be investigated. Document this warning.

Key Principles for Every KIPP Colorado Investigation

Presume Innocence

The respondent is presumed not responsible. Preponderance of the evidence, applied by the Decision-Maker, is the burden of proof at KIPP.

No Live Hearings at KIPP

KIPP does not conduct live hearings. Written questioning through the Decision-Maker replaces cross-examination. Follow the 5-day response window.

Document Everything

If it isn't written down, it didn't happen. Document notices, interviews, evidence decisions, delays, and every procedural step.

Know the Timelines

21 days for evidence, 10 days for evidence review, 5 days for report response, 10-day minimum to Decision, 5-day appeal window, 120-day overall goal.

Know Your Role

Investigators gather and present. Decision-Makers decide. Appeals Panel reviews. These roles cannot overlap in the same case.

When in Doubt, Escalate

Contact Title IX Coordinator Richelle Moulin-Geisen (720-544-3171) for complex questions — mandatory reporting, law enforcement coordination, IEP/504 removal.

KIPP Colorado | Investigation Timeline Quick Reference

Report Received

Within 7 school days

Title IX Coordinator contacts Complainant; offers Supportive Measures; completes Report Form (Exhibit 1)

Formal Complaint Filed

Immediately

Written Notice issued to both parties (Exhibit 3); Supportive Measures offered to Respondent within 7 school days

21-Day Evidence Window

From Exhibit 3 notice date

Parties present witnesses and evidence to Investigator; 24-hour advance written notice before each meeting

10-Day Evidence Review

After evidence collected

Both parties review full evidence file; submit written responses to Investigator

Investigative Report Issued

Promptly after 10-day review

Report + Exhibit 4 notice sent to parties AND Decision-Maker simultaneously

5-Day Response Window

From report transmission

Parties submit written responses and proposed questions to Decision-Maker

Written Q&A Phase

Decision-Maker led

Decision-Maker filters questions, submits to parties, allows follow-up

Decision

No sooner than 10 days after report

Written determination issued simultaneously to both parties (Exhibit 5); includes appeal rights

Appeal Window

5 calendar days from decision

Party files with Decision-Maker (Exhibit 6); both parties notified; 5 days for written statements

Appeals Panel Decision

21 calendar days from all materials

Written decision simultaneously to both parties; evenly divided panel = decision upheld

Overall Target

120 days from notice of allegations

Document any extensions with good cause; coordinate all timeline decisions with Title IX Coordinator

KIPP COLORADO

Training Complete

You are equipped to conduct fair, impartial, and legally compliant Title IX investigations at KIPP Colorado.

Retain this training record for 7 years | Post publicly per policy Section 15(e)

34 C.F.R. Part 106 (eff. Aug. 14, 2020) | KIPP Colorado Title IX Policy | This training does not constitute legal advice.