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Aaron Henderson � Compliance Officer

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OBJECTIVES

Understanding:

Reasons to Report

What Should be Reported

How to Report

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IMPORTANCE OF REPORTING

Safety of Students and Staff
Productive Educational and Work Environments
Liability for the District
It’s Your Obligation - Everyone is a Responsible Employee.

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Examples under liability? https://www2.ed.gov/about/offices/list/ocr/newsroom.html#2023

Val Verde Unified School District in California - OCR determined that the District discriminated against students based on sex by failing to respond appropriately under Title IX to notice of sexual harassment. Specifically, OCR found that the District repeatedly failed to address the effects of the sexual harassment on targeted students, to prevent recurrence of harassment on the targeted students, did not take sufficient steps to prevent recurrence of harassment, and failed to provide adequate notice of the investigation outcomes to targeted students and their parents.
Rhinelander School District - When responding to harassment based on gender identity: Based on the evidence in the investigation to date, OCR is concerned that the District response to the persistent harassment limited the student’s participation in school activities. OCR is also concerned that the District records miscoded sex-based harassment, including the use of a slur for gay people, as “peer mistreatment”; did not document the multiple complaints of sex-based harassment brought by the student and their parent; and did not adequately document the District’s responses. Moreover, the District Title IX Coordinator reported that she was unaware of reports of sex-based harassment of the student until after the complainant filed with OCR and therefore had not coordinated a response consistent with Title IX.
Newark Public School District - OCR determined that the district discriminated against students based on sex by failing to respond to incidents of sexual harassment and assault and that it failed to coordinate its responses through its designated Title IX Coordinator. Specifically, OCR found that the Title IX Coordinator did not, and currently does not, coordinate the district’s efforts to comply with its responsibilities under Title IX. Additionally, OCR found that the district failed to investigate confirmed Title IX concerns about employees’ sexually harassing students and deferred its Title IX obligations to respond to such sexual harassment to a state agency for several years without ensuring those obligations were met. OCR further found that the district repeatedly failed to respond to incidents of student-to-student sexual harassment, to address its effect on targeted students, to prevent its recurrence, and to notify the parties of investigation outcomes.
Nash County Public Schools in North Carolina - OCR’s investigation reflects that during the first week of the 2022-2023 school year, an individual posted on social media an anonymous threat of sexual violence against freshman girls at a district high school; and that staff members at the high school were generally aware of potentially harassing social media posts, including posts of a sexual nature, as early as February 2022. Based on its investigation to date, OCR is concerned that the district did not respond as required by Title IX to notice that students at the school may have been sexually harassed in a manner that impeded their access to the school’s education program and activities
Alpine School District in Utah - OCR found that the district failed to appropriately investigate reports of employee-to-student and student-to-student sexual assaults, including after they were reported to law enforcement, leaving affected students without redress. OCR also found that the district failed: to provide interim measures to alleged victims of the assaults; to take effective steps to prevent recurrence of substantiated sexual assaults and to remedy the hostile environment; and to consistently notify students and parents of investigation outcomes. The district also failed to consistently notify students, parents, and employees of its Title IX coordinator, to coordinate its efforts to comply with Title IX through this coordinator, and to adopt compliant grievance procedures.

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LIABILITY

Val Verde Unified School District in California - OCR determined that the District discriminated against students based on sex by failing to respond appropriately under Title IX to notice of sexual harassment.
Newark Public School District - OCR determined that the district discriminated against students based on sex by failing to respond to incidents of sexual harassment and assault and that it failed to coordinate its responses through its designated Title IX Coordinator.
Alpine School District in Utah - OCR found that the district failed to provide interim measures to alleged victims of the assaults; to take effective steps to prevent recurrence of substantiated sexual assaults and to remedy the hostile environment.

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RESPONSIBLE EMPLOYEE

Anytime a responsible employee becomes aware of inappropriate conduct that involves protected class, e.g., race, color, sex, religion, national origin, disability, age, etc., they are required to report it. This is called actual knowledge.

Every Douglas County School District Employee is considered a “responsible employee,” and mandatory reporter.

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WHAT TO REPORT

Harassment and Harassing Conduct:

“Harassment” means unwelcome conduct that is based on a victim’s protected class, e.g., race, color, sex, religion, national origin, disability, age, etc., that interferes with a victim’s educational activities or job duties.

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HOW TO REPORT

To report your actual knowledge of an incident, you may do so online by filling out a Statement of Concern (SOC) via this link:

This link can be found on the Compliance Office’s website.

You can also contact either of us via email or phone.

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DCSD Compliance Officer

DCSD Compliance Officer is:

Aaron Henderson - Compliance Officer
ahenderson1@dcsdk12.org
303-387-0127 (office)
303-726-2811 (cell)

Compliance Investigator (Vacant)

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Questions?

Feel free to email or call us.

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Always Learning…