REQUIRED TITLE IX TRAINING

Appeals Panel Member Training

KIPP Colorado Public Schools | Title IX Sexual Harassment Policy and Procedures, Section 14

• Legal framework, definitions, scope & due process rights
• Conflicts of interest, bias, grounds & standards of review
• Timelines, equal communication & privileged evidence
• Impartiality, sex stereotypes & writing defensible decisions

Prepared for Appeals Panel members, alternates, and Title IX Coordinator staff

WHY THIS TRAINING IS REQUIRED

LEARNING OBJECTIVES

Policy Section 14 requires anyone who will serve on an Appeals Panel to receive basic Title IX training PLUS advanced training “as applicable” on every topic below — not only the topics that feel appeal-specific. By the end of this session you will be able to:

1

Explain the current federal legal framework and KIPP's reporting obligations.

2

Locate the Appeals Panel's role within KIPP's full grievance process.

3

Apply the three permitted grounds for appeal and only those three.

4

Follow every appeal deadline and required action in Sections 8 & 8.1.

5

Identify privileged or irrelevant evidence, including prior sexual behavior.

6

Demonstrate impartiality and recognize sex-based stereotypes and prejudgment.

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BASIC TITLE IX TRAINING · TOPIC 1 OF 2

LEGAL & REGULATORY FOUNDATION

What the law requires

• Title IX of the Education Amendments of 1972 prohibits sex discrimination, including sexual harassment, in any education program or activity receiving federal funds.
• KIPP's policy also enforces Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act, and extends to conduct based on sexual stereotypes, sexual orientation, and transgender status.
• Every KIPP team member must report known allegations, or information reasonably believed to constitute sexual harassment, to the Title IX Coordinator.

CURRENT REGULATORY STATUS

The 2020 Title IX regulations (34 C.F.R. §§106.8, 106.30, 106.44, 106.45 & 106.71) are the regulations currently in force and are the legal basis for this policy.

A 2024 rewrite was issued but was vacated by federal courts; the U.S. Department of Education reverted enforcement to the 2020 rule in 2025.

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BASIC TITLE IX TRAINING · TOPIC 2 OF 2

WHERE THE APPEALS PANEL FITS

The full KIPP grievance process — the Panel enters only at the final step.

Report &

Notice

§4–§5

→

Supportive

Measures

§6.1

→

Formal

Complaint

§7

→

Investigation

§7.5–§7.10

→

Investigative

Report

§7.12

→

Determination

§7.14

→

Appeal

§8–§8.1

The Panel's scope is narrow — by design

• The Panel does not re-investigate, re-interview witnesses, or hear live testimony. KIPP does not conduct live hearings under this policy (§7.11).
• The Panel reviews the existing record: the notice of appeal, both Parties’ written statements, the formal complaint, and either the summary dismissal or the investigative report and determination.
• The Panel's only question is whether one of the three permitted grounds for appeal is met, not whether the Panel would have decided the underlying case differently (unless a clear error impacted the outcome).

4

FOUNDATIONAL CONCEPTS

CORE ROLES & STANDARDS YOU MUST APPLY

Complainant

The person alleged to be the target of the conduct, including a possible complainant identified by a third party.

Respondent

The individual alleged to have engaged in sexual harassment.

Presumption of innocence

The Respondent is presumed not responsible for sexual harassment at the outset of every investigation.

Preponderance of the evidence

The standard of proof: a violation is established only if it is more likely than not to have occurred.

Decision-Makers

The people who assess evidence and determine responsibility. They may not also serve as Title IX Coordinator, Investigator, or Appeals Panel member.

Appeals Panel

May not include the Title IX Coordinator, Investigator, or a Decision-Maker, or anyone with a conflict of interest or bias.

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BASIC TITLE IX TRAINING · SUBSTANTIVE DEFINITIONS

DEFINITIONS OF SEXUAL HARASSMENT

Section 18(j) — KIPP's policy prohibits conduct that falls into any of four categories.

i

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.

ii

Employee Misconduct Involving a Student

Conduct by a KIPP team member that constitutes sexual misconduct involving a student.

iii

Hostile Environment

Conduct by anyone that is unwelcome and that a reasonable person would find so severe, pervasive, and objectively offensive that it denies equal access to employment or to KIPP's education program.

iv

Sexual Violence

Conduct by anyone that constitutes sexual assault, dating violence, domestic violence, or stalking toward a KIPP employee or student.

DEFINING CONSENT §18(k)

• Active, informed, knowing, and voluntary; never passive
• “No means no” and “nothing means no”; silence is not consent
• Must be given immediately before or during the activity
• Can be withdrawn at any time if clearly communicated

Not sexual harassment: legitimate nonsexual touching (e.g., a coach's congratulatory hug) unless the circumstances give it a sexual connotation.

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BASIC TITLE IX TRAINING · SUBSTANTIVE DEFINITIONS

SCOPE: KIPP'S EDUCATION PROGRAM OR ACTIVITY

Section 18(g) — the policy only reaches conduct within this defined scope.

What counts

• All KIPP Colorado school campuses
• The KIPP Colorado Home Office
• Any other location, event, or circumstance in which KIPP exercises substantial control over both the Respondent and the context in which the alleged conduct occurred

Why this matters on appeal

• An Investigator must find the conduct occurred within this scope before proceeding past summary dismissal (§7.4).
• If a Party argues the underlying process misapplied this scope, treat it as a potential procedural irregularity that can support Ground (a). It is not a separate, fourth ground.
• Off-campus or online conduct can still count if KIPP exercised substantial control over the Respondent and the setting.

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BASIC TITLE IX TRAINING · SUBSTANTIVE DEFINITIONS

DUE PROCESS RIGHTS & PROCEDURAL RULES

Use this as a checklist when reviewing the record for a Ground (a) procedural irregularity.

✓

Presumption & burden of proof — The Respondent was presumed not responsible, and the preponderance-of-the-evidence standard was applied throughout (§7.3).

✓

Complete written notice — Notice included: conduct detail, presumption-of-innocence statement, advisor rights, evidence-inspection rights, and the false-evidence prohibition (§7.7).

✓

Opportunity to present evidence — Both Parties had 21 days to submit evidence and at least 24 hours' written notice before any investigative meeting (§7.9).

✓

Equal access to the evidence — Both Parties had an equal opportunity to review all evidence, including exculpatory evidence, before the report was finalized (§7.10).

✓

No live hearing required — KIPP does not conduct live hearings under this policy; a live hearing is never a missing procedural step (§7.11).

✓

Right to an advisor — Both Parties had the right to an attorney or non-attorney advisor of their choice throughout the process (§7.7(c)).

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ADVANCED TRAINING · CONDUCTING APPEALS

PANEL COMPOSITION & INDEPENDENCE

Who serves

• In almost all cases, the Appeals Panel is the appropriate Managing Director of School Leadership.
• If the Managing Director of School Leadership cannot serve, the Title IX Coordinator appoints one or more unbiased people from within the KIPP Network.
• A non-voting advisor (e.g., general counsel) may support the Panel, but may never be the Title IX Coordinator, Investigator, or a Decision-Maker.

You may NOT serve if…

• You served as the Title IX Coordinator on this matter.
• You served as an Investigator or Decision-Maker on this matter.
• You were involved in the complaint as a Respondent or witness.
• You have any other conflict of interest, or bias against a Party — or against all complainants or all respondents generally.

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ADVANCED TRAINING · DECISION-MAKING CONDUCT

CONFLICTS OF INTEREST & PERSONAL BIAS

Self-check before you begin

• Do I have any personal, family, financial, or supervisory relationship with either Party?
• Did I have any earlier role in this matter? I.e. as Investigator, Decision-Maker, witness, or Title IX Coordinator
• Do I hold a general view about complainants or respondents as a class that could color my judgment?
• Have I already formed an opinion about the outcome before reading the complete record?

If you answer “yes” to any of these

1

Disclose immediately

Tell the Title IX Coordinator before you open the record or as soon as you recognize the issue.

2

Pause your review

Do not begin or continue reviewing the appeal record while the conflict is unresolved.

3

Step aside if needed

The Title IX Coordinator appoints an unbiased substitute from within the KIPP Network (§18(a)).

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ADVANCED TRAINING · CONDUCTING APPEALS

THE THREE PERMITTED GROUNDS FOR APPEAL

An appeal may proceed ONLY on one or more of these grounds (Section 8). No other basis is valid.

A

Procedural Irregularity

A procedural irregularity affected the outcome of the matter. Not any irregularity, but one that plausibly changed the result.

B

New Evidence

Evidence that was not available at the time of the determination or summary dismissal, and that could affect the outcome.

C

Conflict of Interest or Bias

The Investigator or Decision-Makers had a conflict of interest, or was biased against a Party or against all complainants or all respondents.

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ADVANCED TRAINING · CONDUCTING APPEALS

STANDARDS OF REVIEW, DEFERENCE & REMAND AUTHORITY

What the policy specifies

• Review is limited to the three permitted grounds, it is not a fresh re-determination of responsibility (§8).
• The Panel does not reweigh witness credibility or reopen the record; there is no live hearing to take new testimony (§7.11).
• If the Panel is evenly divided, the original determination or summary dismissal is automatically upheld — the policy provides no separate tie-breaking mechanism (§8.1).

Practice Tip

• For Grounds (a) and (c), evaluate the procedural or objectivity issue on its own merits from the existing record.
• For Ground (b), ask only whether the new evidence was genuinely unavailable earlier and could change the outcome. Do not readjudicate the underlying facts.
• If the record is genuinely insufficient to resolve the appeal, consult the Title IX Coordinator before proceeding. Our policy does not authorize the Panel to order a new investigation on its own.

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ADVANCED TRAINING · CONDUCTING APPEALS

APPEAL TIMELINE & YOUR RESPONSIBILITIES

Step

Timeline

Action

Responsible

Filing

5 calendar days from notice of determination

Party files written notice of appeal on a permitted ground.

Appellant

Notice to Parties

Promptly upon receipt

Decision-Makers notify both Parties (or Complainant, for a dismissal) of the appeal.

Decision-Makers

Party statements

5 calendar days from notice

Either Party may submit a brief written statement and supporting documents.

Parties

Panel formed & record compiled

Concurrent

Appeals Panel receives the notice, statements, complaint, and report/determination.

Decision-Makers

Panel decision

21 calendar days from receiving all required information

Panel reviews the record and issues a written decision with rationale.

Appeals Panel

Notice of decision

Same day as decision

Decision is provided to both Parties simultaneously.

Appeals Panel

Deadlock rule: if the Appeals Panel is evenly divided, the original determination or summary dismissal is upheld.

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ADVANCED TRAINING · CONDUCTING APPEALS

MANAGING TIMELINES & EQUAL COMMUNICATION

Equal treatment, at every step

• Both Parties get the same notice, the same information, and the same 5-calendar-day window to respond (§8.1).
• The written decision is provided to both Parties simultaneously, never to one Party first (§8.1).
• If a summary dismissal is appealed, only the Complainant receives notice and a chance to respond (§8.1).

Extending a deadline

• Any time limit in this process may be extended for good cause shown (§10).
• Document the reason for any extension you grant or receive.
• The Panel may, but is not required to, draw an adverse inference from a Party's refusal to provide requested information (§10).

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ADVANCED TRAINING · CONDUCTING APPEALS

REVIEWING THE RECORD

What is placed before you

• The written notice of appeal
• Both Parties’ written statements (if submitted) and any documents attached to them
• The formal complaint
• Either the summary dismissal, or the investigative report and determination of responsibility

What is outside your role

• Reweighing witness credibility or reopening the investigation
• Conducting a live hearing (not permitted under this policy)

PRACTICE TIP

Read the appeal statement first and identify which of the three grounds is being invoked before you open the underlying report. This keeps your review anchored to the actual question on appeal, rather than to whether you personally agree with the outcome.

If a Party's statement raises facts or arguments outside the three grounds, note that in your written decision but do not treat them as a basis for reversal.

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ADVANCED TRAINING · EVIDENCE

PRIVILEGED & IRRELEVANT EVIDENCE

Section 7.8 — this evidence is neither admissible nor relevant in the process, including on appeal.

Privileged evidence

Information protected by a recognized legal privilege (for example, attorney-client communications) may not be considered, regardless of who offers it or why.

Sexual predisposition or prior sexual behavior

Generally inadmissible and irrelevant, with two narrow exceptions:

• Offered to prove that someone other than the Respondent committed the alleged conduct.
• Offered to prove legally recognized consent.

If a Party's appeal statement relies on evidence of this kind outside those two exceptions, disregard it. Note that it was excluded and why.

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ADVANCED TRAINING · DECISION-MAKING CONDUCT

IMPARTIALITY & AVOIDING PREJUDGMENT

What impartiality requires

• Evaluate the appeal using only the permitted grounds, not your own view of what the outcome should have been.
• Give equal, good-faith consideration to both Parties' statements.
• Disclose any relationship, prior involvement, or personal connection to either Party before reviewing the record.
• Base your written rationale on the record, not on assumptions about who is more likely to be truthful.

Prejudgment warning signs

• Forming a conclusion before finishing the record, or skimming one Party's statement more closely than the other's.
• Weighing the Respondent's or Complainant's role, seniority, or reputation instead of the evidence itself.
• Treating the underlying determination as automatically correct because it already went through investigation.
• Discussing the matter with colleagues outside the process before the decision is finalized.

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ADVANCED TRAINING · DECISION-MAKING CONDUCT

AVOIDING SEX-BASED STEREOTYPES

KIPP training requires avoiding the use of sex stereotypes in every stage of the process, including appeal review.

!

Assuming credibility by gender

Judging a Party more or less believable based on stereotypes about how men or women “typically” behave, report, or react to harassment.

!

Assuming who can be a victim

A person may be sexually harassed by, or accused by, someone of any sex, including their own. Don't assume harassment only flows in one direction.

!

Reading demeanor through a gendered lens

Calm, emotional, assertive, or hesitant demeanor should not be interpreted differently depending on the Party's sex.

!

Substituting stereotype for evidence

“That doesn't sound like something a [man/woman] would do” is never a valid basis for a finding. The record must support every conclusion.

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ADVANCED TRAINING · CONDUCTING APPEALS

WRITING THE APPEAL DECISION

Every written decision must describe the appeal and give the rationale for the outcome (Section 8.1).

1

Identify the Party who appealed and the decision or dismissal being appealed

2

State which ground(s) were raised: (a), (b), and/or (c)

3

Summarize the record reviewed and each Party's statement

4

State the Panel's conclusion on each ground raised, with rationale

5

State the outcome: decision/dismissal upheld, or reversed and returned

6

Note the deadlock rule if applicable, and issue to both Parties simultaneously

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ADVANCED TRAINING · CONDUCTING APPEALS

RATIONALES & CURATIVE INSTRUCTIONS

Writing a defensible rationale

• Tie every conclusion to a specific piece of the record. Avoid conclusory language that doesn't say why.
• Address each ground raised separately, even if the outcome is the same for all of them.
• If you reject new evidence as not “unavailable earlier,” say what in the record shows it was in fact available.
• Note explicitly if a Party raised issues outside the three grounds, and that they were not a basis for the decision.

CURATIVE INSTRUCTIONS — PRACTICE GUIDANCE

• If the Panel reverses or cannot fully resolve the matter on the existing record, state clearly what should happen next: for example, referral back to the Decision-Makers for a specific, limited action.
• Coordinate directly with the Title IX Coordinator to implement any curative step.
• Any curative step should be proportionate, specific, and consistent with the Supportive Measures and Remedies already available under Sections 6.1 and 9.

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ADVANCED TRAINING · ONGOING OBLIGATIONS

CONFIDENTIALITY, ANTI-RETALIATION & RECORDS

§11

Confidentiality

The identities of the reporting party, Complainant, Respondent, and witnesses are not made public except as FERPA, other law, or the investigation/appeal itself requires.

§12

Anti-Retaliation

No one, including a Panel member, may intimidate, threaten, coerce, or discriminate against a person for participating in this process. Retaliation claims are handled separately.

§13

Record Retention

All records generated during the appeal (statements, the compiled record, and the written decision) must be retained for seven years.

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SUMMARY & RESOURCES

You're Ready to Serve

• Only grounds (a), (b), or (c) can support an appeal. Nothing else.
• Know the four harassment definitions and the education-program scope.
• Disclose conflicts and bias immediately, don't self-adjudicate them.
• Every deadline in Sections 8 & 8.1 is a required action, not a guideline.
• Exclude privileged evidence and most prior-sexual-behavior evidence.
• Document your rationale; avoid stereotypes and prejudgment.
• A deadlocked Panel upholds the original decision or dismissal.

QUESTIONS OR CONFLICTS

Title IX Coordinator

Dela Fyfe

Managing Director of Operations & Culture

720-630-3340

dfyfe@kippcolorado.org

Reference documents: Policy Sections 8, 8.1 & 18(a); Exhibits 6 & 7 (Notice of Appeal, Notice to Parties)

KIPP Colorado Public Schools · 25–26 Title IX Sexual Harassment Policy and Procedures