Title IX�Sexual Harassment of Students Regulations and Procedures

Pell City School System

Title IX – Simple Definition

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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…

When should schools respond?

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• ‘Promptly’
• Not in a ‘deliberately indifferent manner’
• ‘actual knowledge’ of ‘sexual harassment’ in an ‘educational program or activity’

Nut Shell Changes From 2020

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• Creation of school based Title IX coordinator in addition to district level. Takes in the formal complaint and offers supportive measures.
• 1. School-based coordinator – handles student to student formal complaints
• 2. District level coordinator – handles employee to student formal complaints

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Nut Shell Continued

• Identification of an Investigator.
• 1. Provides written notice to involved individuals and parents/guardians of investigation and details of the complaint.
• 2. Gathers and reviews evidence.
• 3. Prepares an investigative report
• 4. Has involved individuals and their parents review and respond to the report.
• 5. CAN be the school-based Title IX coord.

Nut Shell part 3

• Identify a Decision-maker.
• 1.Facilitates an opportunity for the involved individuals and their parents to prepare written questions to be answered by the other side.
• 2. Reviews all materials and makes a written responsibility determination.
• 3. CANNOT be the Title IX coordinator or Investigator. May be the principal or highest level school administrator.

Responsibility Determination

• Preponderance of the evidence
• Clear and convincing evidence

What is “Actual Knowledge”?

• When ANY employee…
• Witnesses the conduct
• Hears about the conduct from the alleged victim or anyone else.
• Receives a written report of the conduct from the alleged victim or anyone else.

Defining Sexual Harassment

1. Quid pro quo – favors for favors

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational program or activity.

3. Other conduct defined by federal law (Sexual assault, dating violence, domestic violence, stalking)

“Educational program or activity”

• Locations, events, or circumstances over which a school district exercised substantial control over the alleged perpetrator and the context in which the sexual harassment occurred.
• May be on or off campus. Even a digital platform.

General Requirements of the Grievance Process

• Prompt and equitable resolution
• Treat complainants and respondents equitably.
• No conflicts of interest.
• Include a presumption of innocence for respondents.
• Use a standard of evidence and apply it equally to employee and student complaints.
• Provide all parties (and their parents) an equal opportunity to review any evidence obtained that is directly related to the allegations in the formal complaint.

Who can initiate a formal complaint?

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• The alleged victim or his/her parent or guardian.

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• The Title IX coordinator if the decision is not clearly unreasonable in light of the known circumstances.

PCSS Grievance Process

• PCSS Policy – Prompt and effective resolution and remedial action will take place within 21 calendar days of complaint.
• PCSS Policy - Complaint should be made within 10 calendar days of the incident if possible. (May accept a complaint as long as the student is enrolled in our system.)

Step 1 -- Notice

• Formal Compliant Filed
• Notice provided to known involved individuals, including parents/guardians.
• Written notice – allegations, sufficient detail, identities of the involved individuals, conduct alleged, date and location of incident.
• A copy of the anti-harassment policy

Step 2 - Investigation

• Burden of proof and the burden to gather evidence is on the school district.
• District may not restrict the ability of involved individuals to discuss allegations or gather and present relevant evidence.
• Equal opportunity to present witnesses and evidence.
• Equal opportunity to the involved individuals and their parents to inspect and review evidence and respond prior to completing the investigative report.
• Create an investigative report summarizing relevant evidence, share with involved individuals and parents for review and response.

Step 3 – Decision Making --Questioning

• From the investigator’s report, allow individuals and parent/guardians to submit written, relevant questions to ask the other side (including witnesses).
• BUT decision maker can (with an explanation) exclude a question as irrelevant.
• Provide responses to questions.
• Allow limited additional follow-up questions.

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Step 4 – Decision Making

• Decision maker applies standard of evidence selected by the district.
• Issues a written Responsibility Determination including:
• Allegations
• Procedural steps taken by the school district
• Lays out the responsibility determination including facts, disciplinary sanctions connected to the code of conduct, other remedies.
• Outlines appeal procedures.

Step 5 – Appeal Procedures

• Appeal or dismissal of a formal complaint must be offered if the individual or parents assert:
• Procedural irregularity
• New evidence that may affect the outcome and was not previously available
• Conflict of interest or bias that affected the outcome.
• **** On Appeal – Decision Maker may not be initial Decision Maker, Investigator, or Title IX Coordinator.

Dismissing a Formal Complaint

• Must dismiss if the alleged conduct..
• Would not constitute sexual harassment
• Did not occur in the school district’s educational program or activity
• Did not occur against a person in the United States.
• Discretion to dismiss if…
• Alleged perpetrator is no longer enrolled or an employee.
• Alleged victim and parents/guardians withdraw the formal complaint in writing.
• Specific circumstances prevent the district from gathering evidence sufficient to reach a determination

Recordkeeping

• Seven Years
• Investigation, responsibility determination, appeal, and informal resolutions
• Records of any actions – supportive measures offered,
• Records of professional development training materials.

What else should districts know?

• Exceptions for emergency removal and administrative leave under certain circumstances.
• Informal resolution – May be offered after formal complaint filed.
• Cannot be offered if alleged perpetrator is an employee
• Must have written consent of involved individuals and their parents to enter informal resolution process.
• Anyone may withdraw from the informal process and resume the formal complaint process at any time.

More…

• The district may consolidate formal complaints where the sexual harassment allegations arise out of the same facts/ circumstances
• OCR will be collecting data on sexual harassment and will conduct compliance reviews.