Jt. Jerome School District No. 261

STUDENTS 3085P

Title IX Sexual Harassment Grievance Procedure, Requirements, and Definitions

Scope of Procedure

This Title IX Grievance Process applies to all members of Jerome Jt. School District’s community, including

students, employees, and Board members as well as District patrons, guests, visitors, volunteers, and invitees.

Purpose of This Policy and Procedure

Jerome Jt. School District is committed to providing a workplace and educational environment, as well as other

benefits, programs, and activities, which are free from sex and gender-based harassment, discrimination, and

retaliation. Accordingly, the District prohibits harassment and discrimination on the basis of sex, sexual

orientation, gender, gender identity, and pregnancy, as well as retaliation against individuals who report

allegations of sex and gender-based harassment and discrimination, file a formal complaint, or participate in a

grievance process.

Students, employees, or other members of the District community who believe that they have been subjected to

sex or gender-based harassment, discrimination, or retaliation should report the incident to the Title IX

Coordinator, who will provide information about supportive measures and the applicable grievance procedure.

Violations of this District procedure or its related policy may result in discipline to either students or employees.

Guiding Principles

Title IX requires school districts to put into place policies and procedures that promote the goal of Title IX,

specifically, to prohibit discrimination based on sex, and to respond appropriately if and when sex discrimination

occurs or may occur. Title IX explains that when an appropriate official at the District has “actual knowledge” of

“sexual harassment” of a student or employee that occurs in one of its educational programs or activities, the

District must respond promptly and in a manner that is not “deliberately indifferent.” This standard does not

require a perfect response; rather, it requires a response that is not “clearly unreasonable” in light of the known

circumstances over which the District exercises control.

Grievance Procedure

1. Receipt of a Complaint, Report, or Information Alleging Sexual Harassment

Upon receipt of a complaint or report (whether verbal or written) of possible sexual harassment, the District

shall first determine whether to initiate a formal or informal response. Thus, any and all complaints, reports,

or information received by any District employee that sexual harassment is occurring or has occurred shall be

immediately forwarded to the District’s Title IX Coordinator or other designated employee for review and

action as appropriate.

The Title IX Coordinator (Coordinator) shall promptly contact the complainant or reporting party and discuss

with them the availability of supportive measures, and will consider the complainant’s wishes with respect to

the provision of supportive measures. The Coordinator shall explain the availability of these measures to the

complainant with or without the filing of a “formal complaint.” During this initial meeting, the Coordinator or

designee shall explain to the complainant the process for filing a written formal complaint, and shall provide

assistance to the complainant to ensure the written formal complaint is properly prepared and submitted.

Emergency Removal (of students): Nothing in this procedure prevents the District from removing a respondent

from a District education program or activity on an emergency basis, provided that an individualized safety

and risk analysis is performed by the Coordinator and Superintendent who determine that an immediate

threat to the physical health or safety of any student or other individual arise from the allegations of sexual

harassment that justify removal. The Coordinator and Superintendent shall provide the respondent with

notice and an opportunity to challenge the decision immediately following the removal. This provision may

not be construed to modify any rights and requirements under the Individuals with Disabilities Education Act,

Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

Administrative Leave (of employees). Nothing in this procedure precludes the District from placing a non-

student employee respondent on administrative leave during the pendency of a grievance investigation under

this procedure. Notwithstanding the above, prior to placing an employee respondent on administrative leave,

the Coordinator or designee shall ensure any rights provided by Section 504 of the Rehabilitation Act of 1973

and/or the Americans with Disabilities Act are not impaired or violated.

2. Providing Supportive Measures

If an informal complaint is filed, (for instance, because the complainant does not wish to file a written formal

complaint,) as well as during the pendency of the investigation and the decision concluding a formal

complaint, the following supportive measures may be implemented to restore or preserve the complainant’s

access to the District’s educational programs without unreasonably burdening the other party (also referred to

herein as respondent).

Supportive measures may include actions taken to protect the safety of all parties or the District’s educational

environment, or which otherwise deter sexual harassment from occurring in the future. Additional supportive

measures may include, but are not limited to: counseling, the availability of a safe place or person in the event

complainant feels threatened or uncomfortable, extensions of deadlines or other course-related adjustments,

modifications of work or class schedules, escort services at school, mutual restriction of contact between the

parties, changes in work locations, leaves of absence, increased security and/or monitoring of locations where

prohibited conduct has occurred or may occur in the future, as well as additional measures to protect the

complainant, provided the supportive measures initiated are not punitive to the respondent.

3. Filing a Written Formal Complaint

Upon receipt of a written formal complaint, the Coordinator or designee is required to provide written notice

to all known complainants and respondents of the allegations and the resulting investigation.

A. General Notice Requirements: The notice will include the District’s Title IX grievance process as well

as information regarding the District’s informal resolution process.

B. Specific Notice Requirements: The written notice shall include the following information:

i. Information describing the alleged conduct potentially constituting sexual harassment,

including sufficient details known at the time the notice is prepared to allow the parties to

prepare a response prior to the investigator’s initial interview, and shall be delivered to the

parties in enough time to allow their preparation for the initial interview.

ii. Sufficient details include but are not limited to the identities of the parties involved, the

conduct allegedly constituting sexual harassment, the date(s), and location(s) of the

incident(s).

iii. A statement that the respondent is presumed to not be responsible for the alleged conduct,

and that a determination of responsibility will not be made until the conclusion of the

grievance process.

iv. A statement informing the parties that they are entitled to have an advisor or representative

of their choosing who may be, though is not required to be, an attorney, and that the

advisor is authorized to review all evidence submitted in the matter.

v. The notice must inform the parties that District policy and procedure prohibit knowingly

making false statements or knowingly submitting false information to the investigator or at

any other time during the grievance process.

vi. The notice must warn the parties that retaliation is prohibited. Accordingly, the parties must

by informed that no District employee or other person may intimidate, threaten, coerce, or

discriminate against any individual for the purpose of interfering with any right or privilege

secured by Title IX or this procedure, or because the individual has made a report or

complaint, testified, assisted, or participated or refused to participate in any manner in an

investigation, proceeding, or hearing under this procedure. Retaliation includes

circumstances where intimidation, threats, coercion, or discrimination are made for the

purpose of interfering with any right or privilege secured by Title IX or this procedure. This

includes threatening charges against an individual for code of conduct violations that do not

involve sex discrimination or sexual harassment, but arise out of the same facts or

circumstances as a report or complaint of sex discrimination, or a report or formal complaint

of sexual harassment. The District shall keep confidential the identity of:

a. Any individual who has made a report or complaint of sex discrimination, including

any individual who has made a report or filed a formal complaint of sexual

harassment;

b. Any complainant;

c. Any individual who has been reported to be the perpetrator of sex discrimination;

d. Any respondent; and

e. Any witness

Except:

a. As may be permitted by FERPA ( 20 U.S.C. § 1232g) or a FERPA regulation (34 CFR Part 99);

b. As required by law; or

c. To carry out the purposes of this procedure, including the conduct of any

investigation, hearing, or judicial proceeding arising thereunder.

Complaints alleging retaliation may be filed as an additional charge or counter-charge under

these procedures.

C. Additional Charges: If, during the course of the investigation, it is determined based on the

information gathered that additional allegations or charges are warranted, an amended notice shall

be prepared and submitted to the parties including the new allegations and charges as appropriate.

D. Consolidation: The Coordinator may consolidate two or more formal complaints into a single action

provided that the allegations of sexual harassment and retaliation arise out of a common set of facts

or circumstances and if in the course of an investigation, it is determined that:

i. There is more than one respondent and/or more than one complainant; or

ii. There are cross-complaints, or additional complaints raised by the original complainant

against the original respondent (such as retaliation), or by the respondent against any other party.

4. Conduct of the Investigation, Informal Resolution

In the course of their investigation, the District’s Coordinator and designees shall comply with the following

requirements.

Investigation

A. Burden of Investigation: The burden of gathering evidence sufficient to make a determination of

responsibility is the responsibility of the District’s investigator(s) and not the parties. However, the

District’s investigator is not authorized to access a party’s records that are made or maintained by a

health care provider such as a physician, psychiatrist, psychologist, or other recognized health care

provider, if the record was made in the course of providing treatment to the party, unless and until

written consent from an authorized person is provided to obtain such privileged records for purposes

of investigating and resolving the allegations of the formal complaint.

B. Evidence Offered by Parties: The parties shall be provided an equal opportunity to call witnesses,

including fact and expert witnesses, as well as other inculpatory and exculpatory evidence.

C. No Restrictions: The ability of the parties to discuss the allegations under investigation or to gather

and present evidence shall not be restricted.

D. Equal Representation Rights: All parties shall have the same opportunity to have others present, or to

be represented by the advisor of their choice throughout the grievance process, including attendance

at related meetings or proceedings. If the District limits access to representation in any way at any

time during the proceedings, such limitation shall be equally applied to all parties in the same

manner. Access to representation may be limited only where a party is already represented as

authorized by this procedure, and the additional representation will unduly increase the cost to the

parties, and/or will not otherwise serve to significantly promote a legitimate purpose under this

procedure.

E. Notice of Interviews and Hearings: Adequate notice of the purpose, date, time, place, and the

identities of all participants involved shall be provided to any party whose participation at a hearing,

interview, or meeting is invited or expected, and allowing sufficient time for the party to prepare and

fairly participate.

F. Evidentiary Considerations: The investigation shall not consider:

i. Incidents not directly related to the possible violation, unless they evidence a pattern;

ii. The character of the parties; or

iii. Questions and evidence about the complainant’s sexual predisposition or prior sexual

behavior, unless such questions and evidence about the complainant’s prior sexual

behavior are offered to prove that someone other than the respondent committed the

conduct alleged, or if the questions and evidence concern specific incidents of the

complainant’s prior sexual behavior with respect to the respondent and are offered to

prove consent.

G. Right to Inspect Evidence: All parties shall be provided equal access to inspect and review any or all

evidence gathered during the investigation related to the allegations of the formal complaint,

whether or not relied upon or referred to in the investigator’s report. This will ensure that the parties

can respond to the evidence prior to the conclusion of the investigation. Prior to completion of the

investigation report, the investigator shall provide the parties and their respective advisors, when

advisors are identified, a secured electronic or hard copy of the evidence subject to inspection. The

parties must have at least ten business days to submit a written response which the investigator shall

consider prior to completion of the investigative report. All such evidence shall be made available to

all parties at any hearing to give the parties equal opportunity to refer to such evidence during the

hearing, including cross-examination of adult parties.

H. Investigative Report: At least ten business days prior to a hearing, or other time of determination

regarding responsibility, the investigator shall send to all parties and their advisors, if any, by

electronic format or hard copy, a copy of the investigative report for the parties’ review and written

response. The parties’ responses shall be made part of the record.

Informal Resolution: The informal resolution process may include mediation, or other meeting of the parties

that does not involve a full investigation and adjudication of the complaint. The District may not require the

parties to participate in an informal resolution process. Informal resolution is available only if a written formal

complaint was submitted to the Coordinator. If these conditions are satisfied, then at any time during the

course of an investigation, but prior to the time of the Decision-Maker’s final determination of responsibility,

the parties may request the Coordinator to initiate the informal resolution by process. In so doing, the

Coordinator is required to comply with the following:

A. Provide the parties with written notice informing them of the allegations at issue and the

requirements of the resolution process. These requirements include the fact that a written

agreement signed by the parties that resolves the allegations at issue will preclude the parties from

resuming the formal complaint process that arose from the same allegations. The parties will also be

informed that at any time prior to reaching a resolution, any party has the right to withdraw from the

informal resolution process and resume the grievance process with respect to the formal complaint,

and will be notified that the records submitted or discussed during the informal process will be

maintained by the District as part of the record, and may be used by the Decision-Maker to

determine responsibility.

B. Require the parties submit voluntary, written consent to participate in the informal resolution

process.

C. Ensure that the informal resolution process is not made available to resolve allegations that an

employee sexually harassed a student.

D. An informal resolution, signed and agreed to by the parties thereto, is not appealable.

Dismissal of a Formal Complaint: A written formal complaint may be dismissed by the Coordinator under any

of the following circumstances, and prior to a finding of responsibility:

A. After investigating the allegations of the written formal complaint, dismissal is required if:

i. The Coordinator or designee determines that the conduct alleged in the complaint, even if

proven, would not constitute sexual harassment as defined herein; or

ii. The alleged conduct did not occur in a District education program or activity; or

iii. The alleged conduct did not occur against a person in the United States.

Dismissal of the Title IX formal complaint, however, does not preclude action under another provision of the District’s Code of Conduct or other District Policy.

B. If the Complainant notifies the Coordinator in writing that he or she would like to withdraw the

formal complaint or any allegations contained therein.

C. If the respondent is no longer enrolled or employed by the District.

D. If specific circumstances exist which prevent the investigator from gathering evidence sufficient to

reach a determination regarding the merits of the formal complaint or allegations therein.

Upon dismissing a formal complaint, the Coordinator shall simultaneously inform the parties in writing that

the complaint has been dismissed, and shall identify the reason(s) for the dismissal. This decision may be

appealed in accordance the Appeals portion of this procedure, below.

5. n-Maker’s Participation

If the matter is not dismissed for one of the reasons set forth above and is not resolved by the parties through

the informal resolution process then, (following completion of the investigation, including issuance of the

investigator’s final investigation report,) the matter shall be submitted to the Decision-Maker for review and

issuance of a determination of responsibility. The Decision-Maker cannot make a determination regarding

responsibility until ten business days after the date the final investigation report is transmitted to the parties

and the Decision-Maker, unless all parties and the Decision-Maker agree to an expedited timeline.

The Coordinator shall designate a three-member panel, and inform the parties and their advisors.

The Decision-Maker(s) may not have had any previous involvement with the investigation. Those who have

served as investigators in the investigation cannot serve as Decision-Makers. Those who are serving as

advisors for any party cannot serve as Decision-Makers in that matter. The Coordinator is also prohibited from

serving as a Decision-Maker in the matter.

All objections to any Decision-Maker must be raised in writing. Any written objection must detail the rationale

for the objection and must be submitted to the Coordinator no later than two business days after being

notified of the Decision-Maker’s identity. Decision-Makers shall not be removed unless the Coordinator

concludes that the Decision-Maker’s bias or conflict of interest precludes a fair and impartial consideration of

the evidence.

The Coordinator shall give the Decision-Maker(s) a list of the names of all parties, witnesses, and advisors.

Upon review thereof, if any Decision-Maker believes they cannot make an objective determination, they must

recuse themselves from the proceedings. If a Decision-Maker is unsure whether a bias or conflict of interest

exists, they shall immediately disclose their concern(s) to the Coordinator and simultaneously inform the

parties and their advisors.

No less than ten business days prior to any meeting or the decision-making phase of the process, the

Coordinator or the Decision-Maker shall send notice to all parties. Once mailed, emailed, or received in-

person, Notice will be presumptively delivered.

The Notice shall contain the following:

A. A description of the alleged violation(s), a list of all policies allegedly violated, a description of the

applicable procedures, and a statement of the potential sanctions that could result.

B. The time, date, and location of any meeting.

C. Any technology that will be used to facilitate the meeting.

D. The name and contact information of the Decision-Maker, along with an invitation to object to any

Decision-Maker on the basis of demonstrated bias. Such objections must be raised with the

Coordinator at least two business days prior to the meeting.

E. Information on whether the meeting will be recorded and, if so, information on access to the

recording for the parties after the meeting.

F. A statement that if any party does not appear at the scheduled meeting, the meeting will only be

rescheduled for compelling reasons.]

G. Notification that the parties may have the assistance of an advisor of their choosing at the meeting.

H. A copy of all the materials provided to the Decision-Maker(s) about the matter.

I. An invitation for the parties to review and submit a written response to the final investigation report

within seven business days of the date of the notice.

J. An invitation to each party to submit to the Decision-Maker any written, relevant questions they

want the Decision-Maker to ask of any other party or witness within seven business days of the date

of the notice.

K. An invitation to each party to submit to the Decision-Maker an impact statement, pre-meeting, that

the Decision-Maker will review during any sanction determination.

6. Decision invitation to contact the Coordinator to arrange any disability accommodations, language

assistance, and/or interpretation services that may be needed at any meeting or in the decision-making

process, at least seven business days prior to the meeting/final determination.

L. Whether parties can or cannot bring mobile phones or devices into the meeting.

Meetings for possible violations that occur near or after the end of a school year, assuming the respondent is

still subject to Policy 3085 and Procedure 3085P, and are unable to be resolved prior to the end of the school

year will typically be held as soon as possible given the availability of the parties, but no later than

immediately upon the start of the following school year. The District will implement appropriate supportive

measures intended to correct and remediate any hostile environment while the resolution is delayed.

A. Evidentiary Consideration by the Decision-Maker: Whether at a hearing or through an exchange of

questions, only relevant, credible evidence will be admitted into evidence and considered by the

Decision-Maker. Any evidence that the Decision-Maker(s) determine(s) is relevant and credible may

be considered. The Decision-Maker will not consider:

i. Incidents not directly related to the possible violation, unless they evidence a pattern;

ii. The character of the parties; or

iii. Questions and evidence about the complainant’s sexual predisposition or prior sexual

behavior, unless such questions and evidence about the complainant’s prior sexual behavior

are offered to prove that someone other than the respondent committed the conduct

alleged, or if the questions and evidence concern specific incidents of the complainant’s

prior sexual behavior with respect to the respondent and are offered to prove consent.

Previous disciplinary action of any kind involving the respondent may be considered in determining

an appropriate sanction upon a determination of responsibility. This information may only be

considered at the sanction stage of the process and cannot be shared with the Decision-Maker until

that time.

The parties may each submit a written impact statement for the consideration of the Decision-

Maker(s) at the sanction stage of the process when a determination of responsibility is reached.

B. Hearing Procedure and Exchange of Questions Procedure: At the time the matter is referred to the

Decision-Maker(s), the Coordinator shall determine, based on the parties involved and the

circumstances of the alleged sexual harassment, whether to hold a hearing or to initiate an exchange

of questions procedure, and shall so inform all parties and their advisors. Both of these decision-

making procedures are discussed below. Upon their selection, the Decision-Maker(s) shall review the

evidence and issue a determination of responsibility based on the following circumstances and

procedures.

C. Exchange of Questions Procedure: Where a party involved is an elementary student, or where the

Coordinator otherwise determines that a hearing is not appropriate under the circumstances, the

Coordinator will initiate the Exchange of Questions Procedure, which provide as follows.

After the Coordinator or designee has submitted the investigative report to the parties pursuant to

this procedure and before reaching a determination regarding responsibility, the Decision-Maker(s)

shall provide each party an opportunity to submit written, relevant questions that party desires to ask

of any party or witness, and shall subsequently provide each party with the answers. The Decision-

Maker will also allow for additional, limited follow-up questions from each party to the other, and

provide both with complete copies of the answers. Upon receipt of the proposed questions, the

Decision-Maker will review the proposed questions and determine which questions will be permitted,

disallowed, or rephrased. The Decision-Maker shall limit or disallow any questions that are irrelevant,

repetitive (and thus irrelevant), or abusive. The Decision-Maker shall have full authority to decide all

issues related to questioning and determinations of relevance. The Decision-Maker may ask a party to

explain why a question is or is not relevant from their perspective. The Decision-Maker shall explain

any decision to exclude a question as not relevant or to reframe it for relevance. Whether a hearing is

held or not, questions and evidence about the complainant’s sexual predisposition or prior sexual

behavior are not relevant:

i. Unless such questions and evidence about the complainant’s prior sexual behavior are

offered to prove that someone other than the respondent committed the conduct alleged by

the complainant; or

ii. If the questions and evidence concern specific incidents of the complainant’s prior sexual

behavior with respect to the respondent and are offered to prove consent. This basis for

asking questions or presenting evidence shall not be allowed if the respondent is an adult,

non-student employee, because consent is not a recognized defense in cases where the

complainant is a student and the respondent is an employee.

The Decision-Maker, after any necessary consultation with the parties, investigator(s), and/or

Coordinator, shall provide the parties and witnesses with:

i. The relevant written questions to be answered; and

ii. A deadline for the parties and witnesses to submit written responses to the questions and

any appropriate follow-up questions or comments by the parties.

The exchange of questions and responses by the parties and witnesses shall be concluded within a

seven business day period.

D. Hearing procedure: Where both parties are adult employees, or a mature secondary school student,

the Coordinator may initiate the live Hearing Procedure. If either party, however, objects and

requests the Exchange of Questions Procedure, then the Exchange of Questions procedure shall be

followed by the Decision-Maker(s). The Hearing Procedure shall include the following:

At the live hearing, the decision maker(s) must permit each party’s advisor to ask the other party and

any witnesses all relevant questions and follow-up questions, including those challenging credibility.

Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the

party’s advisor of choice and never by a party personally, notwithstanding the discretion of the

District to restrict the extent to which advisors may participate in the proceedings, as long as the

restrictions apply equally to all parties. At the request of either party, the District must provide for

the live hearing to occur with the parties located in separate rooms with technology enabling the

decision-maker(s) and parties to simultaneously see and hear the party or the witness answering

questions. Only relevant cross-examination and other relevant questions may be asked of a party or

witness. Before a complainant, respondent, or witness answers a cross-examination or other

question, the decision-maker(s) must first determine whether the question is relevant and explain

any decision to exclude a question as not relevant. If a party does not have an advisor present at the

live hearing, the District shall provide without fee or charge to that party, an advisor of the District’s

choice to conduct cross-examination on behalf of that party. The advisor may be, but is not required

to be, an attorney.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are

not relevant, unless:

i. Such questions and evidence about the complainant’s prior sexual behavior are offered to

prove that someone other than the respondent committed the conduct alleged by the

complainant; or

ii. If the questions and evidence concern specific incidents of the complainant’s prior sexual

behavior with respect to the respondent and are offered to prove consent.

In cases where both parties are 18 or older, if a party or witness does not submit to cross-

examination at the live hearing, the Decision-Maker(s) is prohibited from relying on any statement of

that party or witness in reaching a determination regarding responsibility. However, that the

Decision-Maker(s) cannot draw an inference about the determination regarding responsibility based

solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination

or other questions. Live hearings pursuant to this paragraph may be conducted with all parties

physically present in the same geographic location or, at the District’s discretion, any or all parties,

witnesses, and other participants may appear at the live hearing virtually, with technology enabling

participants to simultaneously see and hear each other. The District shall create an audio or

audiovisual recording, or transcript, of any live hearing and make it available to the parties for

inspection and review.

At the hearing, the Decision-Maker shall have the authority to hear and make determinations on all

allegations of Title IX sexual harassment and may also hear and make determinations on any

additional alleged violations of policy or procedure that have occurred in concert with the Title IX

sexual harassment, even though those collateral allegations may not specifically fall within the

definition of sexual harassment set for in these procedures.

Any witness scheduled to testify before the Decision-Maker must have been first interviewed by the

investigator(s), or have proffered a written statement or answered written questions], unless all

parties and the Decision-Maker agree to the witness’s participation.

If the parties and Decision-Maker do not agree to the admission of evidence newly offered at the

hearing, the Decision-Maker may delay the meeting and instruct that the investigation needs to be

re-opened to consider that evidence.

If the parties raise an issue of bias or conflict of interest of an investigator or Decision-Maker at the

hearing, the Decision-Maker may elect to address those issues, consult with legal counsel, and/or

refer them to the Coordinator, and/or preserve them for appeal. If bias is not in issue during the

hearing, the Decision-Maker shall not permit irrelevant questions regarding bias.

7. Decision Making Process and Determination Requirements

Following its review of the evidence submitted by the investigator and the parties, the Decision-Maker, (who

cannot be the Coordinator) shall issue a written determination of responsibility. To reach this determination,

the District’s burden of proof, preponderance of the evidence —must be described, and the burden satisfied,

before the respondent can be found responsible for sexual harassment in violation of Title IX.

The written determination of responsibility shall include the following information:

A. Identification of the allegations potentially constituting sexual harassment in violation of Title IX.

B. A description of the procedural steps taken from receipt of the written formal complaint through the

determination, including notifications to the parties, interviews of the parties and witnesses, site

visits, methods used to obtain other evidence, and hearings used.

C. Findings of fact supporting the determination.

D. Conclusions regarding application of the District’s code of conduct to the facts.

E. A statement of and rationale for the determination as to each allegation, including any determination

regarding responsibility, any disciplinary action to be imposed on the respondent, and identification

of remedies and measures, if any, that will be provided to restore or preserve equal access to the

District’s educational programs and activities to be provided to the complainant.

F. Considerations for disciplinary action. Factors considered when determining discipline may include,

but are not limited to:

i. The nature, severity of, and circumstances surrounding the violation(s);

ii. The respondent’s disciplinary history;

iii. Previous allegations or allegations involving similar conduct;

iv. The need for discipline to bring an end to the Title IX sexual harassment;

v. The need for discipline to prevent the future recurrence of Title IX Sexual harassment;

vi. The need to remedy the effects of the Title IX sexual harassment;

vii. The impact on the parties; and

viii. Any other information deemed relevant by the decision-maker(s)

G. The discipline imposed shall be implemented as soon as is feasible, either upon the outcome of any

appeal or upon the expiration of the window to appeal if no appeal is requested. The sanctions

described in this process are not exclusive of, and may be in addition to, other actions taken or

sanctions imposed by external authorities.

H. Identification of the procedures for filing an appeal and the permissible grounds for complainant or

respondent to base their appeal.

The Decision-Maker shall simultaneously provide their written determination to all parties. The determination

becomes final either, (where an appeal is filed,) on the date the parties are provided copies of the written

determination of the result of the appeal; or, (if no appeal is filed,) the date on which an appeal would no

longer be considered timely.

The Coordinator is responsible for the effective implementation of any and all remedies set forth in the

written determination of responsibility. In the event a student expulsion is recommended, pursuant to and in

accordance with the requirements of Idaho Code § 33-205, the Coordinator shall ensure that an expulsion

hearing is scheduled and heard by the Board of Trustees.

8. Appeals

Any party may file a request for appeal in writing with the Coordinator within seven business days of the

delivery of the notice of a final decision.

A three-member appeal panel chosen from the pool of eligible members shall be designated by the

Coordinator. No [appeal panelists will have been involved in the process previously, including any

dismissal appeal that may have been heard earlier in the process. A voting chair of the appeal panel shall

be designated.

The request for appeal shall be forwarded to the appeal chair for consideration to determine whether the

request meets the grounds for appeal. This review is not a review of the merits of the appeal, but solely a

determination as to whether the request meets the grounds and is filed in a timely manner.

Appeals shall be limited to the following grounds:

A. Procedural irregularity that affected the outcome of the matter;

B. New evidence that was not reasonably available at the time the determination regarding

responsibility or dismissal was made, that could affect the outcome of the matter;

C. The Coordinator, investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or

against complainants or respondents generally or the specific complainant or respondent that

affected the outcome of the matter;

Appeal procedure: Upon receipt of a valid appeal, the Coordinator shall:

A. Notify the other party in writing that an appeal has been filed, and implement the appeal procedure

fairly and equally for both parties.

B. Ensure the appeal decision-maker(s) is not:

i. The same person(s) as the Decision-Maker(s) that issued the written determination of

responsibility;

ii. The person who issued the dismissal;

iii. The investigator; or

iv. The Coordinator.

C. Ensure the appeal decision-maker has been trained in accordance with the requirements of this

grievance procedure.

D. The appealing party shall have ten business days following the delivery of the notice of the appeal to

submit a written statement in support of the appeal and challenging the outcome. The responding

party shall have ten business days following the delivery of the appealing party’s statement in

support of appeal to submit the responding party’s written statement in opposition to the appeal

(and supporting the outcome that is the subject of the appeal). In the event the parties and the

appeal decision-maker agree to a different briefing schedule (whether allowing more or less time),

the time allowed to prepare a written statement shall be the same for all parties.

E. Issue a written decision describing the result of the appeal and identifying the bases and rationale for

the decision.

F. Provide the written decision simultaneously to all parties.

Requirements of the Title IX Grievance Procedure

The following requirements apply to the conduct of the Title IX Grievance procedure set forth above.

1. Equitable treatment of the parties: At all times, both complainants and respondents shall be equitably

treated by providing remedies to a complainant until a determination of responsibility for sexual

harassment has been made against the respondent. No sanction or discipline may be imposed against the

respondent unless and until the process required by this procedure has been completed. Until a final

determination of responsibility has been issued only “supportive measures” may be initiated that are non-

disciplinary or non-punitive and avoid burdening the respondent. Any and all final remedies, however,

must be designed to restore or preserve equal access to the District’s education program or activity. Such

remedies may include the same individualized services described as ‘‘supportive measures;’’ however,

following the decision, such remedies need not be non-disciplinary or non-punitive and need not avoid

burdening the respondent

2. Objective evaluation of the evidence: The formal grievance process involves an objective evaluation of all

relevant evidence obtained, including evidence that supports the conclusion the respondent engaged in a

violation of policy or procedure and evidence that supports the conclusion the respondent did not.

Credibility determinations may not be based solely on an individual’s status or participation as a

complainant, respondent, or witness.

3. Lack of bias: Any individual materially involved in the administration of the formal grievance process

including the Coordinator, investigator(s), decision-maker(s) and appeal decision-maker(s) may neither

have nor demonstrate a conflict of interest or bias for a party generally, or for a specific complainant or

respondent.

4. Title IX training of District participating staff: Any individual designated by the District as a Coordinator,

investigator, decision-maker, or any person designated by the District to facilitate an informal resolution

process, cannot have a conflict of interest or bias for or against complainants or respondents generally, or

against any individual complainant or respondent. The District shall ensure that Coordinators,

investigators, decision-makers, and any person who facilitates an informal resolution process, receives

training on the definition of “sexual harassment” set forth in this procedure, the scope of the District’s

education program or activity, how to conduct an investigation and grievance process including hearings,

appeals, and informal resolution processes, as applicable, and how to serve impartially, including by

avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The District shall ensure that

Decision-Makers receive training on any technology to be used at a live hearing and on issues of relevance

of questions and evidence, including when questions and evidence about the complainant’s sexual

predisposition or prior sexual behavior are not relevant, as required by this procedure. The District shall

also ensure that investigators receive training on issues of relevance to create an investigative report that

fairly summarizes relevant evidence, as set forth in this procedure. All materials used to train

Coordinators, investigators, decision-makers, and any persons facilitating an informal resolution process,

shall not rely on stereotypes based on gender, and must promote impartial investigations and

adjudications of formal complaints of sexual harassment, and provide guidance therefor.

5. Presumption of innocence: The District presumes that the respondent is not responsible for the reported

misconduct unless and until a final determination is made, in accordance with this procedure, that Policy

3085 or procedure 3085P prohibiting sex discrimination and sexual harassment has been violated.

6. Promptness: Investigations are completed promptly, normally within 30 business days, though some

investigations may take longer, depending on the nature, extent, and complexity of the allegations;

availability of witnesses; police involvement; and other factors.

The District shall make a good faith effort to complete the investigation as promptly as possible and will

communicate regularly with the parties to update them on the progress and timing of the investigation.

Notwithstanding the above, The District may undertake a delay in its investigation, lasting from several

days to a few weeks, if circumstances require. Such circumstances include but are not limited to a request

from law enforcement to temporarily delay the investigation, the need for language assistance, the

absence of parties and/or witnesses, and/or a need for accommodations for disabilities or health

conditions.

The District shall communicate in writing the anticipated duration of the delay and the reason for it to the

parties and provide the parties with status updates if necessary. The District will promptly resume its

investigation and formal grievance process as soon as feasible. During such a delay, the District will

implement supportive measures as deemed appropriate.

District action(s) or processes may be delayed, but are not stopped by, civil or criminal charges involving

the underlying incident(s). Dismissal or reduction of those criminal charges may or may not impact on the

District’s action(s) or processes.

7. Description of sanctions. The following describes the range of sanctions that may be implemented

following a finding of responsibility.

Student Discipline: The following are the usual sanctions that may be imposed upon students singly or in

combination:

A. A warning;

B. Required counseling;

C. A required substance abuse treatment program;

D. Exclusion from participating in extracurricular activities or other District programs/activities;

E. Alternative placement;

F. Suspension, which may be in-school, out-of-school, long-term, short-term, extended, or other

suspensions;

G. Expulsion (in compliance with I.C. § 33-205); and

H. Other actions: In addition to or in place of the above sanctions, the District may assign any other sanctions deemed appropriate.

Employee Sanctions: Sanctions for an employee may include:

A. A verbal or written warning;

B. A performance improvement plan or management process;

C. Enhanced supervision, observation, or review;

D. Required counseling;

E. Required training or education;

F. Probation;

G. Denial of pay increase or pay grade;

H. Loss of oversight or supervisory responsibility;

I. Demotion;

J. Transfer;

K. Reassignment;

L. Assignment to a new supervisor;

M. Restriction of professional development resources;

N. Suspension with pay;

O. Suspension without pay;

P. Termination (in compliance with I.C. § 33-513(5), in the case of certificated employees);

Q. Other actions: In addition to or in place of the above sanctions, the District may assign any other sanctions as deemed appropriate.

8. Burden of proof. When determining whether the respondent is responsible for violating Policy 3085 or

Procedure 3085P by discriminating based on sex and/or for sexual harassment as defined herein, the

decision-maker shall apply the preponderance of the evidence standard, which means the evidence

proves on a more likely than not basis that respondent violated the policy or procedure.

9. Appeals. Any party may file a request for appeal in writing to the Coordinator within seven business days of the delivery of the notice of a final outcome.

10. Supportive measures: Supportive measures are non-disciplinary, non-punitive individualized services

offered as appropriate, as reasonably available, and without fee or charge to the parties. Supportive

measures are designed to restore or preserve access to the District’s education program or activity,

including measures designed to protect the safety of all parties or the District’s educational environment, and/or deter Title IX sexual harassment. Examples of supportive measures may include, but are not limited to:

A. Referral to counseling, medical, and/or other healthcare services;

B. Referral to the Employee Assistance Program;

C. Referral to community-based service providers;

D. Visa and immigration assistance;

E. Education of the school community or community subgroup(s);

F. Altering work arrangements for employees;

G. Safety planning;

H. Providing school safety escorts;

I. Providing transportation accommodations;

J. Implementing contact limitations, such as no contact orders, between the parties (note:

allegations of violations of a no contact order will be investigated as collateral misconduct under this process);

K. Academic support, extensions of deadlines, or other course or program-related adjustments;

L. Emergency warnings;

M. Class schedule modifications, withdrawals, or leaves of absence;

N. Increased security and monitoring of certain areas of the school;

O. Any other actions deemed appropriate by the Coordinator.

11. Recognition of privileges: At no time during this grievance procedure may any evidence (whether through

testimony or documents) be required, admitted, relied upon, or otherwise obtained by asking questions

or admitting evidence that constitutes, or seeks disclosure of, information protected by a legally

recognized privilege, unless the person holding the privilege has knowingly and freely waived the

privilege.

12. Recordkeeping;

A. The District shall maintain for a period of seven years records of:

i. Each sexual harassment investigation including any determination regarding

responsibility and any audio or audiovisual recording or transcript required where a

hearing is held, any disciplinary sanctions imposed on the respondent, and any remedies

provided to the complainant designed to restore or preserve equal access to the

District’s education program or activity;

ii. Any appeal and the result therefrom;

iii. Any informal resolution and the result therefrom; and

iv. All materials used to train Coordinators, investigators, decision-makers, and any person

who facilitates an informal resolution process. The District shall make these training

materials publicly available on its website.

B. For each response to a report of harassment or discrimination based on sex, the District shall

create, and maintain for a period of seven years, records of any actions, including any supportive

measures, taken in response to a report or formal complaint of sexual harassment. In each

instance, the District shall document the basis for its conclusion that its response was not

deliberately indifferent, and document that it took measures designed to restore or preserve

equal access to the District’s education program or activity. If the District does not provide a

complainant with supportive measures, then the Coordinator must document the reasons why

such a response was not clearly unreasonable in light of the known circumstances (i.e., was not a

result of sex discrimination). The documentation of certain bases or measures does not limit the

District in the future from providing additional explanations or detailing additional measures

taken or to be taken.

Title IX Grievance Procedure Definitions

The following definitions apply to the identified terms used in this procedure:

“Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to:

1. The District’s Coordinator; or

2. Any District official possessing the authority to institute corrective measures on behalf of the District; or

3. Any employee of the District.

Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual

knowledge. This standard is not met when the only official of the District with actual knowledge is the respondent.

The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual

harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute

corrective measures on behalf of the District. “Notice” as used in this paragraph includes, but is not limited to, a

report of sexual harassment to the Coordinator as set forth in this procedure.

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual

harassment.

Under circumstances where a sexual assault is alleged by a student against an adult, non-student employee, the

District does not recognize the defense of “consent,” however it is defined. Where the parties are both adults,

however, the following definition of “consent” will apply: Consent occurs where there is a knowing, voluntary, and

clear grant of permission, by word or action, to engage in sexual activity. Individuals may experience the same

interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has

consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity,

consent may be ratified by word or action at some point during the interaction or thereafter, but clear

communication from the outset is strongly encouraged. Consent may be withdrawn. A person cannot consent if

they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any

reason, including by alcohol or other drugs. It is a violation of policy if a respondent engages in sexual activity with

someone who is incapable of giving consent, or is otherwise incapacitated.

“Incapacitation” occurs when someone cannot make rational, reasonable decisions because they lack the capacity

to give knowing, informed consent. For example, they cannot understand the “who, what, when, where, why, or

how” of their sexual interaction.

“Formal Complaint” means a document filed by a complainant, or signed by the Coordinator, alleging sexual

harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.

At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in

the educational programs or activities of the District. A formal complaint may be filed with the Coordinator in

person, by mail, or by electronic mail, or by using the contact information listed on the District’s website. As used

in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission,

(such as by electronic mail or through an online portal provided for this purpose by the District,) that contains the

complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the

formal complaint. Where the Coordinator signs a formal complaint, the Coordinator is not a complainant or

otherwise a party to this grievance procedure, and must comply otherwise comply with the requirements of this

procedure.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute

sexual harassment.

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1. “Quid pro quo” harassment, which occurs when a District employee conditions the provision of a District benefit, service, or assistance on an individual’s participation in unwelcome sexual conduct;

2. “Hostile Environment,” which is defined as unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to District education program or activity; or

3. Physical threats and attacks, including “sexual assault,” defined as forcible and non-forcible sex offenses as defined in the Clery Act, or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.

“Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as

reasonably available, and without fee or charge to the complainant or the respondent in cases where either no

formal complaint has been filed, or both before and/or after the filing of a formal complaint. Such measures are

designed to restore or preserve equal access to the District’s education program or activity without unreasonably

burdening the other party, including measures designed to protect the safety of all parties or the District’s

educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of

deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services,

mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased

security and monitoring of certain areas of the campus, and other similar measures. The District shall maintain as

confidential any supportive measures provided to the complainant or respondent, provided that maintaining such

confidentiality will not impair the ability of the District to provide the supportive measures. The Coordinator is

responsible for coordinating the effective implementation of all supportive measures.

“Elementary school” and “secondary school” as used in this procedure refer to a local educational agency, as

defined in the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, a preschool, or a private elementary or secondary school, and include this District.

Revision of These Procedures

The District reserves the right to make changes to these procedures as necessary. If laws or regulations change or

court decisions alter the requirements in a way that impacts these procedures, this document shall be construed

to comply with the most recent government regulations or holdings.

References: 34 CFR Part 106 Nondiscrimination on the Basis of Sex in Educational Programs or

Activities Receiving Federal Financial Aid

Procedure History:

Adopted on: 12/15/2020

Revised on: