Network Manager Theo Whitfield Network Manager Technology District Office 125 4th Ave. West 208-324-2392 Staff Contact theo.whitfield@jeromeschools.org Ext. 1502

All Policies Policy Group 3000 Students Jerome Joint School District No. 261 STUDENTS 3400F EXTRACURRICULAR CONSENT FORM I have received and have read and understand a copy of the Jerome Joint School District’s “Extracurricular Activities Drug-Testing Program”. I desire that _________________________ participate in this program and in the extracurricular program of Jerome Joint School District and hereby voluntarily agree to be subject to its terms for the entire high school career (grades 9-12). I accept the method of obtaining urine specimens, testing, and analyses of such specimens and all other aspects of the program. I agree to cooperate in furnishing urine specimens that may be required from time to time. I further agree and consent to the disclosure of the sampling, testing, and results provided for this program. This consent is given pursuant to all State and Federal Statutes and is a waiver of rights to nondisclosure of such test records and results only to the extent of the disclosures in the program. Date: ______________, 20__ ____________________________________ ____________________________________ Student Signature Parent/Guardian Signature Policy History: Adopted on: June 20, 2024 Last Revised: May 29, 2025 at 4:07:27 PM

All Policies Policy Group 3000 Students Jerome Joint School District No. 261 STUDENTS 3250 Distribution and Posting of Materials The distribution of materials from outside the school system uses a considerable amount of valuable educational time. This time is taken away from students, teachers, and the clerical staff. It is the District’s policy to limit the distribution of materials to parent and student organizations sponsored by the District or other governmental agencies. Materials that provide information valued or needed by the District may also be distributed. All organizations must have the approval of the Superintendent or designee before materials may be distributed. The Superintendent or designee will use the guidelines listed above in the approval of the distribution of the materials. Policy History: 04/25/09 Adopted on: Revised on: Policy History: Adopted on: April 25, 2009 Last Revised: February 20, 2025 at 5:01:38 PM

All Policies Policy Group 8000 Non-Instructional Operations Jerome Joint School District No. 261 NONINSTRUCTIONAL OPERATIONS 8170P District-Owned Vehicles Purpose The Board adopts this procedure to establish guidelines, obligations and expectations of employees who, within the scope of their employment, have occasion to operate District owned vehicles and equipment, or personal vehicles for official District purposes. District Vehicles and Equipment Authorization for Use Jerome Joint School District employees shall operate District owned vehicles and equipment only when the employee: Is authorized by their position and/or supervisor, to act as the operator of a vehicle or piece of equipment; Holds a valid Idaho operators license for each class of vehicle or piece of equipment they are approved to operate. The District may verify license status by checking motor vehicle records. Has demonstrated to the supervisor's satisfaction that they are qualified to operate the vehicle or piece of equipment. Responsibilities of Vehicle/Equipment Operator. Employees operating District vehicles and equipment shall: Inspect vehicles or equipment before operating as described in Policy 8170 to ensure the vehicle or equipment will function in a safe manner; Refrain from eating or engaging in other activities which may distract an individual from safely operating a vehicle or piece of equipment; Operate such vehicles and equipment in a safe, responsible manner, and in compliance with State laws and regulations governing vehicle use; Pull off to a safe area and stop driving to use a cell phone in a vehicle; Be personally responsible for traffic fines and/or penalties arising from their violation of traffic laws while operating District vehicles or equipment; Refrain from operating any such vehicles or equipment when under the influence of controlled substances, medications, or mental or physical conditions which could impair their ability to properly operate a vehicle or piece of equipment; Return such vehicles and equipment daily to the District facility designated for that vehicle or piece of equipment unless it is taken to the operator's residence as authorized in this procedure; If the vehicle or piece of equipment is taken to the operator’s residence as authorized by this procedure the operator shall ensure the vehicle or equipment is made available for routine maintenance as well as unscheduled maintenance when required; Report any loss, redaction or suspension of their operator license or endorsements status to their supervisor as soon as they are notified of the licensing status change; Report all accidents immediately to the supervisor and/or to the Risk Management Specialist so that they can be reported to the District’s insurance carrier. All Commercial Driver’s License holders shall comply with Federal and State laws regarding the reporting of accidents, citations, or driving convictions and shall immediately report such occurrences to their supervisor; Use of District fueling cards and facilities, maintenance and repair facilities, and supplies shall be limited to bonafide District vehicles and equipment. District material and facilities shall not be used for personal benefit; Not allow others to use their refueling card or request that others allow them to use refueling cards which are not assigned to them; and Be evaluated in connection with their use of District vehicles and equipment as part of their annual job performance review. Prohibited Conduct of Vehicle/Equipment Operator. Any employee involved in one or more of the following circumstances while operating District vehicles and equipment will immediately lose their operational authorization: Unlawful use, distribution, dispensing, manufacture, or possession of a controlled substance; Operating any District vehicle or piece of equipment while under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; Use of any District vehicle or piece of equipment for illegal or unauthorized purposes; Operating a vehicle or piece of equipment in a manner which endangers the safety or life of others; Any negligent use of District owned vehicles or pieces of equipment. Any employee who has engaged in any of the items listed in in the above section of this procedure, regardless of whether it occurred while operating a District vehicle or piece of equipment, may be permanently prohibited from operating District vehicles and equipment, and/or subject to disciplinary action, up to and including termination. Emergency Call Out. In specific instances, the superintendent and/or department directors may establish specific positions and/or classes of employees who are subject to emergency callout. These employees or classes of employees may be assigned a District vehicle to keep at their personal residence in order to more quickly respond to emergencies Which employees are assigned to keep a vehicle at their residence may be changed at any time by the superintendent and/or department director without consultation or negotiation with the affected employee or classes of employees. When an employee is designated to have a District vehicle at their residence for emergency callout use, the vehicle shall not be used for personal purposes. Disposal of Vehicles and Equipment. All vehicles and equipment shall be disposed of only by sales events and methods which are approved by the Board and by rules adopted by the State for disposal of District property. Each sales event must be approved individually by the Board. Revenue received from the sale of school buses will be placed in a separate account and used only for the purchase of school buses. Accident Management Procedures. The Jerome Joint School District establishes the following guidelines for reporting, investigating, and documenting all accidents, collisions, and incidents involving District vehicles and equipment. All accidents/collisions/vandalism (herein collectively referred to as “accidents”) involving District vehicles, regardless of the amount of damages or personal injuries sustained, shall be reported immediately to the driver’s supervisor and/or any other identified District personnel. Failure to report an accident shall be cause for disciplinary action; Drivers shall report all school bus accidents to local school authorities and the appropriate law enforcement agency in accordance with Title 49, Chapter 13 of Idaho Code. Subsequent to the accident or incident, a Uniform School Bus Accident/Injury or appropriate Incident Report Form shall be completed by the driver or transportation supervisor and submitted to the State Department of Education within 15 days; An employee involved in any accident while operating District vehicles or equipment may be required to submit to a drug and alcohol test. Failure to submit to a drug and alcohol test; or testing positive for drug use; or prohibited levels of alcohol as outlined in applicable law; shall be subject to disciplinary action, up to and including termination; An accident report shall be completed within 24 hours of any accident regardless of the amount of damage sustained to any District vehicle or equipment; All accidents will be investigated by a designated District Safety Coordinator or his or her designee; All accidents involving any personnel injury and/or accidents for which the estimated damages exceed one-thousand dollars $1,000 shall be reviewed by the Safety Committee; The Safety Committee shall hold a fact-finding meeting to determine if the accident was preventable or non-preventable. The driver involved in the accident has the right to attend the fact-finding meeting to explain the situation and answer the Committee’s questions; The Committee shall inform the driver of their findings in a timely manner; and An employee may appeal the findings and recommendations of the Committee by following the appeals procedure outlined in the District Grievance Procedure. Administrative actions shall be taken based on the findings and recommendations as follows: If the accident was non-preventable, a statement to that effect shall be included in the employee’s personnel file and no disciplinary action will be recommended. If the accident was preventable, procedures of remediation and disciplinary action shall be implemented according to the degree of culpability, severity of the accident and service record of the employee. Driver Education instructors shall not be disciplined under these driver accident guidelines for vehicle accidents resulting from the actions of student drivers who are operating District vehicles under the instructor’s supervision, as part of the District Driver Education course unless a valid investigation by the District or a court of law finds the instructor was grossly negligent in their instruction or driving supervision. Definitions "Equipment" for purposes of this procedure means utility vehicles, construction and lawn equipment. "Vehicle" for purposes of this procedure means buses, vans and passenger vehicles, maintenance and delivery trucks. Legal References: IC § 33-1501 Transportation Authorization IC § 33-1506 Inspection of School Authorized Vehicles IC § 33-1509 School Bus Drivers – Definition – Qualification – Duties IC 33-1006 Transportation Support Program IC 33-1504 Authorized Vehicles IC 33-1515 Requirements for Authorized Vehicles for the Transportation of Pupils to and from School and School-Related Events IDAPA 08.02.02.160 Maintenance Standards and Inspections Standards for Idaho School Buses and Operations Other Reference: 10.2.6 Idaho Commercial Drivers License Manual Idaho Department of Education Standards for Idaho School Buses and Operations Idaho Department of Education Idaho’s School Bus Driver Training Classroom Curriculum Policy History: Adopted on: 12/19/2006 Revised on: 07/23/2013 Revised on: 05/27/2014 Revised on: 02/24/2015 Revised on: 04/28/2026 Policy History: Adopted on: December 19, 2006 Last Revised: May 6, 2026 at 7:59:15 PM

All Policies Policy Group 1000 Board of Trustees Jerome Joint School District No. 261 THE BOARD OF TRUSTEES 1206 Teacher Negotiations The Board of Trustees is empowered to and shall upon its own initiative or upon the request of a local education organization, enter into a negotiation agreement with professional employees and negotiate with such employees in good faith on those matters specified in any such negotiation agreement between the Board of Trustees and the local education association. Either party to such negotiation agreement may initiate a request for negotiations. Accurate records or minutes of the proceedings shall be kept, and shall be available for public inspection at the offices of the board of turstees during normal business hours. Joint ratification of all final offers of said settlement shall be made in open meetings. Legal Reference: I.C. §§ 33‐1271 through 33‐1279 Policy History: Adopted on: 09/26/06 Revised on: Policy History: Adopted on: September 26, 2006 Last Revised: February 20, 2025 at 5:02:26 PM

All Policies Policy Group 7000 Financial Management Jerome Joint School District No. 261 FINANCIAL MANAGEMENT Federal Cash Management Policy - Federal Program Income 7450P2 Definition Program income means gross income earned by a federal grant recipient that is directly generated by a supported activity or earned as a result of the federal award during the grant’s period of performance. Program Income must be used for the original purpose of the federal award. Program income earned during the period of performance may only be used for costs incurred during the period of performance or allowable closeout costs as required by 2 CFR 200.472. Program income must be expended prior to requesting additional federal funds. Program income exceeding amounts specified in the feral award may be added to or deducted from the total allowable costs in accordance with the terms and conditions of the feral award. Program income includes, but is not limited to, income from fees for services performed, the use or rental of real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and principle and interest on loans made with federal award funds. Interest earned on advances of federal funds is not program income. Except as otherwise provided in federal statutes, regulations, or the terms and conditions of the federal award program, income does not include rebates, credits, discounts, and/or interest earned. Additionally, taxes, special assessments, levies, fines, and other such revenues raised by a recipient are not program income unless the revenues are specifically identified in the federal award or federal awarding agency regulations as program income. Finally, proceeds from the sale of real property, equipment, or supplies are not program income. Use of Program Income There are three methods of applying program income: deduction, addition, and cost-sharing. The federal agency should specify what program income method(s) will be used in the terms and conditions of the feral award. The deduction method will be used if the federal agency does not specify a method for applying program income. When no program income method is specified in the federal award, prior approval is required to use the addition or cost sharing methods. The default method for the use of program income for the District is the deduction method. Under the deduction method, program income is deducted from total allowable costs to determine the net allowable costs. Program income will only be used for current costs unless the District is otherwise directed by the federal awarding agency or pass-through entity. The District may also request prior approval from the federal awarding agency to use the addition method. Under the addition method, program income may be added to the federal award by the federal agency and the non-federal entity. The program income must then be used for the purposes and under the conditions of the federal award. While the deduction method is the default method, the District shall always refer to the grant award notification prior to determining the appropriate use of program income. It is the policy of the District that no program income will be generated in federal programs. If program income is generated, the business manager shall account for it in accordance with the District’s normal accounting procedures, utilizing the special revenue accounting codes of IFARMS, and track as program income attributable to a specific federal program. Legal References Description 2 CFR § 200.305 Payment 2 CFR § 200.307 Program Income 31 CFR § 205 Rules and Procedures for Efficient Federal-State Funds Transfers 31 USC § 6503 Intergovernmental financing (Cash Management Improvement Act of 1990) Policy History: Adopted on: 02/24/2026 Policy History: Adopted on: February 24, 2026 Last Revised: February 25, 2026 at 11:38:09 PM

All Policies Policy Group 3000 Students Jerome Joint School District No. 261 STUDENTS 3280 Equal Education, Nondiscrimination and Sex Equity Equal educational opportunities shall be available for all students without regard to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious beliefs, physical and mental handicap or disability, economic or social conditions, or actual or potential marital or parental status or status as a homeless child. Any student may file a discrimination grievance using the procedure that follows this policy. No student shall, on the basis of sex, be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, advantage, or denied equal access to educational and extracurricular programs and activities. Students who believe that they may have been sexually harassed or intimidated should contact a counselor, teacher, Title IX coordinator or administrator who will assist them in the complaint process. Supervisors or teachers who knowingly condone, or fail to report or assist a student to take action to remediate such behavior of sexual harassment or intimidation, may themselves be subject to discipline. The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence because of disability against students, staff or volunteers with disabilities. The District considers this behavior to constitute discrimination on the basis of disability in violation of state and federal law. Cross References: 4175 Required Annual Notices Legal Reference: I.C. § 67-5909 Acts Prohibited Policy History: Adopted on: 04/25/2009 Revised on: 01/26/2021 Policy History: Adopted on: April 25, 2009 Last Revised: February 20, 2025 at 5:01:38 PM

All Policies Policy Group 8000 Non-Instructional Operations Jerome Joint School District No. 261 NONINSTRUCTIONAL OPERATIONS 8200 WELLNESS POLICY - PURPOSE AND GOAL The Jerome School District shall prepare, adopt, and implement a comprehensive wellness policy to encourage healthy eating, physical activity and well-being. This plan shall make effective use of school and community resources and equitably serve the needs and interests of all students and staff, taking into consideration differences in cultural norms. RATIONALE The District believes that a healthy school environment in which children can thrive is one of the most significant ways that a school can invest in each child’s future and provide all students with the high quality education they deserve. • Engage students, parents, teachers, food service professionals, health professionals, and other interested community members in developing, implementing, monitoring, and reviewing district- wide nutrition and physical activity policies; • Model and actively practice, through policies and procedures, the promotion of health, physical activity, good nutrition, and sound environmental practices; • Establish links between nutrition education, the food served in schools, physical education, physical activity, and environmental education – all of which affect wellness; • Provide students with access to a variety of affordable, nutritious, and appealing foods that meet the Current Dietary Guidelines for Americans; • Promote the lifelong value of physical education; • Coordinate with local medical facilities to provide simplified materials regarding wellness in order to promote health literacy; • Ensure that all school-based activities are consistent with the goals of this wellness policy; and, • Serve as a positive model of wellness practices to our community. PROCEDURE: Nutrition Education The School District will ensure that: • A consistent message that nutrition is an important part of overall health is promoted; • Nutrition education should be enjoyable, developmentally-appropriate, culturally-relevant, and include participatory, service-learning activities, such as contests, promotions, taste testing, and farm visits; • Nutrition education will emphasize a range of topics including healthy food preparation, balance between food intake and energy expenditure, links with school meals, and healthy literacy; and, • All students will complete a health class and the “Skills for Life” class before graduation from high school. Physical Activity The School District will ensure that: • Each student at the elementary level (1-6) will receive at least 90 minutes of physical activity per week (two 30 minute structured P.E. classes plus at least 10 minutes before school, at noon, and at recess). Each student at the middle school level (6,7, and 8) will take one class per semester in which they alternate days of health and wellness classes with physical education classes. High school level (9-12) will take 2 P.E. classes before graduation; • Students will be encouraged to participate in 60 minutes of physical activity per day, inside or outside of school; • Opportunities for physical activity will be provided to all students; • A list of intramural activities offered at each school will be available to students; • Sports programs will be continued with open tryouts for the students at their respective schools; • Appropriate physical activity alternatives will be provided to students with disabilities, special health –care needs, and alternative education settings; • Recess before lunch will be strongly recommended as an option for schools; and, • Teachers may not use Physical Education as a punishment or reward. Other School-Based Activities The School District will ensure that: • The individual schools within the district will create a School Wellness Committee to develop, implement, monitor, review, and revise school nutrition and physical activity policies. Any revisions will strengthen, rather than detract, from the District’s policy; • School fundraising activities will use foods meeting the current Dietary Guidelines for Americans. Schools will encourage fundraising activities that promote physical activity • As permitted by schools, celebrations and class parties that involve food during the school day will encourage to provide food that meet the current Dietary Guidelines for Americans; • Schools will not use food or beverages, especially those not meeting the current Dietary Guidelines for Americans, as rewards for academic performance, incentive for good behavior, or punishment; • Jerome School District will continue to promote staff wellness, including nutrition education and physical activity programs designed for staff. School Meals The School District will ensure that: • The guidelines for school meals set by the USDA will be followed. These guidelines emphasize use of foods low in fat, cholesterol, added sugars, starches, and sodium, avoiding foods low in nutritional value, and ensuring that at least half of the served grains are whole grain; • Nutrition information for school meals shall be readily available; • To the extent possible, arrange bus schedules and utilize non-traditional methods for serving school meals that encourage participation; • The District will sponsor the Summer Food Service Program in areas which qualify; Plan for Measuring the Impact and Implementation of the Local Wellness Policy The drafting of this wellness policy influences a diverse and inclusive group of stakeholders, who are representative of the Jerome School District’s community: All of these stakeholders—school administrators, educators, school food service staff, parents, students and community members—are concerned with student health and academic performance and want to help schools make a positive impact in this area. Cross Reference: 4175 Required Annual Notices Policy History: Adopted on: 12/19/2006 Revised on: 02/28/2017 Revised on: 01/26/2021 Policy History: Adopted on: December 19, 2006 Last Revised: February 20, 2025 at 5:02:26 PM

All Policies Policy Group 7000 Financial Management Jerome Joint School District No. 261 FINANCIAL MANAGEMENT 7400P3 Requirements and Restrictions for Procurement Under a Federal Award - Competition The following shall be required in the case of procurement under a federal grant to ensure adequate competition. Geographical Preferences Prohibited The District shall conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Buy American and School Meals When making purchases for the District’s school lunch program, the District shall, to the maximum extent practicable, purchase domestic commodities or products. For the purposes of this procedure, “domestic commodity or product” shall mean: 1. Agricultural commodity that is produced in the United States; and 2. A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Additionally, the District shall require school meal supplies to attest that their finals food products are either 100% domestic commodities or a food product containing over 51% domestic food components, by weight or volume. Exceptions to this Buy American Requirement may be made when the District determines that: 1. The food or food product is not produced or manufactured in the United States in sufficient or reasonably available quantities of a satisfactory quality; or 2. Competitive bids reveal the cost of a United States food or food product is significantly higher than the non-domestic product. When such an exception is made, the Superintendent or his or her designee shall document such exceptions. Prequalified Lists The District shall ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the District shall not preclude potential bidders from qualifying during the solicitation period. Solicitation Language The District shall ensure that all solicitations incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers shall be clearly stated; and identify all requirements which the offers must fulfill and all other factors to be used in evaluating bids or proposals. Contracting with Small and Minority Businesses and Women’s Business Enterprises When soliciting goods and services on projects that will use federal funds, the District shall comply with the following requirements for the purpose of ensuring small business, minority-owned businesses and women’s business enterprises are to be used whenever possible: 1. Place qualified small and minority businesses and women’s business enterprises on its solicitation lists; 2. Assure that small and minority businesses, and women’s business enterprises are solicited and notified whenever they are potential sources of the needed goods or services; 3. Divide the total requirements of a project, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establish reasonable delivery schedules, where the project requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Consult the services, assistance, and information, as appropriate, of qualified organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. Require a project’s prime contractor, if subcontracts are to be let, to take the affirmative steps listed in the numbered list above. Legal References: 2 C.F.R. 200.319 Competition. 2 C.F.R. 200.321 Contracts – Minorities, Women and Small Businesses. Policy History: Adopted on: 06/25/2019 Revised on: 02/25/2020 Revised on: 05/25/2021 Policy History: Adopted on: June 25, 2019 Last Revised: February 20, 2025 at 5:02:22 PM

All Policies Policy Group 7000 Financial Management 7235F2_Federal_Funds_Semi-Annual_Certification .pdf Download PDF • 128KB Policy History: Adopted on: January 23, 2025 Last Revised: February 20, 2025 at 9:50:51 PM

All Policies Policy Group 3000 Students 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: Policy History: Adopted on: December 15, 2020 Last Revised: February 20, 2025 at 5:01:39 PM

All Policies Policy Group 1000 Board of Trustees Jerome Joint School District No. 261 THE BOARD OF TRUSTEES 1313 Conflicting Policies and Procedures If any of the policies adopted by the Board of Trustees conflict with one another, the policy adopted, revised, or reviewed most recently shall be the policy in effect. If any procedures promulgated by the Superintendent as described in Policy 1310 conflict with one another, the procedure promulgated, revised, or reviewed most recently shall be the procedure in effect. If any policy and procedure conflict with one another, the policy shall override the procedure. Other References Description ISBA Policy Services https://www.idsba.org/member-services/policy/ Policy History: Adopted on: 05/28/2019 Revised on: 11/18/2025 Policy History: Adopted on: May 28, 2019 Last Revised: November 24, 2025 at 8:12:30 PM