- Estes Park School District R-3
- Title IX General Information
Nondiscrimination/Equal Opportunity Complaint Process
About Title IX
EPSD Title IX Policies
- AC: Nondiscrimination/Equal Opportunity
- AC-R-1: Nondiscrimination/Equal Opportunity (Complaint and Compliance Process)
- AC-R-2: Sexual Harassment Investigation Procedures (Title IX)
- AC-E-1: Nondiscrimination/Equal Opportunity
- AC-E-2: Nondiscrimination/Equal Opportunity (Complaint Form) – Exhibit
- JBB*: Sexual Harassment
What issues are covered under Title IX?
- Athletic Opportunities and Benefits
- Pregnant or Parenting Students
- Single Sex Classes and Schools
The District defines sexual harassment as conduct on the basis of sex that falls into one of six categories.
Quid pro quo sexual harassment: A District employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
Hostile environment sexual harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education programs or activities.
- Sexual assault: An offense that falls into the FBI’s Uniform Crime Reporting categories of rape, fondling, incest, or statutory rape.
- Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim.
- Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined by a consideration of the length and type of relationship and the frequency of the parties’ interactions during the relationship.
Domestic violence: Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim.
Stalking: Engaging in a course of conduct directed at a specific person based on their sex that would cause a reasonable person to a) fear for their safety or the safety of others, or b) suffer substantial emotional distress.
Note: If a student experiences a form of discrimination or sexual misconduct that is not explicitly covered under Title IX, they may still report the discrimination or misconduct to any responsible employee, and it will be addressed as described District policy.
Reporting Obligations of Allegations of Sexual Harassment
Filing a Formal Complaint
A document filed by a complainant or signed by the Title IX/Non-Discrimination Coordinator alleging sexual harassment by a respondent and requesting that the District investigate the allegation.
In order to participate in the resolution process, a reporting party must submit a formal complaint. Once a formal complaint has been submitted, the Title IX/Non-Discrimination Coordinator (or designee) will reach out to the reporting party to gather additional information and determine if the District has jurisdiction over the formal complaint. The formal complaint must meet the following criteria in order to move onto the resolution process:
The allegation(s) meet the definition of sexual harassment as defined by District Regulation AC-R-1.
At the time of filing the formal complaint, the complainant is participating in or attempting to participate in the District’s educational program or activity.
The alleged conduct took place within the United States.
The District exercises control over the Respondent.
If the formal complaint does not meet the four criteria above, then the District may pursue the complaint under a different policy other than District Regulation AC-R-1.
Reporting to Federal or State Agency
In addition to, or as an alternative to, filing a discrimination/harassment complaint, a person may file a complaint with the U.S. Department of Education, Office for Civil Rights, or the Colorado Civil Rights Division at the addresses below:
Office for Civil Rights-Denver Office
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, CO 80202
Telephone: 303-894-2997 or 1-800-262-4845
Phases of the Grievance Process