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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. 

Students, parents or guardians, and other non-employees who witness suspected sexual harassment are encouraged to report it immediately to a teacher or building administrator to assist the District’s sexual harassment prevention efforts.

When a District employee receives a report of alleged sexual harassment from any source, the District is deemed to have actual notice of the allegation. All District employees must notify the Title IX Coordinator of any reports of alleged sexual harassment they receive immediately when practical and not later than 24 hours following receipt of a report. All relevant information the District employee receives (names, dates, locations, and details) must be provided to the Title IX Coordinator. Such information can be provided to the Title IX Coordinator in person, by mail, via phone, or email, using the Title IX Coordinator’s contact information and can be made 24 hours a day, seven (7) days a week via voicemail or email. When practicable, the details of the report to the Title IX Coordinator shall also be provided to the building principal.

Some conduct qualifying as sexual harassment (particularly conduct involving physical or sexual violence) may also qualify as child abuse or neglect, even when another child may be responsible for the abuse. Before undertaking their responsibilities, an employee must determine whether observed or alleged conduct gives rise to reasonable cause to believe that child abuse or neglect has occurred or is occurring, triggering the employee’s mandatory reporting obligation under state law and District Policy AC-R1 - REPORTING DISCRIMINATION / DISTRICT RESPONSE TO DISCRIMINATION COMPLAINTS.  If at any point during the grievance process, an employee determine they have cause to believe child abuse or neglect has occurred or is occurring, the employee must immediately take steps necessary to satisfy the employee’s mandatory reporting obligations.

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. 

Following the filing of a complaint, there are two available options for resolution: 1) an informal resolution, which involves a variety of informal options for addressing complaints; and, 2) the grievance process, which involves an investigation, report, and potential sanctions.

Informal Resolution: If both parties agree and the Title IX Coordinator deems it appropriate, an informal resolution process, which does not involve an investigation and may involve mediation or other restorative justice models, may be instituted. The parties’ agreement must be voluntary, non-coerced, and documented in writing. At any time prior to engaging in an informal resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. Informal resolution is not available in cases where a District employee is alleged to have sexually harassed a student. An informal resolution may result in disciplinary sanctions appropriate for the misconduct which shall be imposed in accordance with applicable law and District Policy, including but not limited to a warning, restorative justice, and alternatives to suspension or expulsion.

Grievance Process: The grievance process is used to investigate and adjudicate formal complaints of sexual harassment as defined by Policy AC-R1 and Title IX in order to determine whether the policy has been violated. The process also determines the steps the District must take to address and correct a violation, which may include the imposition of disciplinary sanctions. Potential sanctions include a warning, restorative justice, alternatives to suspension or expulsion, suspension, expulsion, or termination. The grievance process is internal to the District and is not conducted by, or in concert with, law enforcement. The process determines whether District policy has been violated and not whether criminal law has been violated.

Once a formal complaint of sexual harassment is filed, the assigned investigator will send a written notice of the formal complaint to both parties. This notice includes process information, details regarding the allegation(s), and rights and responsibilities of the parties.

Phase 1: Notification of Formal Complaint

Following the filing of a formal complaint of sexual harassment as defined by Policy AC-R1, the assigned investigator sends a written notice of the formal complaint to both parties. This notice includes process information, details regarding the allegation(s), and rights and responsibilities of the parties.

Phase 2: Investigation

The investigator conducts party and witness interviews and gathers evidence related to the allegation(s). Such information may include documents, video and audio recordings, and electronic materials (texts, social media posts, emails, phone logs, etc.). During this phase of the process, the parties have the opportunity to provide information, evidence, and the names of witnesses to the investigator.

Phase 3: Evidence Review

At the end of the investigation, the parties are provided with all evidence directly related to the allegation(s). The parties have ten (10) work days to review and respond to the information. Any evidence that is not directly related to the investigation is not to be included in the investigation report; however, the investigator must document as to why the evidence is not directly related to the investigation.

Phase 4: Investigation Report

After the parties review and respond to the evidence, the investigator writes the investigation report. This report contains a summary of all relevant evidence gathered during the course of the investigation. Please note that relevant evidence is different than evidence directly related to the allegation(s). If the investigator does not deem all the evidence relevant, it may not be included in the investigation report. The investigator may also make suggested findings regarding the credibility of various accounts, the facts, and whether Policy AC-R1 was violated. Any suggested findings are not binding on the decision-maker. When completed, the investigator provides the investigation report to the decision-maker and the parties for review.

Phase 5: Investigation Report Review

The parties have ten (10) work days to review and respond to the investigation report. Any party responses are submitted to the decision-maker for consideration.

Phase 6: Opportunity to Ask Questions

The parties have the opportunity to submit questions for the other party, witnesses, or the investigator to the decision-maker. The decision-maker reviews the questions and those questions deemed relevant and appropriate are submitted for response. Any responses received are provided to the parties, and there is a limited opportunity for follow-up questions.

Phase 7: Written Determination

After considering the investigation report, the parties’ responses to the investigation report, and any responses to the questions, the decision-maker produces a written determination that includes findings of fact and a determination of whether Policy AC-R1 was violated. The written determination also contains recommended disciplinary sanctions if a violation is found and states whether any remedies will be provided to the complainant.

Phase 8: Appeal

If either party is not satisfied with the written determination, the party may appeal to the Superintendent or designee within five (5) work days following the written determination’s release. Appeals must be on the basis of 1) a procedural irregularity that affected the outcome of the grievance process; 2) new evidence that was not reasonably available at the time the determination regarding the existence of a policy violation was made that could affect the outcome of the grievance process; or 3) the Title IX  Coordinator, the investigator, or the decision-maker had a conflict of interest or bias that affected the outcome of the grievance process. The Superintendent or designee may 1) affirm the written determination; 2) overturn the written determination; or 3) send the report back for additional investigation. The Superintendent’s decision is final.

Phase 9: Additional Sanctioning Steps and Final Notification

In the case of a violation of Policy AC-R1, after the report is final, any additional steps necessary to implement the recommended sanction(s) are taken. Written notification of the finalized sanction(s) is provided to both parties.