Policy Code: 1725/4035/7236 Title IX Sexual Harassment – Prohibited Conduct and Reporting Process

The board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement.  As provided in policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex, the board will not tolerate sexual harassment in the education program and activities of the school system.  The board takes seriously all reports and formal complaints of sexual harassment. 

This Title IX sexual harassment policy specifically prohibits sexual harassment as that term is defined under Title IX.  It provides a process for students, employees, and others to report such sexual harassment for response by school officials.  All incidents of conduct that could constitute sexual harassment under this policy are to be reported and treated in accordance with this policy, whether or not the incidents may also constitute violations of other board policies or standards of conduct.

Conduct that involves discrimination or harassment on the basis of sex but that does not meet the definition of sexual harassment prohibited by this policy may nevertheless violate other board policies or established standards of conduct and will be treated accordingly.  See, for example, policy 1735/4329/7311, Bullying and Harassing Behavior Prohibited, policy 1710/4020/7230, Discrimination and Harassment Prohibited by Federal Law, and policy 4040/7310, Staff-Student Relations.  Nothing in this policy is intended to limit discipline for violations of other board policies in such circumstances when appropriate and consistent with law.  In addition, nothing in this policy is intended to limit reports to law enforcement when warranted.

Individuals who believe they have been subjected to sexual harassment prohibited by this policy or who have witnessed or have reliable information that another person has been subjected to sexual harassment prohibited by this policy should use the process provided in Section C of this policy to report such violations. 

The board also provides a grievance process for those who believe they have been victims of sexual harassment that is designed to achieve prompt and equitable resolution of formal complaints of sexual harassment through a formal investigation and adjudication of the allegations in the complaint or through informal resolution processes.  The grievance process is provided in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process.  Affected individuals are encouraged to report sexual harassment in accordance with the process provided in Section C of this policy before filing a formal complaint to initiate the grievance process.

The superintendent is responsible for ensuring that effective notice of this policy is provided to students, parents, employees, and applicants for admission or employment.

1. Prohibited Behavior

Students, school system employees, volunteers, and visitors are expected to behave in a civil and respectful manner.  The board expressly prohibits sexual harassment by students, employees, board members, volunteers, or visitors.  “Visitors” includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school system.  

Sexual harassment prohibited under Title IX and by this policy is conduct on the basis of sex occurring in a school system education program or activity that satisfies one or more of the following:

1. an employee of the school system conditioning the provision of an aid, benefit, or service of the school system on an individual’s participation in unwelcome sexual conduct;
2. unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school system’s education program or activities.  This determination requires consideration of all the facts and circumstances, including, but not limited to, the ages and disability statuses of the harasser and the victim and the number of individuals involved and their authority;
3. sexual assault, defined as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (FBI UCR).  The FBI UCR classifies as sex offenses (1) any sexual act (i.e., rape, including sodomy and sexual assault with an object, and fondling) directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age and (2) unlawful sexual intercourse (i.e., statutory rape and incest);
4. dating violence, which means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, with the existence of such a relationship determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;
5. domestic violence, which includes crimes committed by a current or former spouse or intimate partner of the victim under North Carolina family or domestic violence laws and also includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who (1) is a current or former spouse or intimate partner of the victim, or a person similarly situated to a spouse of the victim; (2) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (3) shares a child in common with the victim; or (4) commits acts against a youth or adult victim who is protected from those acts under North Carolina family or domestic violence laws; or
6. stalking, which means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.

Conduct that satisfies this standard is not sexual harassment for purposes of this policy if the conduct occurred (1) outside the United States or (2) under circumstances in which the school system did not have substantial control over both the harasser and the context in which the harassment occurred. 

All references to “sexual harassment” in this policy mean sexual harassment that meets this definition.

Examples of conduct on the basis of sex that would be considered sexual harassment if the conduct satisfies the criteria above include, but are not limited to: unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature, such as deliberate, unwelcome touching that has sexual connotations or is of a sexual nature; suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats; pressure for sexual activity; continued or repeated offensive sexual flirtations, advances, or propositions; continued or repeated verbal remarks about an individual’s body; sexually degrading words used toward an individual or to describe an individual; sexual assault; sexual violence; the display of sexually suggestive drawings, objects, pictures, or written materials; posting sexually suggestive pictures of a person without the person’s consent; and forwarding pornographic material depicting a classmate or other member of the school community.  Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping but not involving conduct of a sexual nature may also constitute sexual harassment.

2. Definitions

The following additional definitions apply in this policy.

1. Report

A report is an oral or written notification that an individual is an alleged or suspected perpetrator or victim of sexual harassment. 

Making a report initiates the interactive process with the complainant described in Section D.1, below.  No disciplinary action will be taken against a respondent for sexual harassment based on a report alone.

2. Formal Complaint

A formal complaint is a document signed and filed with the Title IX coordinator by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that school officials investigate the allegation(s).  Filing a formal complaint initiates the grievance process set forth in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process.

At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activities of the school system. 

3. Complainant 

The complainant is the individual(s) who is alleged to be the victim of conduct that could constitute sexual harassment.

4. Consent

Consent must be informed and freely and affirmatively given through mutually understandable words or actions that indicate a willingness to participate in the sexual activity.  Consent can be withdrawn at any time.  There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used.  Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.  Silence or absence of resistance does not imply consent.  Consent to one type of sexual activity does not amount to consent to another type of activity.  Prior consent or sexual relations with the same person do not imply future consent.  The fact that both people are in a relationship does not, by itself, establish consent.  A person cannot consent if they are unconscious, asleep, or impaired to the extent that they do not understand what is going on.  Minors under the age of 16 are incapable of giving consent to sexual activity with a person more than four years older than the minor.  Consent may never be given by mentally disabled persons if their disability was reasonably knowable to a sexual partner who is not mentally disabled.  Consent between parties engaging in sexual activity does not prevent the school system from taking disciplinary action against the parties for violation of any other board policy.

5. Respondent

The respondent is the individual(s) who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

6. Grievance Process

Grievance process means the process for investigating and reaching a final determination of responsibility for a formal complaint of sexual harassment.  The sexual harassment grievance process is set out in policy 1726/4036/7237. 

7. Title IX Coordinator

The Title IX coordinator is a school official who is designated to coordinate the school system’s response to sexual harassment and allegations of sexual harassment.  Contact information for the Title IX coordinator is posted on the school system’s website and listed in policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex.  

8. Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.  Such measures are designed to restore or preserve equal access to the school system’s education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school system’s educational environment, or deter sexual harassment. 

Supportive measures available to the parties include, but are not limited to, counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other similar measures determined by school officials to be necessary to protect the safety or educational or employment activities of a party.

9. Days 

Days are calendar days unless specified otherwise.

10. Student(s)

“Student(s)” means the student and/or the student’s parent or legal guardian unless the context clearly indicates otherwise.  When the complainant or respondent is a student, references to those terms also include the student’s parent or legal guardian unless the context clearly indicates otherwise.

11. Actual Knowledge

“Actual knowledge” means a school employee has notice of sexual harassment or allegations of sexual harassment. 

3. Reporting Sexual Harassment
   1. Student Reports

Any student who believes he or she is a victim of sexual harassment occurring in the school system’s education programs or activities is encouraged to report the matter to the student’s principal or to the Title IX coordinator.  Reports may also be made to a teacher, counselor, assistant principal, teacher assistant, or any other school employee.  Middle and high school students may also report sexual harassment through the anonymous tip line, but school officials may be limited in their ability to respond if the report does not identify the complainant.

2. Mandatory Reporting by School Employees and Board Members 

Any employee or member of the board of education who has actual knowledge of sexual harassment or allegations of sexual harassment occurring in the education program or any activity of the school system must report that information immediately to the Title IX coordinator. 

Any of the following confers “actual knowledge” and must be reported immediately:

1. a report of sexual harassment from a student or other person;
2. the employee or board member witnesses conduct that is or reasonably could be sexual harassment; or
3. the employee or board member discovers evidence of sexual harassment, such as sexualized graffiti on school property, or otherwise has reliable information or reason to believe that a student, employee, or other individual may have been sexually harassed in violation of this policy, even if no one has reported the sexual harassment.

Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator, and it is safe to do so.  An employee with actual knowledge of possible sexual harassment in violation of this policy who does not promptly report the conduct and/or take proper action as required by this subsection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal. 

Any doubt about whether particular conduct is possible sexual harassment must be resolved in favor of reporting the conduct.

The mandatory reporting required by this section is in addition to required reporting under policies 4040/7310, Student-Staff Relations, and 4240/7312, Child Abuse and Related Threats to Child Safety, where the conduct at issue requires a report under either of those policies.

3. Reporting by Others

All other members of the school community are strongly encouraged to report any act that may constitute an incident of sexual harassment in violation of this policy to the school principal, the Title IX coordinator, or the superintendent.

4. Content of the Report

To the extent possible, reports should be sufficient to put school officials on notice of conduct that could constitute sexual harassment.  Employees making mandatory reports should provide as much detail about the alleged sexual harassment as is known, unless such disclosure would violate law or standards of professional ethics.  Reports, other than mandatory reports by employees, may be made anonymously, but anonymous reports may limit the school system’s ability to respond fully if the alleged victim is not identified.

5. Time Period for Making a Report

Reports by students and third parties can be made at any time.  During non-business hours, reports can be made by using the contact information for the Title IX coordinator provided on the school system’s website and in policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex.  A report should be made as soon as possible after disclosure or discovery of the facts giving rise to the report.  Delays in reporting may impair the ability of school officials to investigate and respond to any subsequent formal complaint.

School employees and board members with actual knowledge of sexual harassment must report that information immediately, as provided in subsection C.2 above.

4. School Officials’ Response to Actual Knowledge of Sexual Harassment

As required to meet the school system’s obligations under Title IX, school officials shall respond promptly and impartially to actual knowledge of alleged sexual harassment in a manner that is not deliberately indifferent.  A response that is not deliberately indifferent is one that is not clearly unreasonable in light of the known circumstances and includes, at a minimum, the provision of supportive measures to the complainant, as described in this section. 

Consistent with this duty, school officials shall respond to all reports of conduct that could constitute sexual harassment in accordance with this section.  However, a report alleging conduct that is not sexual harassment as defined in this policy is not subject to this policy but may be referred to appropriate school officials as a possible violation of other board policies.

1. Title IX Coordinator Initiates Interactive Process with Complainant

Upon receiving a report of alleged sexual harassment, the Title IX coordinator shall promptly contact the complainant and the complainant’s parent or guardian confidentially.  This contact must occur within three days, excluding weekends, absent extenuating circumstances.  The Title IX coordinator shall also notify the principal of the report and, if an employee is the complainant or respondent, the senior human resources official or designee. 

When contacting the complainant and parent or guardian, the Title IX coordinator shall do all of the following during the contact and shall document the same:

1. offer supportive measures;
2. consider the complainant’s wishes with respect to supportive measures;
3. explain that supportive measures are available with or without the filing of a formal complaint; and 
4. explain the process for filing a formal complaint with the Title IX coordinator and the response required of the school system when a complaint is filed, including all the following:
   1. that a formal complaint will initiate the grievance process described in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process;
   2. that a formal complaint may be filed with the Title IX coordinator in person, by mail, or by electronic mail;
   3. the major steps in the grievance process, including (1) a notice of the allegations that will be provided to the respondent that includes identification of the complainant and the allegations made; (2) an investigation of the allegations of sexual harassment in which both parties will have opportunity to have an advisor, present witnesses, review evidence, pose written questions of the other party, and receive a copy of the investigative report; (3) a decision on responsibility in which a decision-maker objectively evaluates all relevant evidence and determines whether the respondent engaged in the alleged sexual harassment in violation of this policy; and (4) the opportunity for either party to appeal the decision;
   4. the approximate time frame for concluding the grievance process;
   5. that school officials will treat both parties equitably by (1) providing remedies to the complainant if the respondent is found responsible, and (2) by not imposing disciplinary sanctions on the respondent without first following the grievance process set forth in policy 1726/4036/7237;
   6. the circumstances under which a formal complaint might be consolidated with other formal complaints or dismissed; and
   7. that the Title IX coordinator may have an obligation to initiate the grievance process in the absence of a formal complaint filed by the complainant and the time frame in which that decision will be made.

2. Title IX Coordinator Arranges Implementation of Supportive Measures

After considering the complainant’s wishes, the Title IX coordinator shall arrange the effective implementation of appropriate supportive measures unless, in the exercise of good judgment, the Title IX coordinator determines that supportive measures should not be provided.  If supportive measures are not provided to the complainant, the Title IX coordinator shall document why supportive measures were not provided and why not providing supportive measures is not deliberately indifferent to known sexual harassment.

If the complainant is a student with a disability, the Title IX coordinator may need to consult with appropriate school personnel to determine whether adjustments to the student’s IEP or Section 504 plan are needed to implement any supportive measures to be provided and/or whether the student’s plan necessitates any adjustment to the proposed supportive measures. 

3. Title IX Coordinator Determines Whether to Sign a Formal Complaint

If the complainant declined to file a formal complaint within the designated time period following the interactive process described above, the Title IX coordinator shall determine on a case-by-case basis whether to sign, i.e., file, a formal complaint to initiate the grievance process.

The Title IX coordinator should file a formal complaint (1) if the respondent is a school employee and the complainant is a student; and (2) in other cases where, in the exercise of good judgment and in consultation with the school attorney as appropriate, the coordinator determines that a grievance process is necessary to comply with the obligation not to be deliberately indifferent to known allegations of sexual harassment.  Credibility or merit of the complaint shall not be considered in making the determination.

A decision by the Title IX coordinator to sign a formal complaint is not to be construed as supportive of the complainant or in opposition to the respondent or as an indication of whether the allegations are credible or have merit, or whether there is evidence sufficient to determine responsibility.  Signing a formal complaint does not make the Title IX coordinator a complainant or party to the complaint nor relieve the Title IX coordinator from any responsibilities under this policy.

The Title IX coordinator shall document the decision of whether to sign a complaint and the reasons for that decision.

4. Presumption of Non-responsibility of Respondent and Bar on Disciplinary Sanctions without Due Process

The respondent identified in any report alleging sexual harassment under this policy will be presumed not responsible for the alleged conduct until the respondent’s responsibility is conclusively established through the grievance process outlined in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process. 

No disciplinary sanction or other action that is not a supportive measure, including but not limited to (1) short or long-term suspension, expulsion, or transfer to an alternative school or program for student-respondents and (2) suspension, demotion, or dismissal for employee-respondents, may be imposed for a violation of this policy unless the respondent agrees to a specific disciplinary sanction or action in an informal resolution or has been determined to be responsible for the sexual harassment at the conclusion of a grievance process that complies with the process in policy 1726/4036/7237.  An employee-respondent, however, may be placed on administrative leave during the pendency of the grievance process if consistent with applicable state and federal laws.

Notwithstanding the limitation just described, respondents are subject to emergency removal as described in the next paragraph.

5. Emergency Removal of Respondent from School or Employment

Any respondent is subject to removal from the school system’s education program and activities, or any part of the program or activities, on an emergency basis if a school-based threat assessment team conducts an individualized safety and risk analysis and determines that removal is justified because the person poses an immediate health or safety threat to any person arising from the allegations of sexual harassment.  A removal under this subsection includes a transfer of a student to an alternative education program consistent with policy 3470/4305, Alternative Learning Programs/Schools.  A schedule change, and/or removing a student from an extracurricular activity is also considered a removal under this subsection where such action would not otherwise constitute a supportive measure.

The emergency removal may take place regardless of whether a formal complaint has been filed.  However, any such removal must be consistent with federal and state law, including any applicable law protecting the rights of individuals with disabilities.  The respondent shall receive notice of the removal and an opportunity to challenge the decision in an informal hearing with the superintendent or designee immediately following the removal. 

An employee may be placed on administrative leave with or without pay during the pendency of the grievance process set out in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process, if consistent with state law and in accordance with any applicable requirements of state law.  

The superintendent or designee shall document all emergency removal decisions under this subsection, including the immediate threat to health or safety that justified the removal.

6. Supportive Measures

Supportive measures will be available to both the complainant and respondent before or after the filing of a formal complaint or where no formal complaint has been filed.  Supportive measures will remain confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures.  The Title IX coordinator is responsible for coordinating the effective implementation of supportive measures.

5. Grievance Process for Formal Complaints

The grievance process for formal complaints of sexual harassment under this policy is set out in policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process.  The policy also provides an informal resolution process for complainants who seek an alternate means of resolution to their complaint.

As described in subsection D.3 above, the Title IX coordinator may also initiate the grievance process, as needed.

6. Records

The Title IX coordinator shall create and maintain for a period of seven years records of all reports and formal complaints of sexual harassment.  For each report or formal complaint, the coordinator shall document the following:

1. any actions, including any supportive measures, taken in response to the report or formal complaint;
2. that school officials have taken measures that are designed to restore or preserve equal access to the school system’s education program and activities;
3. why school officials believe their response to the report or complaint was not deliberately indifferent; and
4. if supportive measures were not provided to the complainant, why that was not clearly unreasonable in light of the known circumstances.

In conjunction with the superintendent, the Title IX coordinator shall also maintain for seven years all materials used to train the Title IX coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process.  These materials will be made publicly available on the school system’s website.

Legal References: Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., 34 C.F.R. pt. 106; Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998); Davis v. Monroe County Board of Education, 526 U.S. 629 (1999); G.S. 115C-335.5

Cross References: Discrimination and Harassment Prohibited by Federal Law (policy 1710/4020/7230), Title IX Nondiscrimination on the Basis of Sex (policy 1720/4030/7235), Title IX Sexual Harassment Grievance Process (policy 1726/4036/7237), Bullying and Harassing Behavior Prohibited (policy 1735/4329/7311), Alternative Learning Programs/Schools (policy 3470/4305), Staff-Student Relations (policy 4040/7310), Child Abuse and Related Threats to Child Safety (policy 4240/7312)

Adopted: 

Revised: April 7, 2025

Policy Code: 1726/4036/7237 Title IX Sexual Harassment Grievance Process

The process provided in this policy is designed for those who believe that they have been sexually harassed in violation of policy 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, and wish to file a formal complaint.  School officials shall follow the grievance process established in this policy when responding to all formal complaints of sexual harassment.

The superintendent is responsible for notifying students and their parents or legal guardians, employees, and applicants for admission or employment of this policy and ensuring that each principal or site supervisor provides a copy of this policy to these persons. 

1. Definitions

All definitions in policy 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, are incorporated by reference and have the same meaning when used in this policy, including all references to “sexual harassment” in this policy.

 The following additional definitions apply in this policy.

1. Investigator 

The investigator is the school official responsible for investigating and responding to a formal complaint. 

2. Decision-Maker

The decision-maker is the school official responsible for making a determination regarding responsibility in response to an investigation of sexual harassment triggered by a formal complaint. 

3. Investigative Report

The investigative report is a written account of the findings of the investigation conducted in response to a formal complaint.

4. Remedies

Remedies are individualized measures provided to a complainant designed to restore or preserve the complainant’s equal access to the education program and activities of the school system when a respondent is found responsible for sexual harassment.

Remedial measures available to a complainant following a determination of responsibility include counseling, mental health services referral, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, escort services, mutual or one-way restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other measures determined by school officials to be necessary to restore or preserve the complainant’s equal access to the education program and activities, regardless of whether such measures impose a burden on the respondent or are punitive or disciplinary in nature. 

5. Disciplinary Sanctions

Disciplinary sanctions are consequences imposed on a respondent when the respondent is found responsible for sexual harassment. 

2. Filing a Formal Complaint to Initiate the Grievance Process

A formal complaint initiates the grievance process.

1. Individuals Who May File a Formal Complaint
   1. Eligible Complainants

Eligible individuals who believe that they have been sexually harassed in violation of policy 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, may initiate the grievance process for alleged sexual harassment by filing a formal written complaint with the Title IX coordinator.  To be eligible to file a formal written complaint, the complainant must be participating in or attempting to participate in the education program or activities of the school system at the time of filing.

2. The Title IX Coordinator

If the complainant does not wish to file a formal complaint and the matter has not been adequately resolved through the provision of supportive measures, the Title IX coordinator may initiate the grievance process by signing a formal complaint.  In accordance with law, only the complainant and the Title IX coordinator may initiate the grievance process; no other individuals or school officials shall have authority to do so.

2. Time Period for Filing a Formal Complaint

There is no deadline for filing a complaint.  A complaint should be filed as soon as possible after the conduct occurs, preferably within 30 days after the complainant becomes aware of the alleged sexual harassment, unless the conduct forming the basis for the complaint is ongoing.  School officials will initiate the grievance process regardless of when the formal complaint is submitted, but delays in reporting may significantly impair the ability of school officials to investigate and respond to the allegations.

In addition, in some circumstances it may be necessary for the Title IX coordinator to sign a formal complaint to initiate the grievance process in order to meet the school system’s legal obligations when the coordinator is aware of sexual harassment or alleged sexual harassment and the complainant has not yet filed a formal complaint.  The Title IX coordinator can do so at any time.

3. Contents of the Formal Complaint

The complaint should (1) contain the name and address of the complainant and the student’s parent or guardian if the complainant is a minor student, (2) describe the alleged sexual harassment, (3) request an investigation of the matter, and (4) be signed by the complainant or otherwise indicate that the complainant is the person filing the complaint. 

4. How to File the Formal Complaint

The complaint may be filed with the Title IX coordinator in person, by mail, or by email.  Complaint forms may be obtained from the Title IX coordinator or on the school system website. 

5. School System’s Response to Receipt of the Formal Complaint
   1. Upon receipt of a formal complaint of sexual harassment, the Title IX coordinator shall engage in an interactive process with the complainant, consider the provision of supportive measures in light of the complainant’s wishes, provide supportive measures as appropriate, and otherwise fulfill the requirements of Section D of policy 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, unless the Title IX coordinator has already done so in response to an initial report of the same allegation of sexual harassment.
   2. School officials reserve the right to consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.  The Title IX coordinator shall advise the complainant if the formal complaint will be consolidated with others.
   3. The formal complaint initiates the grievance process as described below.

3. General Principles of the Grievance Process for Formal Complaints

To ensure a complete, thorough, and fair grievance process for formal complaints of sexual harassment, school officials responsible for the investigation, adjudication, or appeal of a formal complaint of sexual harassment shall comply with the following requirements.  Failure by any school official to comply with these requirements or other standards or procedures established in this policy is cause for disciplinary action.

1. Equitable Treatment

Complainants and respondents must be treated equitably throughout the grievance process.  Relevant evidence collected in the investigation of a formal complaint must be evaluated objectively.  No individual designated as a Title IX coordinator, investigator, decision-maker, or appeal decision-maker will have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.  Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. 

The complainant and respondent shall be provided an equal opportunity to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney.  If a party elects to be represented by an attorney, the party should notify school officials in advance so that an attorney for the school system may also be present.  Any restrictions on advisor participation in any proceeding must be applied equally to both parties. 

The complainant and respondent will both be provided a description of the range of supportive measures available to them. 

2. Adequate Training

The Title IX coordinator, and all persons serving as Title IX investigators, decision-makers, or appeal decision-makers shall receive training on what constitutes sexual harassment, the scope of the school system’s education program and activities, how to conduct an investigation and grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.  Decision-makers will be trained on any technology to be used at a live hearing and on issues of relevance of questions and evidence. 

Materials used to train coordinators, investigators, decision-makers, and appeal decision-makers will not rely on sex stereotypes and shall promote impartial investigations and adjudications of sexual harassment.  Copyright restrictions will be taken into consideration in selecting training materials in order to comply with the school system’s legal obligation to make all training materials available on the school system’s website. 

3. Presumption of Non-Responsibility/Innocence

At all times prior to a determination regarding responsibility by the decision-maker, there will be a presumption that the respondent is not responsible for the alleged conduct. 

4. Burden of Proof and Production of Evidence

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility will at all times rest on the school system and not on the complainant or respondent.  Formal rules of evidence shall not apply in the grievance process.

5. Written Notice of Meetings and Other Proceedings

Parties whose participation is invited or expected at any hearing, investigative interview, or other meeting will be provided written notice of the event’s date, time, location, participants, and purpose with sufficient time for the party to prepare to participate. 

6. Confidentiality and Privacy

The school system will keep confidential the identity of any individual who has made a report or formal complaint of sexual harassment, any complainant, any respondent, and any witness, except as may be permitted by FERPA, as required by law, or as necessary to carry out a Title IX proceeding.  A violation of this provision may constitute retaliation.

All meetings, hearings, or other proceeding conducted pursuant to this policy will be private except to the extent that the parties are permitted to be accompanied by others as provided in subsection C.1 above.

School officials shall not access, consider, disclose, or otherwise use a party’s medical, mental health, or other records that are made or maintained by a professional or paraprofessional in connection with the provision of treatment to the party without the party’s voluntary written consent.

7. No Disclosure of Privileged Information

No person acting on behalf of the school system shall require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. 

8. Timeliness of Process

School officials shall make a good faith effort to conduct a fair, impartial grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution.  It is expected that in most cases, the grievance process will be concluded through the adjudication phase within 90 days after filing the formal complaint.  The board reserves the right to extend this time frame or any deadline contained in this policy for good cause with written notice to the parties of the delay and the reason for the delay.  Good cause may include but is not limited to the absence of the parties or witnesses, concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities.

The Title IX coordinator or other responsible school official shall make reasonable efforts to keep the complainant and respondent apprised of progress being made during any period of delay.

4. The Grievance Process for Formal Complaints: Part I – Investigation
   1. Step 1 – Notice of Allegations
      1. Upon the filing of a formal complaint, the Title IX coordinator shall, within five school business days, provide the known parties written notice of the allegations that includes:
         1. notice of the allegations of sexual harassment in sufficient detail to permit the parties to prepare a response before any initial interview, including:

a) the identities of the parties involved, if known;

b) the conduct allegedly constituting sexual harassment; and

c) the date and location of the alleged incident, if known;

2. a copy of this policy to give notice of the school system’s grievance process, including the investigative and adjudication procedures, and any informal resolution process available;
3. notice that the parties may have an advisor of their choice and that either party may inspect and review any evidence;
4. notice of the provision in board policy 4340, School-Level Investigations, that prohibits students and employees from knowingly making false statements or knowingly submitting false information during the grievance process; and
5. a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process. 

2. If during the investigation, the investigator decides to investigate allegations of sexual harassment not included in the initial notice provided above, notice of the additional allegations will be provided to the parties.

2. Step 2 – Review Grounds for Dismissal of the Formal Complaint

The Title IX coordinator shall review the allegations and determine whether the formal complaint must be dismissed without further investigation because the conduct alleged in the formal complaint, even if assumed true, would not constitute sexual harassment as defined in this policy, did not occur in the school system’s education program or activities, or did not occur against a person in the United States.  Such a dismissal does not preclude action under another provision of the Code of Student Conduct, board policy, or expected standards of employee behavior.  The complaint will not be dismissed at this stage on the basis that the allegations are frivolous, without merit, or otherwise unfounded.

Upon a dismissal, the Title IX coordinator must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.  The parties have the right to appeal the decision as provided in Section F.

The Title IX coordinator shall refer the matter that was the subject of the dismissed complaint to the principal for further action as warranted.

3. Step 3 – Initiating the Investigation

If the complaint may proceed, the Title IX coordinator shall notify the appropriate investigator, who shall investigate the formal complaint.

1. In order to provide a neutral and objective investigation, the investigator shall not be a party to the complaint under investigation.  The investigator of a formal complaint is ordinarily determined as described below; however, the Title IX coordinator, in consultation with the superintendent, may determine that conflict of interest, bias, or other individual circumstances warrant the assignment of a different investigator. 
   1. If the respondent is a student, the investigator is the principal or designee of the school with jurisdiction over the incident.
   2. If the respondent is an employee or applicant for employment, the investigator is the senior human resources official or designee.
   3. If the respondent is neither a student nor an employee/applicant for employment, the principal of the school/site supervisor at which the complainant is enrolled or employed shall be the investigator.
   4. Notwithstanding the above designations, (1) if the respondent is the senior human resources official, the superintendent shall investigate the complaint; (2) if the respondent is the superintendent or a member of the board, the Title IX coordinator shall immediately notify the board chair who shall direct the board attorney to investigate, unless the board chair determines that outside counsel should be engaged to investigate.
2. The investigator may request assistance from the Title IX coordinator to conduct the investigation. 
3. The Title IX coordinator and the investigator shall jointly assess the need for supportive measures for either party, including assessing the effectiveness of any supportive measures currently being provided to the complainant, and, as necessary, will implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation and prior to a final determination regarding responsibility.  Supportive measures provided to the complainant or respondent will be maintained as confidential to the extent that maintaining such confidentiality does not impair the ability to provide the supportive measures.
4. The investigator shall explain the process of the investigation to the complainant and respondent.

4. Step 4 – Conducting the Investigation

The investigator is responsible for gathering evidence sufficient to reach a determination of whether the allegations in the formal complaint are true and whether the facts as determined by the investigator establish that sexual harassment as defined in this policy occurred.  In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint. 

1. The investigator shall interview all individuals who may have relevant information, including (1) the complainant; (2) the respondent; (3) individuals identified as witnesses by the complainant or respondent; and (4) any other individuals who are thought possibly to have relevant information.  Prior written notice shall be provided to a party whose participation is invited or expected for any investigative interview or meeting in accordance with subsection C.5 above.  The investigator shall provide the complainant and respondent an equal opportunity to present fact and expert witnesses and other evidence tending to prove or disprove the allegations.
2. The investigator shall ensure that the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the school system and not on the complainant or respondent.
3. The investigator shall not restrict the ability of either party to gather and present relevant evidence or to discuss the allegations under investigation.
4. The formal complaint and the investigation will be kept confidential to the extent possible.  Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information.  Any requests by the complainant or respondent for further confidentiality will be evaluated within the context of the legal responsibilities of the school system.

The investigator may, with approval of the Title IX coordinator, dismiss the formal complaint or any allegations therein if at any time during the investigation or decision-making process: (1) the complainant notifies the Title IX coordinator in writing that he or she would like to withdraw the formal complaint or any allegations therein; (2) the respondent is no longer enrolled or employed by the school system; or (3) specific circumstances prevent school officials from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.  Upon dismissal, the Title IX coordinator shall promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.  The parties have the right to appeal the decision as provided in Section F. 

The investigator may consider the matter that was the subject of the dismissed complaint for action in accordance with board policy for violation of other expected standards of student or employee behavior.

5. Step 5 – Investigative Report and Opportunity to Review Evidence
   1. The investigator shall prepare an investigative report that fairly summarizes the relevant evidence.
   2. Before completing the final report, the investigator shall send to each party and the party’s advisor, if any, in hard copy or electronically, all the evidence collected which is directly related to the allegations raised in the formal complaint.  The parties shall have 10 days to submit a written response for the investigator’s consideration before the investigator finalizes the investigative report.
   3. Following the parties’ opportunity to respond to the written evidence, the investigator shall finalize the written investigative report, including a recommendation on the question of responsibility and any recommended discipline sanction. 
   4. The investigator shall provide a copy of the report to each party and the party’s advisor, if any, for their review and written response.  The investigator shall also notify the parties of the opportunity to submit written questions to the other party and witnesses as provided in subsection E.2 below.  The parties shall have 10 days to provide a written response to the investigative report, along with the party’s initial set of written questions.
   5. The investigator shall provide to the decision-maker a copy of the investigative report, the relevant evidence, and the parties’ written responses to the report and initial sets of written questions. 

The investigator shall also provide a description of the procedural steps taken, starting with the receipt of the formal complaint and continuing through the preparation of the investigative report, and including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence.

5. The Grievance Process for Formal Complaints: Part II – Adjudication

The superintendent or designee (hereinafter “superintendent”) shall serve as the decision-maker.  In his or her role as decision-maker, the superintendent shall provide for the exchange of questions between the parties and a decision on responsibility in a manner consistent with state law and as provided below.

1. Step 1 – Student’s Opportunity to Request a Hearing

In cases where the respondent is a student, after the investigative report has been sent to the parties, both parties shall have three school business days to request a hearing.  If either party requests a hearing, the long-term suspension hearing procedures described in policy 4370, Student Discipline Hearing Procedures, shall be followed, except that (1) both parties shall have the right to participate in the hearing to the extent required by Title IX; (2) all the evidence sent to the parties pursuant to subsection D.5.b above will be made available at the hearing to give each party equal opportunity to refer to such evidence during the hearing; and (3) prior to the hearing, both parties shall have a limited opportunity to submit and respond to written questions and follow-up questions as provided below.   

2. Step 2 – Exchange of Questions and Answers

Whether or not there will be a hearing and regardless of whether the respondent is a student, after the parties are sent the investigative report, the superintendent shall provide the parties an opportunity to submit written, relevant questions that the party wants asked of any other party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party in accordance with a reasonably prompt time frame established by the superintendent.  The parties shall submit their initial set of written questions at the time they submit their response to the investigative report as described in subsection D.5.d above.

1. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior will be considered not relevant, 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 if the questions and evidence concern specific incidents of the complainant’s sexual behavior with respect to the respondent and is offered to prove consent. 
2. The superintendent must explain to the party proposing the questions any decision to exclude questions as not relevant.

3. Step 3 – Decision on the Question Regarding Responsibility

Following the exchange of questions and/or hearing as described above, the superintendent shall decide the question regarding responsibility, any disciplinary action, and any other measures the superintendent deems appropriate.  The superintendent shall consider all the relevant evidence objectively, including evidence in the investigative report, any testimony of witnesses at the hearing, if one was held, and any additional information provided by the parties through the exchange of questions and responses as provided in subsection E.2 above.  

Based on an objective evaluation of the evidence, the superintendent shall determine whether the preponderance of the evidence supports a finding that the respondent is responsible for sexual harassment in violation of board policy, and if so, what disciplinary sanction will be imposed.  Remedies will be provided to the complainant if the respondent is found responsible.   

4. Step 4 – Written Determination Regarding Responsibility

The superintendent shall issue a written determination regarding responsibility simultaneously to both parties that includes:

1. identification of the allegations potentially constituting sexual harassment under board policy;
2. a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. findings of fact supporting the determination;
4. conclusions regarding the application of board policy and/or the Code of Student Conduct or expected standards of employee behavior to the facts, including whether the respondent engaged in prohibited sexual harassment or other proscribed conduct;
5. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent (which may be a recommendation to the board for discipline that is beyond the authority of the superintendent or other decision-maker), and whether remedies designed to restore or preserve equal access to the school system’s education program and activities will be provided to the complainant;
6. the procedures and permissible bases for the complainant and respondent to appeal; and 
7. any other notices that are required to accompany the decision under state law, such as when the superintendent imposes a long-term suspension or recommends dismissal of an employee.

6. Grievance Process for Formal Complaints: Part III – Appeal

The parties shall have the right to appeal to the board of education the determination regarding responsibility, the outcome of any disciplinary proceeding, and any dismissal of a formal complaint or any allegations therein.  If a party appeals both the determination regarding responsibility and the outcome of a disciplinary proceeding, both matters will be heard by the board at the same time.  If both parties appeal, the appeals will be heard at the same time.

1. Deadline and Grounds for Appeal

Either party may appeal by submitting a request in writing to the superintendent within three school business days of receiving the determination regarding responsibility, unless the party is entitled to a longer appeal period under state law or board policy.  Any longer appeal period applicable to one party shall apply equally to the other party.  The grounds for appeal may be any of the following: 

1. procedural irregularity that affected the outcome of the matter;
2. 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;
3. the Title IX coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter;
4. the disciplinary sanction is inappropriate or unreasonable; or
5. any other basis provided by law or board policy governing appeals to the board.

2. Notice of the Appeal

In all appeals, the other party will be notified in writing when an appeal is filed and be provided a copy of the appeal.

3. Appeal Procedures
   1. The board will hear the appeal.  Unless otherwise required by law, the board may designate a panel of two or more board members to hear and act on behalf of the board.
   2. Appeal procedures will be implemented equally for both parties and will follow the procedures in policy 2500, Hearings Before the Board, modified as necessary to allow equal participation of the parties. 

If the appeal includes an appeal of a disciplinary sanction, the procedures in policy 4370, Student Discipline Hearing Procedures; policy 7940, Classified Personnel: Suspension and Dismissal; or policy 7930, Professional Employees: Demotion and Dismissal, shall also apply as applicable.

3. After the notice of appeal is provided, both parties will be given 10 days to submit a written statement in support of, or challenging, the outcome.  If the basis of the appeal is newly available evidence affecting the outcome, the party shall submit such evidence or a summary of such evidence along with the party’s written statement.
4. The board will review the record and the written argument of the parties submitted on appeal, determine whether additional information is needed from any party, and take any other steps that the board determines to be appropriate in order to respond to the appeal. 

4. Decision on Appeal
   1. After considering the record and written statements of the parties, the board will determine whether the grounds for the appeal have been substantiated.
   2. If substantiated, the board will determine the appropriate response, which may include a remand for a new investigation, a new decision, or both, or such other action as the board determines is needed to correct the error in the original proceedings.  
   3. The board will provide a written decision describing the results of the appeal and rationale for the result within thirty days after receiving the appeal unless the decision is delayed for good cause.  The written decision will be provided simultaneously to both parties.
5. When the Decision Becomes Final

If an appeal is timely filed, the determination regarding responsibility becomes final at the conclusion of the appeal process.  However, if the decision on appeal is remand, the determination regarding responsibility does not become final until that process, including any appeal of the proceedings on remand, is concluded.  If an appeal is not filed, the determination regarding responsibility becomes final after the three-day appeal period. 

The superintendent shall ensure that a copy of the final decision is provided to the Title IX coordinator and shall confer with the Title IX coordinator regarding any remedies to be provided to the complainant, as described in subsection G.4 below.

7. Disciplinary Consequences, Remedies, and Other Responses for Substantiated Sexual Harassment
   1. Disciplinary Consequences for Students

Disciplinary consequences for substantiated sexual harassment will be assigned in accordance with the Code of Student Conduct.  Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion.  In addition, the conduct also may be reported to law enforcement, as appropriate. 

A student recommended for a long-term suspension or expulsion will have all applicable rights accorded by board policy and state law.  A student with disabilities will have all rights accorded by law, including the right to a manifestation hearing before the imposition of a suspension exceeding 10 cumulative days in a school year.

This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.  However, false or malicious complaints of sexual harassment and false statements made in bad faith in the course of any grievance proceeding conducted pursuant to this policy are subject to disciplinary action.

Nothing in this policy will preclude the school system from taking disciplinary action against a student when the evidence does not establish sexual harassment as defined in this policy but the conduct violates other board policy and/or the Code of Student Conduct.

2. Disciplinary Consequences for Employees

Substantiated sexual harassment by employees is subject to discipline up to and including dismissal.  In addition, the conduct may also be reported to law enforcement, as appropriate. 

An employee recommended for suspension, demotion, or dismissal shall have all applicable rights accorded by board policy and state law. 

Nothing in this policy will preclude the school system from taking disciplinary action against an employee when the evidence does not establish sexual harassment as defined in this policy, but the conduct violates other board policy or expected standards of employee behavior. 

3. Consequences for Other Perpetrators

Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement, as appropriate, in accordance with policy 5020, Visitors to the Schools.  A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate.  Nothing in this policy will be construed to confer on any third party a right to due process or other proceedings to which student and employee respondents are entitled under this policy unless such right exists under law. 

4. Remedies

At the conclusion of the grievance process, the superintendent or other decision-maker shall confer with the Title IX coordinator to determine the remedies to be provided to the complainant when the respondent is found responsible for sexual harassment.  The Title IX coordinator shall consult with the complainant in determining appropriate remedies.

The Title IX coordinator shall be responsible for the effective implementation of the remedies to be provided to the complainant.

5. Consideration of Need for More Extensive Response

If the superintendent determines that a school-wide or system-wide response is needed in order to respond to the sexual harassment in a way that is not clearly unreasonable under the circumstances, the superintendent shall provide additional staff training, harassment prevention programs, or such other measures as determined appropriate to protect the safety of the educational environment and/or to deter sexual harassment.

8. Informal Resolution

The board provides informal resolution processes to resolve some formal complaints of sexual harassment without a full investigation and adjudication.  Informal resolution is not available unless a formal complaint is filed and will not be used to resolve formal complaints alleging that an employee sexually harassed a student.  Further, school officials shall never condition an individual’s enrollment, employment, or other rights on an agreement to waive the individual’s right to a formal investigation and adjudication of a formal complaint.

The Title IX coordinator, or other school official in consultation with the Title IX coordinator, may offer the parties an informal process to resolve a formal complaint at any time prior to reaching a final determination regarding responsibility.  Before using an informal resolution process, school officials must ensure that both parties have given voluntary, informed, written consent to attempt informal resolution.  Accordingly, the Title IX coordinator, investigator, or decision-maker shall:

1. provide the parties (including the parent of a minor) a written notice disclosing:
   1. the allegations;
   2. the nature and requirements of the informal resolution process, including that if the parties agree to a resolution of the matter, the agreement precludes either party from resuming a formal complaint process arising from the same allegations; and
   3. any consequences that could result from participating in the informal resolution process, including whether records will be maintained and could be shared; and
2. obtain the parties’ voluntary, written consent to the informal resolution process. 

Any agreement reached by the parties through informal resolution may include measures that are designed to restore or preserve the parties’ equal access to the education program and activities, including measures that may be punitive or disciplinary in nature.

Any informal process should be completed within a reasonable period of time, not to exceed 60 days from filing the complaint unless special circumstances necessitate more time.  At any time prior to agreeing to 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. 

9. Retaliation Prohibited

Any act of retaliation or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or filed a formal complaint or testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing involving sexual harassment is prohibited.  Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal.  Acts of retaliation may also be subject to policy 1760/7280, Prohibition Against Retaliation.

Complaints alleging retaliation are to be treated as claims of sex discrimination and may be filed in accordance with policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex.

10. Records

The superintendent or designee shall maintain for a period of seven years records of the following:

1. each sexual harassment investigation including:
   1. any determination regarding responsibility;
   2. any audio or audiovisual recording or transcript from any live hearing;
   3. any disciplinary sanctions imposed on the respondent; and
   4. any remedies provided to the complainant designed to restore or preserve equal access to the school system’s education program and activities;
2. any appeal and the result therefrom;
3. any informal resolution and the result therefrom; and
4. in conjunction with the Title IX coordinator, all materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.  These materials will be made publicly available on the school system’s website.

Adopted: May 5, 2025

Policy Code: 1720/4030/7235 Title IX Nondiscrimination on the Basis of Sex

The school system does not discriminate on the basis of sex in its education programs or activities and is required by Title IX of the Education Amendments Act of 1972 and federal regulations to not discriminate in such a manner.  This requirement extends to admission and employment.  The board will not tolerate discrimination on the basis of sex, including any form of sexual harassment as that term is defined under Title IX, in any program or activity of the school system.

1. Inquiries About Title IX

The board has designated a Title IX coordinator to coordinate its efforts to comply with its responsibilities under Title IX and its implementing regulations.  Inquiries about the application of Title IX and its implementing federal regulations may be referred to the Title IX coordinator and/or the Assistant Secretary for Civil Rights in the Office for Civil Rights at the U.S. Department of Education.

The contact information for the Title IX coordinator is as follows.

The Title IX Coordinator is: Courtney Blackburn

Office Address: 601 S. Main St.                         
                          PO Box 1029
                          Lillington, NC 27546

Email Address: cblackburn@harnett.k12.nc.us

Phone Number: 910-893-8151

2. Resolution of Grievances

The board has established grievance procedures that provide for the prompt and equitable resolution of complaints alleging discrimination on the basis of sex. Any person may report alleged discrimination on the basis of sex, other than sexual harassment, in a school system program or activity occurring against a person in the United States through the process provided in policy 1710/4020/7230, Discrimination and Harassment Prohibited by Federal Law.   The board has adopted additional means for reporting sexual harassment specifically.  Any person may report alleged sexual harassment in a school system program or activity occurring against a person in the United States in accordance with policy 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process.  Those who believe they have been sexually harassed may also file a formal complaint of sexual harassment in accordance with policy 1726/4036/7237, Title IX Sexual Harassment Grievance Process, to initiate a prompt and equitable resolution through a formal investigation and adjudication or through an informal resolution process.  The board encourages students, employees, and applicants to first make a report of sexual harassment in accordance with policy 1725/4035/7236 before filing a formal complaint.

3. Retaliation Prohibited

Retaliation against any person for the exercise of rights under Title IX or to interfere with those rights in any way is strictly prohibited and will subject the perpetrator to disciplinary action.  The identity of any person who has made a report or complaint of sex discrimination or sexual harassment or who is the alleged perpetrator of sex discrimination or sexual harassment will be confidential unless otherwise required or permitted by law.  Complaints alleging retaliation may be filed according to policy 1710/4020/7230, Discrimination and Harassment Prohibited by Federal Law.  

4. Notice of the Board’s Policy of Nondiscrimination Based on Sex

The superintendent is responsible for providing notice of the board’s nondiscrimination policy to students and their parents or legal guardians, employees, and applicants for admission or employment.  The superintendent shall also ensure that each principal or site supervisor makes a copy of this policy available to those persons.  In addition, the following must be posted on the school system website and included in all student and employee handbooks: (1) a statement of the board’s policy of nondiscrimination on the basis of sex; (2) contact information for the Title IX coordinator; and (3) a statement that Title IX inquiries may be referred to the Title IX coordinator or to the Assistant Secretary for Civil Rights.

Legal References: Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq.; 34 C.F.R. Part 106; Grimm v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020)

Cross References: Title IX Sex Discrimination – Prohibited Conduct and Grievance Procedures (policy 1725/4035/7236

Adopted: December 7, 2020,

Revised: November 14, 2022; August 5, 2024; April 7, 2025

Policy Code: 1710/4020/7230 Discrimination and Harassment Prohibited by Federal Law

The board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement.  The board prohibits discrimination on the basis of race, sex, color, national origin, religion, disability, or age (40 or older) in its education program, which includes all operations, services, and activities of the school system, and will provide equal access to the Boy Scouts and other designated youth groups as required by law.  In the context of employment, the board prohibits discrimination based on race, sex, color, national origin, religion, disability, age (40 or older), military affiliation, genetic information, or other unlawful grounds.

All forms of prohibited discrimination and harassment are subject to this policy except for sexual harassment in violation of Title IX of the Education Amendments Act of 1972, which is addressed separately in policies 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, and 1726/4036/7237, Title IX Sexual Harassment Grievance Process. 

Though claims of discrimination or harassment on the basis of disability, as specified in policy 1730/4022/7231, Nondiscrimination on the Basis of Disabilities, are subject to this policy, allegations regarding or related to the identification, evaluation, educational placement, or free appropriate public education of a student under Section 504 or the IDEA may be raised through the system of procedural safeguards established under policy 1730/4022/7231 (for Section 504 complaints) or in accordance with the procedures described in Parents Rights & Responsibilities in Special Education, published by the NC Department of Public Instruction (for IDEA complaints).

The board encourages all individuals who believe that they have been discriminated against or harassed in violation of this policy or who have reliable information that another person has been discriminated against or harassed in violation of this policy to report such conduct as soon as possible through the process provided in Section B below.  The board takes seriously all reports of unlawful discrimination and harassment and directs school officials to take prompt action to investigate and remedy violations of this policy.  The superintendent is responsible for ensuring that effective notice of this policy is provided to students, parents, employees, and all applicants for admission or employment.  

1. Prohibited Behavior

Students, school system employees, volunteers, and visitors are expected to behave in a civil and respectful manner.  The board expressly prohibits unlawful discrimination and harassment as defined below by students, employees, board members, volunteers, or visitors.  “Visitors” includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school system. 

1. Discrimination

Discrimination is any act or failure to act, whether intentional or unintentional, by an employee or agent of the school system that unreasonably and unfavorably differentiates treatment of others based solely on one or more of the legally-protected characteristics listed in the first paragraph of this policy so as to interfere with or limit their ability to participate in or benefit from the services, activities, or privileges offered by the school system’s education program. 

2. Harassment

Harassment is deliberate unwelcome conduct directed at another person or group of persons based on one or more of the legally protected characteristics listed in the first paragraph of this policy that creates a hostile environment or adversely affects a school system employee’s employment.  Harassment does not have to include intent to harm, be motivated by animus, be directed at a specific target, or involve repeated incidents.  Harassment creates a hostile environment when (1) the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a person’s ability to participate in or benefit from the services, activities, or opportunities offered by the school system or (2) the conduct is so severe or pervasive that an employee finds his or her working conditions to be abusive and a reasonable person in the employee’s position would conclude that the working conditions were abusive. 

Examples of behavior that may constitute harassment include, but are not limited to, acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, derogatory epithets, comments, or slurs, imitating a person’s disability-based limitations, mocking a person’s accent, making fun of a person’s religious garments, jewelry, or displays, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement, and visual insults, such as hate symbols or derogatory posters or cartoons.  Harassment may occur through electronic means, such as through the Internet, email, text message, or video calls.

Petty slights, annoyances, simple teasing, offhand comments, or isolated incidents (unless extremely serious) are not harassment under this policy.  Legitimate age-appropriate pedagogical techniques are not considered harassment, nor are reasonable performance management actions taken to direct and control how work is performed or to monitor and give feedback on work performance.  The exercise of legitimate authority administered in a professional and constructive manner is not harassment under this policy.

3. Application of the Policy

This policy applies to behavior that takes place: (1) in any school building or on any school premises before, during, or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) through the use of school system technological resources; (6) at any time or place when the individual is subject to the authority of school personnel; or (7) at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools or has consequences in the workplace contributing to a hostile work environment.

This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.

2. Reporting Discrimination or Harassment
   1. Reporting Suspected Discrimination or Harassment

Any person who believes that he or she has been discriminated against or harassed in violation of this policy or any third person who knows or suspects conduct that may constitute discrimination or harassment in violation of this policy should inform a school official designated in Section C below.  Reports also may be made anonymously, including through the anonymous tip line.

2. Mandatory Reporting by School Employees 

Any employee who witnessed or who has reliable information or reason to believe that another person may have been discriminated against or harassed in violation of this policy must report the offense immediately to an appropriate individual designated in Section C below.  Any doubt about whether particular conduct is possible discrimination or harassment under this policy or any other policy of the board must be resolved in favor of reporting the conduct.

Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator and it is safe to do so.  If an employee knows of an incident involving discrimination or harassment and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action, up to and including dismissal. 

3. Preliminary Inquiry

School officials may make a preliminary inquiry when a report is received to understand what occurred and to determine whether further action under this policy or otherwise is necessary. 

3. Complaints of Discrimination and Harassment
   1. Making a Complaint of Discrimination or Harassment

Any person who believes he or she is the victim of discrimination or harassment in violation of this policy, or any person who has witnessed or who has reliable information that another person has been subject to discrimination or harassment in violation of this policy, may request that school officials investigate and redress any such unlawful conduct by making a formal written complaint to any of the following persons: 

1. the principal or assistant principal of the school either the alleged victim or alleged perpetrator attends;
2. the principal, assistant principal, or site supervisor at the location where either the alleged victim or alleged perpetrator is employed;
3. the senior human resources official (or if the senior human resources official is the alleged perpetrator, the superintendent) if the alleged victim or alleged perpetrator is an employee or applicant for employment;
4. the Section 504 coordinator or the ADA coordinator for claims of discrimination on the basis of a disability;
5. the Title IX coordinator, as established in policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex, for claims of discrimination on the basis of sex; or
6. for claims of other forms of prohibited discrimination, the applicable civil rights coordinator as established in Section I of this policy.

If a written complaint alleges that the perpetrator is an employee, the school official receiving the complaint shall notify the senior human resources official without delay.

2. Addressing Complaints

A written complaint alleging that a student, employee, or applicant for employment has been discriminated against or harassed will be addressed in accordance with this policy. 

A written complaint alleging that a person who is not a student, employee, or applicant for employment has been discriminated against or harassed will be addressed in accordance with the general process for resolving complaints provided in policy 1742/5060, Responding to Complaints, not this policy.

3. Time Period for Making a Complaint

Alleged discrimination or harassment should be reported as soon as possible but no later than 30 days after disclosure or discovery of the facts giving rise to the complaint.  Complaints submitted after the 30-day period may be investigated; however, individuals should recognize that delays in reporting may significantly impair the ability of school officials to investigate and respond to such complaints.

4. School Officials’ Response to Reports and Complaints of Discrimination or Harassment
   1. Investigation

School officials shall investigate all formal written complaints received.  Reports of discrimination or harassment that are not followed by a formal written complaint may be investigated when necessary to remedy violations of this policy and may be investigated even if the alleged victim does not seek action by school officials.

1. The principal or designee or site supervisor will be the investigator when the alleged perpetrator is a student or third party.  The senior human resources official or designee will be the investigator when the alleged perpetrator is an employee.  The superintendent may determine that individual circumstances warrant the assignment of a different investigator. 

Notwithstanding the above designations, (1) if the alleged perpetrator is the senior human resources official, the superintendent will be the investigator, and (2) if the alleged perpetrator is the superintendent or a member of the board, the board chair shall direct the board attorney to investigate, unless the board chair determines that outside counsel should be engaged to investigate. 

2. As applicable, the investigator shall immediately notify the Section 504, ADA, Title IX, or other relevant coordinator of the complaint, and, as appropriate, may request assistance from the coordinator in conducting the investigation.
3. If the investigator, after interviewing the complaining party and/or the alleged victim and consulting with the board attorney, determines that the allegations submitted, even if factual, do not constitute discrimination or harassment as defined in this policy or policy 1730/4022/7231, Nondiscrimination on the Basis of Disabilities, school officials shall address the matter outside the scope of this policy.  Information regarding the investigator’s determination and any further avenues for addressing the complaint will be provided to the complaining party.
4. Any investigation conducted must be impartial, prompt, and thorough.  The investigator shall investigate the facts and circumstances related to the allegation(s) of discrimination or harassment and give the alleged perpetrator an opportunity to respond to the allegations. 

The investigator shall consider all the evidence collected, the context in which the alleged incidents occurred, the age and maturity of the parties, and any other relevant circumstances and, in consultation with the board attorney as appropriate, shall determine whether the alleged act(s) constitutes a violation of this policy, policy 1730/4022/7231, Nondiscrimination on the Basis of Disabilities, and/or any other board policy or expected standard of student or employee behavior. 

5. The complaint and investigation will be kept confidential to the extent possible and consistent with law.  Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. 

2. Investigator’s Findings
   1. If the investigator finds that discrimination or harassment occurred, the investigator shall take or recommend steps to address the discrimination or harassment.  The investigator shall assign or recommend appropriate disciplinary consequences for the perpetrator and/or take or recommend other reasonable measures to eliminate the discrimination or harassment, rectify any wrongful impacts, and prevent its recurrence.  
   2. If the investigator finds that the conduct did not violate this policy but violated policy 1735/4329/7311, Bullying and Harassing Behavior Prohibited, or another board policy or expected standard of conduct, the investigator shall assign or recommend discipline or other action appropriate to the violation.
   3. The investigator shall make a record of the evidence and findings of the investigation and the assigned or recommended discipline and/or other remedial action and provide a copy to the appropriate civil rights coordinator.  If the investigator recommends a disciplinary consequence or remedial action that is beyond his or her authority, the investigator shall provide a copy of the record to the superintendent for further action.
   4. The investigator shall inform the alleged victim and alleged perpetrator of the outcome of the investigation.
3. Steps to Reasonably End Discrimination or Harassment
   1. The superintendent is responsible for taking or causing appropriate action to be taken in response to discrimination and harassment in violation of this policy.  Appropriate action must include:
      1. reasonable, timely, age-appropriate corrective action intended to end the discrimination or harassment and prevent it from recurring;
      2. as needed, reasonable steps to address the effects of the discrimination or harassment on the victim; and
      3. as needed, reasonable steps to protect the victim from retaliation as a result of the complaint.
   2. Appropriate steps to end discrimination and harassment may include, but are not limited to, separating the parties, providing counseling for the parties, and/or taking disciplinary action against a perpetrator determined to have violated this policy.  The superintendent may take non-punitive measures to end or prevent instances of discrimination or harassment regardless of whether any individual has been found responsible for the discrimination or harassment.  The superintendent also may implement or direct the implementation of classroom-wide, school-wide, or school system-wide responses such as additional staff training, harassment prevention programs, and other measures reasonably calculated to end the behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior.
   3. The applicable civil rights coordinator shall encourage victims of discrimination and harassment to report any subsequent problems and may conduct follow-up inquiries as warranted to determine if there have been any new incidents of discrimination or harassment or any instances of retaliation.

5. Appeals
   1. Appeals to the Superintendent

The alleged victim may appeal the investigator’s decision to the superintendent (unless the alleged perpetrator is the superintendent, in which case the alleged victim may appeal directly to the board in accordance with the next subsection).  The appeal must be submitted in writing within three business days of receiving the notice of the outcome of the investigation.  The superintendent may review the documents, conduct any further investigation necessary, or take any other steps the superintendent determines to be appropriate in order to respond to the complaint.  The superintendent shall provide a written response within 10 business days after receiving the appeal, unless further investigation is needed. 

2. Appeals to the Board

Student victims or their parents may appeal the superintendent’s decision to the board in accordance with subsection E.5.a of policy 1740/4010, Student and Parent Grievance Procedure.  Victims who are employees or applicants for employment may appeal the superintendent’s decision to the board in accordance with subsection E.4.a of policy 1750/7220, Grievance Procedure for Employees.

3. Discipline Rights Provided by Law

Any student or employee subject to discipline for violating this policy will be accorded all rights provided by law.

6. Retaliation Prohibited

The board prohibits retaliation against any person for making a report or complaint of a violation of this policy, supporting someone for reporting or intending to report a violation of this policy, or participating in the investigation of a reported violation of this policy.  No reprisals will be taken by the board against a complaining party or other individual who makes a good faith report of discrimination or harassment. Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal.  Complaints alleging retaliation may be filed according to the grievance processes established in policies 1740/4010, Student and Parent Grievance Procedure, and 1750/7220, Grievance Procedure for Employees.  Acts of retaliation may also be subject to policy 1760/7280, Prohibition Against Retaliation.

7. Training and Programs

The board directs the superintendent to establish training and other programs that are designed to prevent discrimination and harassment and to foster an environment of understanding and respect for all members of the school community.  Information about the prohibited conduct and grievance procedure in this policy and those in policies 1725/4035/7236, Title IX Sexual Harassment – Prohibited Conduct and Reporting Process, and 1726/4036/7237, Title IX Sexual Harassment Grievance Process, must be included in the training plan.

As funds are available, the board will provide students, employees, and volunteers who have significant contact with students with additional training regarding the board’s efforts to address discrimination and harassment and will create programs to address these issues.  The training or programs should (1) provide examples of behavior that constitute discrimination or harassment; (2) teach employees to identify groups that may be the target of discrimination or harassment; and (3) train school employees to be alert to locations where such behavior may occur, including locations within school buildings, at school bus stops, on cell phones, and on the Internet.

8. Records

The superintendent or designee shall maintain confidential records of complaints or reports of discrimination or harassment.  The records must identify the names of all individuals accused of such offenses and the resolution of such complaints or reports.  The superintendent also shall maintain records of training conducted and corrective action(s) or other steps taken by the school system to provide an environment free of discrimination and harassment. 

9. Contacts for Inquiries

The superintendent has appointed individuals to coordinate the school system’s efforts to comply with and carry out its responsibilities under federal nondiscrimination laws, including investigating any complaints communicated to school officials alleging noncompliance with those laws.  Inquiries about the application of the nondiscrimination laws addressed in this policy may be referred to the designated civil rights coordinator and/or the Assistant Secretary for Civil Rights in the Office for Civil Rights at the U.S. Department of Education or the Equal Employment Opportunities Commission.

The contact information for the Title IX coordinator can be found in policy 1720/4030/7235, Title IX Nondiscrimination on the Basis of Sex.  The contact information for the other designated civil rights coordinators is as follows.

a.	The Section 504 Coordinator is: Jermaine White
	Office Address:	601 S. Main Street PO Box 1029 Lillington, NC 27546
	Email Address:	jwhite1@harnett.k12.nc.us
	Phone Number:	910-893-8151
b.	The ADA Coordinator is: April Hood
	Office Address:	1008 S. 11th Street PO Box 1029 Lillington, NC 27546
	Email Address:	ahood1@harnett.k12.nc.us
	Phone Number:	910-893-8151
c.	The Age Discrimination Coordinator is: Virginia Taylor
	Office Address:	601 S. Main Street PO Box 1029 Lillington, NC 27546
	Email Address:	vtaylor@harnett.k12.nc.us
	Phone Number:	910-893-8151
d.	The Coordinator for Other Non-discrimination Laws is: Virginia Taylor
	Office Address:	601 S. Main Street PO Box 1029 Lillington, NC 27546
	Email Address:	vtaylor@harnett.k12.nc.us
	Phone Number:	910-893-8151

Legal References: Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., 34 C.F.R. pt. 110; Americans with Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt. 35; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.; Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; Title II of the Genetic Information Nondiscrimination Act of 2008;  Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., 29 C.F.R. pt. 1604; Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq.; Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance, U.S. Department of Education, Office for Civil Rights (1994), available at https://www2.ed.gov/about/offices/list/ocr/docs/race394.html; Enforcement Guidance on Harassment in the Workplace, U.S. Equal Employment Opportunity Commission (April 2024), available at https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=; G.S. 115C-407.15 through -407.18; 126-16; 16 N.C.A.C. 6E .0107; Parent Rights & Responsibilities in Special Education, (N.C. Dept. of Public Instruction, Exceptional Children Division), available at https://www.dpi.nc.gov/parent-rights-handbook

Cross References: Title IX Nondiscrimination on the Basis of Sex (policy 1720/4030/7235), Title IX Sexual Harassment – Prohibited Conduct and Reporting Process (policy 1725/4035/7236), Title IX Sexual Harassment Grievance Process (policy 1726/4036/7237), Nondiscrimination on the Basis of Disabilities (policy 1730/4022/7231), Bullying and Harassing Behavior Prohibited (policy 1735/4329/7311), Student and Parent Grievance Procedure (policy 1740/4010), Responding to Complaints (policy 1742/5060), Grievance Procedure for Employees (policy 1750/7220), Prohibition Against Retaliation (policy 1760/7280), Hearings Before the Board (policy 2500), Staff-Student Relations (policy 4040/7310), School Plan for Management of Student Behavior (policy 4302), Visitors to the Schools (policy 5020), Community Use of Facilities (policy 5030)

Adopted: December 7, 2020

Revised: June 24, 2021, July 10, 2023; August 5, 2024; May 5, 2025