Title IX

 

The illustrations of harassment and sexual harassment above are not to be construed as an all-inclusive list of prohibited acts under this Policy. 

 

Prohibited Bullying 

 

Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. Bullying includes one or more acts committed by a student or group of students that may constitute sexual harassment, hate violence, or creates an intimidating and/or hostile educational environment, directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following: 

1. Placing a reasonable student 1 or students in fear of harm to that student’s or those students’ person or property. 
2. Causing a reasonable student to experience a substantially detrimental effect on the student’s physical or mental health. 
3. Causing a reasonable student to experience a substantial interference with the student’s academic performance. 
4. Causing a reasonable student to experience a substantial interference with the student’s ability to participate in or benefit from the services, activities, or privileges provided by Charter School. 

Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, video or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation. 

 

Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: 

 

1. A message, text, sound, video, or image. 
2. A post on a social network Internet Web site including, but not limited to: a. Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,” above. 
   1. Creating a credible impersonation of another actual student for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “Credible impersonation” means to knowingly and without consent impersonate a student for the purpose of bullying the student and such that another student would reasonably believe, or has reasonably believed, that the student was or is the student who was impersonated. 
   2. Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious student or a profile using the likeness or attributes of an actual student other than the student who created the false profile. 
   3. An act of “Cyber sexual bullying” including, but not limited to:
      1. The dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a student to another student or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
      2. “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. 
   4. Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasiveconduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.

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

 

Complaints regarding such misconduct may also be made to the U.S. Department of Education, Office for Civil Rights. Civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants. 

 

While submission of a written report is not required, the reporting party is encouraged to submit a written report to the Coordinator. Charter School will investigate and respond to all oral and written reports of misconduct prohibited by this Policy in a manner that is not deliberately indifferent. Reports may be made anonymously, but formal disciplinary action cannot be based solely on an anonymous report. 

 

Students are expected to report all incidents of misconduct prohibited by this Policy or other verbal, or physical abuses. Any student who feels they are a target of such behavior should immediately contact a teacher, counselor, the Principal, Coordinator, a staff person or a family member so that the student can get assistance in resolving the issue in a manner that is consistent with this Policy. 

 

 

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 of sexual harassment or where no formal complaint of sexual harassment has been filed. Such measures are designed to restore or preserve equal access to Charter School’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Charter School’s educational environment, or deter sexual harassment. Supportive measures available to complainants and respondents may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Charter School will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of Charter School to provide the supportive measures.

 

4. Investigation and Response 

 

Upon receipt of a report of misconduct prohibited by this Policy from a student, staff member, parent, volunteer, visitor or affiliate of Charter School, the Coordinator (or administrative designee) will promptly initiate an investigation. In most cases, a thorough investigation will take no more than twenty-five (25) school days. If the Coordinator (or administrative designee) determines that an investigation will take longer than twenty-five (25) school days and needs to be delayed or extended due to good cause, the Coordinator (or administrative designee) will inform the complainant of the reasons for the delay or extension and provide an approximate date when the investigation will be complete. 

 

At the conclusion of the investigation, the Coordinator (or administrative designee) will meet with the complainant and, to the extent possible with respect to confidentiality laws, provide the complainant with information about the investigation, including any actions necessary to resolve the incident/situation. However, the Coordinator (or administrative designee) will not reveal confidential information related to other students or employees. 

 

For investigations of and responses to formal complaints of sexual harassment, the following grievance procedures will apply: 

 

• Notice of the Allegations
  • Upon receipt of a formal complaint of sexual harassment, the Coordinator will give all known parties written notice of its grievance process, including any voluntary informal resolution process. The notice will include:
    • • A description of the allegations of sexual harassment at issue and to the extent known, the identities of the parties involved in the incident, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident; 
      • A statement that the respondent is presumed not responsible for the alleged conduct until a final decision is reached; 
      • A statement that the parties may have an advisor of their choice, who may be an attorney, and may inspect and review evidence; and 
      • A statement that Charter School prohibits an individual from knowingly making false statements or knowingly submitting false information during the grievance process. 

• Emergency Removal
  • Charter School may place a non-student employee respondent on administrative leave during the pendency of a formal complaint of sexual harassment grievance process in accordance with Charter School’s policies. 
  • Charter School may remove a respondent from Charter School’s education program or activity on an emergency basis, in accordance with Charter School’s policies, provided that Charter School undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. 
  • This provision may not be construed to modify any rights under the IDEA, Section 504, or the ADA. 

• Informal Resolution 
  • If a formal complaint of sexual harassment is filed, Charter School may offer a voluntary informal resolution process, such as mediation, to the parties at any time prior to reaching a determination regarding responsibility. If Charter School offers such a process, it will do the following:
    • Provide the parties with advance written notice of:
      • The Allegations;
      • The requirements of the voluntary informal resolution process including the circumstances under which the parties are precluded from resuming a formal complaint of sexual harassment arising from the same allegations; 
      • The parties’ right to withdraw from the voluntary informal resolution process and resume the grievance process at any time prior to agreeing to a resolution; and 
      • Any consequences resulting from participating in the voluntary informal resolution process, including the records that will be maintained or could be shared; and 
    • Obtain the parties’ advance voluntary, written consent to the informal resolution process.
  • Charter School will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

• Investigation Process
  • The decision-maker will not be the same person(s) as the Coordinator or the investigator. Charter School shall ensure that all decision-makers and investigators do not have a conflict of interest or bias for or against complainants or respondents.
  • In most cases, a thorough investigation will take no more than twenty-five (25) school days. If the investigator determines that an investigation will take longer than twenty-five (25) school days and needs to be delayed or extended due to good cause, the investigator will inform the complainant and any respondents in writing of the reasons for the delay or extension and provide an approximate date when the investigation will be complete.
  • The parties will be provided with an equal opportunity to present witnesses, to inspect and review any evidence obtained that is directly related to the allegations raised, and to have an advisor present during any investigative meeting or interview.
  • The parties will not be prohibited from discussing the allegations under investigation or to gather and present relevant evidence.
  • A party whose participation is invited or expected at an investigative meeting or interview will receive written notice of the date, time, location, participants, and purpose of the meeting or interview with sufficient time for the party to prepare to participate.
  • Prior to completion of the investigative report, Charter School will send to each party and the party’s advisor, if any, a copy of the evidence subject to inspection and review, and the parties will have at least ten (10) days to submit a written response for the investigator’s consideration prior to the completion of the investigation report.
  • The investigator will complete an investigation report that fairly summarizes all relevant evidence and send a copy of the report to each party and the party’s advisor, if any, at least ten (10) days prior to the determination of responsibility.

• Dismissal of a Formal Complaint of Sexual Harassment
  • If the investigation reveals that the alleged harassment did not occur in Charter School’s educational program in the United States or would not constitute sexual harassment even if proved, the formal complaint with regard to that conduct must be dismissed. However, such a dismissal does not preclude action under another applicable Charter School policy.
  • Charter School may dismiss a formal complaint of sexual harassment if:
    
    • The complainant provides a written withdrawal of the complaint to the Coordinator;
    • The respondent is no longer employed or enrolled at Charter School; or
    • The specific circumstances prevent Charter School from gathering evidence sufficient to reach a decision on the formal complaint or the allegations therein.
  • If a formal complaint of sexual harassment or any of the claims therein are dismissed, Charter School will promptly send written notice of the dismissal and the reason(s) for the dismissal simultaneously to the parties.

• Determination of Responsibility
  • The standard of evidence used to determine responsibility is the preponderance of the evidence standard.
  • Determinations will be based on an objective evaluation of all relevant evidence and credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
  • Charter School will send a written decision on the formal complaint to the complainant and respondent simultaneously that describes:
    • The allegations in the formal complaint of sexual harassment;
    • All procedural steps taken including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
    • The findings of facts supporting the determination;
    • The conclusions about the application of Charter School’s code of conduct to the facts;
    • The decision and rationale for each allegation;
    • Any disciplinary sanctions the recipient imposes on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and
    • The procedures and permissible bases for appeals.

5. Consequences

Students or employees who engage in misconduct prohibited by this Policy, knowingly make false statements or knowingly submit false information during the grievance process may be subject to disciplinary action up to and including expulsion from Charter School or termination of employment. The Coordinator is responsible for effective implementation of any remedies ordered by Charter School in response to a formal complaint of sexual harassment.

6. Right of Appeal

Should the reporting individual find Charter School’s resolution unsatisfactory, the reporting individual may, within five (5) business days of notice of Charter School’s decision or resolution, submit a written appeal to the Chief Executive Officer, who will review the investigation and render a final decision.

The following appeal rights and procedures will apply to formal complaints of sexual harassment:

• The complainant and the respondent shall have the same appeal rights and Charter School will implement appeal procedures equally for both parties.
• Within five (5) business days of Charter School’s written decision or dismissal of the complaint, the complainant or respondent may submit a written appeal to the Coordinator.
• The decision-maker(s) for the appeal will not be the same person(s) as the Coordinator, the investigator or the initial decision-maker(s).
  The complainant and respondent may appeal from a determination regarding responsibility, and from Charter School’s dismissal of a formal complaint or any allegations therein, on the following bases:
  
  • Procedural irregularity that affected the outcome of the matter;
  • 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; and
  • The Title IX Coordinator, investigator(s), or decision-maker(s) 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.
• Charter School will notify the other party in writing when an appeal is filed.
• The decision-maker for the appeal will: 1) give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; 2) issue a written decision describing the result of the appeal and the rationale for the result; and 3) provide the written decision simultaneously to both parties.

7. Recordkeeping

All records related to any investigation of complaints under this Policy are maintained in a secure location.

Charter School will maintain the following records for at least seven (7) years:

• Records of each sexual harassment investigation, including any determination of responsibility; any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the respondent; and any remedies provided to the complainant.
• Records of any appeal of a formal sexual harassment complaint and the results of that appeal.
• Records of any informal resolution of a sexual harassment complaint and the results of that informal resolution.
• All materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
• Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.