100 School District

100 Legal Status of the School District

Iowa law authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law.  This school district is known as the Knoxville Community School District.

This school corporation is located in Marion County, and its affairs are conducted by elected school officials, the Knoxville Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

 

 

Approved:  04/13/2015    Reviewed:  10/23/2017    Revised:          

101 Educational Philosophy of the School District

The Knoxville School District and the Board of Directors of the Knoxville Community School District are dedicated to promoting an equal opportunity for a quality public education to it’s students, within the limitations of the school district’s ability, in order to provide for students, in cooperation with the families and the school district community, the opportunnity to develop a healthy social, intellectual, emotional and physical self-concept in a learning environment that provides guidance and encourages each student to develop his/her full potential and become a productive citizen. The District and the Board endeavor, through the dedication of the District’s resources, to encourage students to prepare for and anticipate their future. In order to achieve this goal, the District and the Board will seek qualified employees dedicated to the development of their professional skills for the betterment of the education program.

Instruction and curriculum are the key elements of a public education. Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of the importance of each, and to encourage the goals outlined above outside of the educational environment.

 

Approved:  04/13/2015    Reviewed:      Revised:  10/23/2017    

102 Equal Educational Opportunity

The Knoxville Community School District and Board will not discriminate in educational programs on the basis of race, creed, color, national origin, gender, sexual orientation, gender identity, disability, religion, marital status,  socioeconomic status or genetic information. The Board and the District will not discriminate in employment opportunities on the basis of age, race, creed, color, gender, gender orientation, gender identity, national origin, religion, or disability. Further, the District and the Board affirm the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm, and harassment.

The Board and the District require all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the District to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

Inquiries or grievances related to this policy may be directed to the District Equity Coordinator Linda Russell, Director of Human Resources at 309 W Main, Knoxville, IA 50138, 641/842-6551 or linda.russell@kcsd.k12.ia.us.  Students who feel they have been discriminated against are encouraged to report it to the school district Affirmative Action and Title IX Coordinator.  The Affirmative Action and Title IX Coordinator is Cassi Pearson and can be reached at (641)842-6551 or at cassi.pearson@kcsd.k12.ia.us. The District Section 504 of the Rehabilitation Act of 1973 Coordinator is Brian McNeill. Any person having inquiries concerning the District’s compliance with this federal non-discrimination law can contact him at (641)842-3315 or brian.mcneill@kcsd.k12.ia.us.  These individuals have been designated by the District to coordinate the District’s efforts to comply with federal and/or state non-discrimination laws.  Inquiries may also be directed to the Director of the Iowa Civil Rights Commission, 400 East 14th Street, Des Moines, Iowa 50319, (800)457-4416; to the Office for Civil Rights Chicago Office, United States Department of Education, Citigroup Center, 500 West Madison Street, Suite 1475, Chicago, Illinios, 60661, (312)730-1560; or to the Equal Employment Opportunity Commission Chicago Office, 500 West Madison Street, Suite 2000, Chicago, Illinois, 60661, (800)669-4000. Inquiries may also be directed to the Director, Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319.

The Knoxville Community School District offers career and technical programs in the following areas of study:

____Agricultural, Food and Natural Resources

____Arts, Communications and Information Systems

____Applied Sciences, Technology, Engineering, and Manufacturing, including transportation,

        distribution, logistics, architecture and construction

____Health Sciences

____Human Services, including law, public safety, corrections, security, government, public

       administration, and education and training

____Business, Finance, Marketing and Management

There is a grievance procedure for processing complaints of discrimination. Any person having inquiries concerning the District’s compliance with federal and/or state non-discrimination law is directed to contact  District Equity Coordinator Linda Russell, Director of Human Resources at 309 W Main, Knoxville, IA 50138, 641/842-6551 or linda.russell@kcsd.k12.ia.us.  Students who feel they have been discriminated against are encouraged to report it to the school district Affirmative Action and Title IX Coordinator.  The Affirmative Action and Title IX Coordinator is Cassi Pearson and can be reached at (641)842-6551 or at cassi.pearson@kcsd.k12.ia.us. The District Section 504 of the Rehabilitation Act of 1973 Coordinator is Brian McNeill. Any person having inquiries concerning the District’s compliance with this federal non-discrimination law can contact him at (641)842-3315 or brian.mcneill@kcsd.k12.ia.us.  These individuals have been designated by the District to coordinate the District’s efforts to comply with federal and/or state non-discrimination laws.

 
 

COMPLAINT FORM

(Discrimination, Anti-Bullying, and Anti-Harassment)

 

Date of complaint:

 

_____________________________________________________

 

Name of Complainant:

 

_____________________________________________________

 

Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of someone else):

 

_____________________________________________________

 

_____________________________________________________

 

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

 

_____________________________________________________

 

_____________________________________________________

 

Names of any witnesses (if any):

 

 

_____________________________________________________

 

Nature of discrimination, harassment, or bullying alleged:_________________________________

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary. _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________      Date:  __________________________

Policy Title         Witness Disclosure Form                                                                     Code No. 102.00 E4

WITNESS DISCLOSURE FORM

 

Name of Witness:

­­­­­­­­­­­

_____________________________________________________

 

Date of interview:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee):

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

 

 

Nature of discrimination, harassment, or bullying alleged:______________________________________

 

Description of incident witnessed:

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Additional information:  __________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________      Date:  __________________________

DISPOSITION OF COMPLAINT FORM

 

Date:

 

_____________________________________________________

 

Date of initial complaint:

 

 

_____________________________________________________

 

Name of Complainant (include whether the Complainant is a student or employee):

 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

Name of Respondent (include whether the Respondent is a student or employee):

­­­­­­­­­­­

_____________________________________________________

 

_____________________________________________________

 

 

Nature of discrimination, harassment, or bullying alleged:______________________________________

 

Summary of Investigation: __________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________      Date:  _________________________

GRIEVANCE PROCEDURE

It is the policy of the Knoxville Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Jill Van Woerkom, Equity Coordinator at 309 W Main, Knoxville, IA 50138, 641/842-6551 or jill.vanwoerkom@kcsd.k12.ia.us.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). The alternate is Craig Mobley, School Business Manager and Board Secretary. An alternate will be designated in the event it is claimed that the Equity Coordinator or School Business Manager committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 20 days (twenty) of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.

Investigation

Within 2 (two) working days from receipt of the complaint unless there are extenuating circumstances, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;

  • A request for the individual named in the complaint to provide a written statement;

  • A request for witnesses identified during the course of the investigation to provide a written statement;

  • Interviews of the Complainant, Respondent, or witnesses;

  • An opportunity to present witnesses or other relevant information; and

  • Review and collection of documentation or information deemed relevant to the investigation.

Within 15 (fifteen) working days unless there are extenuating circumstances, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 (five) working days of completing the written report. Notification shall be by U.S. mail, first class.

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 (ten) working days after receiving the decision, either party appeals the decision to the Superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the Superintendent. Within 10 (ten) working days, the Superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The Superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 (five) working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the Superintendent shall be final.

The decision of the Superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

 

Approved:  03/13/2017    Reviewed:      Revised: 10/23/2017    

 

103 Long-Range Needs Assessment

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determine how well students are meeting student learning goals.  The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.

In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a School Improvement Advisory Committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators.  The superintendent will report annually to the board about the means used to keep the community informed.

Based on the School Improvement Advisory Committee’s recommendations, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the educational needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

Approved:  04/13/2015    Reviewed:      Revised:  10/23/2017    

104 Anti-Bullying/Harassment

Harassment and bullying of students and employees are against federal, state, and local policy, and are not tolerated by the board.  The board is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect.  To that end, the board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment.  Bullying and harassment of students by other students, by school employees, and by volunteers who have direct contact with students will not be tolerated in the school or school district.

The board prohibits harassment, bullying, hazing, or any other victimization of students, employees, and volunteers based on any of the following actual or perceived traits or characteristics, including but not limited to, age, color, creed, national origin, race, religion, marital status, gender, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, place of residence, genetic information, or familial status.  

This policy is in effect while students or employees are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while using school-owned electronic devices; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management, and welfare of the school or school district.

If after an investigation a student is found to be in violation of this policy, the student shall be subject to disciplinary action up to, and including suspension and/or expulsion.  If, after an investigation, a school employee is found to be in violation of this policy, the employee shall be subject to disciplinary action, up to and including termination of employment.  If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.  “Volunteer” means an individual who has regular, significant contact with students.

Harassment and bullying includes any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

  • Places the student in reasonable fear of harm to the student’s person or property;

  • Has a substantially detrimental effect on the student’s physical or mental health;

  • Has the effect of substantially interfering with the student’s academic performance; or

  • Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging or similar technologies.

Harassment and bullying of students may include, but are not limited to, the following behaviors and circumstances:

  • Verbal, nonverbal, physical, or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Implied or explicit threats concerning one’s grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and/or

  • Unreasonable interference with a student’s performance or creation of an intimidating, offensive, or hostile learning environment.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

  • Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;

  • Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or

  • The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive educational environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

  • Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or

  • Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to a school official, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report.  Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.

Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited.  Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy.  Any student found to have retaliated in violation of this policy shall be subject to measures up to, and include suspension or expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including exclusion from school grounds.

The school or school district will promptly and reasonably investigate allegations of bullying or harassment.  The building principal or designee will be responsible for handling all complaints by students alleging bullying or harassment. The building principal or designee will be responsible for handling all complaints by employees alleging bullying or harassment.

It also is the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy.  The superintendent also is responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students.  The training will include how to recognize harassment and what to do in case a student is harassed.  It will also include proven effective harassment prevention strategies.  The superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment in the school.  The superintendent shall provide an annual report of alleged bullying/harassment incidents to the board.

The board will annually publish this policy.  The policy will be publicized by the following means:

  • Inclusion in the student handbook.

  • Inclusion in the employee handbook

  • Inclusion in the registration materials

  • Inclusion on the school or school district’s website,

and a copy shall be made available to any person at the central administrative office at 309 W. Main, Knoxville, IA  50138.

 

ANTI-BULLYING/HARASSMENT COMPLAINT FORM

Name of complainant:________________________________________________________________________

 

Position of complainant:________________________________________________________________________

 

Name of student or employee target: ____________________________________________________________________________________________

Date of complaint:__________________________________________________________________________

 

Name of alleged harasser or bully:_____________________________________________________________________________________________

 

Date and place of incident or incidents:__________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

Nature of Discrimination or Harassment Alleged:__________________________________________________________________________________

 

Description of misconduct:____________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

Name of witnesses (if any):____________________________________________________________________

Evidence of harassment or bullying, i.e., letters, photos, etc. (attach evidence if possible):__________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

Any other information:_______________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:  ________________________________________________       Date:   ______/______/______

 

ANTI-BULLYING/HARASSMENT WITNESS DISCLOSURE FORM

 

Name of witness:  ____________________________________________________________________

 

Position of witness:___________________________________________________________________

 

Date of testimony, interview: ___________________________________________________________

 

Description of incident witnessed:

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

Any other information: ___________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:  ________________________________________________       Date:   ______/______/______

 

DISPOSITION OF ANTI-BULLYING/HARASSMENT COMPLAINT FORM

 

Name of complainant:_________________________________________________________________

 

Name of student or employee target:_____________________________________________________

Grade and building of student or employee: _______________________________________________

 

Name and position or grade of alleged perpetrator/respondent: ______________________________________________________________________

 

Date of initial complaint: ______________________________________________________________

 

Nature of Discrimination or Harassment Alleged:___________________________________________

 

Summary of investigation: ___________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

 

__________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:  ________________________________________________       Date:   ______/______/______

ANTI-BULLYING/HARASSMENT INVESTIGATION PROCEDURES

COMPLAINT AND INVESTIGATION PROCEDURE

Anyone who believes he/she is a victim of bullying or harassment or has witnessed what he/she believes is bullying or harassment will notify the principal (or designee) of the building the alleged victim attends.

The building principal (or designee) will investigate the claim promptly, upon receipt of the written complaint form.  The principal or designee will interview the complainant and the alleged harasser.  The alleged harasser may file a written statement in response to the complaint.  The principal may interview witnesses as deemed appropriate.  

When a complaint has been made, and during the investigation, the principal shall inform the complainant and alleged harasser that there should be no contact between the complainant or harasser during the investigation.  Threats, or retaliation, by the accused toward the complainant will subject the accuser to disciplinary action up to and including suspension and/or expulsion from school.

Upon completion of the investigation, the principal will determine if the claim is founded.  The principal will inform the complainant and the alleged harasser of his/her decision.  Upon completion of the investigation, the principal will make written findings and conclusions.  A copy of the findings and conclusions will be forwarded to the Superintendent of Schools.  The principal will comply with Iowa Department of Education rules by submitting a report to the Iowa Department of Education as required.

If the principal determines the claim is unfounded, the complainant may appeal the decision to the District’s Level One Investigator or Alternate Investigator.  If the principal determined the claim is founded, the accused may appeal the decision to the District’s Level One Investigator or Alternate Investigator.  The investigator (or alternate) will investigate the claim, and after conducting the investigation, will determine if the claim is founded.  The findings of the investigator (or alternate) shall be communicated in writing to the complainant, the accused, the building principal, and the Superintendent of Schools.

RESOLUTION OF THE COMPLAINT

If the claim is founded, the building principal shall determine if disciplinary action will be taken.  Disciplinary action may include suspension or expulsion from school.

POINTS TO REMEMBER IN THE INVESTIGATION

  • Evidence uncovered in the investigation is confidential.

  • Complaints must be taken seriously and investigated.

  • No retaliation will be taken against individuals involved in the investigation process.

  • Retaliators will be disciplined up to, and including, suspension and expulsion.

CONFLICTS

If the investigator is a witness to the incident, the alternate investigator shall investigate.

 

Approved:  08/27/2007      Reviewed:      Revised:  10/23/2017    

106 Title IX: Discrimination and Harassment Based on Sex Prohibited

In accordance with Title IX of the Education Amendments Act of 1972, the [NAME] Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment.

The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX.  This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX.  For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Linda Russell, Director of Human Resources (linda.russell@kcsd.k12.ia.us; 309 W Main St; Knoxville, IA 50138; 641-842-6551). 

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.

 

Legal References:      20 U.S.C. § 1681 et seq.

34 C.F.R. § 106 et seq.

 

 

 

 

Approved:  08/24/2020             Reviewed:                     Revised:         

106.1 Title IX: Sexual Harassment Procedures Manual

Knoxville Community School District

SEXUAL HARASSMENT PROCEDURES MANUAL

TABLE OF CONTENTS

I.     THE POLICY

II.    DEFINITIONS

III.  POLICY SCOPE

IV.  CONFIDENTIALITY

V.    REPORTING SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT

A.    Employee Reporting Obligations

B.    Reporting to Law Enforcement

C.   Reporting to the District

D.    Amnesty for Complainants and Participants in Investigations

E.    Retaliation Prohibited

F.    Time Frames for Reporting and Response

VI.  PROCESS FOR RESPONDING TO REPORTS OF SEXUAL HARASSMENT

A.    Initial Meeting with the Complainant

B.    Informal Resolution

C.   Formal Resolution

C.   Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality

D.    Advisors

E.    Supportive Measures

VII.   RESOURCES AND SERVICES FOR STUDENTS AND EMPLOYEES

VIII.  PREVENTION, TRAINING, AND POLICY COMMUNICATION

IX.      RECORDKEEPING

 

I. THE POLICY

In accordance with Title IX of the Education Amendments Act of 1972, the [NAME] Community School District prohibits sex discrimination, including sexual harassment, against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment.  The Board authorizes the Superintendent to adopt procedures for any individual to report sex discrimination or sexual harassment, and for the investigation and resolution of such complaints. 

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Linda Russell, Director of Human Resources (linda.russell@kcsd.k12.ia.us; 309 W Main St; Knoxville, IA 50138; 641-842-6551). 

The District will utilize this Policy and Procedure to respond to all claims of sex discrimination or sexual harassment as defined in Section II of this policy.  If the District determines that a report or complaint does not allege conduct within the scope of Title IX, it may still proceed to investigate or respond to that report or complaint under any other applicable District policy or procedure. 

II. DEFINITIONS

A.Sexual harassment means unwelcome behavior or conduct (physical, verbal, written, electronic) that is directed at someone because of that person's sex or gender, and that meets any of the following definitions:

1.“Quid Pro Quo” Harassment.  A District employee explicitly or implicitly conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; OR

2. Hostile Educational/Work Environment.  Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; OR

3. Sexual assault.  An offense that meets the definition any one of the following offenses:

  • Rape:  the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person without consent of the victim;
  • Fondling:  the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim;
  • Incest:  sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or
  • Statutory rape:  sexual intercourse with a person who is under the statutory age of consent; OR

4. Stalking:

  • Purposefully engaging in a course of conduct directed at a specific person ("target") that would cause a reasonable person to fear bodily injury to, or the death of, the target or a member of the target’s immediate family;
  • when the person ("stalker") knows or should know that the target will be placed in reasonable fear of bodily injury to, or the death of, the target or a member of the target’s immediate family by the course of conduct; and
  • the stalker’s course of conduct induces fear in the target of bodily injury to, or the death of, the target or a member of the target’s immediate family; OR

5. Dating Violence:  violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of:

  • The length of the relationship.
  • The type of relationship.
  • The frequency of interaction between the persons involved in the relationship; OR

6. Domestic Violence: any felony or misdemeanor crime of violence committed:

  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabiting with, or has cohabited with, the victim as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa; or
  • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Iowa.

B. Consent means knowing and voluntary agreement to engage in conduct or an activity with another individual.  Silence or an absence of resistance does not imply consent.  Past consent to engage in conduct or an activity does not imply future consent; consent can be revoked at any time.  An individual who is incapacitated (e.g., when a person is asleep, unconsciousness, under the influence of drugs or alcohol, or disability) cannot give consent.  Coercion, force, or the threat of either invalidates consent.  Under no circumstances can a student give consent to engage in any sexual conduct or activity with an employee of the District.

C. Complainant means any person who alleges that they have been subjected to sexual harassment as defined by this Policy.  At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the District’s education program or activity.

D. Respondent means any person who has been reported to be the perpetrator of conduct that could constitute sexual harassment under this Policy, and over whom the District is able to exercise substantial control. 

III. POLICY SCOPE

This Policy applies to all persons participating in the District’s education program or activity, including students and employees and applicants for employment.  Under Title IX, the District has jurisdiction over locations, events or circumstances over which it substantially controls the Respondent and the context in which the harassment occurs.  The District’s jurisdiction is limited to conduct against a person that occurs in the United States.

Any person may make a report of sexual harassment to the District’s Title IX Coordinator.

IV. CONFIDENTIALITY

The District is committed to creating an environment that encourages individuals to come forward if they have experienced or witnessed sexual harassment. However, the District cannot promise absolute confidentiality to any party.  District employees cannot promise confidentiality to any student who reports possible sexual harassment to them. 

The District will keep confidential the identity of any individual who has made a report or complaint of sex discrimination or sexual harassment, or has been identified as the perpetrator or respondent to any such report or complaint, or is a witness to any complaint or investigation, except as required to carry out the purposes of this Policy (including the conduct of any complaint resolution process), applicable law, or as permitted by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g. 

V. REPORTING SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT

A. Employee Reporting Obligations

Any District employee who witnesses or becomes aware of sexual harassment has an affirmative obligation to report immediately to the District’s Title IX Coordinator or to their building principal or immediate supervisor.  Failure to do so may result in disciplinary action against the employee, up to and including termination of employment.

B. Reporting to Law Enforcement

Because sexual misconduct may constitute both a violation of District policy and criminal activity, individuals who have been subject to criminal sexual misconduct may wish to report their concerns to law enforcement. An individual may proceed under this Policy whether or not they elect to report to law enforcement.

C. Reporting to the District

Any individual who wishes to make a report or file a formal complaint of sexual harassment may contact the District’s Title IX Coordinator  Linda Russell, Director of Human Resources (linda.russell@kcsd.k12.ia.us; 309 W Main St; Knoxville, IA 50138; 641-842-6551).  Any individual who is subject to, witnesses, or becomes aware of alleged sexual harassment may also submit an anonymous report at [website or other means].[MVH1] 

Allegations that an employee of the District has engaged in sexual harassment toward a student must be immediately reported or referred to the District’s designated Level 1 Investigator[MVH2] , and must be handled in accordance with 281 Iowa Administrative Code Chapter 102 (Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees).  The Level 1 Investigator shall be responsible for complying with the requirements of Chapter 102, including with respect to reporting the alleged conduct to law enforcement or other appropriate state agencies.  The Level 1 Investigator shall work with the District’s Title IX Coordinator to determine how to preserve or restore the student’s access to the District’s education program and activities.

D. Amnesty for Complainants and Participants in Investigations

The District will not pursue disciplinary action for improper possession or use of alcohol or other drugs against a student who reports in good faith an incident of sexual misconduct, or who participates in good faith in an investigation into an incident of sexual misconduct.[MVH3]   The District may still notify the parent/guardian of the student(s) involved in such possession/use to promote the student safety and well-being or otherwise report such possession or use as required by law.

E. Retaliation Prohibited

Retaliation against a person who makes a report or complaint of sexual harassment, or who assists, or participates in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believes they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.

This Policy’s antiretaliation protections do not apply to any individual who makes a materially false statement in bad faith in the course of any complaint, investigation, hearing, or other proceeding under this Policy.  However, a determination that an individual made a materially false statement in bad faith must be supported by some evidence other than the determination of whether the Respondent violated this Policy alone.  An individual who makes a materially false statement in bad faith may be subject to discipline up to and including suspension or expulsion of a student or termination of an employee’s employment.

F. Time Frames for Reporting and Response

The District strongly encourages prompt reporting of complaints and information. While there is no time limit in invoking this Policy in responding to complaints of alleged sexual harassment, a complaint should be submitted as soon as possible after the event takes place in order to maximize the District’s ability to respond promptly and equitably.

The District may not be able to fully investigate a formal complaint against an individual who is no longer affiliated with the District. Under those circumstances, the District will still consider whether it can offer supportive measures to the Complainant or proceed under another applicable law, policy, procedure, handbook provision, or rule. 

In all cases, the District will conduct a prompt and equitable investigation of allegations of sexual misconduct. Generally the District will attempt to complete the investigation and make a determination regarding responsibility within forty-five (45) [MVH4] calendar days of receipt of a formal complaint.  However, the District may alter or extend this time with notice to both parties. The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process.

VI. PROCESS FOR RESPONDING TO REPORTS OF SEXUAL HARASSMENT

A. Initial Meeting with the Complainant

Upon receipt of any report of sexual harassment occurring in the District’s educational program or activity, the Title IX Coordinator or designee will schedule a meeting with the Complainant in order to provide the Complainant a general understanding of this Policy and to identify forms of supportive measures available to the Complainant with or without the filing of a formal complaint, and to explain the process for filing a formal complaint. The intake meeting may also involve a discussion of any specific supportive measures that may be appropriate.

At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed. The Complainant may opt for: (1) informal resolution; (2) formal resolution; or (3) not proceeding.  Supportive measures may still be offered whether or not the Complainant chooses any of these options.

If the Complainant wishes to proceed with either informal or formal resolution, a written document must be filed by the Complainant or signed by the Title IX coordinator alleging harassment against a respondent (the “formal complaint”).  Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not the complainant or otherwise a party to a complaint proceeding under this Policy.

B. Informal Resolution[MVH5] 

Upon filing of a formal complaint, a Complainant who does not wish to pursue formal resolution may request a less formal proceeding, known as “Informal Resolution.”   Informal resolution is available to the parties any time prior to a determination of responsibility being issued.

Informal resolution is a voluntary process that requires the written consent of the Complainant and Respondent.  The District will not require the parties to participate in the Informal Resolution process as a condition of enrollment, employment, or of any other right conferred by the District. The Title IX Coordinator will assess the severity of the alleged harassment and the potential risk for others in the District community to determine whether informal resolution may be appropriate.  Informal Resolution will never be used to resolve allegations involving an employee sexually harassing a student.

The Title IX Coordinator will provide the parties with a written notice setting forth the allegations, the requirements of the informal resolution process set forth in this Policy, the right of any party to withdraw from the informal process and proceed with the formal grievance process at any time prior to agreeing to a resolution; and any consequences resulting from the participation in the informal process, including the records that will be maintained or could be shared by the District.

Upon receipt of written consent from the parties to participate in informal resolution, the Title IX Coordinator will consult separately with the Complainant and Respondent and gather additional relevant information as necessary.  The Title IX Coordinator may also put in place any appropriate supportive measures to protect the educational and work environment of the parties. 

The Title IX Coordinator will work with parties to determine a mutually acceptable resolution to the complaint.  This resolution will be reduced to writing and signed by the Complainant and the Respondent.  Once signed, the written resolution becomes final and neither party can initiate the formal grievance process for the allegations in the formal complaint.  The written resolution is not subject to appeal.

Either party may, at any time prior to signing an informal resolution agreement, elect to end the informal resolution process and initiate formal resolution instead.

In order to promote honest, direct, communication, information disclosed during informal resolution will remain confidential, except where disclosure may be required by law or authorized in connection with duties on behalf of the District.

C. Formal Resolution

Upon submission of a formal complaint, Complainant may elect to pursue a formal resolution, which is described more specifically in this section.

1. Consolidation of Complaints

The District may consolidate formal complaints of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, where the allegations arise out of the same facts or circumstances.

2. Required Notices

Notice of Investigation.  If a Complainant elects to pursue a formal complaint, the Title IX Coordinator or designee will provide a written Notice of Investigation simultaneously to both parties notifying the parties of:

  • the identities of the parties involved in the incident;
  • the conduct alleged;
  • the date and location of the incident;
  • Respondent’s entitlement to a presumption of innocence;
  • The parties’ rights to have an advisor of their choice at the party’s expense, who may be an attorney;
  • The parties’ rights to review and comment on investigative evidence; and
  • The effect of making materially false statements in bad faith during this process.

If, during the course of investigation, the District determines that additional allegations will be investigated as part of the pending complaint, the Title IX Coordinator or designee will provide written notice of the additional allegations to any identified Complainant(s) or Respondent(s). 

Notice of Interviews, Hearings, or Other Meetings.  The Title IX Coordinator shall provide to Complainant and Respondent a written notice of the date, time, location, participants, and purpose of any interview, hearing, or meeting with sufficient time for the party to prepare.

3. Dismissal

The District shall dismiss any formal complaint made under this Policy if at any time it determines that it lacks jurisdiction under Title IX because the conduct alleged in the formal complaint:

  • Would not constitute sexual harassment as defined in Section II of this policy, even if proved,
  • Did not occur in the District’s education program or activity; or
  • Did not occur against a person in the United States.

The District, in its sole discretion, may dismiss any formal complaint under this Policy if at any time:

  • The Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations;
  • The Respondent is no longer enrolled in or employed by the District; or
  • Specific circumstances exist that prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations.  Examples include, but are not limited to, a significant passage of time from the date of the allegation(s) in the complaint to the date the complaint is filed that makes investigation impracticable, or where the Complainant has stopped participating in the process.

Dismissal of a complaint from proceeding under this Policy does not preclude the District from offering supportive measures to any party or from proceeding under any other applicable policy, procedure, rule, or handbook provision applicable to students and/or employees of the District.

Upon dismissal of any formal complaint under this section, written notice of this dismissal and the reason(s) therefor will be provided simultaneously to Complainant and Respondent.

4. Investigation

The Title IX Coordinator shall designate an Investigator to conduct an investigation into any formal complaint.  The Investigator must be appropriately trained in conducting Title IX investigations, unbiased, and have no conflict of interest in the present case.  The Investigator serves as a neutral fact-finder, and shall interview both parties, relevant witnesses, and gather and review evidence relevant to the outcome of the complaint.  

The burden of proof and the burden of gathering sufficient evidence to reach a determination of responsibility rests with the District and not with the parties.  Both parties will have an equal opportunity to present witnesses and other evidence (both inculpatory and exculpatory) to the Investigator.  Neither party will be restricted in their ability to discuss the allegations or to gather and present relevant evidence; provided, however, that such communications shall not constitute harassment or retaliation against any party other otherwise violate applicable law, rule, or regulation. 

The Investigator will evaluate all relevant evidence, both inculpatory and exculpatory, and will not make credibility determinations based solely on a person’s status as complainant, respondent or witness.

The Investigator will only access, consider, disclose, or otherwise use a party’s treatment records made or maintained by a health care provider, or other records protected under a legally recognized privilege, with that party’s voluntary, written consent.

Prior to completion of the Investigative Report, the Investigator will provide each party with copies of any evidence obtained by the Investigator that is directly related to the allegations in the complaint.  Both parties will have ten (10) calendar days to submit a written response to the evidence to the Investigator.  By accepting receipt of this information, the parties and their representatives, if any, agree that the use or dissemination of evidence for any purpose other than those directly related to the parties’ participation in the Title IX grievance process is prohibited and may result in appropriate discipline in accordance with District policy.

5. Investigative Report

After conducting the investigation, the Investigator will complete an investigative report that summarizes all relevant evidence, including statements and interviews with the parties and any witnesses, and any documents, records, photographs, recordings, or other evidence obtained by the investigator. 

The investigative report will be distributed simultaneously to both of the parties at least ten (10) calendar days prior to a Determination of Responsibility being made.

6. Determination of Responsibility

The Decision-Maker is responsible for determining whether the conduct alleged in the complaint constitutes a violation of this Policy and any other applicable District policies, procedures, handbook provisions, or rules.  The Decision-Maker shall be the Superintendent or his/her designee.  [MVH6]  The Decision-Maker shall not be the Title IX Coordinator or Investigator, and must be impartial and unbiased, have no conflict of interest in the particular case, and have training required by Title IX and this policy.

After receipt of the investigative report and prior to reaching a decision, each party shall be permitted to submit to the Decision-Maker relevant questions to be asked of the other party and/or any witnesses, including those challenging the credibility of the party or witness.  The Decision-Maker shall review the questions with the party or witness to whom the questions are directed, but shall not ask any questions that are irrelevant or improperly inquire about the Complainant’s sexual predisposition or past sexual conduct (other than where the incidents occurred between the Complainant and Respondent and are asked for purposes of demonstrating consent, where applicable).  The Decision-Maker will provide a written explanation to the party of why any question was excluded.  The Decision-Maker shall provide the responses of the party or witness in writing to both parties.  The parties shall be provided with an opportunity for limited additional follow-up questioning.

If any party or witness does not cooperate with responding to these questions, the Decision-Maker will not rely on any statement of that party or witness in reaching a determination of responsibility.  The Decision-maker cannot draw an inference about responsibility based solely on a party’s or witness’s refusal to answer questions.

7. Standard of Proof and Determination

The determination of whether or not a violation of this Policy occurred will be made on the preponderance of the evidence, or whether it is more likely than not that the Respondent violated this Policy.

8. Sanction

Sanctions and remedies will be determined on a case-by-case basis by the Decision-Maker, where authorized to do so.  Where applicable federal or state law, Board policy, contract, handbook provision, or other rule gives authority for issuing of a particular sanction to a different District decision-making body (e.g., school board, IEP team) the Decision-Maker will recommend sanctions to that decision-making body or official, or the Board for further action. 

Sanctions may include, but are not limited to a written warning, suspension or expulsion of a student, or suspension or termination of an employee’s employment with the District.  The Decision-Maker may impose or recommend any sanction that it finds to be fair and proportionate to the violation and in accordance with Board Policy. 

Remedies may include, but are not limited to, offers of counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision, and other actions as deemed appropriate under the circumstances present in the case.  The Title IX Coordinator shall be responsible for implementing any proposed remedies.   [MVH7] 

9. Written Determination Regarding Responsibility

The Decision-Maker will issue a written determination regarding responsibility, which shall be determined by a preponderance of the evidence.  The written determination will include:

  • Identification of the allegations;
  • A description of the procedural steps taken from the receipt of the formal complaint through the determination, including notifications to the parties, interviews, site visits, methods used to gather other evidence, and hearings held (if applicable);
  • Findings of fact;
  • Conclusions regarding the application of this Policy and any other relevant District policy, procedure, handbook provision, or rule to the facts;
  • A statement of and rationale for the Decision-Maker(s) determination regarding responsibility for each allegation;
  • A statement of and rationale for any disciplinary sanctions that will be imposed on Respondent, if applicable;
  • A statement of and rationale for any remedies the District will provide to restore or preserve Complainant’s access to the District’s educational program or activity, if applicable; and
  • A statement of the District’s appeal policy and procedures.

The Decision-Maker will provide the written determination to the parties simultaneously.  The written determination shall be final, subject to the parties’ right to appeal in Section 10, below.

10. Appeals

Within five (5) calendar days of delivery of the written determination to them, either party may appeal the dismissal of a formal complaint, or the Decision-Maker’s written determination and/or any sanction imposed by the Decision-Maker to the Title IX Coordinator [MVH8] or her/his designee. Such appeals will be in writing and will be delivered to The Title IX Coordinator or her/his designee, who will deliver the appeal to the Appeal Decision-Maker. The Appeal Decision-Maker or her/his designee will determine if the written determination will be stayed pending the outcome of the appellate decision.  Appeals will be limited to any of the following bases:

  • A procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or
  • The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias that affected the outcome of the matter.

The Title IX Coordinator or her/his designee will notify both parties in writing if an appeal is received alleging one of the bases for appeal above.  Both parties will be given an opportunity to submit a written statement in support of, or challenging, the written determination.  The parties’ written statements must be submitted within five (5) calendar days of notice of the appeal.

Except as required to explain the basis of new information, an appeal will be limited to a review of the written record of the investigation, the written determination, and the parties’ written statements on appeal.

The Appeal Decision-Maker or her/his designee may affirm, reverse, or modify the written determination and/or sanctions imposed, or may remand to the Investigator or Decision-Maker for further action. A written appeal decision will be issued simultaneously to the parties describing the result of the appeal and the rationale therefor.  The written appeal decision of the Appeal Decision-Maker or her/his designee is the final decision of the District, and no further appeals are permitted under this Policy.

C. Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality

If the Complainant does not wish to pursue formal or informal resolution and/or requests that his or her report remain confidential, the Title IX Coordinator or designee will inform the Complainant that the District’s ability to respond to the alleged sexual harassment may be limited. The Title IX Coordinator or designee may weigh the Complainant’s request against the following factors:

  • The seriousness of the alleged sexual misconduct,
  • Whether there have been other complainants of sexual misconduct against the same Respondent, and
  • The Respondent’s right to receive information about the allegations, including the name of the complainant.

The Title IX Coordinator will only initiate a formal complaint under these procedures against the wishes of the Complainant where required by federal or state law, regulation, or rule, or where doing so is not clearly unreasonable based on known circumstances, based on the potential impact to the District community if the allegations were true.

The Title IX Coordinator or designee will inform the Complainant if the District cannot ensure confidentiality. Even if the District cannot take disciplinary action against the Respondent because the Complainant insists on confidentiality or that the complaint not be resolved, the District reserves the authority to implement supportive measures or other appropriate actions to promote a safe learning environment for the complainant and/or the entire District community.

D. Advisors

Complainants and Respondents have equivalent rights to be accompanied at any stage of the process by an advisor of their choice, who may be a parent or guardian, union representative (where applicable), other support person, or an attorney at the party’s sole expense.  Advisors may not answer questions on behalf of any party or otherwise participate in any interview or meeting, other than to confer with the party they are supporting/representing.

E. Supportive Measures

The District may implement supportive measures to preserve or restore the Complainant’s access to the District’s education program or activity. Supportive measures will be individualized, provided at no cost to the parties, and are non-disciplinary in nature. 

Supportive measures may include, but are not limited to:

  • Counseling,
  • Extension of deadlines or other course-related adjustments,
  • Modifications of work or class schedules,
  • Mutual restrictions on contact between the parties,
  • Leaves of absence,
  • Increased security and monitoring,
  • Increased supervision and/or escort services, and/or
  • Other similar measures.

The District may temporarily remove a student accused of violation this policy on an emergency basis, following an individualized safety and risk analysis that finds an immediate threat to the physical safety of any individual.  Any student so removed will be provided with notice and an opportunity to challenge this action immediately following the removal, and any other rights conferred by law[MVH9] .  Emergency removals must be consistent with other applicable laws.  The District, in its sole discretion, may place an employee accused of violating this policy on administrative leave pending the outcome of the informal or formal complaint process.

VII. RESOURCES AND SERVICES FOR STUDENTS AND EMPLOYEES

There are resources available to individuals regardless of whether or not they choose to report a violation of this Policy to the District or local law enforcement.  Any person may obtain information about services and supports offered to students and employees by contacting the District’s Title IX Coordinator.

A. Community Resources[MVH10] 

There are resources in the community where an individual may seek support outside of the District.  Use of any of these services is solely at the discretion of the individual.  The District does not make any representations regarding the effectiveness or appropriateness of any of these resources, and does not assume responsibility, financial or otherwise, for these resources.

[insert name and contact info for any community resources]

B. External Reporting Resources

A Complainant may choose to file a complaint with the state and federal agencies listed below[MVH11] .

Office for Civil Rights (OCR) – Chicago Office
U.S. Department of Education
Citigroup Center
500 W. Madison Street, Suite 1475
Chicago, IL 60661
Phone: (312) 730-1560
Fax: (312) 730-1576  TDD: (877) 521-2172
Email: OCR.Chicago@ed.gov
Web: www.ed.gov/ocr

Equal Employment Opportunity Commission (EEOC)
Reuss Federal Plaza
310 W. Wisconsin Avenue, Suite 800
Milwaukee, WI 53203-2292
Phone: (800) 669-4000
Fax: (414) 297-4133
TTY: (800) 669-6820
Web: www.eeoc.gov/

Iowa Civil Rights Commission (ICRC)
Grimes State Office Building
400 E. 14th Street
Des Moines, IA 50319
Toll free: (800) 457-4416
Phone: (515) 281-4121
Fax: (515) 242-5840
TDD: (877) 521-2172
Web: https://icrc.iowa.gov/  

VIII. PREVENTION, TRAINING, AND POLICY COMMUNICATION

The District is committed to education, communication, and training of students and employees in order to prevent sexual harassment and to assure an appropriate response when incidents occur. The District will provide information to students and employees on:

  • The definitions of sexual harassment;
  • District procedures for responding to incidents of sexual harassment; and
  • Employee obligation to report any sexual harassment of which the employee becomes aware.

The District will also ensure that individuals who serve as Title IX Coordinators, Title IX Investigators, Decision-Makers, Appeal Decision-Makers, and facilitators of the informal resolution process have adequate training as required by Title IX[MVH12] . 

IX. RECORDKEEPING

The District will maintain the following records for seven years:

  • Each sexual harassment investigation, including determinations, audio or video recordings, disciplinary sanctions, and any remedies provided to the Complainant;
  • Any appeal and the result therefrom;
  • Any informal resolution; and
  • Materials used by the District to train Title IX Coordinators, investigators, decision-makers, and those who facilitate informal resolution under this Policy.

Additionally, the District will create and maintain for seven years:

  • Any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment;
  • Documentation of the basis for the District’s conclusion that its response to any such report or complaint was not deliberately indifferent;
  • Documentation that the District has taken measures designed to restore or preserve access to the District’s educational program or activity;
  • Where no supportive measures are provided to Complainant, documentation of why it was not clearly unreasonable to do so.

 

Approved:  08/24/2020             Reviewed:                     Revised: