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: 1/24/2022 Revised:
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 opportunity 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: 1/24/2022 Revised: 10/23/2017
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.
The District has separate procedures for reports or complaints of sexual harassment governed by Title IX of the Education Amendments Act of 1972. These procedures are available on the Districts website. For reports or complaints of sexual harassment outside of the District’s Title IX jurisdiction, the District may follow any other applicable policy or procedures to respond to such a report or complaint.
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 Linda Russell, Director of Human Resources. The District Section 504 of the Rehabilitation Act of 1973 Coordinator is Lindsay Rains. Any person having inquiries concerning the District’s compliance with this federal non-discrimination law can contact her at (641)842-3315 or lindsay.rains@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:
COMPLAINT FORM (Discrimination, Anti-Bullying and Anti-Harrassment)
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 Linda Russell, Equity Coordinator at 309 W Main, Knoxville, IA 50138, (641)842-6551 or linda.russell@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: 1/24/2022 Revised: 11/9/2020
The Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:
It is the policy of the 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 [Name of Equity Coordinator(s), contact address, contact telephone number, contact email address].
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: 1/24/2022 Revised: 10/23/2017
The Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.
Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.
Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.
Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.
A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.
Retaliation Prohibited
Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.
Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.
Definitions
For the purposes of this policy, the defined words shall have the following meaning:
Publication of Policy
The board will annually publish this policy. The policy may be publicized by the following means:
ANTI-BULLYING/HARASSMENT COMPLAINT FORM
ANTI-BULLYING/HARASSMENT WITNESS DISCLOSURE FORM
DISPOSITION OF ANTI-BULLYING/HARASSMENT COMPLAINT FORM
Approved: 08/27/2007 Reviewed: 1/24/2022 Revised: 08/14/2023
Filing a Complaint
An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee. Click HERE for the complaint form. If the complainant is a school employee, after filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.
An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists. Complaints shall be filed within 180 days 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 Complainant shall receive assistance as needed.
Investigation
The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The superintendent/designee (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.
The investigation may include, but is not limited to the following:
The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal
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. Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible.
Additional suggestions for administrative procedures regarding this policy include:
Decision
The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation. If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. 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.
Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may 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 including, suspension and 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.
Approved: 08/14/2023 Reviewed: Revised:
Professional School Therapy Dogs certified with their owners/handlers as Certified Assistance Dog Teams provide emotional and physical support in the educational setting. These highly trained dogs model good behavior, tolerance, and acceptance. All Certified Assistance Dog Teams in the Knoxville Community School District work to support and positively influence student achievement.
Definition: Professional therapy dogs are dogs trained and tested to provide specific physical or therapeutic functions under the direction and control of a qualified handler who works with the dog as a team. Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities.
Professional therapy dogs will be certified using TDI (Therapy Dogs international) or Public Access testing prior to being placed with a school building. This training is the responsibility of the handler. A current certificate showing active certification should be kept in the handler’s building and in the office of the Coordinator of Special Education.
Professional therapy dogs are owned by Knoxville Community School staff members who wish to use a professional therapy dog to augment building educational programs. They will abide by the Therapy Dog Handler Ethics.
Conditions of Use. Professional Therapy Dogs may be used in the school setting on a regular basis when the following documentation is in place:
Administrative Approval: The use of the animal or animals must be approved by the administrator(s) of the building(s) in which the Professional Therapy Dog’s handler works. A letter stating this approval should be written and kept on file in the building. A copy should be sent to the Coordinator of Special Education.
Health Records and Hygiene/Animal Care: The owner/handler must provide a record of annual vaccinations received by the dog and signed by a veterinarian; these health records should be kept on file in the school building and in the office of the Coordinator of Special Education.
The privilege to bring the Professional Therapy Dog into the school setting may be terminated should the handler or dog behave in a way deemed unprofessional or unsafe.
Service Animals: These guidelines pertain to professional therapy dogs only. For staff and students requiring the assistance of a “Service Animal,” the District will comply with the Americans with Disabilities Act and Iowa Code Chapter 216C. Also: See Code No. 646.
*** Supporting document: not actually a part of the actual policy
Professional Therapy Dog Handler Ethics
Handlers should evaluate their dog’s health and attitude before each working day.
It is permissible for the dog to be off-lead while in a supervised situation where it is working, but it should not be allowed to wander through the facility unsupervised.
Be aware and courteous of the places your dog is welcome or allowed in each facility. Students should be taught to “smile and wave” (or other quiet greeting) at the dog in the hall or other less-structured environments to alleviate disruption of students’ attention and conduct.
Handlers/designated adults will always clean up after the dog, inside or outside the facility.
Give verbal commands firmly and calmly and praise the dog for exemplary behavior.
Students are NEVER to be left alone with a dog; a designated adult must always be present. When the dog is left unattended, it should be put in a crate with the door latched or in a room or office with the door closed.
If treats are used, students should be taught to give the treat with a flat hand or drop the treat on the ground.
Always be alert to signs of stress in the dog. Some signs of stress may be:
Approved: 11/23/2020 Reviewed: 1/24/2022 Revised:
In accordance with Title IX of the Education Amendments Act of 1972, the Knoxville 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; 418 S Park Lane Dr; 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.
Approved: 08/24/2020 Reviewed: 1/24/2022 Revised:
Knoxville Community School District
SEXUAL HARASSMENT PROCEDURES MANUAL
TABLE OF CONTENTS
V. REPORTING SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT
A. Employee Reporting Obligations
B. Reporting to Law Enforcement
D. Amnesty for Complainants and Participants in Investigations
F. Time Frames for Reporting and Response
VI. PROCESS FOR RESPONDING TO REPORTS OF SEXUAL HARASSMENT
A. Initial Meeting with the Complainant
C. Complainant Does Not Wish to Pursue Resolution or Requests Confidentiality
VII. RESOURCES AND SERVICES FOR STUDENTS AND EMPLOYEES
VIII. PREVENTION, TRAINING, AND POLICY COMMUNICATION
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.
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:
4. Stalking:
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:
6. Domestic Violence: any felony or misdemeanor crime of violence committed:
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.
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.
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.
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.
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.
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:
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:
The District, in its sole discretion, may dismiss any formal complaint under this Policy if at any time:
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:
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:
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 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.
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.
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:
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 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] .
The District will maintain the following records for seven years:
Additionally, the District will create and maintain for seven years:
Approved: 08/24/2020 Reviewed: 1/24/2022 Revised: