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:  1/24/2022    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 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    

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. 

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:

  • 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

 

COMPLAINT FORM (Discrimination, Anti-Bullying and Anti-Harrassment)

WITNESS DISCLOSURE FORM

 

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    

 

Draft - (Safety Grant) 102-EH(3) - Notice of Section 504 Student and Parental Rights

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:

  • Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
  • Receipt of free educational services to the extent they are provided students without disabilities:
  • Receipt of information about your child and your child's educational programs and activities in your native language;
  • Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;
  • Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and
  • Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

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 the building principal.

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:  1/24/2022   Revised:  10/23/2017    

104 Anti-Bullying/Harassment *

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:  

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means.  “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.  
  • “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions: 
    1. Places the individual in reasonable fear of harm to the individual’s person or property. 
    2. Has a substantial detrimental effect on the individual’s physical or mental health.  
    3. Has the effect of substantially interfering with the individual’s academic or career performance.  Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school. 
  • “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

Publication of Policy 
The board will annually publish this policy. The policy may 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 web site

 

 

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   

104-R(1) - Anti-Bullying/Harassment Policy - Investigation Procedures

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: 

  • Interviews with the Complainant and the individual named in the complaint (“Respondent”)
  • A request for the Complainant to provide a written statement regarding the nature of the complaint; 
  • A request for the Respondent to provide a written statement; 
  • Interviews with witnesses identified during the course of the investigation; 
  • A request for witnesses identified during the course of the investigation to provide a written statement; and 
  • Review and collection of documentation or information deemed relevant to the investigation. 

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: 

  • Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and
  • Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior. 

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: 

105 Professional Therapy Dogs

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:

  1. 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.

  2. 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 dog should receive a bordatella vaccination annually; rabies vaccinations and five- way parvo/distemper (DHPP) shall be updated every three years. Please note: dogs less than one year of age or receiving their rabies and parvo vaccinations for the first time shall receive a follow-up vaccine in one year, with vaccinations every three years thereafter.
  • The dog should be given an annual comprehensive wormer or fecal check for worms.
  • The dog should be checked for external parasite control.
  • All owners will give preventive parasite (fleas and ticks) control and heartworm medication year-round. Annual tests for heartworms are recommended. The dog should be groomed and bathed regularly. Good judgment should be used based on the dog’s hair, skin, and dander concerns.
  1. Documentation:  The following documents should be up to date and kept on file in the school building and the office of the Special Education Coordinator.
  • A copy of the Therapy Dog International or Public Access certificate of completion
  • A copy of the Therapy Dog Handler Ethics
  • The Professional Therapy Dog guidelines and procedures utilized at the school site (determined by the administrator and dog owner/handler).
  • Dates, method, and participants for sharing the guidelines and procedures with staff and students (minimum of once a year)
  • Proof of insurance
  1. Insurance:  A district staff member using a professional therapy dog according to the above guidelines, must be covered by their private insurance policy (minimum $1 million liability coverage).

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

  1. Handlers should evaluate their dog’s health and attitude before each working day.

  2. 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.

  3. 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.

  4. Handlers/designated adults will always clean up after the dog, inside or outside the facility.

  5. Give verbal commands firmly and calmly and praise the dog for exemplary behavior.

  6. 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.

  7. If treats are used, students should be taught to give the treat with a flat hand or drop the treat on the ground.

  8. Always be alert to signs of stress in the dog. Some signs of stress may be:

  • Excessive panting
  •  Dog jumps or climbs on handler for security
  •  Dog hides behind handler
  •  Shaking or tremors, or ears and tail pressed closed to body
  •  Yawning and changes in facial expression
  •  Dog looks for doorway or other escape route
  •  Noticeable change in behavior and/or desire to socialize. Be aware of small items dropped on the floor and do not allow the dog to rummage through trash containers.
  •  Use the “Leave it!” command if this situation arises.
  • When working with disabled persons, the designated adult will assist in commanding and handling the dog.
  • Never knowingly put your dog in a questionable or threatening situation.
  • All KCSD handlers/designated adults will follow the district guidelines to ensure the safety of their dogs and students; in addition, following these guidelines will help provide for the appropriate hygiene and veterinary care for their dogs, ensuring a long and healthy certified assistance dog team relationship.

Approved:  11/23/2020             Reviewed:  1/24/2022                   Revised:         

    DRAFT 106 Title IX: Discrimination and Harassment Based on Sex Prohibited*

    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.

    The board believes in the importance of creating a learning environment where all students can succeed.  For this reason, it is essential that all students and employees have appropriate access to the education program and activities of the district. The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.

    Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.  Conduct that  occurs under the district’s education program or activity includes but is not limited to conduct that occurs in a building owned or controlled by the district or a student organization that is officially recognized by a postsecondary institution, and conduct that is subject to the recipient’s disciplinary authority.

    The Superintendent or their designee will develop administrative regulations in furtherance of this policy.

    Important Definitions

    Complainant means a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

    Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.

    Respondent means a person who is alleged to have violated the District’s prohibition on sex discrimination.

    Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

    Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

    (1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
    (2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
    (i) The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
    (ii) The type, frequency, and duration of the conduct;
    (iii) The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
    (iv) The location of the conduct and the context in which the conduct occurred; and
    (v) Other sex-based harassment in the recipient’s education program or activity; or
    (3) Specific offenses.
    (i) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
    (ii) Dating violence meaning violence committed by a person:
    (A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    (1) The length of the relationship;
    (2) The type of relationship; and
    (3) The frequency of interaction between the persons involved in the relationship;
    (iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:
    (A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
    (B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
    (C) Shares a child in common with the victim; or
    (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
    (iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    (A) Fear for the person’s safety or the safety of others; or
    (B) Suffer substantial emotional distress.

    Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

    (1) Restore or preserve that party’s access to the recipient’s education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or
    (2) Provide support during the recipient’s grievance procedures or during an informal resolution process.

    Legal Reference :                        34 C.F.R. 106

     

    Approved:  08/24/2020             Reviewed: 1/24/2022                  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:    1/24/2022                 Revised:         

    DRAFT 106.1E1 Notice of Non-Discrimination

    The District does not discriminate on the basis of sex and prohibits sex discrimination in all education
    programs and activities operated by the district, as required by Title IX, including in admission and
    employment.
    Inquiries about the application of Title IX to the district may be referred to the district’s Title IX
    coordinator, (Linda Russell, Director of Human Resources; 641-842-6551 or linda.russell@kcsd.k12.ia.us,) the Office of Civil
    Rights, or both.
    The district’s Title IX Nondiscrimination policy and grievance procedures are located in electronic format
    within the district’s policy reference manual, accessible through the district’s website. For questions
    locating this policy please contact the Board Secretary.
    Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of
    sex discrimination should contact the district’s Title IX Coordinator, (Linda Russell, Director of Human Resources; 641-842-6551 or linda.russell@kcsd.k12.ia.us.)

     

     

    DRAFT 106.1R1 Education on Title IX Purpose and Requirements

    All employees will receive training on the district’s obligation to address sex discrimination in the district’s education
    programs and activities. The training will include but not be limited to the scope of conduct that constitutes sex
    discrimination under Title IX, including the definition of sex-based harassment, pregnancy-related conditions and the
    district’s response to sex discrimination.

    Employees who serve as investigators, decision makers, are responsible for implementing grievance procedures, or
    who can modify or terminate supportive measures will receive training that includes but is not limited to the district’s
    response to sex discrimination, grievance procedures, how to serve impartially (if applicable to their role), and the
    meaning of the term “relevant” as applied in 34 CFR 106.45 &.46.

    Employees who facilitate informal resolutions will receive the training for all employees listed above as well as
    training on the requirements of the informal resolution process and how to serve impartially.

    Employees who serve as the Title IX coordinator or designee must receive all of the training listed above as well as
    their job specific responsibilities, recordkeeping requirements, and any other training necessary to comply with Title
    IX

    DRAFT 106.1R2 Non-Discrimination in Pregnancy and Related Conditions

    It is a priority of the District that all students have the opportunity to succeed academically. In particular, students
    who are experiencing pregnancy and related conditions should receive the supports necessary to continue their
    education through successful completion. For this purpose, the District outlines measures the District will take to
    ensure opportunity for academic success for pregnant students.

    Pregnant students will be treated in the same manner as other students with temporary medical conditions. When a
    student or their parent informs any employee of the student’s pregnancy or related conditions, the employee will
    provide the Title IX Coordinator’s contact information to the student or student’s parents, and explain that the Title
    IX Coordinator can coordinate specific actions to prevent sex discrimination and endure the student’s equal access to
    the recipient’s education program or activity.

    The Title IX Coordinator will coordinate the following actions:

    • Inform the pregnant student of the district’s obligations and provide the Title IX Notice of Non-Discrimination.
    • Make reasonable modifications to any district policies, practices or procedures as necessary to prevent sex discrimination and help ensure equal access to the district’s education program and activities. Modifications will be tailored to the needs of the student and will not fundamentally alter the education program or activities.
    • Allow the student to voluntarily access any separate and comparable portion of the education program or activity.
    • Permit the student to take a temporary leave of absence from the education program or activity with no loss of academic status, if deemed medically necessary by the student’s medical provider.
    • Permit access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion or interruption, and able to be used by a student to express breast milk or breastfeed as needed.

    Students affected by this regulation should reach out to the Title IX Coordinator with any questions or concerns
    related to the implementation of this regulation.

    DRAFT 106.1R3 Responding to Complaints of Sex Discrimination

    The district will respond to reports of sex discrimination promptly and efficiently. All district employees are required
    to immediately notify the Title IX Coordinator when they have information about conduct that may reasonably
    constitute sex discrimination. Failure to timely notify the Title IX Coordinator may result in disciplinary action up to
    and including termination of employment.

    The Title IX Coordinator will:

    • Treat the complainant and respondent equitably.
    • Offer supportive measures for the Complainant as appropriate, and if grievance procedures have been started, offer supportive measures to the Respondent as appropriate.
    • Notify the complainant of the grievance process and informal resolution process if appropriate and request by all parties.
    • Determine whether to start a complaint of sex discrimination in the absence of a complaint, and in the absence or termination of an informal resolution process.
    • Take appropriate and necessary steps to ensure sex discrimination does not continue to occur within the district.

    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 related processes.
    • 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.

    Supportive Measures
    Supportive measures may vary based on the specific facts of each situation and what the district can reasonably
    offer. The purpose of supportive measures is to allow equitable access to the education program and activities for
    the parties involved in a complaint. Supportive measures will not be used as a punishment for any party. They may
    include but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort
    services, increased monitoring of certain areas of campus, restrictions on contact applied to one or more individuals,
    leave of absence, changes in class/work/extracurricular activity, and training and education programs related to sex-
    based harassment. The District will review supportive measures and determine whether to modify or terminate these
    measures at the conclusion of any grievance or informal resolution process.

    Informal Resolution
    The District may offer to the complainant and respondent the option to engage in an informal resolution process to
    resolve complaints of sex discrimination unless the complaint is of sex-based harassment by an employee to a
    student, or if the informal resolution process would conflict with applicable laws. The informal resolution process
    can occur at any time prior to a determination of whether sex discrimination occurred. The parties to a complaint
    must voluntarily consent to the informal resolution. Before the parties may consent to this process, the Title IX
    Coordinator will provide notice to the parties that explains:

    • The allegations;
    • The requirements of the informal resolution process;
    • That, before agreeing to a resolution, either party may withdraw their consent to the informal process and start or resume a grievance process;
    • That the parties’ agreement to a resolution through the informal process would be a final resolution that would stop any grievance process for those allegations;
    • Possible terms that could be included in an informal resolution agreement;
    • That resolution is binding only on the parties; and
    • What information the District will retain and whether/how that information may be disclosed.

    If informal resolution is pursued, the Title IX Coordinator will provide the parties with written notice of the
    allegations and provide adequate time for the Title IX Coordinator to consult with all parties to gather relevant
    permissible evidence, discuss supportive measures for each party, if appropriate, and discuss an acceptable
    resolution to the allegations. Once an agreement is reached, the Title IX Coordinator will commit the terms to writing
    and each party will sign their commitment to the agreement.

    Emergency Removal and Administrative Leave
    In rare circumstances, the District may remove a student respondent from the education program or activity after
    the district performs an individualized safety and risk analysis and decides an imminent and serious threat to the
    health or safety of the complainant or others justifies removal. The District will provide the respondent with notice
    and the opportunity to challenge the decision immediately after the removal.

    Likewise, the District may determine to place employee respondents on administrative leave during the pendency of
    the grievance process.

    DRAFT 106.1R4 Grievance Procedure

    This regulation discusses the steps required in handling complaints of sex discrimination when the allegation is that
    an individual(s) engaged in conduct that constitutes sex discrimination.

    The following individuals can make a complaint of sex discrimination, including complaints of sex-based harassment,
    and request the District to investigate and make a decision about alleged Title IX violations: a complainant, a parent,
    guardian or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX
    Coordinator.

    The following individuals can make complaints of sex discrimination but not sex-based harassment: any student or
    employee, any person other than a student or employee who was participating or attempting to participate in the
    recipient’s education program or activity at the time of the alleged sex discrimination. The district’s designated Title IX Coordinator is (Linda Russell, Director of Human Resources, (641)842-6551, linda.russell@kcsd.k12.ia.us, 418 South Park Lane Dr, Knoxville, Ia 50138.  [Insert name, title, phone, email and mailing address for all Title IX Coordinators and back up coordinators].

    The District will treat complainants and respondents equitably. The District requires that the Title IX Coordinator and
    any other District official involved in facilitating these grievance procedures not have a conflict of interest or bias for
    or against complainants or respondents generally or an individual complainant or respondent. The District presumes
    that the respondent is not responsible for the alleged sex discrimination until a determination is made at the
    conclusion of its grievance procedures.

    I. Timeframes for Investigation, Decision and Appeal
    The District has established the following time frames for the major stages of the grievance procedures. Generally,
    the District will attempt to complete the investigation and make a determination regarding responsibility within
    twenty (20) calendar days of receipt of a 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. The Investigator will issue a written
    decision to all parties.

    The complaint is closed after the Investigator has issued the written decision, unless within [state number of days -
    10] working days after receiving the decision, either party appeals the decision to the superintendent by making a
    written request detailing why they believe the decision should be reconsidered. Within [state number of days - 30]
    working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather
    additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the
    decision within [state number of days – 5] working days of the decision.

    The decision of the superintendent shall be final.

    The District has also established the following process that allows for the reasonable extension of time frames on a
    case-by-case basis for good cause with notice to the parties that includes the reason for the delay. The Investigator
    will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is
    warranted. If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint
    and provide a reasonable amended time frame by which a decision will be issued.

    II. Privacy and Neutrality of the Grievance Process
    The District will take reasonable steps, including requiring the parties to protect the privacy of the parties and
    witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed.
    These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to
    witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or
    participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

    The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both
    inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
    The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or
    considered, except by the District to determine whether one of the exceptions listed below applies; will not be
    disclosed; and will not otherwise be used), regardless of whether they are relevant:

    • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
    • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
    • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

    III. Notice of Allegations
    Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:

    • The District’s Title IX grievance procedures and any informal resolution process;
    • Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
    • Retaliation is prohibited; and
    • The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. [If the District provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.]

    If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

    IV. Investigation

    The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint. The Investigator must be appropriately trained and 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 District will provide for adequate, reliable, and impartial investigation of complaints.
    • The burden is on the District, not on the parties, to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
    • The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.
    • The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
    • The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
      • The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence: the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
      • The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and 
      • The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

    The District will provide a process that enables the Investigator to question parties and witnesses to adequately
    assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or
    more allegations of sex discrimination. The District will provide to the parties prior written notice of the date, time,
    and location, of any interview of that party. Advisors may attend the interview in an observational capacity only.
    Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness.

    V. Determination of Responsibility
    Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, The District will:

    • Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
    • Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
    • Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
    • If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
      • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District education program or activity limited or denied by sex discrimination;
      • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and 
      • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District education program or activity.
    • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and 
    • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

    VI. Dismissal and Appeal of a Complaint:
    The District may dismiss a complaint of sex discrimination if:

    • The District is unable to identify the respondent after taking reasonable steps to do so; 
    • The respondent is not participating in the District education program or activity and is not employed by the District; 
    • The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
    • The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

    Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs
    after the respondent has been notified of the allegations, then the District will also notify the respondent of the
    dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if
    notification is in writing.

    The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an
    opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of
    the allegations, then The District will also notify the respondent that the dismissal may be appealed. Dismissals may
    be appealed on the following bases:

    • Procedural irregularity that would change the outcome; 
    • New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
    • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

    If the dismissal is appealed, the District will:

    • Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent; 
    • Implement appeal procedures equally for the parties; 
    • Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint; 
    • Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
    • Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and 
    • Notify the parties of the result of the appeal and the rationale for the result.

    When a complaint is dismissed, The District will, at a minimum:

    • Offer supportive measures to the complainant as appropriate;
    • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and 
    • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within The District education program or activity.

    VII. Appeal of Determinations, if offered
    The District offers the following process for appeals from a determination for whether sex discrimination occurred.
    Within ten (10) working days of receipt of the written determination, any party may appeal the determination and/or
    any sanction imposed. Appeals will be made in writing to the Superintendent or their designee.

    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 or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter.

    Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and
    appeal to the superintendent. Within [state number of days - 30] working days, the superintendent shall affirm,
    reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall
    notify the complainant, respondent, and the Investigator of the decision within [state number of days – 5] working
    days of the decision. Notification shall be by U.S. mail, first class.

    The decision of the superintendent shall be final.

    VIII. Supportive Measures
    The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to
    restore or preserve that person’s access to the District education program or activity or provide support during the
    District Title IX grievance procedures or during the informal resolution process.

    IX. Disciplinary Sanctions and Remedies
    Following a determination that a student(s) committed sex-based harassment, the District may impose disciplinary
    sanctions on the student(s), which may include but not be limited to education and training related to Title IX,
    removal from the educational environment in accordance with all other applicable laws, change of classroom
    assignment or class schedule, suspension, expulsion.

    Following a determination that an employee(s) committed sex-based harassment, the District may impose
    disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment.

    The District may also provide remedies, which may include counseling, training, changes or modifications to class or
    work schedules or assignments, provision of additional supervision.

     

    DRAFT 106.1R4 Grievance Procedure

    This regulation discusses the steps required in handling complaints of sex discrimination when the allegation is that an individual(s) engaged in conduct that constitutes sex discrimination. 

    The following individuals can make a complaint of sex discrimination including complaints of sex-based harassment, and request the District to investigate and make a decision about alleged Title IX violations:  a complainant, a parent, guardian or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX Coordinator. 

    The following individuals can make complaints of sex discrimination but not sex-based harassment: any student or employee, any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

    The district’s designated Title IX Coordinator is Linda Russell, Director of Human Resources, 641-842-6551, linda.russell@kcsd.k12.ia.us.

    The District will treat complainants and respondents equitably.  The District requires that the Title IX Coordinator and any other District official involved in facilitating these grievance procedures not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.  The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

    1. Timeframes for Investigation, Decision and Appeal

    The District has established the following timeframes for the major stages of the grievance procedures: Generally the District will attempt to complete the investigation and make a determination regarding responsibility within twenty (20) school days of receipt of a 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.  The Investigator will issue a written decision to all parties.

    The complaint is closed after the Investigator has issued the written decision, unless within 10 calendar days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why they believe the decision should be reconsidered. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision.

    The decision of the superintendent shall be final.

    The District has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay: the Investigator will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is warranted.  If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint and provide a reasonable amended timeframe by which a decision will be issued.

    II.             Privacy and Neutrality of the Grievance Process

    The District will take reasonable steps, including requiring the parties to protect the privacy of the parties and witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

    The District will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

    The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

    • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
    • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
    • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

    III.    Notice of Allegations:

    Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:

    • The District’s Title IX grievance procedures and any informal resolution process;
    • Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
    • Retaliation is prohibited; and
    • The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. [If the District provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.]

    If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

    IV.  Investigation:

    The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint. The Investigator must be appropriately trained and 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 District will provide for adequate, reliable, and impartial investigation of complaints.

    The burden is on the District—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

    The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

    The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

    The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

    • The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence: the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
    • The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
    • The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

    The District will provide a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The District will provide to the parties prior written notice of the date, time, and location, of any interview of that party.  Advisors may attend the interview in an observational capacity only. Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness.

    V.      Determination of Responsibility:

    Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, The District will:

    • Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
    • Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
    • Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
    • If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
      • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District education program or activity limited or denied by sex discrimination;
      • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
      • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District education program or activity.
    • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
    • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

    VI.     Dismissal and Appeal of a Complaint:

    The District may dismiss a complaint of sex discrimination if:

    • The District is unable to identify the respondent after taking reasonable steps to do so;
    • The respondent is not participating in The District education program or activity and is not employed by The District;
    • The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and The District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
    • The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, The District will make reasonable efforts to clarify the allegations with the complainant.

    Upon dismissal, The District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then The District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

    The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then The District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

    • Procedural irregularity that would change the outcome;
    • New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
    • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

    If the dismissal is appealed, The District will:

    • Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
    • Implement appeal procedures equally for the parties;
    • Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
    • Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
    • Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
    • Notify the parties of the result of the appeal and the rationale for the result.

    When a complaint is dismissed, The District will, at a minimum:

    • Offer supportive measures to the complainant as appropriate;
    • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
    • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within The District education program or activity.

    VII.     Appeal of Determinations, if offered:

    The District offers the following process for appeals from a determination whether sex discrimination occurred:  Within ten (10) calendar days of receipt of the written determination, any party may appeal the determination and/or any sanction imposed. Appeals will be made in writing to the Superintendent or their designee.

    Appeals will be limited to any of the following bases:

    • A procedural irregulatity that affected teh 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 or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter.

    Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.

    The decision of the superintendent shall be final.

    VIII.     Supportive Measures:

    The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District education program or activity or provide support during the District Title IX grievance procedures or during the informal resolution process.

    IX.       Disciplinary Sanctions and Remedies:

    Following a determination that a student(s) committed sex-based harassment, the District may impose disciplinary sanctions on the student(s), which may include but not be limited to education and training related to Title IX, removal from the educational environment in accordance with all other applicable laws, change of classroom assignment or class schedule, suspension, expulsion.

    Following a determination that an employee(s) committed sex-based harassment, the District may impose disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment.

    The District may also provide remedies, which may include counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision.

    DRAFT 106.1R5 Informal Resolution Procedure

    This regulation discusses the steps required in handling complaints of sex discrimination when the parties have
    mutually agreed to pursue informal resolution of complaints of sex discrimination.

    Informal resolution is available unless the complaint is of sex-based harassment by an employee to a student, or if
    the informal resolution process would conflict with applicable laws. Prior to consenting to the informal resolution
    process, the Title IX Coordinator will provide written notice to the parties as described in 106.01R3 and will obtain
    written consent from both parties to participate in Informal Resolution. If either party declines to consent to
    Informal Resolution, the Complainant will be given the option of withdrawing the Title IX complaint and proceeding
    with supportive measures only (if applicable) or proceeding with the formal grievance procedure described in
    106.01R4.

    The District will provide a process where the Title IX Coordinator or a trained Informal Resolution facilitator
    designated by the Title IX Coordinator, will meet with each party to gather information about each party’s
    perspective on the complaint and proposed resolution to the complaint. If necessary, the Title IX Coordinator or
    designee will gather additional information from other individuals, where relevant to developing a proposed
    resolution to the complaint.

    The Title IX Coordinator will propose a resolution in writing to both parties after taking into consideration the
    requests of the parties and appropriate resolution and supportive measures as determined by the Title IX
    Coordinator or designee. The Title IX Coordinator or designee will work with the parties to finalize the terms of the
    resolution agreement. Once agreed upon by the parties, both parties will sign the resolution agreement, which will
    affirm that they have voluntarily agreed to the resolution agreement and that it is the final, binding resolution of the
    Title IX complaint. If both parties sign the Agreement, the Title IX complaint will be closed and no further action will
    be taken by the District (other than to ensure compliance with the resolution agreement). In general, the Title IX
    Coordinator or designee will attempt to complete the Informal Resolution process within ten (10) school days after
    the parties consent in writing to participate. The signed Informal Resolution Agreement will be provided to both
    parties, the building administrator or supervisor responsible for overseeing the implementation of the Agreement,
    and other District employees only on a need-to-know basis. A copy will be maintained by the Title IX Coordinator in
    compliance with the timelines required by Title IX.

    If an acceptable agreement cannot be developed, or if either or both parties decline to sign the resolution agreement,
    the Title IX Coordinator will notify both parties that Informal Resolution has not been successful. If the Complainant
    wishes to proceed with the formal grievance procedure described in 106.01R4, the Title IX Coordinator will assign
    the complaint to an Investigator who was not involved in the Informal Resolution process to conduct the
    investigation into the complaint. All procedures and timelines in 106.01R4 will apply once the matter is moved to
    the formal grievance process.