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:
III. Notice of Allegations
Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:
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 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:
VI. Dismissal and Appeal of a Complaint:
The District may dismiss a complaint of sex discrimination if:
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:
If the dismissal is appealed, the District will:
When a complaint is dismissed, The District will, at a minimum:
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:
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.