Introduction
The Board does not discriminate on the basis of sex (including sexual orientation orgender identity), in its education programs or activities, and is required by Title IX ofthe Education Amendments Act of 1972, and its implementing regulations, not todiscriminate in such a manner. The requirement not to discriminate in its educationprogram or activity extends to admission and employment.
The Board is committed tomaintaining an education and work environment that is free from discrimination basedon sex, including sexual harassment.
The Board prohibits sexual harassment that occurs within its education programs andactivities. When the District has actual knowledge of sexual harassment in itseducation program or activity against a person in the United States, it shall promptlyrespond in a manner that is not deliberately indifferent.
Pursuant to its Title IX obligations, the Board is committed to eliminating sexualharassment and will take appropriate action when an individual is determinedresponsible for violating this policy. Members of the School District community whocommit Sexual Harassment are subject to the full range of disciplinary sanctions setforth in this policy. Third Parties who engage in sexual harassment are also subject tothe disciplinary sanctions listed in this policy. The Board will provide persons who haveexperienced Sexual Harassment ongoing supportive measures as reasonably necessaryto restore or preserve access to the District’s education programs and activities.
Coverage
This policy applies to sexual harassment that occurs within the District’s educationprograms and activities and that is committed by a Board employee, student, ThirdParty vendor or contractor, guest, or other members of the school community.
This policy does not apply to sexual harassment that occurs off school grounds, in aprivate setting, and outside the scope of the Board’s education programs and activities;such sexual misconduct/sexual activity may be prohibited by the Student Code ofConduct if committed by a student, or by Board policies and administrative guidelines,applicable State and/or Federal laws
if committed by a Board employee.
Consistent with the U.S. Department of Education’s implementing regulations for TitleIX, this policy does not apply to sexual harassment that occurs outside the geographicboundaries of the United States, even if the sexual harassment occurs in the District’seducation programs or activities. Sexual harassment that occurs outside thegeographic boundaries of the United States is governed by the Student Code ofConduct if committed by a student, or by other applicable Board policies andadministrative guidelines, applicable State and/or Federal laws if committed by a Boardemployee.
Complaints alleging sexual harassment and/or discrimination on the basis of sex arealso covered by and subject to the investigation procedures in Board Policy 5517 -Student Anti-Harassment. Complaints not covered by this policy may still be governedby and subject to the procedures in Policy 5517 - Student Anti-Harassment.
Definitions
Words used in this policy shall have those meanings defined herein; words not definedherein shall be construed according to their plain and ordinary meanings.
Sexual Harassment:
“Sexual Harassment” means conduct on the basis of sex thatsatisfies one or more of the following:
A. A Board employee conditioning the provision of an aid, benefit, or service of theDistrict on an individual’s participation in unwelcome sexual conduct (oftencalled “
quid pro quo ” harassment);
B. Unwelcome conduct determined by a reasonable person to be so severe,pervasive,
and
objectively offensive that it effectively denies a person equalaccess to the District’s education program or activity; or
C. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” asdefined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C.12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
1. “Sexual assault” means any sexual act directed against another person,without the consent of the victim, including instances where the victim isincapable of giving consent, and the "nonforcible" sex offenses of incestand statutory rape. Sexual assault includes rape, sodomy, sexualassault with an object, fondling, incest, and statutory rape.
a. Rape
is the carnal knowledge of a person (i.e., penetration, nomatter how slight, of the genital or anal opening of a person),without the consent of the victim, including instances where thevictim is incapable of giving consent because of age or because oftemporary or permanent mental or physical incapacity.
b. Sodomy
is oral or anal sexual intercourse with another person,without the consent of the victim, including instances where thevictim is incapable of giving consent because of age or because oftemporary or permanent mental or physical incapacity.
c. Sexual Assault with an Object
is using an object or instrument tounlawfully penetrate, however slightly, the genital or anal openingof the body of another person, without the consent of the victim,including instances where the victim is incapable of givingconsent because of age or because of temporary or permanentmental or physical incapacity. An “object” or “instrument” isanything used by the offender other than the offender’s genitalia.
d. Fondling
is the touching of the private body parts of anotherperson for the purpose of sexual gratification, without theconsent of the victim, including instances where the victim isincapable of giving consent because of age or because oftemporary or permanent mental or physical incapacity.
e. Incest
is nonforcible sexual intercourse between persons who arerelated to each other within the degrees wherein marriage isprohibited by State law.
f. Statutory Rape
is nonforcible sexual intercourse with a personwho is under the statutory age of consent as defined by
948.02or 948.09, Wis. Stats. or whose status as a student prohibitssuch sexual contact per 948.095, Wis. Stats.
g. Other Sexual Contact
includes the intentional emission of bodilyfluids on the complainant, or at the direction of the Respondent,for the purposes of sexual gratification as defined in 940.225(5)(b), Wis. Stats.
h. Consent
refers to words or actions that a reasonable personwould understand as agreement to engage in the sexual conductat issue. A person may be incapable of giving consent because ofage or because of temporary or permanent mental or physicalincapacity. A person who is incapacitated is not capable of givingconsent.
i. Incapacitated
refers to the state where a person does notunderstand and/or appreciate the nature or fact of sexual activitydue to the effect of drugs or alcohol consumption, medicalcondition, disability, or due to a state of unconsciousness orsleep.
2. “Domestic violence” includes felony or misdemeanor crimes of violencecommitted by:
a. A current or former spouse or intimate partner of the victim;
b. A person with whom the victim shares a child in common;
c. A person who is cohabitating with or has cohabitated with thevictim as a spouse or intimate partner;
d. A person similarly situated to a spouse of the victim under thedomestic or family violence laws of the jurisdiction in which thecrime occurred; or
e. Any other person against an adult or youth victim who isprotected from that person’s acts under the domestic or familyviolence laws of the jurisdiction in which the crime occurred.
3. “Dating violence” means violence committed by a person who is or hasbeen in a social relationship of a romantic or intimate nature with thevictim. The existence of such a relationship shall be determined basedon consideration of the length of the relationship, the type ofrelationship, and the frequency of interaction between the personsinvolved in the relationship.
4. “Stalking” means engaging in a course of conduct directed at a specificperson that would cause a reasonable person to – (1) fear for theperson’s safety or the safety of others; or (2) suffer substantialemotional distress.
Complainant:“Complainant” means an individual who is alleged to be the victim ofconduct that could constitute sexual harassment.
Respondent: “Respondent” means an individual who has been reported to be theperpetrator of conduct that could constitute sexual harassment.
Formal Complaint: “Formal complaint” means a document filed by a Complainant orsigned by the Title IX Coordinator alleging sexual harassment against a Respondentand requesting that the District investigate the allegation(s) of sexual harassment. Atthe time of filing a formal complaint with the District, a Complainant must beparticipating in or attempting to participate in the District’s education program oractivity. A “document filed by a complainant’’ means a document or electronicsubmission (such as by electronic mail or through an online portal that the Boardprovides for this purpose) that contains the Complainant’s physical or digital signature,or otherwise indicates that the Complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not
a Complainant or a party to the formal complaint and must not have a conflict ofinterest or bias for or against complainants or respondents generally or an individualcomplainant or respondent.
Actual Knowledge:“Actual knowledge” means notice of sexual harassment orallegations of sexual harassment to the District’s Title IX Coordinator, or any Districtofficial who has authority to institute corrective measures on behalf of the Board, orany Board employee. The mere ability or obligation to report Sexual Harassment or toinform a student about how to report sexual harassment, or having been trained to doso, does not qualify an individual as one who has authority to institute correctivemeasures on behalf of the District. “Notice” includes, but is not limited to, a report ofsexual harassment to the Title IX Coordinator. This standard is not met when the onlyDistrict official with actual knowledge is the Respondent.
Imputation of knowledge-based solely on vicarious liability or constructive notice is insufficient to constituteactual knowledge.
Supportive Measures: “Supportive measures” means non-disciplinary, non-punitiveindividualized services offered as appropriate, as reasonably available, and without feeor charge to the Complainant or the Respondent before or after the filing of a formalcomplaint or where no formal complaint has been filed. Such measures are designedto restore or preserve equal access to the District’s education program or activitywithout unreasonably burdening the other party, including measures designed toprotect the safety of all parties or the District’s educational environment or detersexual harassment. Supportive measures may include counseling, extensions ofdeadlines or other course-related adjustments, modifications of work or classschedules, school/campus escort services, mutual restrictions of contact between theparties, changes in work locations), leaves of absence, increased security andmonitoring of certain areas of the campus (including school buildings and facilities),and other similar measures.
Education Program or Activity: “Education program or activity” refers to alloperations of the District over which the Board exercises substantial control, includingin-person and online educational instruction, employment, extra-curricular activities,athletics, performances, and community engagement, and outreach programs. Theterm applies to all activity that occurs on school grounds or on other property owned oroccupied by the Board. It also includes events and circumstances that take place off-school property/grounds if the Board exercises substantial control over both theRespondent and the context in which the sexual harassment occurs.
School District community: "School District community" refers to students andBoard employees (i.e., administrators, and professional and support staff), as well asBoard members, agents, volunteers, contractors, or other persons subject to thecontrol and supervision of the Board.
Third Parties: "Third Parties" include, but are not limited to, guests and/or visitors onSchool District property (e.g., visiting speakers, participants on opposing athleticteams, parents), vendors doing business with, or seeking to do business with the Board, and other individuals who come in contact with members of the School Districtcommunity at school-related events/activities (whether on or off District property).
Inculpatory Evidence: “Inculpatory evidence” is evidence that tends to establish aRespondent’s responsibility for alleged sexual harassment.
Exculpatory Evidence: “Exculpatory evidence” is evidence that tends to clear orexcuse a Respondent from allegations of sexual harassment.
Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in thispolicy means business day(s) (i.e., a day(s) that the Board office is open for normaloperating hours, Monday – Friday, excluding State-recognized holidays),Eligible Student: “Eligible student” means a student who has reached eighteen (18)years of age or is attending an institution of postsecondary education.
Title IX Coordinator(s) The Board designates and authorizes the following individual(s) to oversee andcoordinate its efforts to comply with Title IX and its implementing regulations:
Jamie Shaffer, Elementary Principal
715-265-4231
850 Maple Street
Glenwood City, WI 54013
jamie.shaffer@gcsd.k12.wi.us
Erin Spaeth, Director of Student Services
715-265-4757
850 Maple Street
Glenwood City, WI 54013
erin.spaeth@gcsd.k12.wi.us
The Title IX Coordinator shall report directly to the District Administrator except whenthe District Administrator is a Respondent.
In such matters, the Title IX Coordinatorshall report directly to the Board President.
Questions about this policy should bedirected to the Title IX Coordinator.
The District Administrator shall notify applicants for admission and employment,students, parents or legal guardians of elementary and secondary school students,Board employees, and all unions or professional organizations holding collectivebargaining or professional agreements with the Board of the following information:
The Board of the School District of Glenwood City does not discriminate on thebasis of sex in its education program or activity and is required by Title IX andits implementing regulations not to discriminate in such a manner. Therequirement not to discriminate in its education program or activity extends toadmission and employment. The District’s Title IX Coordinator(s) is/are:
Jamie Shaffer, Elementary Principal
715-265-4231
850 Maple Street
Glenwood City, WI 54013
jamie.shaffer@gcsd.k12.wi.us
Erin Spaeth, Director of Student Services
715-265-4757
850 Maple Street
Glenwood City, WI 54013
erin.spaeth@gcsd.k12.wi.us
Any inquiries about the application of Title IX and its implementing regulationsto the District may be referred to the Title IX Coordinator(s), the AssistantSecretary for the U.S. Department of Education’s Office for Civil Rights, or both.
The Board has adopted a grievance process that provides for the prompt andequitable resolution of student and employee complaints alleging any actionthat is prohibited by Title IX and/or its implementing regulations. The grievanceprocess is included in Policy 2266 – Nondiscrimination on the Basis of Sex inEducation Programs or Activities, which is available at:https://www.gcsd.k12.wi.us/
The grievance process specifically addresses howto report or file a complaint of sex discrimination, how to report or file a formalcomplaint of Sexual Harassment, and how the District will respond.
The District Administrator shall also prominently display the Title IX Coordinator’s(s’)contact information – including Name(s) and/or Title(s), Phone Number(s), OfficeAddress(es), and Email Address(es) – and this policy on the District’s website and ineach handbook or catalog that the Board makes available to applicants for admissionand employment, students, parents or legal guardians of elementary and secondaryschool students, Board employees, and all unions or professional organizations holdingcollective bargaining or professional agreements.
Grievance Process
The Board is committed to promptly and equitably resolving student and employeecomplaints alleging Sexual Harassment. The District’s response to allegations of sexualharassment will treat Complainants and Respondents equitably, including providing supportive measures to the Complainant and Respondent, as appropriate, andfollowing this grievance process before the imposition of any disciplinary sanctions orother actions, other than supportive measures, against the Respondent.
The Title IX Coordinator(s), along with any investigator(s), decision-maker(s), or anyperson(s) designated to facilitate an informal resolution process, shall not have aconflict of interest or bias for or against complainants or respondents generally or anindividual complainant or respondent.
If a determination of responsibility for sexual harassment is made against theRespondent, the Board will provide remedies to the Complainant. The remedies will bedesigned to restore or preserve equal access to the District’s education program oractivity. Potential remedies include, but are not limited to, individualized services thatconstitute supportive measures. Remedies may also be disciplinary or punitive innature and may burden the Respondent.
The Process described herein relates exclusively to complaints brought under thisPolicy. The District will continue to handle complaints subject to the District's othernondiscrimination and anti-harassment policies including: Policy 5517 - Student Anti-Harassment; Policy 5517.01 - Bullying; Policy 2260 - Nondiscrimination and Access toEqual Educational Opportunity; and Policy 2260.01 - Section 504/ADA ProhibitionAgainst Discrimination Based on Disability.
Report of Sexual Discrimination/Harassment
Any person may report sex discrimination, including sexual harassment (whether ornot the person reporting is the person alleged to be the victim of conduct that couldconstitute sex discrimination or sexual harassment), in person, by mail, by telephone,or by electronic mail using the Title IX Coordinator’s(s’) contact information listedabove, or by any other means that results in the Title IX Coordinator receiving theperson’s oral or written report. Reports may be made at any time (including duringnon-business hours), by using the telephone number(s) or electronic mail address(es),or by mail to the office address(es), listed for the Title IX Coordinator(s).
Board employees are required, and other members of the School District communityand Third Parties are encouraged, to report allegations of sex discrimination or sexualharassment promptly to the/a Title IX Coordinator or to any Board employee who will,in turn, notify the/a Title IX Coordinator. Reports can be made orally or in writing andshould be as specific as possible. The person making the report should, to the extentknown, identify the alleged victim(s), perpetrator(s), and witness(es), and describe indetail what occurred, including date(s), time(s), and location(s).
If a report involves allegations of sexual harassment by or involving the Title IXCoordinator, the person making the report should submit it to the DistrictAdministrator, other Title IX Coordinator, or another Board employee who, in turn, will notify the District Administrator of the report. The District Administrator and/or otherTitle IX Coordinator shall determine who will serve in place of the Title IX Coordinatorfor purposes of addressing that report of sexual harassment.
The Board does business with various vendors, contractors, and other Third Partieswho are not students or employees of the Board. Notwithstanding any rights that agiven vendor, contractor, or Third Party Respondent may have under this policy, theBoard retains the right to limit any vendor’s, contractor’s, or Third Party's access toschool grounds for any reason. The Board further retains all rights it enjoys bycontract or law to terminate its relationship with any vendor, contractor, or Third Partyirrespective of any process or outcome under this policy.
A person may file criminal charges simultaneously with filing a formal complaint. Aperson does not need to wait until the Title IX investigation is completed before filing acriminal complaint. Likewise, questions or complaints relating to Title IX may be filedwith the U.S. Department of Education's Office for Civil Rights at any time.
Any allegations of sexual misconduct/sexual activity not involving sexual harassmentwill be addressed through the procedures outlined in Board policies and/or theapplicable Student Code of Conduct.
Because the Board is considered to have actual knowledge of sexual harassment orallegations of sexual harassment if any Board employee has such knowledge, andbecause the Board must take specific actions when it has notice of sexual harassmentor allegations of sexual harassment, a Board employee who has independentknowledge of or receives a report involving allegations of sex discrimination and/orsexual harassment must notify the/a Title IX Coordinator within two (2) days oflearning the information or receiving the report. The Board employee must also complywith mandatory reporting responsibilities pursuant to 48.981, Wis. Stats. and Policy8462 – Student Abuse and Neglect, if applicable. If the Board employee’s knowledge isbased on another individual bringing the information to the Board employee’s attentionand the reporting individual submitted a written complaint to the Board employee, theBoard employee must provide the written complaint to the Title IX Coordinator.
If a Board employee fails to report an incident of sexual harassment of which the Boardemployee is aware, the Board employee may be subject to disciplinary action, up toand including termination.
When a report of sexual harassment is made, the Title IX Coordinator shall promptly(i.e., within two (2) days) contact the Complainant (including the parent/guardian ifthe Complainant is under eighteen (18) years of age or under guardianship) to discussthe availability of supportive measures, consider the Complainant’s wishes with respectto supportive measures, inform the Complainant of the availability of supportivemeasures with or without the filing of a formal complaint, and explain to theComplainant the process for filing a formal complaint. The Title IX Coordinator isresponsible for coordinating the effective implementation of supportive measures. Any
supportive measures provided to the Complainant or Respondent shall be maintainedas confidential, to the extent that maintaining such confidentiality will not impair theability of the District to provide the supportive measures.
Emergency Removal
: Subject to limitations and/or procedures imposed by Stateand/or Federal law, the District may remove a student Respondent from its educationprogram or activity on an emergency basis after conducting an individualized safetyand risk analysis. The purpose of the individualized safety and risk analysis is todetermine whether the student Respondent poses an immediate threat to the physicalhealth or safety of any student or other individual arising from the allegations of SexualHarassment that justifies removal. If the District determines the student Respondentposes such a threat, it will so notify the student Respondent and the studentRespondent will have an opportunity to challenge the decision immediately followingthe removal. In determining whether to impose emergency removal measures, theTitle IX Coordinator shall consult related District policies, including Policy 5120 -Assignment within District;
Policy 5605 - Suspension/Expulsion of Students withDisabilities, and Policy 5610 – Suspension and Expulsion.
If the Respondent is a non-student employee, the District may place the Respondenton administrative leave during the pendency of the grievance process. Such leave willtypically be paid leave unless circumstances justify unpaid leave in compliance withlegal requirements.
For all other Respondents, including other members of the School District communityand Third Parties, the Board retains broad discretion to prohibit such persons fromentering onto its school grounds and other properties at any time and for any reason,whether after receiving a report of sexual harassment or otherwise.
Formal Complaint of Sexual Harassment
A formal complaint may be filed with the Title IX Coordinator in person, by mail, or byelectronic mail, by using the contact information set forth above. If a formal complaintinvolves allegations of sexual harassment by or involving the Title IX Coordinator, theComplainant should submit the formal complaint to the District Administrator, who willdesignate another person to serve in place of the Title IX Coordinator for the limitedpurpose of implementing the grievance process with respect to that formal complaintthe other Title IX Coordinator who will then proceed with the grievance process withrespect to that formal complaint
The Complainant's wishes with respect to whether a formal complaint is filed will berespected unless the Title IX Coordinator determines that signing a formal complaint toinitiate an investigation over the wishes of the complainant is not clearly unreasonablein light of the known circumstances.
When the Title IX Coordinator receives a formal complaint or signs a formal complaint,the District will follow its grievance process, as set forth herein. Specifically, theDistrict will undertake an objective evaluation of all relevant evidence – including both
inculpatory and exculpatory evidence – and provide that credibility determinations willnot be based on a person’s status as a Complainant, Respondent, or witness.
It is a violation of this policy for a Complainant(s), Respondent(s), and/or witness(es)to knowingly making false statements or knowingly submitting false information duringthe grievance process, including intentionally making a false report of sexualharassment or submitting a false formal complaint. The Board will not tolerate suchconduct, which is a violation of the Student Code of Conduct.
The Respondent is presumed not responsible for the alleged conduct until adetermination regarding responsibility is made at the conclusion of the grievanceprocess.
Timeline
The District will seek to conclude the grievance process within ninety (90) calendardays of receipt of the formal complaint, followed by the appeal process which shall beprocessed in a timely manner.
If the Title IX Coordinator offers informal resolution processes, the informal resolutionprocesses may not be used by the Complainant or Respondent to unduly delay theinvestigation and determination of responsibility. The timeline, however, may besubject to a temporary delay of the grievance process or a limited extension for goodcause with written notice to the Complainant and the Respondent of the delay orextension and the reasons for the action, except that any complaint covered by Policy5517 - Student Anti-Harassment as well must comply with the timelines in that Policy,however, an investigation may still proceed as required under this Policy. Good causemay include considerations such as the absence of a party, a party’s advisor, or awitness; concurrent law enforcement activity; and the need for language assistance oran accommodation of disabilities.
Upon receipt of a formal complaint, the Title IX Coordinator will provide written noticeof the following to the parties who are known:
A.
Notice of the Board’s grievance process, including any informal resolutionprocesses;
B.
Notice of the allegations of misconduct that potentially constitutes sexualharassment as defined in this policy, including sufficient details known at thetime and with sufficient time to prepare a response before any initial interview.Sufficient details include the identities of the parties involved in the incident ifknown, the conduct allegedly constituting sexual harassment, and the date andlocation of the alleged incident, if known. The written notice must:
1.
include a statement that the Respondent is presumed not responsible forthe alleged conduct and that a determination regarding responsibility will
be made at the conclusion of the grievance process;
2.
inform the parties that they may have an advisor of their choice, whomay be, but is not required to be, an attorney, and may inspect andreview evidence;
3.
inform the parties of any provision in the Student Code of Conductand/or this policy, that prohibits knowingly making false statements orknowingly submitting false information during the grievance process.
If during the course of the investigation, the investigator becomes aware of allegationsabout the Complainant or Respondent that are not included in the original noticeprovided to the parties, the investigator will notify the Title IX Coordinator and the TitleIX Coordinator will decide whether the investigator should investigate the additionalallegations; if the Title IX Coordinator decides to include the new allegations as part ofthe investigation, the Title IX Coordinator will provide notice of the additionalallegations to the parties whose identities are known.
Dismissal of a Formal Complaint
The District shall investigate the allegations in a formal complaint
unless
the conductalleged in the formal complaint:
A.
would not constitute sexual harassment (as defined in this policy) even ifproved;
B.
did not occur in the District’s education program or activity; or
C.
did not occur against a person in the United States.
If one of the preceding circumstances exist, the Title IX Coordinator
shall
dismiss theformal complaint. If the Title IX Coordinator dismisses the formal complaint due to oneof the preceding reasons, the District may still investigate and take action with respectto such alleged misconduct pursuant to another provision of an applicable code ofconduct, and/or Board policy.
The Title IX Coordinator
may
dismiss a formal complaint, or any allegations therein, ifat any time during the investigation.
A.
a Complainant notifies the Title IX Coordinator in writing that the Complainantwould like to withdraw the formal complaint or any allegations therein;
B.
the Respondent is no longer enrolled in the District or employed by the Board;or
C.
specific circumstances prevent the District from gathering evidence sufficient toreach a determination as to the formal complaint or allegations therein.
If the Title IX Coordinator dismisses a formal complaint or allegations therein, the TitleIX Coordinator must promptly send written notice of the dismissal and the reason(s)therefor simultaneously to the parties.
Consolidation of Formal Complaints
The Title IX Coordinator may consolidate formal complaints as to allegations of sexualharassment against more than one (1) Respondent, or by more than one (1)Complainant against one (1) or more Respondents, or by one (1) party against theother party, where the allegations of sexual harassment arise out of the same facts orcircumstances.
Where a grievance process involves more than one (1) Complainant or more than one(1) Respondent, references in this policy to the singular ‘‘party,’’ ‘‘Complainant,’’ or‘‘Respondent’’ include the plural, as applicable.
Informal Resolution Process
Under no circumstances shall a Complainant be required as a condition of enrollment orcontinuing enrollment, or employment or continuing employment, or enjoyment of anyother right, to waive any right to an investigation and adjudication of a formalcomplaint of sexual harassment. Similarly, no party shall be required to participate inan informal resolution process.
If a formal complaint is filed, the Title IX Coordinator may offer to the parties aninformal resolution process. If the parties mutually agree to participate in the informalresolution process, the Title IX Coordinator shall designate a trained individual tofacilitate an informal resolution process, such as mediation, that does not involve a fullinvestigation and adjudication. The informal resolution process may be used at anytime prior to the decision-maker(s) reaching a determination regarding responsibility.
If the Title IX Coordinator is going to propose an informal resolution process, the TitleIX Coordinator shall provide to the parties a written notice disclosing:
A.
the allegations;
B.
the requirements of the informal resolution process including the circumstancesunder which it precludes the parties from resuming a formal complaint arisingfrom the same allegations; and
C.
any consequences resulting from participating in the informal resolutionprocess, including the records that will be maintained or could be shared.
Any time prior to agreeing to a resolution, any party has the right to withdraw from theinformal resolution process and resume the grievance process with respect to theFormal Complaint.
Before commencing the informal resolution process, the Title IX Coordinator shallobtain from the parties their voluntary, written consent to the informal resolutionprocess.
During the pendency of the informal resolution process, the investigation andadjudication processes that would otherwise occur are stayed and all related deadlinesare suspended.
The informal resolution process is not available to resolve allegations that a Boardemployee or another adult member of the School District community or Third Partysexually harassed a student.
The informal resolution process is not available to resolve allegations involving a sexualassault involving a student Complainant and a student Respondent.
Investigation of a Formal Complaint of Sexual Harassment
In conducting the investigation of a formal complaint and throughout the grievanceprocess, the burden of proof and the burden of gathering evidence sufficient to reach adetermination regarding responsibility is on the District, not the parties.
In making the determination of responsibility, the decision-maker(s) is (are) directed touse the preponderance of the evidence standard. The decision-maker(s) is chargedwith considering the totality of all available evidence, from all relevant sources.
The District is not permitted to access, consider, disclose, or otherwise use a party’srecords that are made or maintained by a physician, psychiatrist, psychologist, or otherrecognized professional or paraprofessional acting in the professional’s orparaprofessional’s capacity or assisting in that capacity, and which are made andmaintained in connection with the provision of treatment to the party, unless the partyprovides the District with voluntary, written consent to do so; if a student party is notan eligible student, the District must obtain the voluntary, written consent of a parent.
Similarly, the investigator(s) and decision-maker(s) may not require, allow, rely uponor otherwise use questions or evidence that constitute, or seek disclosure of,information protected under a legally recognized privilege, unless the person holdingsuch privilege has waived the privilege in writing.
As part of the investigation, the parties have the right to:
A.
present witnesses, including fact and expert witnesses, and other inculpatoryand exculpatory evidence; and
B.
have others present during any grievance proceeding, including the opportunityto be accompanied to any related meeting or proceeding by the advisor of theirchoice, who may be, but is not required to be, an attorney. The District may not
limit the choice or presence of an advisor for either the Complainant orRespondent in any meeting or grievance proceeding.
Neither party shall be restricted in their ability to discuss the allegations underinvestigation or to gather and present relevant evidence.
The District will provide to a party whose participation is invited or expected writtennotice of the date, time, location, participants, and purpose of all investigativeinterviews, or other meetings, with sufficient time for the party to prepare toparticipate. The investigator(s) and decision-maker(s) must provide a minimum ofthree (3) days’ notice with respect to investigative interviews and other meetings andone (1) days' notice with respect to hearings.
Both parties shall have an equal opportunity to inspect and review any evidenceobtained as part of the investigation that is directly related to the allegations raised inthe formal complaint, including the evidence upon which the District does not intend torely in reaching a determination regarding responsibility and inculpatory or exculpatoryevidence whether obtained from a party or other source so that each party canmeaningfully respond to the evidence prior to the conclusion of the investigation.
Prior to completion of the investigative report, the Title IX Coordinator will send to eachparty and the party’s advisor, if any, the evidence subject to inspection and review inan electronic format or a hard copy, and the parties will have at least ten (10) calendardays to submit a written response, which the investigator will consider prior tocompletion of the investigative report.
At the conclusion of the investigation, the investigator shall create an investigativereport that fairly summarizes relevant evidence and send the report to each party andthe party’s advisor, if any, for their review and written response. The investigator willsend the investigative report in an electronic format or a hard copy, at least ten (10)calendar days prior to
the decision-maker(s) issuing a determination regardingresponsibility.
Determination of Responsibility
The Title IX Coordinator shall appoint a decision-maker(s) to issue a determination ofresponsibility. The decision-maker(s) cannot be the same person(s) as the Title IXCoordinator(s) or the investigator(s).
After the investigator sends the investigative report to the parties and the decision-maker(s), and before the decision-maker(s) reaches a determination regardingresponsibility, the decision-maker(s) will afford each party the opportunity to submitwritten, relevant questions that a party wants asked of any party or witness, provideeach party with the answers, and allow for additional, limited follow-up questions fromeach party. The decision-maker(s) must explain to the party proposing the question ofany decision to exclude a question as not relevant.
Questions and evidence about the Complainant’s sexual predisposition or prior sexualbehavior are not relevant, unless such questions and evidence about the Complainant’sprior sexual behavior are offered to prove that someone other than the Respondentcommitted the conduct alleged by the Complainant, or if the questions and evidenceconcern specific incidents of the Complainant’s prior sexual behavior with respect tothe Respondent and are offered to prove consent.
Determination regarding responsibility:
The decision-maker(s) will issue a writtendetermination regarding responsibility. To reach this determination, the decision-maker(s) must apply the preponderance of the evidence standard.
The written determination will include the following content:
A.
Identification of the allegations potentially constituting sexual harassmentpursuant to this policy;
B.
A description of the procedural steps taken from the receipt of the formalcomplaint through the determination, including any notifications to the parties,interviews with parties and witnesses, site visits, [and] methods used to gatherother evidence;
C.
Findings of fact supporting the determination;
D.
Conclusions regarding the application of the applicable code of conduct to thefacts;
E.
A statement of, and rationale for, the result as to each allegation, including adetermination regarding responsibility, any disciplinary sanctions the decision-maker(s) is recommending that the District impose on the Respondent(s) andwhether remedies designed to restore or preserve equal access to the District’seducation program or activity should be provided by the District to theComplainant(s); and
F.
The procedures and permissible bases for the Complainant(s) andRespondent(s) to appeal.
Informal or formal disciplinary sanctions/consequences may be imposed on a studentRespondent who is determined responsible for violating this policy (i.e., engaging insexual harassment).
If the decision-maker(s) determines the student Respondent is responsible for violatingthis policy (i.e., engaging in Sexual Harassment), the decision-maker(s) willrecommend appropriate remedies, including disciplinary sanctions/consequences. TheTitle IX Coordinator will notify the District Administrator of the recommended remedies,so an authorized administrator can consider the recommendation(s) and implement anappropriate remedy(ies) in compliance with Policy 5605 – Suspension/Expulsion ofStudents with Disabilities, Policy 5610 – Suspension and Expulsion, and Policy 5610.02
– In-School Discipline. The discipline of a student Respondent must comply with theapplicable provisions of the Individuals with Disabilities Education Improvement Act(IDEA) and/or Section 504 of the Rehabilitation Act of 1972, and their respectiveimplementing regulations.
Disciplinary sanctions/consequences may be imposed on an employee Respondent whois determined responsible for violating this policy.
If the decision-maker(s) determines the employee Respondent is responsible forviolating this policy (i.e., engaging in sexual harassment), the decision-maker(s) willrecommend appropriate remedies, including disciplinary sanctions/consequences. TheTitle IX Coordinator will notify the District Administrator of the recommended remedies,so an authorized administrator can consider the recommendation(s) and implement anappropriate remedy(ies) in compliance with applicable due process procedures,whether statutory or contractual. If the District Administrator is the Respondent, theTitle IX Coordinator will notify the Board President of the recommended remedies forconsideration and, if necessary and appropriate, implementation in compliance withapplicable due process procedures, whether statutory or contractual.
The discipline of an employee will be implemented in accordance with Federal andState law, and Board policy.
Disciplinary sanctions/consequences may be imposed on a non-student/non-employeemember of the School District community or Third Party determined responsible forviolating this policy (i.e., engaging in sexual harassment).
If the decision-maker(s) determines the Third Party Respondent is responsible forviolating this policy (i.e., engaging in sexual harassment), the decision-maker(s) willrecommend appropriate remedies, including the imposition of sanctions. The Title IXCoordinator will notify the District Administrator of the recommended remedies soappropriate action can be taken.
The decision-maker(s) will provide the written determination to the Title IX Coordinatorwho will provide the written determination to the parties simultaneously.
In ultimately imposing a disciplinary sanction/consequence, the District Administrator(or the Board when the District Administrator is the Respondent) will consider theseverity of the incident, previous disciplinary violations (if any), and any mitigatingcircumstances.
If the Respondent is a member of the Board, that member of the Boardshall be excluded from any determination regarding the imposition of a disciplinarysanction/consequence by the remaining Board members.
The District’s resolution of a formal complaint ordinarily will not be impacted by thefact that criminal charges involving the same incident have been filed or that chargeshave been dismissed or reduced.
At any point in the grievance process, the District Administrator may involve local lawenforcement and/or file criminal charges related to allegations of sexual harassmentthat involve a sexual assault.
The Title IX Coordinator is responsible for the effective implementation of anyremedies.
Appeal
Both parties have the right to file an appeal from a determination regardingresponsibility or from the Title IX Coordinator’s dismissal of a formal complaint or anyallegations therein, on the following bases:
A.
Procedural irregularity that affected the outcome of the matter (e.g., materialdeviation from established procedures);
B.
New evidence that was not reasonably available at the time the determinationregarding responsibility or dismissal was made, that could affect the outcome ofthe matter; and
C.
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict ofinterest or bias for or against
C
omplainants or Respondents generally or theindividual Complainant(s) or Respondent(s) that affected the outcome of thematter.
The Complainant(s) may not challenge the ultimate disciplinary sanction/consequencethat is imposed.
Any party wishing to appeal the decision-maker(s)’s determination of responsibility, orthe Title IX Coordinator’s dismissal of a formal complaint or any allegations therein,must submit a written appeal to the Title IX Coordinator within five (5) days afterreceipt of the decision-maker(s)’s determination of responsibility or the Title IXCoordinator’s dismissal of a formal complaint or any allegations therein.
Nothing herein shall prevent the District Administrator (or the Board when the DistrictAdministrator is the Respondent) from implementing appropriate remedies, excludingdisciplinary sanctions, while the appeal is pending.
As to all appeals, the Title IX Coordinator will notify the other party in writing when anappeal is filed and implement appeal procedures equally for both parties.
The decision-maker(s) for the appeal shall not be the same person(s) as the decision-maker(s) that reached the determination regarding responsibility or dismissal, theinvestigator(s), or the Title IX Coordinator(s). The decision-maker(s) for the appealshall not have a conflict of interest or bias for or against Complainants or Respondentsgenerally or an individual Complainant(s) or Respondent(s) and shall receive the sametraining as required of other decision-makers.
Both parties shall have a reasonable, equal opportunity to submit a written statementin support of, or challenging, the outcome.
The decision-maker(s) for the appeal shall determine when each party’s writtenstatement is due.
The decision-maker(s) for the appeal shall issue a written decision describing the resultof the appeal and the rationale for the result. The original decision-maker’s(s’)determination of responsibility will stand if the appeal request is not filed in a timelymanner or the appealing party fails to show clear error and/or a compelling rationalefor overturning or modifying the original determination. The written decision will beprovided to the Title IX Coordinator who will provide it simultaneously to both parties. The written decision will be issued within five (5) days of when the parties’ writtenstatements were submitted.
The determination of responsibility associated with a formal complaint, including anyrecommendations for remedies/disciplinary sanctions, becomes final when the time forfiling an appeal has passed or, if an appeal is filed, at the point when the decision-maker(s) for the appeal’s decision is delivered to the Complainant and theRespondent.
No further review beyond the appeal is permitted.
Retaliation
Neither the Board nor any other person may intimidate, threaten, coerce, ordiscriminate against any individual for the purpose of interfering with any right orprivilege secured by Title IX, its implementing regulations, or this policy, or becausethe individual made a report or complaint, testified, assisted, or participated or refusedto participate in any manner in an investigation, proceeding, or hearing under thispolicy. Intimidation, threats, coercion, or discrimination, including charges against anindividual for code of conduct violations that do not involve sex discrimination or sexualharassment, but arise out of the same facts or circumstances as a report or complaintof sex discrimination, or a report or formal complaint of sexual harassment, for thepurpose of interfering with any right or privilege secured by Title IX, its implementingregulations, or this policy, constitutes retaliation. Retaliation against a person formaking a report of sexual harassment, filing a formal complaint, or participating in aninvestigation is a serious violation of this policy that can result in the imposition ofdisciplinary sanctions/consequences and/or other appropriate remedies.
Complaints alleging retaliation may be filed according to the grievance process setforth above.
The exercise of rights protected under the First Amendment of the United StatesConstitution does not constitute retaliation prohibited under this policy.
Charging an individual with a code of conduct violation for making a materially falsestatement in bad faith in the course of a grievance proceeding under this policy shallnot constitute retaliation, provided, however, that a determination regardingresponsibility, alone, is not sufficient to conclude that any party made a materially falsestatement in bad faith.
Confidentiality
The District will keep confidential the identity of any individual who has made a reportor complaint of sex discrimination, including any individual who has made a report orfiled a formal complaint of sexual harassment, any Complainant, any individual whohas been reported to be the perpetrator of sex discrimination, any Respondent, andany witness, except as may be permitted by the Family Educational Rights and PrivacyAct (FERPA), 20 U.S.C. 1232g, or FERPA's regulations,
and State law under 118.12,Wis. Stats.,
34 CFR part 99, or as required by law, or to carry out the purposes of 34CFR part 106, including the conduct of any investigation, hearing, or judicialproceeding arising thereunder (i.e., the District’s obligation to maintain confidentialityshall not impair or otherwise affect the Complainant’s and Respondent’s receipt of theinformation to which they are entitled with respect to the investigative record anddetermination of responsibility).
Application of the First Amendment
The Board will construe and apply this policy consistent with the First Amendment tothe U.S. Constitution. In no case will a Respondent be found to have committedSexual Harassment based on expressive conduct that is protected by the FirstAmendment.
Training
The District’s Title IX Coordinator, along with any investigator(s), decision-maker(s), orperson(s) designated to facilitate an informal resolution process, must receive trainingon:
A.
the definition of sexual harassment (as that term is used in this policy);
B.
the scope of the District’s education program or activity;
C.
how to conduct an investigation and implement the grievance process;
D.
how to serve impartially, including by avoiding prejudgment of the facts atissue, conflicts of interests, and bias.
Recordkeeping
As part of its response to alleged violations of this policy, the District shall create, andmaintain for a period of seven (7) calendar years, records of any actions, including anysupportive measures, taken in response to a report or formal complaint of sexualharassment. In each instance, the District shall document the basis for its conclusionthat its response was not deliberately indifferent, and document that it has takenmeasures designed to restore or preserve equal access to the District’s educationprogram or activity. If the District does not provide a Complainant with supportivemeasures, then the District will document the reasons why such a response was notclearly unreasonable in light of the known circumstances. The documentation ofcertain bases or measures does not limit the District in the future from providingadditional explanations or detailing additional measures taken.
The District shall maintain for a period of seven (7) calendar years the followingrecords
pursuant to 19.21(6), Wis. Stats.
:
A.
Each sexual harassment investigation including any determination regarding
responsibility, any disciplinary
sanctions recommended and/or imposed on theRespondent(s), and any remedies provided to the Complainant(s) designed torestore or preserve equal access to the District’s education program or activity;
B.
Any appeal and the result therefrom;
C.
Any informal resolution and the result therefrom; and
D.
All materials used to train Title IX Coordinators, investigators, decision-makers,and any person who facilitates an informal resolution process.
The District will make its training materials publicly available on its website. If aperson is unable to access the District’s website, the Title IX Coordinator will make thetraining materials available upon request for inspection by members of the public.
Outside Appointments, Dual Appointments, and Delegations
The Board retains the discretion to appoint suitably qualified persons who are notBoard employees to fulfill any function of the Board under this policy, including, but notlimited to, Title IX Coordinator, investigator, decision-maker, decision-maker forappeals, facilitator of informal resolution processes, and advisor.
The Board also retains the discretion to appoint two (2) or more persons to jointly fulfillthe role of Title IX Coordinator, investigator, decision-maker, decision-maker forappeals, facilitator of informal resolution processes, and advisor.
The District Administrator may delegate functions assigned to a specific Boardemployee under this policy, including but not limited to the functions assigned to theTitle IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitatorof informal resolution processes, and advisor, to any suitably qualified individual andsuch delegation, may be rescinded by the District Administrator at any time.
Discretion in Application
The Board retains the discretion to interpret and apply this policy in a manner that isnot clearly unreasonable, even if the Board’s interpretation or application differs fromthe interpretation of any specific Complainant and/or Respondent.
Despite the Board’s reasonable efforts to anticipate all eventualities in draftingthis policy, it is possible unanticipated or extraordinary circumstances may notbe specifically or reasonably addressed by the express policy language, in which casethe Board retains the discretion to respond to the unanticipated or extraordinarycircumstance in a way that is not clearly unreasonable.
The provisions of this policy are not contractual in nature, whether in their own rightor as part of any other express or implied contract. Accordingly, the Board retains thediscretion to revise this policy at any time, and for any reason. The Board mayapply policy revisions to an active case provided that doing so is not clearlyunreasonable.
