Process of Formal Complaint and Grievance Procedure
Any person may make a report of sexual harassment regardless of whether the person reporting is the person alleged to be the victim of the reported conduct or not.
Reports may be made in person, by mail, telephone, or email to Cole Young, Superintendent and Title IX Coordinator, 928-758-2507, firstname.lastname@example.org. Reports may also be made to the Assistant Secretary, Office of Civil Rights, at the U.S. Department of Education.
Reports may be made at any time, including non-business hours, by using the telephone number or email.
The district will respond promptly when any school employee has been given notice of sexual harassment.
Upon receipt of a report of sexual harassment, the Title IX Coordinator or Deputy Title IX Coordinator will contact the alleged victim to inform them of the following:
Their right to file a formal complaint.
How to file a formal complaint.
Free supportive measures available to them with or without filing a formal complaint.
Supportive measures are offered
Research additional information such as text messages, computer information, and recordings
Determine if a policy violation has occurred
For students found in violation, issue school consequences, based on the Student Code of Conduct
For staff found in violation, issue discipline measures, based on Governing Board Policy
Title IX Formal Complaint
Approximately 60 days from the date formal complaint is submitted.
Supportive measures are offered
Dates and times are set up to interview witnesses, complainant, and respondent
Evidence continues to be gathered
Evidence and statements are shared with both parties
Respondent and complainant have 10 days to write a written response to the evidence, after signing a nondisclosure agreement
Investigator will complete an investigative report, which is submitted to the complainant, respondent, and decision-maker
Decision-maker will determine the responsibility and consequences
All evidence and information pertaining to the incident(s) are then retained by the district for 7 years
The formal complaint is the official document alleging sexual harassment, which can be filed by the student, employee, parent, or Title IX Coordinator. Once a formal complaint is filed and signed by the Title IX Coordinator, the district’s grievance procedure is followed to provide a prompt and equitable resolution of complaints from students and employees alleging sexual harassment.
The grievance procedure requires the following steps be taken:
Both the complainant (the alleged victim) and the respondent (alleged abuser) will receive written notice of the complaint with sufficient details to allow the respondent to prepare a response.
Respondent is presumed innocent.
An investigation will be initiated after the written notice has been sent to both the complainant and the respondent.
A written investigative report will be prepared and made available for both parties to review. Both parties will have 10 days to respond to the evidence in writing.
Evidence from the investigation will be objectively evaluated to reach conclusions about whether or not the respondent is responsible for the alleged sexual harassment.
The standard of evidence used is the preponderance of evidence standard.
A written determination will be prepared and provided to both parties, along with information on how to appeal.