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Title IX and Non-Discrimination

The purpose of these procedures is to secure prompt and unbiased resolutions of complaints based on sex discrimination, including allegations of sexual harassment or sexual violence, in violation of Title IX of the Education Amendments of 1972 and violation of District policies that prohibit these types of discrimination. These procedures apply only to complaints alleging discrimination prohibited by Title IX (including sexual harassment and sexual violence). These procedures shall be available in the Employee Handbook, posted on the School website, and included in the Parent-Student Handbook(s).

DEFINITIONS:

  1. Complainant – A complainant is a student or employee who is the alleged victim of conduct that constitutes discriminatory action or treatment prohibited by Title IX, including acts of sexual harassment or sexual violence.
  1. Respondent – The person, employees, other students, or third parties, alleged to be responsible for the prohibited conduct alleged in a complaint.
  1. A Formal Complaint – A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting the school investigate the allegation of sexual harassment.
  1. Title IX of the Educational Amendments of 1972 – No person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Sex discrimination under Title IX includes sexual harassment and sexual violence.
  1. Sexual Harassment – Conduct occurring between any persons, including members of the same sex, that:
    1. Is unwelcome conduct that is based on sex, including sexual orientation and gender identity.
    2. Denies or limits a student’s ability to participate in or benefit from a school’s education program.
    3. Sexual harassment may include acts of sexual violence. Sexual harassment is a form of sex discrimination prohibited by Title IX.
  1. Sexual violence – Includes sexual acts of a physical nature occurring between any persons, including members of the same sex, perpetrated against a person’s will or where a person is incapable of giving consent. Several acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
  1. Supportive Measures – Individualized services available to complainants, regardless of the decision to file a formal complaint, ensure equal educational access, protection and safety, or a deterrent of sexual harassment.

PROCEDURAL REQUIREMENTS:

  1. A grievance should be filed as soon as possible and within 180 days of the alleged violation(s) of Title IX. Failure of a complainant to comply with time limitations may result in dismissal of the complaint and possibly denial of the appeal. A complaint of possible sex discrimination need not be in writing; the School must respond to oral reports as well.
  1. Dismissal shall not preclude the individual’s right to pursue the complaint through other appropriate external agencies. If a district representative fails to comply with any time limitation in the complaint procedure, the Complainant may immediately proceed to the next level permitted by these Procedures.
  1. Confidentiality is maintained to the greatest extent possible. Any information gathered during an informal procedure may be used during the formal grievance process if initiated. While there can be no assurance of complete confidentiality, complaints under this procedure will be treated as sensitive information only shared with others except in limited circumstances. Examples of exceptions to maintaining confidentiality include:
    1. Information the law requires to be reported.
    2. Information imparted to others in supervisory positions to further an investigation or halt a discriminatory practice.
    3. Information that is given to the Respondent to have sufficient information to respond to the allegations.

The School will take all reasonable steps to investigate and respond to a complaint consistent with a request by the complaining party not to disclose his/her name. However, such requests for confidentiality may limit the School’s ability to adequately investigate and respond to the allegations raised in the complaint.

Requests for confidentiality are evaluated to provide a safe and nondiscriminatory environment for all students and employees, and the request will be weighed against factors the School deems relevant including, without limitation:

    1. The Complainant’s age.
    2. Circumstances that suggest an increased risk of future acts of harassment and, if applicable, sexual violence under similar circumstances; and
    3. Whether the District possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).
    4. FERPA Compliance.
    5. Mandatory Reporting laws and procedures.

The School will provide and coordinate supportive measures, as appropriate, that are designed to protect safety of parties or the Schools’ educational environment (34 CFR § 106.45).

All parties to a grievance, including the Complainant, Respondent, and witnesses, have privacy interests. Therefore, all parties should be cautioned not to divulge or publicize the nature of the proceedings or the identity of those involved outside the scope of the investigation.

III. INFORMAL AND FORMAL PROCESSES:

  1. A. Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature, and disciplinary action is not required to remedy the situation. No formal investigation is involved in the informal resolution process, and the informal resolution process shall not be considered a precondition for the filing of a formal written complaint. No informal resolution is allowable for complaints that an employee engaged in sex-based harassment of a K-12 student.
  2. A written request for informal resolution must be made within ten (10) days of the date of the alleged incident. The Title IX Coordinator shall determine whether the problem’s nature is such that it is likely to be resolved by agreement on an informal basis.
  3. Methods for informal resolution are not limited to:
    1. Coaching the person on how to address a situation which is causing a problem;
    2. Mediating the dispute with the parties;
    3. Developing written behavior expectations of the alleged offender to redirect conduct;
    4. Assisting with the resolution of a real or perceived problem;
    5. Or arranging a documented meeting with the alleged offender involves a discussion of the sex discrimination and sexual harassment policies and requirements for compliance.
  4. The Title IX Coordinator shall document any informal resolution.

B. Formal complaint procedures:

The initiation of a formal complaint procedure requires a written complaint. All written complaints regarding harassment or discrimination of students or employees in violation of Title IX shall be submitted to the Title IX Coordinator.

Step 1 – Reporting Complaints.

  1. The Complainant may obtain a Complaint Form from the Title IX Coordinator or school website. The Complainant may attach a written narrative explaining the nature of the complaint to the Form. The Complaint Form or description shall contain information that describes the conduct that has violated prohibitions against sex discrimination, including sexual harassment and sexual violence, and identify with reasonable particularity the Respondent(s) and any witnesses to the alleged conduct.
  1. Any District employee who either reasonably believes a student has been discriminated against based on sex or who receives a complaint of sex discrimination, harassment, or violence from a student must immediately follow Mandatory Reporting procedures and complete the Title IX Grievance form (when applicable) and submit to the Title IX Coordinator.
  1. If the Complainant is unwilling or unable to provide a written statement including the information set forth above, the Title IX Coordinator shall ask for such details in an oral interview via phone. In the event the Complainant is a student with disabilities, the Title IX Coordinator will work with the Director of Special Programs and will carefully review the reporting student’s IEP or 504 plan to determine what specific accommodations that child should have to aid in their reporting.

Step 2 – Determining the Applicability of the Procedures.

  1. The Title IX Coordinator initially reviews the written complaint to determine whether the matter falls within the scope of these procedures. Within five (5) days after the Complaint Submission Date, the Title IX Coordinator shall notify the Title IX Investigator to initiate an investigation.
  1. The Complainant shall be informed in writing if the matters alleged in the Formal Complaint are not within the School’s jurisdiction or authority to investigate and that the School will not carry out any further investigation. If the matter does not involve allegations of discrimination within the scope of these procedures, the Title IX Coordinator shall forward the issue to the proper administrator for review.

Step 3 – Investigation.

  1. The Title IX Investigator shall oversee that an adequate, reliable, and impartial investigation of the Formal complaint.
  1. If the Title IX Investigator is not a neutral party, the Title IX Investigator shall work with the Title IX Coordinator to designate an impartial and objective administrator to conduct the investigation.
  1. In conducting the investigation, the assigned investigator shall interview all parties identified in the complaint, and other witnesses that the investigator determines may provide information relevant to resolving the complaint allegation(s).
  1. The Complainant and Respondent shall have the opportunity to identify witnesses to be interviewed and provide documentation or other evidence for the designated investigator to review.
  1. The Title IX Decision Maker shall consider the evidence compiled by the assigned investigator and take whatever additional actions they deem necessary to complete the investigation.
  1. The Title IX Team will maintain documentation of all proceedings, which may include written findings of facts, transcripts, notes, or audio recordings.

Step 4 – Notice of Resolution.

  1. Notice. The Title IX Decision Maker shall notify the Complainant and Respondent in writing within thirty (30) days from the Complaint Submission Date of the investigation results.
  1. Written Determination. The Title IX Decision Maker shall consider the totality of the evidence and determine whether the clear and convincing evidence establish that the alleged discrimination occurred (i.e., means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the contention is highly probable.)
  1. If the Title IX Decision Maker determines that the evidence is not Clear and Convincing and does not support the allegations of discrimination, the Complainant may appeal the determination pursuant to Step 5 below.
  1. If the Title IX Decision Maker determines that the Clear and Convincing evidence supports the allegations of discrimination by the Respondent, the Title IX Decision Maker shall provide written findings and conclusions supporting the determination. Also, the written determination shall make recommendations for immediately ending the discriminatory conduct, ways to remedy the discriminatory effects of any discriminatory behavior on the complaining party, and, if applicable, the School’s educational environment.
  1. The steps to be taken to prevent the recurrence of any discriminatory or harassing conduct found to have occurred.

Step 5 – Appeal Rights.

A party not satisfied with the resolution in Step 4, above, may submit a written appeal within five (5) days to the Title IX Appeals Coordinator. The written appeal shall state with particularity the nature of the disagreement, the reasons underlying the dispute, and how a reconsideration of the determination would change the outcome.

Title IX Appeals Coordinator shall conduct a review of the record to determine whether the

preponderance of the evidence supports the determination. A written decision will be issued and mailed to the appropriate parties within ten (10) days of the receipt of the appeal. The Title IX Appeals Coordinator’s decision is final.

Step 6 – Complaints to an External Agency.

If a party is not satisfied with the Superintendent’s decision in Step 5 above, the party may file a complaint with the Office of Civil Rights (“OCR”). Link to OCR website for Title IX guidelines: Home | OCR (ed.gov)

Non-discrimination policy (Including Title IX Non-discrimination statement)

  • Primavera Online School is committed to providing an environment that is free from all forms of sex discrimination, which includes gender-based discrimination, sexual harassment and sexual violence, as regulated by Title VII and Title IX, and to ensuring the accessibility of appropriate grievance procedures for addressing all complaints regarding all forms of sex discrimination and sexual harassment. Primavera Online School reserves the authority to independently deal with sex discrimination and sexual harassment whenever becoming aware of their existence, regardless of whether a complaint has been lodged in accordance with the grievance procedure set forth below.Information and AssistanceDefinition of Sex Discrimination and Sexual Harassment (for Students): Sex discrimination occurs when a person, because of his or her sex, including sexual orientation and gender identity, is denied participation in or the benefits of any education program or activity that receives federal financial assistance. Sexual harassment is conduct that: 1) is unwelcome and that is based on sex, including sexual orientation and gender identity; and 2) denies or limits a student’s ability to participate in or benefit from a school’s educational program or activity. Sexual harassment can be verbal, nonverbal or physical.Definition of Sex Discrimination and Sexual Harassment (for Employees): Sex discrimination occurs when a person who is qualified for a position at issue is subjected to an adverse employment action because of his or her sex, including sexual orientation and gender identity. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made a term or condition of employment; 2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or 3) the conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile or offensive working environment.

Any individual, who believes he/she may have experienced any form of sex discrimination or sexual harassment, or who believes that he/she has observed such actions taking place, may receive information and assistance regarding the School’s policies and reporting procedures.

As required by Title IX, Primavera Online School does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sexual orientation, gender identity, sex characteristics, marital status, status with regard to public assistance, disability, age, family care leave status, or veteran status in its programs and activities. The Title IX Coordinator at Primavera Online School is Racquel O’Connor and can be reached by email at racquel.o’[email protected].

Training

The School will provide annual training to employees on identifying and reporting acts that may constitute discrimination, harassment or retaliation. (34 C.F.R. § 106.8(d)). The Title IX Coordinator, designated investigators, designated decision-makers, designated appeal officer, and any School employees who are designated to facilitate informal resolution processes, will receive additional training on this policy and implementation of the grievance process at least as often as required by the Title IX Regulations.

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