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Tag: Complaint

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  • Effective: 8/27/2024
  1. Board Directive
    1. The Jordan School District (“District”) Board of Education (“Board”) is committed to providing an educational and working environment where all students and employees are treated with dignity and respect and have equitable opportunities for learning, participation in educational activities, or work. A fundamental component of this commitment is to maintain an environment free from discrimination based on sex, or sexual harassment, which includes dating/domestic violence, stalking, and sexual assault and to comply with Title IX of the Education Amendments of 1972 (Title IX) and its regulations. This policy complies with Title IX’s procedural and substantive requirements.
    2. Sexual harassment is prohibited by Title IX of the Education Amendments of 1972 (Title IX), which provides that “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 education program or activity receiving Federal financial assistance.” 20 U.S.C. §1681(a). The federal regulations found at 34 CFR 106 implementing Title IX further outline the requirements placed upon recipients of federal funds, such as the District.
    3. The District’s Board is committed to protecting students and employees against sexual harassment, whether by students, employees, volunteers, or others under the District’s control. Students or employees who engage in sexual harassment will be subject to disciplinary action under this policy or a corresponding conduct policy.
    4. Conduct that does not rise to the level of sexual harassment as defined in this policy but that constitutes inappropriate or offensive sexual behavior, bullying, or other forms of harassment is still prohibited and will be investigated and addressed under District policies, specifically, AS94 – Student Discrimination and Harassment or DP358 – Employee Discrimination and Harassment.
    5.  The District’s Board authorizes the Superintendent and District Administration to establish administrative procedures consistent with this policy.
  2. Administrative Policy
    Jordan School District's Title IX Sexual Harassment policy shall be administered according to the following administrative policy provisions:

TABLE OF CONTENTS:
A. Title IX Coordinator
B. Definitions
C. Complaint Procedure; Employee Responsibility to Report
D. Formal Complaint
E. Initial Response; Supportive Measures; Emergency Removal Initial Response
F. Investigation of Sexual Harassment - Title IX
G. Determination Regarding Responsibility by Decision-Maker(s)
H. Appeals
I. Confidentiality
J. Retaliation
K. Discipline and Remedial Action; False Complaints
L. Record Keeping
M. Training; Dissemination of Policy

    1. Title IX Coordinator
      1. The District has designated a Title IX Coordinator in the District’s Compliance and Legal Services Office who oversees implementation of this policy.
      2. The Title IX Coordinator is authorized to coordinate the District’s efforts to comply with regulatory requirements of Title IX. All allegations of sexual harassment and discrimination should be directed to the Title IX Coordinator:
    2. Definitions
      1. “Actual knowledge” means that an employee, student, or third-party has informed the Title IX Coordinator or any District official who has authority to institute corrective measures on behalf of the District of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. Actual knowledge compels the District to initiate action.
      2. “Advisor” means a person chosen by a party or appointed by the District to accompany the party to meetings related to the grievance process and to advise the party on that process. This individual may be a District employee, a member of the community, or attorney (hired and paid for by a party).
      3. “Appeal Officer” means a person designated by the Superintendent to review an appeal from a determination regarding responsibility in a case of sexual harassment (Title IX). An appeal panel may not contain an investigator(s), decision-maker(s), or the Title IX Coordinator.
      4. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
      5. “Decision-maker” means a District administrator responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard. The Decision-maker will be responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
      6. “Deliberate Indifference Standard” means a recipient (District) with actual knowledge of sexual harassment in an education program or activity must respond in a manner that is not deliberately indifferent. A recipient is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.
      7. “Education program or activity” means locations, events, or circumstances where the District exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by the District.
      8. Formal complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment.
        1. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in an education program or activity of the District. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, using the contact information listed for the Title IX Coordinator above.
        2. The formal complaint must contain the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.
        3. A parent/legal guardian may sign and file a formal complaint on behalf of a minor complainant.
      9. “Investigator(s)” means a District administrator (s) trained in Title IX to conduct a prompt, fair, and impartial investigation of a formal complaint under assignment by the Title IX Coordinator. The investigator (s) has responsibility to draft an investigative report and summarize evidence gathered from the parties and witnesses in a Title IX investigation.
      10. “Preponderance of the evidence” means the evidentiary standard necessary to demonstrate the allegation is more likely true than not true.
      11. “Prompt” means the time period in which allegations are acted upon once the District has received notice or a formal complaint. Typically, complaints can take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the District will avoid all undue delays within its control.
      12. “Resolution” means the result of an informal or formal grievance process.
      13. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
      14. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
        1. A District employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo). Quid pro quo harassment is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
        2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the District’s education program or activity:
          1. Severe: Based on whether the described occurrence or conduct was severe from the perspective of a reasonable person in the complainant’s position.
          2. Pervasive: A single instance of an offensive comment or joke typically does not meet the Title IX standard for sexual harassment requiring investigation, but there may be instances where a single unwelcome act may meet that standard. Factors to consider include, but are not limited to, whether there is a pattern of sexual harassment, the number of people involved, and whether the unwelcome sex-based conduct involves widespread dissemination of offensive material.
          3. Objectively Offensive: Based on whether the described occurrence or conduct was offensive from the perspective of a reasonable person in the complainant’s position. Notably, the perspective for offensiveness is based on the reasonableness from the complainant’s perspective, and the intent of the respondent is irrelevant in the analysis.
          4. Effectively Denies Equal Access: This does not require that a Complainant be entirely or physically excluded from educational opportunities, but rather that the sexual harassment has so undermined and detracted from the complainant’s educational experience, that he or she is effectively denied equal access to the school’s resources and opportunities; or
        3. Sexual assault as defined in by the Title IX regulations:
          1. Forcible rape, forcible sodomy, or forcible fondling;
          2. Incest and statutory rape;
          3. Unwelcome touching of a person’s private body parts for the purpose of sexual gratification. In determining whether conduct meets this definition, administrators shall consider all the circumstances surrounding the incident, such as the age and maturity of the parties, the duration of the incident, the location and secretive nature of the actions, the intent of the parties, and the effects on the parties. See, 20 U.S.C. 1092 (f)(6)(A)(v).
          4. This offense is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access because such misconduct is sufficiently serious to deprive a person of equal access;
        4. Dating violence as defined by the Title IX regulations (See, 34 U.S.C 12291 (a)(10)) is violence, such as sexual or physical abuse or threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant, which may be determined by (1) the length of the relationship, (2) the type of relationship, (3) the frequency of interaction between the persons involved in the relationship. Dating violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access;
        5. Domestic violence as defined by the Title IX regulations (See 34 S.C. 12291 (a)(8)) is violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under Utah law, or by any other person against a complainant who is protected from that person’s acts under Utah law. Domestic violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access; or
        6. Stalking as defined by the Title IX regulations (See 34 U.S.C. 12291 (a)(30)) is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Stalking is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
      15. “Sexual misconduct” means unwelcome sexual actions or conduct that is both non-physical or physical, offensive to the sensibilities of any person, including sexual advances, lewd gestures, words or other communication of sexual nature that has the effect of threatening or intimidating the person against whom such conduct is directed, but does not meet the definition of sexual harassment under Title IX for a hostile environment for sexual conduct that is severe, pervasive, and objectively offensive to deny a person equal access to the education program or activity.
      16. “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening either party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.
      17. “Title IX Coordinator” means the employee designated by the District to coordinate efforts to comply with Title IX, including implementing the grievance process and managing required training under the regulations. The District’s policy will include the name, office, address, and telephone number of employee(s) appointed.
    3. Complaint Procedure; Employee Responsibility to Report
      1. Individuals who believe they have been subjected to sexual harassment should immediately notify a teacher, administrator, supervisor, or the Title IX Coordinator. They may file either an informal or a formal complaint.
      2. An employee with actual knowledge of sexual harassment or allegation of sexual harassment shall, as soon as is reasonably possible, notify the Title IX Coordinator with the allegations.
      3. An individual other than a Complainant may file a report or notice of sexual harassment, in which case the procedures for an initial response and supportive measures will be followed. However, an investigation is opened only upon receipt of a formal complaint by the Complainant or, if a minor, by the Complainant’s parent/legal guardian.
      4. Any District or school employee who observes or otherwise becomes aware of conduct that may constitute sexual harassment against a student or employee must report the conduct to the Title IX Coordinator regardless of whether the student files a formal or informal complaint or not.
      5. Parent(s) or legal guardian(s) are permitted to accompany the student to any meeting or interview during a grievance process to exercise rights on behalf of the student. The student’s advisor of choice may be a different person from the parent or guardian.
    4. Formal Complaint
      A formal complaint must be in writing and must be delivered to the Title IX Coordinator. To the extent possible, the formal complaint should include:

      1. Name, home address, e-mail address, telephone number of the Complainant;
      2. Date(s), of incident(s) giving rise to the complaint;
      3. Name(s) of Respondent(s);
      4. Description of the conduct or incident(s) giving rise to the complaint;
      5. Description of the harm caused by the incident; and
      6. Description of remedy sought. Providing a description of the remedy sought does not confer authority on the Complainant or the Complainant’s parent/legal guardian to determine the discipline imposed on the Respondent. The determination of remedies, including any disciplinary action, rests only within the authority and sole discretion of the District and may not be divested to others.
    5. Initial Response; Supportive Measures; Emergency Removal Initial Response
      1. Employee Receipt of Notice, “Actual Knowledge.” Whenever any District or school employee becomes aware of an allegation of, or conduct that may constitute, sexual harassment, the Title IX Coordinator must be notified.
        1. Actual knowledge of such conduct or allegation may be made known through a variety of means, including but not limited to: verbal complaints by students or parent(s)/legal guardian(s); notice from an employee; direct observation, or as facts are disclosed during normal disciplinary proceedings.
      2. Receipt of Notice to Administrator:
        1. If a school administrator becomes aware of offensive sexual behavior or sexual conduct, the administrator shall conduct an initial assessment to determine whether the conduct might meet the definition of sexual harassment under this policy.
        2. If there is evidence that the conduct constitutes sexual harassment, or if a reasonable person would consider the conduct sexual harassment under this policy, the school administrator shall report the conduct to the Title IX Coordinator.
          1. For situations involving students, the Title IX Coordinator shall contact the parents/legal guardian.
          2. The school administrator in consultation with the Title IX Coordinator, may provide upon receiving a report of sexual harassment, appropriate and immediate supportive measures to the Complainant in the interim between when the Title IX Coordinator is able to make contact with the Complainant.
      3. Upon receipt of notice (actual knowledge) of sexual harassment or allegations of sexual harassment, the Title IX Coordinator shall promptly contact the Complainant to discuss:
        1. The availability of supportive measures consider the Complainant’s wishes with respect to supportive measures;
        2. Inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint;
        3. Explain to the Complainant the process for filing and investigating a formal complaint; and
        4. Explain to the Complainant that the parties may have an adult advisor of their choice throughout the investigation of a formal complaint.
      4. The Title IX Coordinator should consult with, and implement supportive measures in collaboration with, the school administrator for students, or HR Director for an employee. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
        1. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, supervised transitions, changes in work locations, increased security and monitoring of certain areas of the campus, and other similar measures.
        2. The District must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.
      5. Emergency Removal: The Title IX Coordinator, in consultation with an administrator and the Administrator of Schools (AOS) or in the case of an employee, the Administrator of Human Resources, may seek an emergency removal of a Respondent from the District’s education program or activity.
        1. To remove a Respondent on an emergency basis, the District must undertake an individualized safety and risk analysis and determine that an immediate threat to the physical health or safety of a student or other individual arising from the allegations of sexual harassment justifies the removal.
        2. The Respondent must be given notice and an opportunity to challenge the decision immediately following the removal. An emergency removal may not constitute or be documented as disciplinary action.
        3. In the case of an employee, the District may place a non-student employee Respondent on administrative leave during the pendency of the grievance process.
      6. If the Title IX Coordinator receives a report from a student, parent/legal guardian, school employee, and/or school administrator before receiving a formal complaint, he or she shall interview the Complainant and determine whether to sign a formal complaint on behalf of the Complainant.
      7. The Title IX Coordinator may consolidate formal complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.
    6. Investigation of Sexual Harassment - Title IX
      1. Dismissal
        1. Upon receipt of a formal complaint, the Title IX Coordinator determines whether the complaint must or may be dismissed. A dismissal may occur at any point in the investigation until such time as a determination is made regarding the reported allegations.
        2. Mandatory Dismissal: The Title IX Coordinator must dismiss the complaint if any of the following conditions apply:
          1. The conduct alleged would not constitute sexual harassment as defined in this policy, even if proved true;
          2. The conduct alleged did not occur in a District program or activity; or
          3. The conduct alleged did not occur against a person in the United States.
            a)   This dismissal does not preclude action under another District policy. The District has the flexibility to provide supportive measures in response to allegations of conduct, and to investigate such conduct, that does not involve sexual harassment but is otherwise prohibited under District policy, including bullying, discrimination, harassment, and other sexually inappropriate conduct.
        3. Discretionary Dismissal: The Title IX Coordinator may dismiss the complaint or any of the allegations therein if any of the following conditions apply:
          1. a Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the formal complaint or any allegations therein;
          2. the Respondent is no longer enrolled or employed by the District; or
          3. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the allegations contained in the formal complaint.
            a)   If dismissed, the Title IX Coordinator shall promptly notify both parties in writing of a dismissal decision, and shall give both parties equal right to appeal a dismissal decision (See Appeals, Section II. G.).
      2. Assignment of Investigator
        1. The Title IX Coordinator shall assign an investigator(s) to conduct the Title IX investigation.
        2. The Title IX Coordinator may conduct the investigation, or conduct the investigation with another investigator who is trained to conduct sexual harassment investigations provided the Title IX Coordinator was not the person who conducted the preliminary review regarding jurisdiction.
        3. The investigator must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to determine relevance to create an investigative report that fairly summarizes relevant evidence, how to write and issue an investigative report, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
        4. The investigator should begin each investigation by creating an investigation file.
        5. The investigator shall refer the matter to law enforcement authorities or the Utah State Division of Child and Family Services, where appropriate or required by law. The investigator must continue to conduct the investigation even if the matter has been referred to another agency. The investigator should coordinate with the other agency and may adjust timelines and procedures accordingly.
      3. Investigative Procedures
        The District must ensure that investigations include the following steps:

        1. The investigator shall ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
          1. Access to a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity in connection with the party’s treatment can only be obtained through the party’s voluntary, written consent (if the party is a minor, consent must be from the parent).
        2. Notice of Allegations: Upon receipt of a formal complaint, the Title IX Coordinator shall provide written notice to the parties of the allegations. The notice must include:
          1. Notice of the District’s formal complaint and investigation process, including any informal resolution process available;
          2. Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the following, if known:
            a) The identities of the parties involved in the incident;
            b) the conduct allegedly constituting sexual harassment under this policy; and
            c) the date and location of the alleged incident.
          3. A statement that the Respondent is presumed innocent until a determination has been made at the conclusion of the investigation;
          4. A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
          5. A statement that the parties will be provided two, ten (10) day periods in which to inspect and review all evidence collected during the investigation but prior to completion of an investigation report and after the investigative report has been written.
          6. A statement that District policy prohibits knowingly making false statements or knowingly submitting false information during the investigation and that a party found to have done so is subject to disciplinary action.
        3. Interviews
          1. The investigator shall provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
          2. The investigator shall provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
          3. Each of the following persons shall be interviewed, and a record made of their conversations.
            a) The Complainant. The complainant may be accompanied by an adult representative, including legal counsel. The Complainant may present evidence supporting the complaint.
            1) In cases of sexual assault or other severe trauma, the investigator should seek assistance from professionals trained in interviewing children. Such professionals may include designated officials from the Children’s Justice Center, the Department of Child and Family Services, or some other private or governmental agency.
            2) The investigator shall comply with the reporting requirements regarding the reporting of Child Abuse or Neglect (See Policy AS70 Child Abuse-Neglect Reporting by School Personnel).
            b) The Respondent. The Respondent may be accompanied by an adult representative, including legal counsel. The Respondent may present evidence refuting the allegations set forth in the complaint. The investigator should gather a signed, written statement from the Respondent that responds to the allegations.
            c) The Witnesses. Anyone who witnessed the alleged conduct. The investigator should gather a signed witness statement from each witness using the Title IX Witness Statement form.
            d) Anyone mentioned as having related information. The investigator should document all conversations related to the alleged incident.
          4. Equal opportunity shall be provided for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
          5. The investigator may have additional conversations with any of the individuals listed in subsection to ensure that all relevant facts have been gathered.
        4. Preservation of Evidence
          1. The investigator shall gather and preserve all evidence, including footage from surveillance cameras, photos, physical evidence, documents, correspondence, and any relevant electronic information such as text messages, camera footage, and social media postings.
          2. All evidence gathered must be maintained in the Evidence Log and/or the Privilege Log.
        5. Informal Resolution may be appropriate in cases of sexual harassment under Title IX according to the following requirements:
          1. Informal mediation can never be offered to resolve complaints alleging that an employee sexually harassed a student;
          2. Facilitators must be free from conflicts of interest or bias and be trained to serve impartially;
          3. Informal resolution processes must have reasonably prompt time frames;
          4. The initial written notice of allegations sent to both parties must include information about the informal resolution processes made available; and
          5. Parties retain their right to the formal grievance process, and can withdraw from informal resolution and resume a formal process at any time before agreeing to a resolution.
        6. Investigative Report
          1. Prior to completing the investigative report, the investigator shall send to each party and the party’s advisor (if applicable) the evidence subject to inspection and review in an electronic format or a hard copy. The parties must have at least ten (10) calendar days to submit a written response, which the investigator may consider prior to completion of the investigative report.
          2. The investigator shall objectively evaluate all relevant evidence, including the credibility of all statements, the investigator shall prepare a final written report of the investigation. The report should be completed using the District’s Title IX Report Template.
          3. The report must “fairly summarize relevant evidence,” and should include the following:
            a)  A description of the complaint.
            b)  A description of the interim supportive measures provided to the complainant and/or the respondent.
            c)  A detailed description of the investigation, including names and dates of individuals interviewed; receipt of written statements; and evidence considered, including video and audio recordings, correspondence, etc.
            d)  Findings of fact. This section should describe with sufficient detail the events and actions found by the investigator to be true and include both inculpatory and exculpatory evidence considered relevant.
          4. The investigator shall provide a copy of the final investigative report simultaneously to the parties and notify them that they have ten (10) calendar days to review the report and provide a response, including written questions they would like asked of any party or witness. The investigator notifies the parties that their response and questions should be submitted to the Title IX Coordinator.
    7. Determination Regarding Responsibility by Decision-Maker(s)
      1. Decision-maker(s)
        1. A District administrator identified as a decision-maker is responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard.
        2. The Decision-maker is responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
        3. The Decision-maker(s) cannot be the same person as the Title IX Coordinator or an investigator(s).
        4. The Decision-maker(s) may not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
        5. The Decision-maker(s) must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to issue a written determination, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
      2. Parties’ Response to Investigative Report
        1. Upon receipt of the investigation report, the Decision-maker(s) must allow for at least ten (10) days to receive any written response from the parties before issuing a written determination regarding responsibility and whether District policy was violated.
        2. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence are offered to prove that someone other than the respondent committed the alleged conduct or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. The Decision-maker(s) must explain to a party proposing the questions any decision to exclude a question as not relevant.
        3. Upon receipt of relevant questions from a party, the Decision-maker(s) submits the questions to the witness or party to whom they are directed and establishes a timeframe in which the questions must be answered. Upon receipt of the answers, the decision-maker provides them to the parties who proposed the questions.
        4. At the Decision-maker’s discretion, the Decision-maker may permit limited follow-up questions from the parties.
      3. Determination Regarding Responsibility
        1. The Decision-maker(s) must issue a written determination as to whether the Respondent committed sexual harassment in violation of the District’s Title IX policy.
        2. The Decision-maker(s) objectively evaluates all relevant evidence gathered and presented during the investigation, as found in the investigative report, along with the answers to any written questions and follow-up questions to parties and witnesses as a response to the investigative report. The Decision-maker(s) evaluate the evidence, judge credibility based on factors of plausibility and consistency in party and witness statements, and then will reach a determination regarding responsibility.
        3. The Decision-maker(s) may consult with the investigator, the District’s General Counsel, and other administrators as applicable in making a determination, except for the Superintendent and his/her designee to whom an appeal would be directed.
        4. The Decision-maker(s) shall base the determination on the preponderance of the evidence standard. The District shall apply the same standard to all formal complaints of sexual harassment, whether the complaint involves a student or employee.
      4. The Written Determination
        1. The written determination must include:
          1. Identification of the allegations potentially constituting sexual harassment as defined in this policy;
          2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence;
          3. Findings of fact supporting the determination;
          4. Conclusions regarding the application of the District’s policy to the facts;
          5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the Complainant; and
          6. The District’s procedures and bases for the Complainant and Respondent to appeal.
          7. The recipient must provide the written determination to the parties simultaneously.
        2. If the Respondent is a student and found to have committed sexual harassment, the decision-maker shall ensure that the behavior and resulting disciplinary action is documented in the Student Information System.
        3. Upon receipt of the final determination, the Complainant or Respondent may file an appeal.
        4. The determination regarding responsibility becomes final either on the date that the recipient provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely, which is 10 calendar days after the issuance of the decision regarding responsibility.
      5. Issuance of Written Determination
        1. At the conclusion of the decision-making process, the Decision-maker(s) shall provide the written determination to the parties simultaneously.
        2. The Decision-maker(s) also provides a copy of the written determination to the Title IX Coordinator.
    8. Appeals
      1. Either party, the Complainant or Respondent, may appeal the Dismissal of a Formal
        Complaint in writing within five (5) calendar days after receipt of a Notice of Dismissal. Failure to submit written notice of an appeal within five (5) calendar days constitutes forfeiture of any right to appeal from a Dismissal of a Formal Complaint.
      2. Either party, the Complainant or Respondent, may appeal the Determination Regarding Responsibility within ten (10) calendar days from the date of when the written Determination Regarding Responsibility was issued. Failure to submit written notice of an appeal within ten (10) calendar days constitutes forfeiture of any right to appeal.
        1. Appeals shall be submitted to the Legal Services department, who shall forward the appeal to the Appeal Officer.
        2. Grounds for an appeal of a Determination Regarding Responsibility:
          1. Procedural irregularity that affected the outcome of the matter;
          2. New evidence that was not reasonably available at the time the Determination Regarding Responsibility was made, that could affect the outcome of the matter; or
          3. If a party believes there was a conflict of interest of the Title IX Coordinator, investigator (s), or decision-maker (s).
          4. If an appeal does not introduce new evidence or allege a conflict of interest or violation of the investigation procedures of this policy, it will be denied.
          5. Disagreement with the outcome of an investigation or with an investigator (s) interpretation or findings of facts is not grounds for an appeal under this policy.
        3. The Appeal Officer will notify the other party in writing when an appeal is filed and offer the non-appealing party an opportunity to provide a written statement in support of, or challenging, the outcome. The Appeal Officer will issue a written decision as to whether the investigation procedures were followed, whether there was a conflict of interest, or whether any new evidence would change the outcome of the investigation.
        4. The decision of the Appeal Officer is final.
    9. Confidentiality
      1. It is the policy of the District to respect, as far as possible, the privacy and anonymity of all parties and witnesses to complaints brought under this policy. However, because an individual’s right to confidentiality must be balanced with the District’s obligations to cooperate with law enforcement, government agency investigations, or legal proceedings, or to investigate and take necessary action to resolve a complaint, including by allowing each party the chance to provide information to the investigator, information about the complaint may be disclosed in appropriate circumstances, and for other good reasons that apply to the particular situation. The investigator also may discuss the complaint with one or more of the following persons:
        1. The General Counsel;
        2. The parent/legal guardian of the victim;
        3. The parent/legal guardian of an alleged student perpetrator;
        4. A teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth;
        5. Utah State Division of Child and Family Services for purposes of investigating child abuse reports; and
        6. Law enforcement agencies where the investigator has reasonable suspicion that the alleged Discrimination or Harassment involves criminal activity.
      2. Where a complaint involves allegations of child abuse, the complaint shall be immediately reported to appropriate law enforcement authorities or the Utah State Division of Child and Family Services. The anonymity of both the complainant and school officials involved in the investigation will be strictly protected as required by Utah Code §62A-4a-412.
    10. Retaliation
      1. Retaliation: It is prohibited for the District or any District employee to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
      2. Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.
      3. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The District is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
      4. The following do not constitute retaliation under this policy:
        1. The exercise of rights protected under the First Amendment.
        2. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure. A determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
    11. Discipline and Remedial Action; False Complaints
      1. Any student who engages in sexual harassment of anyone at school or at any school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Student Conduct and Disciplinary Process. Disciplinary action may include, but is not limited to, suspension, expulsion, exclusion or loss of extracurricular activities, probation, or alternative educational placement. In imposing such discipline, all facts and circumstances of the incident(s) shall be taken into account.
      2. Any employee who engages in sexual harassment of any student at school or at a school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Employee Termination policies. Disciplinary action may include, but is not limited to, warnings, reprimands, probation, disciplinary transfer, suspension, reduction in pay or hours, or termination. In imposing such discipline, all facts and circumstances of the incidents(s) shall be taken into account.
      3. If the investigator has reasonable suspicion that the harassment involves sexual assault, rape, or any other activity of a criminal nature, the District shall notify appropriate law enforcement authorities and immediately initiate proceedings to remove the accused party from the situation.
      4. If an investigation finds evidence of sexual harassment, the District shall implement remedial action necessary to eliminate its effects upon the victim and the school environment. Remedial action may include changes to school or District programs, offerings, facilities, rules, policies, or practices.
      5. Intentionally false, malicious, or frivolous complaints of sexual harassment shall result in corrective or disciplinary action taken against the complainant.
    12. Record Keeping
      1. The Title IX Coordinator shall maintain a confidential record separate from the individual’s educational or personnel file that includes the complaint, response, witness statements, evidence, investigative report, written determination, any appeal and the result therefrom, and any informal resolution and the result therefrom for seven (7) years.
      2. All student discipline issued for violations of this policy shall be documented by the Decision-maker on the District’s Student Information System. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that sexual harassment served as the basis for which the student was disciplined.
      3. All complaints made under this policy involving a student must be documented by the Building Administrator on the District’s Student Information System. Complaints must be documented even if the investigation results in a finding that this policy was not violated. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that the violation constituted sexual harassment.
      4. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.
      5. Records of complaints and investigations shall be retained in accordance with applicable federal and state law.
    13. Training; Dissemination of Policy
      1. The District recognizes the importance of educating its employees and students regarding the prevention of sexual harassment and the observance of high ethical standards. To these ends, the District will provide ongoing training and education in this area. Notice of this policy will be distributed, and training will be conducted for employees and students of the District.
      2. This policy may be posted on the District’s website and published in student registration materials, student and employee handbooks, parent information guides, and other appropriate school publications as directed by the District.