Discrimination

Any behavior, expression, or activity that stigmatizes or victimizes individuals or groups of people because of their personal attributes, including sex, race, ethnicity, citizenship status, color, national origin, religion, age, sexual orientation, gender identity or expression, genetic information, military status, disability, or any other characteristic protected by law, and that:

• Involves an express or implied threat to an individual’s educational efforts, participation in school- sponsored extra-curricular activities, terms or conditions of employment, or personal safety; or
• Has the purpose of interfering with an individual’s educational efforts, participation in school- sponsored extra-curricular activities, terms or conditions of employment, or personal safety; or
• Creates an intimidating, hostile, demeaning, or offensive educational or work environment.

Sexual Harassment

Title IX of the Education Amendments of 1972 prohibit the District from engaging in discrimination on the basis of sex. The District follows the definitions and implementing regulations as provided by the United States Department of Education. District employees with actual knowledge of a student being subject to sexual harassment are required report the conduct to the Title IX Coordinator.

The Chief Executive Officer appoints an individual or individuals to serve as the Title IX Coordinator. The Title IX Coordinator will coordinate the District’s efforts to comply with its responsibilities under Title IX, this policy, and applicable state and federal law. This coordination includes assessing and addressing the training needs of District employees.

The Title IX Coordinator is responsible for maintaining sexual harassment procedures and processes for promptly and equitably resolving complaints of violations of this policy and will publish the procedures on the District’s website. The sexual harassment procedures and processes may differ from the investigative process identified in this policy based on United States Department of Education regulations. At a minimum, the grievance procedures and processes will include the applicable definitions of prohibited conduct, explain the applicable investigative process, identify the standard of proof against which complaints will be evaluated, and provide any other information required by law.

Complaints may allege sexual harassment as well as other forms of discrimination or discriminatory harassment. In such cases, allegations of sexual harassment will be investigated pursuant to the sexual harassment procedures and allegations related to other forms of discrimination or discriminatory harassment will be investigated in accordance with the investigative process identified in this policy.

Questions regarding the applicability of Title IX, or United States Department of Education’s implementing regulations to the District may be directed to the District’s Title IX Coordinator, to the Assistant Secretary of the United States Department of Education, or both.

Reporting

The District is committed to resolving complaints of violations of this policy as quickly and efficiently as possible.

Any student or employee who believes they have been subjected to sexual harassment, discriminatory harassment, or discrimination by another person is encouraged, but not required, to notify the offender in an effort to stop the behavior.

If a student or employee believes they have been sexually harassed, discriminately harassed, or discriminated against or has knowledge that others have been subjected to such behavior, they should report the incident to the Director of EEO/Title IX Coordinator. A report can be submitted verbally or in writing.

A written report can be made by completing the Sexual Harassment, Discriminatory Harassment, and/or Discrimination Complaint Form, attached to this policy and available in each school and department, or by e-mail or letter submitted to the Director of EEO/ Title IX Coordinator. Oral reports shall be considered complaints as well. All complaints shall be handled in accordance with District procedure.

Investigation

Upon receipt of a complaint alleging discrimination or discriminatory harassment, the Director of EEO shall promptly undertake or authorize investigation. That investigation may be conducted by District officials or by a third party designated by the District. Whether a particular incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. In determining whether the alleged conduct constitutes a violation of this policy, the investigating individual may consider:

• The nature of the behavior
• The relationship between the parties involved
• Where the harassment occurred
• Any past incidents involving the same individuals
• Whether the conduct adversely affects the work environment
• The context in which the alleged incidents occurred.

During the course of an investigation under this policy, the investigating individual may conduct interviews with the complainant, alleged victim, alleged offender, any identified witnesses, or any other individuals deemed necessary by the investigating individual, as well as a review of pertinent documents.

An alleged offender will be informed of the allegation(s) the facts surrounding the allegation(s) and will be provided an opportunity to respond to the allegations and to submit evidence in his/her defense for the investigator’s consideration.

The District aims to complete all discrimination and discriminatory harassment investigations within 60 calendar days of the initial report. However, there may be some investigations that cannot be completed within 60 calendar days. In such cases, the District will communicate to the complainant that the investigation is going to take longer than 60 calendar days and will indicate when the District believes it will complete the investigation.

After conclusion of the investigative process, the investigating individual shall submit written reports of their conclusions to the Director of EEO. The finding about whether or not there is a violation of this policy will be communicated to the complainant and the alleged offender. However, any sanction imposed will not be communicated with the complainant. Reports to the alleged victim and alleged offender may be conclusory in nature and need not identify witnesses interviewed, statements offered, or evidence collected. The results of the investigation of each complaint filed under these procedures will be reported in accordance with state and federal laws regarding data or records privacy, and consistent with the privacy rights of the alleged harasser.

The District’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.

School District Action

If a violation of this policy has occurred, the District will take prompt, appropriate action to address the violation. Appropriate actions related to students may include but are not limited to counseling, awareness training, parent-teacher conferences, warning, suspension, exclusion, transfer, or exclusion. Appropriate actions related to employees may include but are not limited to counseling, awareness training, warning, transfer, termination or discharge. District action taken for violation of this policy shall be consistent with the requirements of applicable collective bargaining agreements, student codes of conduct, state and federal law, and the District’s policies on disciplinary action.

The District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligation to investigate, to take appropriate action, and to conform to any discovery or disclosure obligations.

In the event that the evidence suggests that the violation at issue is also a crime in violation of an Ohio criminal statute, the Director of EEO / Title IX Coordinator shall report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes.

Copies of all complaints and the investigations conducted pursuant to this policy shall be maintained for a period in accordance with the state statutes of limitations by the Director of EEO/Title IX Coordinator.

Reprisal

Submission of a good faith complaint or report pursuant to this policy will not affect the complainant or reporter’s educational or work status, environment, or assignments.

Students and employees are prohibited from deliberately making false complaints of sexual harassment, discriminatory harassment, or discrimination. Students and employees found responsible for deliberately making false reports of sexual harassment, discriminatory harassment, or discrimination may be subject to a full range of disciplinary consequences.

Retaliation of any type against any person who reports an alleged violation of this policy, or who testifies, assists, or participates in an investigation or hearing related to such a violation is not tolerated by the District. The District will discipline any student, teacher, administrator or other school personnel who engages in retaliation, including possible termination or expulsion. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

Enforcement

The Chief Executive Officer designates the Director of EEO / Title IX Coordinator as the District personnel with responsibility to identify, prevent, and remedy sexual harassment, discriminatory harassment, and discrimination. This individual shall: