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Discrimination on the basis of sex, including sex-based harassment, as defined in this policy, affects a student’s ability to learn and an employee’s ability to work. Providing an educational and workplace environment free from discrimination on the basis of sex (Title IX Sex Discrimination) is an important District goal.

The District does not discriminate on the basis of sex and prohibits Title IX Sex Discrimination in any of its education programs or activities, as required by Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulations (34 C.F.R. Part 106) concerning individuals accessing or attempting to access the District’s education programs or activities, including applicants for employment, students, parents/guardians, employees, and third parties.

Title IX Sex Discrimination Prohibited

Title IX Sex Discrimination is prohibited. A District employee, agent, or student engages in Title IX Sex Discrimination whenever that person engages in conduct on the basis of sex that causes another person to be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any education program or activity operated by the District. Title IX Sex Discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

Sex-based Harassment is a form of Title IX Sex Discrimination. Sex-based Harassment occurs whenever a person engages in conduct on the basis of sex that satisfies one or more of the following:

1. Quid Pro Quo: A District employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District's education program or activity explicitly or impliedly conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or
2. Hostile Environment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the District’s education program or activity; or
3. Sexual assault as defined in 20 U.S.C. §1092(f)(6)(A)(v), dating violence as defined 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).

Definitions from 34 C.F.R. §106.2

Complainant means an individual who is alleged to be the victim of conduct that could constitute Title IX Sex Discrimination or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Title IX Sex Discrimination and who was participating or attempting to participate in the District’s education program or activity at the time of the alleged Title IX Sex Discrimination.

Complaint means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged Title IX Sex Discrimination.

Education program or activity includes but is not limited to, conduct subject to the District’s disciplinary authority. Depending on the facts, this phrase may extend to off-campus incidents of Title IX Sex Discrimination.

Informal Resolution means that a Complainant and Respondent agree to participate in an informal process to attempt to resolve an allegation of Title IX Sex Discrimination, that does not involve a full investigation and the adjudication of a report or Complaint. Informal Resolution is not available for reports or Complaints alleging that an employee engaged in Title IX Sex Discrimination with a student. Any party has the right to withdraw from the informal resolution process at any time and resume the grievance process under this policy.

Remedies are measures provided, as appropriate, to a Complainant or any other person the District identifies as having had their equal access to the District’s education program or activity limited or denied by Title IX Sex Discrimination, which are provided to restore or preserve that person’s access to the District’s education program or activity after the District has determined that Title IX Sex Discrimination occurred.

Respondent means a person who is alleged to have violated the District's prohibition on Title IX Sex Discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person by the District, a student, an employee, or any other person authorized by the District to provide aid, benefit, or service under its education program or activity, for the purpose of interfering with any right or privilege secure by Title IX or its implementing regulations, or because the person has reported information, made a complaint, testified, assisted, participated, or refused to participate in any manner in any investigation or proceeding under this policy.

Supportive measures mean individualized services offered as appropriate and as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or the Respondent. Such measures are designed to restore or preserve the party’s access to the District’s education program or activity, including measures designed to protect the safety of the parties or the District’s educational environment, or to provide support during the District’s Title IX Grievance Procedures or during the Informal Resolution process.

Title IX Sex Discrimination Prevention and Response

The Superintendent or designee will ensure that the District prevents and responds to allegations of Title IX Sex Discrimination as follows:

1. Ensures that the District’s comprehensive health education program in Board policy 6:60, Curriculum Content, incorporates (a) age-appropriate sexual abuse and assault awareness and prevention programs in grades pre-K through 8th, and (b) age-appropriate education about the warning signs, recognition, dangers, and prevention of teen dating violence in grades 7-8. This includes incorporating student social and emotional development into the District’s educational program as required by state law and in alignment with Board policy 6:65, Student Social and Emotional Development.
2. Incorporates education and training for school staff as required by law and/or as recommended by the Superintendent, Title IX Coordinator, Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, or a Complaint Manager.
3. Notifies applicants for employment, students, parents/guardians, employees, and collective bargaining units of this policy and contact information for the Title IX Coordinator. The District shall make Title IX training materials available upon request.

Making a Report

A person who wishes to make a report of Title IX Sex Discrimination may make a report to the Title IX Coordinator, Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, a Complaint Manager, or any employee with whom the person is comfortable speaking. A person who wishes to make a report may choose to report to a person of the same gender.

School employees who receive information about conduct that reasonably may constitute Title IX Sex Discrimination shall promptly forward any report or information to the Title IX Coordinator. An employee who fails to promptly make or forward a report or information may be disciplined, up to and including discharge.

The Title IX Coordinator shall screen each report of Title IX Sex Discrimination to determine whether it alleges conduct that reasonably may constitute Title IX Sex Discrimination in the District’s Education Program or Activity. If the Title IX Coordinator determines the conduct as alleged would constitute Title IX Sex Discrimination under this policy, the District shall follow its Title IX Grievance Procedure.

Inquiries about Title IX, its implementing regulations, or any policy or procedure prohibiting Title IX Sex Discrimination may be directed to the District’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights (OCR) at (312) 730-1560 or [email protected].

Title IX Coordinator:
Name:	Heather Glowacki
Address:	615 Locust Rd., Wilmette, IL 60091
Email	[email protected]
Telephone:	847-512-6003

Processing and Reviewing a Report or Complaint

Upon receipt of a report of conduct that reasonably may constitute Title IX Sex Discrimination, the Title IX Coordinator and/or designee will promptly contact the Complainant to offer and coordinate Supportive Measures, as appropriate, for Complainant, explain to the Complainant the process for filing a Complaint, and provide the District’s Title IX Grievance Procedure, including the District’s procedures for Informal Resolution.

Further, the Title IX Coordinator will analyze the report to identify and determine whether there is another or additional appropriate method(s) for processing and reviewing it. For any report received, the Title IX Coordinator shall review the following Board policies, including but not limited to: 2:260, Uniform Grievance Procedure; 5:20, Workplace Harassment Prohibited; 5:90, Abused and Neglected Child Reporting; 5:120, Employee Ethics; and Conflict of Interest; 7:20, Harassment of Students Prohibited; 7:180, Prevention of and Response to Bullying, Intimidation, and Harassment; 7:185, Teen Dating Violence Prohibited; and 7:190, Student Behavior, to determine if the allegations in the report require further or additional action under another Board policy.

Reports of alleged Title IX Sex Discrimination will be confidential to the greatest extent practicable, subject to the District’s duty to investigate and maintain an educational program or activity that is productive, respectful, and free of Title IX Sex Discrimination.

Title IX Complaint Grievance Process

When a Complaint is filed, the Title IX Coordinator shall implement its Title IX grievance process that fully complies with 34 C.F.R. §106.45, including:

1. Require the Title IX Coordinator to appoint a trained individual or individuals to investigate a Complaint and make a determination regarding the outcome of a Complaint. The Title IX Coordinator may also serve as the assigned investigator and/or decisionmaker.
2. Treat Complainants and Respondents equitably, including, by providing Remedies to a Complainant where a determination that Title IX Sex Discrimination occurred has been made against the Respondent, and by following a grievance process that complies with 34 C.F.R. §106.45 before the imposition of any disciplinary sanctions or other actions against a Respondent.
3. Provide an equal opportunity to the Complainant(s) and Respondent(s) to present evidence in support of or in mitigation of their respective positions, including fact and expert witnesses. Provide an opportunity for the decisionmaker to ask questions of all parties and witnesses and assess credibility.
4. Provide both parties with an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of the evidence, and provide both parties the opportunity to submit a written response to the evidence, if desired, which will be considered prior to the determination.
5. Require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and provide that credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
6. Require that any individual involved in the evaluation, investigation, informal resolution and decision-making for a Complaint, including the Title IX Coordinator:
1. Not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent; and
2. Receive training in accordance with 34 C.F.R. § 106.8.
7. Require all individuals involved in the evaluation, investigation, and decisionmaking for a Complaint, including the Title IX Coordinator, to operate under a presumption that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the Title IX grievance process.
8. Include reasonably prompt timeframes for each major phase of the Title IX grievance process.
9. Describe the range of possible disciplinary sanctions and Remedies the District may implement following any determination regarding whether Title IX Sex Discrimination occurred.
10. Base all decisions upon the preponderance of evidence standard.
11. Provide parties with a determination whether Title IX Sex Discrimination occurred, including the decisionmaker’s rationale supporting the determination and the permissible bases for appeal.
12. Include the procedures and permissible bases for the Complainant and Respondent to appeal.
13. Describe the range of Supportive Measures available to Complainants and Respondents.
14. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination rests on the District and not on the parties.
15. Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has voluntarily waived the privilege.

Enforcement

Any District employee who is determined, at the conclusion of the Title IX Grievance Process, to have engaged in Title IX Sex Discrimination will be subject to disciplinary action up to and including discharge. Any third party who is determined, at the conclusion of the Title IX Grievance Process, to have engaged in Title IX Sex Discrimination will be addressed in accordance with the authority of the Board in the context of the relationship of the third party to the District, e.g., vendor, parent, invitee, etc. Any District student who is determined, at the conclusion of the Title IX Grievance Process, to have engaged in Title IX Sex Discrimination will be subject to disciplinary action, including, but not limited to, suspension and/or expulsion consistent with any applicable laws, policies, or procedures regarding student discipline. Any person making a knowingly false accusation regarding Title IX Sex Discrimination will likewise be subject to disciplinary action.

This policy does not increase or diminish the ability of the District or the parties to exercise any other rights under existing law.

Retaliation Prohibited

The District prohibits any form of retaliation, against anyone who, in good faith, has made a report or complaint, assisted, or participated or refused to participate in any manner in a proceeding under this policy. Any person should report claims of retaliation to the Title IX Coordinator.

Any person who retaliates against others for reporting or complaining of violations of this policy or for participating in any manner under this policy will be subject to disciplinary action, up to and including discharge, with regard to employees, or suspension and expulsion, with regard to students.

Adopted: August 24, 2020
Revised: February 28, 2022; September 23, 2024
Reviewed: June 12, 2023

Legal Reference:
20 U.S.C. §1681 et seq., Title IX of the Educational Amendments of 1972; 34 C.F.R. Part 106.
Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999).
Gebser v. Lago Vista Independent Sch. Dist., 524 U.S. 274 (1998).