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