HomeMy WebLinkAboutU-4085 Sexual Harassment (Title IX)STUDENTS U-4085
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Bonneville Joint School District No. 93
Sexual Harassment (Title IX)
SEXUAL HARASSMENT (TITLE IX)
Bonneville Joint School District is committed to creating and maintaining a learning
and working environment that is free from unlawful discrimination based on sex in
accordance with Title IX, which prohibits discrimination on the basis of sex in
education programs or activities and Title VII, which prohibits sex discrimination in
employment. Sexual Harassment and Retaliation under this Policy will not be
tolerated by Bonneville Joint School District and are grounds for disciplinary action,
up to and including, expulsion from Bonneville Joint School District and/or
termination of employment.
Section 1. Introduction
1.Purpose. Bonneville Joint School District takes all reported sexual misconduct
and Sexual Harassment seriously. Bonneville Joint School District will promptly
discipline any individuals within its control who are found responsible for violating
this Policy. Additionally, reported sexual misconduct, harassment, and retaliation
that does not meet the definitions and jurisdiction of this policy will be referred for
review under the Student Code of Conduct or employee Personal Conduct Policy
#5240.
2.Applicability. This policy applies to students and employees when all of the
following criteria are true:
a.Respondent: when the Respondent is a student enrolled in Bonneville
Joint School District at the time of the alleged conduct or is an employee
at Bonneville Joint School District at the time of the alleged conduct,
b. Complainant: the alleged conduct occurs against a person in the United
States, and the Complainant is participating in or attempting to participate
in Bonneville Joint School District’s education program or school-
sanctioned activity.
c.Conduct: when the alleged conduct includes Sexual Harassment under
this Policy,
d.Context: where the alleged conduct occurs in Bonneville Joint School
District’s education program or school-sanctioned activity,
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3.Title IX Coordinator and Key Title IX Officials: The Title IX Coordinator is the
Bonneville Joint School District administrator who oversees Bonneville Joint
School District compliance with Title IX. The Title IX Coordinator is responsible
for responding to all reports and Formal Complaints of Sexual Harassment. The
Title IX Coordinator is available to discuss the grievance process, coordinate
supportive measures, explain Bonneville Joint School District’s policies and
procedures, and provide education on relevant issues. The Superintendent may
designate one or more Deputy Title IX Coordinators to help facilitate these
responsibilities. Any parent, student, or staff member of Bonneville Joint School
District may contact the Title IX Coordinator with questions. Title IX Coordinator
and Deputy Title IX Coordinator contact information is as follows:
Title IX Coordinator:
Ken Marlowe, Director of Social-Emotional Learning and Support
Email: TitleIX@d93mail.com
Phone: (208) 552-8480
Deputy Title IX Coordinator:
Gordon Howard, Director of Safety and Technology
In addition to the Title IX Coordinator, the Superintendent / designee will appoint
investigators, decision makers and informal resolution facilitators who have roles
in the formal grievance process more fully explained in Sections 6 and 8 of this
policy.
The Title IX Coordinator, Deputy Title IX Coordinators, and appointed
investigators, decision-makers, and informal resolution facilitators will receive
annual training in compliance with Title IX. All administrators in these roles will
not rely on sex stereotypes and will provide impartial investigations and
adjudications of Formal Complaints of Sexual Harassment. All materials used to
train these administrators will be publicly made available on Bonneville Joint
School District’s website in accordance with Title IX requirements.
The Title IX Coordinator, Deputy Title IX Coordinators, investigators, decision-
makers, and informal resolution facilitators shall not have a conflict of interest or
bias for or against Complainants or Respondents generally or an individual
Complainant or Respondent.
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4.Notification: Bonneville Joint School District will use email and digital forms for
purposes of communication and notification under this Policy unless a party to a
complaint requests written communication in hard-copy version.
5.Dissemination of Policy: This Policy will be made available to all Bonneville
Joint School District employees and students online at d93.org/U-4085 with
summarized information provided in the student and employee handbooks.
6.Retaliation and False Statements Prohibited: Neither Bonneville Joint School
District nor any other person may intimidate, threaten, coerce, or discriminate
against any individual for the purpose of interfering with any right or privilege
secured by Title IX or this 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.
a.Alleged violations of retaliation will be referred to the student or employee
Code of Conduct,
b.The exercise of rights protected under the First Amendment does not
constitute retaliation prohibited under this Policy.
c.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 does not constitute Retaliation prohibited
under Policy. However, a determination regarding responsibility, alone, is
not sufficient to conclude that any party made a materially false statement
in bad faith.
7.Amnesty: Bonneville Joint School District strongly encourages students to report
incidents violating the policy related to discrimination, harassment, sexual
harassment, and related inappropriate conduct. Bonneville Joint School District’s
primary concern is the safety of the members of the school district community,
and it encourages behavior that demonstrates care and concern for members of
the community. Accordingly, the school district reserves the right to provide a
reprieve from disciplinary actions for Complainants and other individuals who
exhibit responsible and proactive behavior in reporting Sexual Harassment,
sexual misconduct, sexual violence, or other prohibited conduct or for students
acting as a witness during the formal grievance procedures. Bonneville Joint
School District may provide referrals to counseling and may require educational
options, rather than disciplinary Actions, in such cases.
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8.Other Bonneville School District Policies: In the event of a conflict, this Policy
shall take precedence over other Bonneville Joint School District policies and
procedures concerning Sexual Harassment under Title IX.
9.Modification and Review of this Policy: Bonneville Joint School District
reserves the right to modify this Policy to take into account applicable legal
requirements. Bonneville Joint School District will regularly review this Policy to
determine when such modifications need to be made.
10. Additional Code of Conduct or Bonneville Joint School District Policy
Violations: Alleged violations of the student or employee Code of Conduct that
arise from the same events as alleged Sexual Harassment under this policy will
be investigated and resolved under the grievance process in this policy unless
the Sexual Harassment has been dismissed under Section 5.2 of this policy.
11. Role of Parent or Guardian: Nothing in this Policy will prevent a parent or
guardian of a minor student from exercising any legal right to act on behalf of a
“Complainant,” “Respondent,” “party,” or other individual, subject to this Policy
including but not limited to filing a Formal Complaint.
12. Role of Advisor: Either party may be accompanied to any related meeting or
proceeding by the advisor of their choice. The advisor may be an attorney, but
this is not a requirement. However, neither party’s advisor will be permitted to
question witnesses. Neither party’s advisor may participate in interviews or
meetings in which the represented party is not a participant.
Section 2. Definitions
1.Definitions of Prohibited Conduct Under this Policy
a.Sexual Harassment means conduct on the basis of sex that satisfies one
or more of the following:
i.An employee of the recipient conditioning the provision of an aid,
benefit, or service of the recipient on an individual’s participation in
unwelcome sexual conduct;
ii.Unwelcome conduct determined by a reasonable person to be so
severe, pervasive, and objectively offensive that it effectively denies
a person equal access to the recipient’s education program or
activity; or
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Sexual Harassment (Title IX)
iii.Sexual assault, dating violence, domestic violence or stalking as
defined in this policy.
b.Sexual Assault means an offense classified as a forcible or nonforcible
sex offense under the uniform crime reporting system of the Federal
Bureau of Investigation, including rape, fondling, incest, and statutory rape
as defined in this Policy.
c.Rape means the penetration, no matter how slight, of the vagina or anus
with any body part or object, or oral penetration by a sex organ of another
person, without the Consent of the victim, as well as under any of the
circumstances identified in Idaho Code Sections §18-6101 or §18-6608.
d.Fondling means the touching of the private body parts of another person
for the purpose of sexual gratification, without the consent of the victim,
including instances where the victim is incapable of giving consent
because of his/her age or because of his/her temporary or permanent
mental Incapacity.
e.Incest means sexual intercourse between persons who are related to
each other within the degrees wherein marriage is prohibited by law.
f.Statutory Rape means sexual intercourse with a person who is under the
statutory age of consent as defined in Idaho Code Section §18-6101.
g.Dating Violence means violence committed by a person
i.who is or has been in a social relationship of a romantic or intimate
nature with the victim; and
ii.where the existence of such a relationship shall be determined
based on a consideration of the following factors:
1.The length of the relationship, The type of relationship,
2.The frequency of interaction between the persons involved in
the relationship.
Dating violence includes, but is not limited to, sexual or physical abuse or
the threat of such abuse.
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h.Domestic Violence includes felony or misdemeanor crimes of violence
committed by:
i.a current or former spouse or intimate partner of the victim, a
person with whom the victim shares a child in common,
ii.a person who is cohabitating with or has cohabitated with the victim
as a spouse or intimate partner,
iii.a person similarly situated to a spouse of the victim under the
domestic or family violence laws of Idaho, or
iv.any other person against an adult or youth victim who is protected
from that person’s acts under the domestic or family violence laws
of Colorado.
i.Stalking means engaging in a Course of Conduct directed at a specific
person that would cause a reasonable person to—
i.fear for his or her safety or the safety of others;
ii.or suffer Substantial Emotional Distress.
2.Definitions Related to Sexual Harassment: Consent, Course of Conduct,
Incapacitation, Reasonable Person, Substantial Emotional Distress
a.Consent is affirmative, conscious, voluntary, and revocable. Consent to
sexual activity requires an affirmative, conscious, and voluntary
agreement to engage in sexual activity from each participant.
It is the responsibility of each person to ensure they have the affirmative
Consent of the other to engage in the sexual activity. Lack of protest, lack
of resistance, or silence do not, alone, constitute consent. Affirmative
consent must be ongoing and can be revoked at any time during sexual
activity.
The existence of a dating relationship or past sexual relations between the
Complainant and Respondent will never by itself be assumed to be an
indicator of consent (nor will subsequent sexual relations or dating
relationship alone suffice as evidence of Consent to prior conduct).
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The Respondent’s belief that the Complainant consented will not provide a
valid defense unless the belief was actual and reasonable. In making this
determination, the decision-maker will consider all of the facts and
circumstances the Respondent knew, or reasonably should have known,
at the time. In particular, the Respondent’s belief is not a valid defense
where:
i.The Respondent’s belief arose from the Respondent’s own
intoxication or recklessness;
ii.The Respondent did not take reasonable steps, in the
circumstances known to the Respondent at the time, to ascertain
whether the Complainant affirmatively Consented; or
iii.The Respondent knew or a reasonable person should have known
that the Complainant was unable to Consent because the
Complainant was incapacitated, in that the Complainant was:
1.asleep or unconscious
2.unable to understand the fact, nature, or extent of the sexual
activity due to the influence of drugs, alcohol, or medication
3.unable to communicate due to a mental or physical
condition.
b.Course of Conduct means two or more acts, including, but not limited to,
acts in which the individual directly, indirectly, or through third parties, by
any action, method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person, or interferes
with a person’s property.
c.Incapacitation means that a person lacks the ability to actively agree to
sexual activity because the person is asleep, unconscious, under the
influence of alcohol or other drugs such that the person does not have
control over their body, is unaware that sexual activity is occurring, or their
mental, physical or developmental abilities render them incapable of
making rational informed decisions. Incapacitated is a state beyond
drunkenness or intoxication. A person is not necessarily incapacitated
merely as a result of drinking, using drugs, or taking medication.
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A person violates this policy when they engage in sexual activity with
another person who is Incapacitated and a Reasonable Person in the
same situation would have known that the person is Incapacitated.
Incapacitation can be voluntary or involuntary. Signs of Incapacitation may
include, without limitation: sleep; total or intermittent unconsciousness;
lack of control over physical movements (e.g., inability to dress/undress
without assistance; inability to walk without assistance); lack of awareness
of circumstances or surroundings; emotional volatility; combativeness;
vomiting; incontinence; unresponsiveness; and inability to communicate
coherently. Incapacitation is an individualized determination based on the
totality of the circumstances.
d.Reasonable Person means a reasonable person under similar
circumstances and with similar identities to the victim.
e.Substantial Emotional Distress means significant mental suffering or
anguish that may, but does not necessarily require medical or other
professional treatment or counseling.
3.Other Defined Terms
a.Actual Knowledge means Notice of Sexual Harassment allegations to
any employee of Bonneville Joint School District (Officials with Authority),
except that Actual Knowledge is not met when the only individual with
Actual Knowledge is the Respondent.
b.Business Day means any weekday not designated by Bonneville Joint
School District as a holiday or administrative closure day. When
calculating a time period of Business Days specified in this Policy, the
Business Day of the event that triggers a time period is excluded.
c.Complainant means an individual who is alleged to be the victim of
conduct that could constitute sexual harassment. Complainants and
Respondents are referred to collectively as “parties” throughout this
Policy.
d.Disciplinary Actions are imposed only after a finding of responsibility
through the grievance process or an agreement through the informal
resolution process.
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e.Education Program or School-sanctioned Activity includes locations,
events, or circumstances over which Bonneville Joint School District
exercises substantial control over both the Respondent and the context in
which the Sexual Harassment occurs. This includes conduct that occurs
on Bonneville Joint School District property, during any Bonneville Joint
School District activity.
f.Formal Complaint means a document filed by a Complainant (or parent
or guardian of a minor student) or signed by the Title IX Coordinator
alleging Sexual Harassment against a Respondent and requesting that
Bonneville Joint School District investigate the allegation of Sexual
Harassment.
g.Official with Authority means any employee of Bonneville Joint School
District.
h.Remedies are measures designed to restore or preserve equal access to
Bonneville Joint School District’s Education Program or Activity. Remedies
may include, but are not limited to, the same individualized services as
Supportive Measures; however, Remedies need not be non-disciplinary or
non-punitive and need not avoid burdening the Respondent.
i.Respondent means an individual who has been reported to be the
perpetrator of conduct that could constitute sexual harassment.
Complainants and Respondents are referred to collectively as “parties”
throughout this Policy.
j.Retaliation means intimidation, threats, coercion, or discrimination,
including charges against an individual for code of conduct violations that
do not involve sex discrimination or Sexual Harassment, but arise out of
the same facts or circumstances as a report or complaint of sex
discrimination, or a report or Formal Complaint of Sexual Harassment, for
the purpose of interfering with any right or privilege secured by Title IX or
this Policy.
k.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 after the Title IX
Coordinator has been provided a report of sexual harassment.
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Such measures are designed to restore or preserve equal access to
Bonneville Joint School District’s Education Programs or Activities without
unreasonably burdening the other party, including measures designed to
protect the safety of all parties or Bonneville Joint School District’s
educational environment, or deter sexual harassment.
Supportive measures may include, but are not limited to, counseling,
extensions of deadlines or other course-related adjustments, modifications
of work or class schedules, escort services, mutual restrictions on contact
between the parties, changes in work locations, leaves of absence,
increased security and monitoring of certain areas of the property, and
other similar measures.
Section 3. Reporting Sexual Harassment and Preservation of Evidence
1.Reporting to Bonneville Joint School District
a.Reporting to Title IX Coordinator:
i.Reports of Sexual Harassment may be made to the Title IX
Coordinator in any of the following ways, by anyone, at any time:
●Email: titleix@d93mail.com
●Phone: (208) 552-8480
●Online form: http://d93.org/report
●Mail:
Title IX Coordinator
Bonneville Joint School District 93
3497 N Ammon Road
Idaho Falls, ID 83401
●In-person reports may be made to the Title IX Coordinator in
person at the Office of Social Emotional Learning, 3497 N
Ammon Road.
ii.After Title IX Sexual Harassment has been reported to the Title IX
Coordinator, the Title IX Coordinator will promptly offer supportive
measures to the Complainant, regardless of whether the
Complainant was the reporter of the Sexual Harassment.
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b.Reporting to Employees of Bonneville Joint School District: If
employees of Bonneville Joint School District are notified of Sexual
Harassment, they shall promptly report such Sexual Harassment to the
Title IX Coordinator who will take immediate action under this Policy.
2.Reporting to Law Enforcement. Reports may be filed with local law
enforcement agencies. The Title IX Coordinator can assist with contacting law
enforcement agencies. Law enforcement investigations are separate and distinct
from Bonneville Joint School District investigations.
3.Time Limits on Reporting. There are no time limits on reporting Sexual
Harassment to the Title IX Coordinator or Bonneville Joint School District. If the
Respondent is no longer subject to Bonneville Joint School District’s Education
Program or Activity or significant time has passed, Bonneville Joint School
District will have limited ability to investigate, respond and/or provide disciplinary
Remedies and Actions.
Section 4: Initial Response to Reported Sexual Harassment:
Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will promptly
contact the Complainant, regardless of whether the Complainant was the individual who
initiated the report. During the initial contact with the Complainant, the Title IX
Coordinator will:
●Provide the Complainant with notice of their option to have an advisor;
●Explain the process for filing a Formal Complaint;
●Explain the Grievance Process;
●Discuss the availability of Supportive Measures regardless of whether a Formal
Complaint is filed;
●Consider the Complainant’s wishes with respect to Supportive Measures.
Section 5: Formal Complaint:
Bonneville Joint School District will investigate all allegations of Sexual Harassment in a
Formal Complaint.
1.Filing a Formal Complaint: A Formal Complaint must:
a.Contain an allegation of Sexual Harassment against a Respondent;
b.Request that Bonneville Joint School District investigate the allegation;
and
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c.Be signed by the Complainant (or parent or guardian of the Complainant)
or Title IX Coordinator.
d.In limited circumstances, if a Complainant does not sign a Formal
Complaint, the Title IX Coordinator may sign a Formal Complaint. In
determining whether to sign a Formal Complaint, the Title IX Coordinator
will consider factors that include but are not limited to:
i.occurred while the Respondent was an Bonneville Joint School
District student or employee;
ii.Whether the Respondent threatened further Sexual Harassment or
other misconduct against the Complainant or others;
iii.Whether the alleged Sexual Harassment was committed by multiple
perpetrators;
iv.The nature and scope of the alleged Sexual Harassment including
whether the Sexual Harassment was perpetrated with a weapon;
v.The ages and roles of the Complainant and the Respondent;
vi.Bonneville Joint School District can pursue the investigation without
the participation of the Complainant (e.g., whether there are other
available means to obtain relevant evidence of the alleged Sexual
Harassment such as security cameras or physical evidence);
vii.Whether the report reveals a pattern of perpetration (e.g.,
perpetration involving illicit use of drugs or alcohol) at a given
location or by a particular group.
2.Dismissal of a Formal Complaint.
a.Required Dismissal: The Title IX Coordinator must dismiss a Formal
Complaint for purposes of Sexual Harassment if:
i.The conduct alleged in the Formal Complaint would not constitute
Sexual Harassment as defined in this Policy even if proved;
ii.The conduct alleged did not occur in Bonneville Joint School
District’s Education Program or Activity; or
iii.The Conduct alleged in the Formal Complaint did not occur against
a person in the United States.
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iv.Dismissal of a Formal Complaint does not preclude action under
other provisions of the Bonneville Joint School District’s policies
and procedures. If a Formal Complaint is dismissed for one of
these reasons, the matter will be referred to the school principal or
immediate supervisor to determine whether the matter will be
pursued under the Bonneville Joint School District Student Code of
Conduct, Employee Personal Conduct Policy, or other relevant
policies of the Board of Trustees.
b.Permissive Dismissal: The Title IX Coordinator may dismiss a Formal
Complaint or any allegations within the Formal Complaint, if at any time
during the investigation or hearing:
i.A Complainant notifies the Title IX Coordinator in writing that the
Complainant would like to withdraw the Formal Complaint or any
allegations within the Formal Complaint,
ii.The Respondent is no longer enrolled or employed by Bonneville
Joint School District, or
iii.Specific circumstances prevent Bonneville Joint School District
from gathering evidence sufficient to reach a determination as to
the Formal Complaint or allegations within the Formal Complaint.
c.Appeal of Dismissal: Either party may appeal the dismissal of a Formal
Complaint or any allegations therein. See Section 7 for reasons for and
the process for appeals.
3.Consolidation of Formal Complaints: The Title IX Coordinator may consolidate
Formal Complaints as to allegations of Sexual Harassment against more than
one Respondent or by more than one Complainant against one or more
Respondents where the allegations arise out of the same facts or circumstances.
Section 6: Grievance Process
The grievance process within this Policy is designed to treat Complainants and
Respondents equitably. Remedies are provided to a Complainant where a
determination of responsibility for Sexual Harassment has been made against the
Respondent and Disciplinary Actions are not imposed against a Respondent prior to the
completion of the grievance process.
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1.General Grievance Process Information:
a.Burden of Proof and Burden of Gathering Evidence: All investigations
and proceedings, including hearings, relating to Sexual Harassment will
be conducted using a “preponderance of the evidence” (more likely than
not) standard. The burden of proof and the burden of gathering evidence
sufficient to reach a determination regarding responsibility is the sole
responsibility of designated Title IX investigators assigned to investigate
the allegations by the Title IX Coordinator, and not the parties.
b.Presumption of Not Responsible: The Respondent is presumed to be
not responsible for the alleged conduct until a determination regarding
responsibility is made at the end of the grievance process.
c.Time Frames for Grievance Process: Bonneville Joint School District
strives to complete the grievance process within seventy-five (75)
Business Days. Temporary delays and/or extensions of the time frames
within this Policy may occur for good cause. Written notice will be provided
to the parties of the delay and/or extension of the time frames with
explanation of the reasons for such action. Examples of good cause for
delay/extensions include but are not limited to considerations such as the
absence of a party, a party’s advisor, or a witness; concurrent law
enforcement activity; or the need for language assistance or
accommodation of disabilities.
d.Medical Records: Bonneville Joint School District will not access,
consider, disclose, or otherwise use party’s records that are that are made
or maintained by a physician, psychiatrist, psychologist, or other
recognized professional or paraprofessional acting in the professional’s or
paraprofessional’s capacity, or assisting in that capacity, and which are
made and maintained in connection with the provision of treatment to the
party, unless Bonneville Joint School District obtains that party’s voluntary,
written permission to do so for the grievance process within the Policy.
e.Privileged Information: Bonneville Joint School District will 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 the privilege has waived the privilege.
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f.Range of Disciplinary Actions: Actions that may be required if an
individual is found responsible for violating this policy include:
g.Notice of Meetings, Interviews, and Hearings: Parties and witnesses
will be provided notice of any meeting, interview, and/or hearing with
sufficient time (at least 24 hours) to prepare to participate. This notice will
include the date, time, location, participants and purposes of the meeting,
interview and/or hearing.
2.Notice of Allegations: Upon receipt of a Formal Complaint, the Title IX
Coordinator will provide Notice of Allegations (Form U-4085F1 and U-4085F2)
to the parties who are known. The Notice of Allegations will include:
a.Notice of the party’s rights and options
b.Notice of Bonneville Joint School District’s grievance process
c.Notice of Bonneville Joint School District’s informal resolution process and
options
d.Notice of the allegations of Sexual Harassment including:
i.The identities of the parties involved in the incident, if known, The
conduct allegedly constituting Sexual Harassment, and The date
and location of the incident, if known.
ii.Notice that the Respondent is presumed not responsible for the
alleged conduct and that a determination regarding responsibility is
made at the conclusion of the grievance process.
iii.Notice that the parties may have an advisor of their choice, who
may be, but is not required to be an attorney, and that the advisor
may inspect and review evidence.
iv.Notice of the Bonneville Joint School District Code of Conduct
provision that prohibits knowingly making false statements or
knowingly submitting false information during the grievance
process.
e.The Notice of Allegations will be updated and written notice provided to
the parties if at any time during the investigation, Bonneville Joint School
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District decides to investigate allegations about the Complainant or
Respondent that are not included in the initial Notice of Allegations.
3.Investigation of Formal Complaint. If a formal complaint is not dismissed
pursuant to the criteria listed in Section 5.2, the Title IX Coordinator will assign
one or more trained investigators to conduct an investigation following the Notice
of Allegations. During all meetings and interviews the parties may be
accompanied by an advisor of their choice, which can be, but is not required to
be an attorney. The advisor’s role is limited to assisting, advising, and/ or
supporting a Complainant or Respondent. An advisor is not permitted to speak
for or on behalf of a Complainant or Respondent or appear in lieu of a
Complainant or Respondent.
a.Opportunity to Provide Information and Present Witnesses: Each
party will be provided an equal opportunity to provide information to the
investigator and present witnesses for the investigator to interview. The
information provided by the parties can include inculpatory and
exculpatory evidence. The witnesses can include both fact witnesses and
expert witnesses.
b.Opportunity to Inspect and Review Evidence: Each party will be
provided an equal opportunity to inspect and review any evidence
obtained as part of the investigation that is directly related to the
allegations raised in the Formal Complaint, including evidence upon which
Bonneville Joint School District does not intend to rely upon in reaching a
determination regarding responsibility. This review includes inculpatory
and exculpatory evidence that is obtained by a party, witness, or other
source. Each party and their advisor (if any) will be provided an electronic
copy of the evidence for inspection and review. The parties will have ten
(10) business days to review and submit a written response to the
investigator. The investigator will consider the written responses prior to
completing an investigative report. All evidence provided during the
inspection and review phase will be available at any hearing for the parties
to use during the hearing, including for purposes of cross examination.
c.Investigative Report: Following the opportunity to inspect and review
evidence directly related to the allegations raised in the Formal Complaint,
the investigators will create an investigative report that fairly summarizes
relevant evidence obtained during the investigation. The investigators
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should strive to complete the Investigative Report within six (6) Business
Days of the conclusion of the Opportunity to Inspect and Review
Evidence.
d.Review of the Investigative Report: The investigator will provide each
party and the party’s advisor (if any) an electronic copy of the investigative
report for their review and written response. The determination of
responsibility may not be made until parties have been given the
opportunity to submit a response to the Investigative Report. The parties
will be provided ten (10) Business Days to submit a response to the
Investigative Report to the Title IX Coordinator. The parties will also be
provided at least five (5) business days to review the Investigative Report
before being asked to submit questions and answers pursuant to Section
7.
e.Investigation Timeframe: The investigator should strive to conclude the
investigation of a Formal Complaint and complete the Investigative Report
within thirty (30) Business Days of the filing of a Formal Complaint. The
parties will be provided updates on the progress of the investigation, as
needed.
Section 7: Question and Answer Period
After the investigation, the Superintendent / designee will assign a decision-maker who
will be responsible for making a determination of responsibility and assigning sanctions.
No sooner than 5 Business Days after the Investigator has sent the Investigative Report
as described in Section 6d, the Decision Maker will afford each party the opportunity to:
●submit written, relevant questions that a party wants asked of any party or
witness;
●provide each party with the answers; and
●allow for additional, limited follow-up questions from each party.
1.Question and Answer Time Period:
a.3 days to submit questions in response
b.2 days for Decision Maker to send
c.3 days to submit answers
d.2 days to submit follow up questions
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e.3 days to submit follow up answers
f.5 days for decision maker to review and submit decision
2.Evidence and Questions Excluded: The decision-maker will make
determination regarding relevancy prior to sending questions to parties or
witnesses. The following questions and evidence are considered not relevant:
a.Sexual Predisposition or Prior Sexual Behavior of the Complainant:
Questions and evidence about the Complainant’s sexual predisposition or
prior sexual behavior are not relevant, unless such questions and
evidence about the Complainant’s prior sexual behavior are offered to
prove that someone other than the Respondent committed the conduct
alleged by the Complainant, 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.
b.Privileged Information: No person will be required to disclose information
protected under a legally recognized privilege. The decision-maker must
not allow into evidence or rely upon any questions or evidence that may
require or seek disclosure of such information, unless the person holding
the privilege has waived the privilege. This includes information protected
by the attorney-client privilege.
c.Medical Records: Evidence or records that are made or maintained by a
physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in the professional’s or paraprofessional’s
capacity, or assisting in that capacity, and which are made and maintained
in connection with the provision of treatment to the party, are not permitted
to be used during a hearing unless the party provides voluntary, written
permission to do so for the grievance process within this Policy.
Section 8: Determination Regarding Responsibility:
After the question and answer period, the decision-maker will provide the Complainant
and the Respondent with a written determination simultaneously. The determination
regarding responsibility becomes final either on the date that Bonneville Joint School
District 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. The written notice will include:
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●Identification of the allegations potentially constituting Sexual Harassment;
●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, and hearings held; Findings of fact supporting the
determination;
●Conclusions regarding the application of this Policy to the facts;
●A statement of, and rationale for, the result as to each allegation, including a
determination regarding responsibility, any disciplinary Actions that Bonneville
Joint School District imposes on the Respondent, and whether remedies
designed to restore or preserve equal access to Bonneville Joint School District’s
education program or activity will be provided by Bonneville Joint School District
to the Complainant; and
●The procedures and permissible bases for the Complainant and Respondent to
appeal.
Section 9: Appeals
Either party may appeal the determination regarding responsibility, or the dismissal of a
Formal Complaint or any allegations therein within three (3) Business Days of the
receipt of the determination regarding responsibility or dismissal. The appeals must be
made in writing and delivered to the Title IX Coordinator.
1.Bases for Appeal: Appeals of the determination of responsibility or the dismissal
of a Formal Complaint may be made on the following bases:
a.Procedural irregularity that affected the outcome of the matter;
b.New evidence that was not reasonably available at the time the
determination regarding responsibility or dismissal was made, that could
affect the outcome of the matter; or
c.The Title IX Coordinator, investigator, or decision-maker had a conflict of
interest or bias for or against Complainants or Respondents generally or
the individual Complainant or Respondent that affected the outcome of the
matter.
2.Appeal Procedures: If an appeal is submitted, Bonneville Joint School District
will
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a.Notify the other party in writing when an appeal is filed and implement
appeal procedures equally for both parties.
b.Ensure that the decision-maker for the appeal is not the same person as
the decision-maker that reached the determination regarding responsibility
or dismissal, the investigator or the Title IX Coordinator.
c.Provide the non-appealing party with five (5) Business Days from receipt
of the notification of appeal to submit a written statement in support of the
outcome of the determination or dismissal.
d.Issue a written decision describing the result of the appeal and the
rationale for the result which can be one of the following:
i.Affirm the decision-maker’s determination regarding the
Respondent’s responsibility and affirm the disciplinary Actions and
remedies, if applicable;
ii.Affirm the decision-maker’s determination regarding the
Respondent’s responsibility and amend the disciplinary Actions and
remedies, if applicable;
iii.Remand the process back to the question and answer stage for the
decision-maker to remedy any procedural irregularity or consider
any new evidence;
iv.Reverse the decision-maker’s determination of the Respondent’s
responsibility and amend the disciplinary Actions and remedies, if
applicable; or
v.Affirm or amend the Actions and/or remedies outlined in the
determination issued under this Policy.
e.Provide the written decision simultaneously to both parties.
3.Appeal Timeframe: The appellate decision-maker will release the written
decision within ten (10) Business Days of receiving the appeal.
Section 10: Informal Resolution Process
At any time after a Formal Complaint has been signed and before a determination
regarding responsibility has been reached, the parties may voluntarily agree to
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participate in an informal resolution facilitated by Bonneville Joint School District that
does not involve a full investigation and adjudication. Types of informal resolution
include, but are not limited to, mediation, facilitated dialogue, conflict coaching, and
restorative justice and resolution by agreement of the parties.
1.Informal Resolution Notice: Prior to entering the informal resolution process,
Bonneville Joint School District will provide the parties a written notice disclosing:
a.The allegations;
b.The requirements of the informal resolution process, including the right of
any party to withdraw from the informal resolution process and resume the
grievance process and the circumstances which preclude parties from
resuming a Formal Complaint arising from the same allegations;
c.Consequences resulting from the informal resolution process, including
that the records will be maintained for a period of seven (7) years but will
not be used by investigators or decision-makers if the formal grievance
process resumes.
2.Informal Resolution Agreement: Prior to entering the informal resolution
process, the parties must voluntarily agree, in writing to the use of the informal
resolution process.
3.Informal Resolution Availability: The informal resolution process is not
permitted to resolve allegations that an employee committed Sexual Harassment
against a student.
4.Informal Resolution Timeframe: Informal resolutions of a Formal Complaint will
be concluded within twenty-five (25) business days of notice to Bonneville Joint
School District that both parties wish to proceed with the informal resolution
process. Such notice that the parties wish to proceed with an informal resolution
process will “pause” the counting of the timeframe to conclude the Grievance
Process of this Policy, should the informal resolution process fail, and the parties
continue with the Grievance Process.
5.Informal Resolution Documentation. Any final resolution pursuant to the
Informal Resolution process will be documented and kept for seven (7) years.
However, no recording of the informal resolution process will be made and all
statements made during the informal resolution process will not be used for or
against either party (and the decision-maker and/or appellate decision-maker
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may not consider any such statement made during informal resolution) should
the parties resume the grievance process. Failure to comply with an informal
resolution agreement may result in disciplinary action.
Section 11: Emergency Removal and Administrative Leave
1.Emergency Removal At any time after the Title IX Coordinator is on notice of
Sexual Harassment, Bonneville Joint School District may remove a Respondent
on an emergency basis. Bonneville Joint School District will only conduct an
emergency removal after:
a.Undertaking and individualized safety and risk analysis,
b.Determining that an immediate threat the physical health or safety of any
student or other individual arising from the allegations of Sexual
Harassment justifies removal, and
c.Providing the Respondent with notice and an opportunity to challenge the
decision to the Title IX Coordinator, within two (2) Business Days following
the removal.
2.Administrative Leave: Bonneville Joint School District may place an employee
Respondent on administrative leave while the grievance process in this Policy is
pending.
Section 11: Record Keeping
Bonneville Joint School District will maintain all of the documentation related to
reports of Sexual Harassment, Formal Complaints, the grievance process, and
information resolution process for seven years in accordance with state and
federal records laws and requirements. The documentation of all records are
private and confidential to the extent possible under law. Student records of the
grievance process are disciplinary records under Family Education Rights and
Privacy Act (FERPA). Employee records of the grievance process are subject to
the Freedom of Information Act (FOIA) and applicable state laws, and included in
the employee’s official employment record.
Section 12: Additional Conduct Violations Related to This Policy
Alleged violations of the terms in this section will be sent to the Title IX Coordinator
for student Respondents or the Director of Human Resources for employee
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Respondents for investigation and adjudication under the Bonneville Joint School
District student or employee Code of Conduct.
●Retaliation:
●False Information
●Interference with Grievance Process
●No Contact Directive Violations
Adopted: 06-16-2021 Reviewed: Revised:
Legal References: 34 CFR Part 106 Nondiscrimination on the Basis of Sex in Educational
Programs or Activities Receiving Federal Financial Aid