JCAC Sexual Harassment of Students

                                                                                                     Board Policy Manual
                                                                                             DeKalb County School District




 Board Policy JCAC: Sexual Harassment of Students                                                                 Status: ADOPTED

 Original Adopted Date: 12/07/2020 | Last Reviewed Date: 12/07/2020


Sexual Harassment of Students
The intent of this policy is to comply with the Title IX federal regulations concerning sexual harassment. To the extent that
additional requirements are specified in federal law or regulations, the District shall comply with such requirements.

DEFINITIONS
Actual Notice – Notice to of sexual harassment or allegations of sexual harassment to District’s Title IX Coordinator or to any
official or employee of the District. This notice requirement is not met when the only District official with actual knowledge is
the respondent.
Advisor – person chosen by a party to assist with the complaint process.

Complainant – An individual who is alleged to be the victim of conduct that could constitute sexual harassment or retaliation
for engaging in a protected activity. If the complainant is under the age of 18, the parent or legal guardian can file a complaint
and act on behalf of the student.

Days – for the purpose of this policy means school days.

Deliberately Indifferent – means a response to sexual harassment that is clearly unreasonable in light of the known
circumstances.

Formal Complaint – A document filed by a complainant or signed by a Title IX Coordinator alleging sexual harassment against
a respondent and requesting the District conduct an investigation of the sexual harassment allegations. At the time of filing
the formal complaint, a complainant must be participating in or attempting to participate in a District education program or
activity. A formal complaint can be filed in person, by mail, or by electronic mail to the contact information listed for the Title
IX Coordinator in the District’s nondiscrimination notice posted on the District’s website. For purposes of Board Policy GAEB
and this Administrative Regulation a formal complaint must contain the complainant’s physical or digital signature, or
otherwise indicate that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a
formal complaint, the Title IX Coordinator is not the complainant or otherwise a party under this Board Policy GAEB or this
regulation. A formal complaint can be filed at any time including non-business hours, weekends or holidays.

Respondent – An individual who has a been reported to be the perpetrator of the alleged conduct that could constitute
sexual harassment or retaliation for engaging in a protected activity.
Sexual Harassment - Conduct on the basis of sex that satisfies one or more of the following:
   1. An employee of the District conditioning the provision of a District aid, benefit, or service on an individual’s
      participation in unwelcome sexual conduct; or
   2. Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it
      denies a person equal access to the District’s educational program or activity; or
   3. “Sexual assault” - an offense classified as forcible or non-forcible sex offense under the uniform crime reporting system
      of the Federal Bureau of Investigation; or
         “Dating Violence”- sex-based violence committed by a person-
          A. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
          B. where the existence of such a relationship shall be determined based on a consideration of the following factors:

                  i. The length of the relationship.
                 ii. The type of relationship.

                iii. The frequency of interaction between the persons involved in the relationship; or
      “Domestic Violence”- sex-based violence which includes felony or misdemeanor crimes of violence committed by a
      current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common,
      by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person
      similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant
      monies, or by 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 the jurisdiction; or
      “Sex-based Stalking” - engaging in a course of conduct directed at a specific person that would cause a reasonable
      person to-
         A. fear for his or her safety or the safety of others; or

          B. suffer substantial emotional distress.
School Program/Activity - This includes locations, events or circumstances where the district exercises substantial control
over the respondent and the context where the sexual harassment occurred. Schools should respond when sexual
harassment occurs in the school’s education program or activity, against a person in the United States. Title IX applies to all
District education programs or activities whether or not they occur in/on a district facility.
Supportive Measures – 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 the other party, including measures designed to protect the safety of all
parties or the District’s educational environment, or deter sexual harassment and/or retaliation. Supportive measures may
include, but are not limited to:
      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
      changes in work locations
      leaves of absence
      increased security and monitoring of certain areas of the campus
      and other similar measures (See VAWA Section 304 for additional measures that may be considered)
The District shall 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.
The District shall presume that the respondent is not responsible for the alleged conduct until a determination of
responsibility is made at the conclusion of the grievance process. The grievance process will be followed before any
imposition of disciplinary sanctions or other actions that are not supportive measures against the respondent.

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Standard of Evidence:
Preponderance of the Evidence – The evidence collected during the investigation must show it is more likely that not that the
alleged conduct occurred.

GRIEVANCE PROCESS:

Reports or complaints made to the District regarding alleged sexual harassment in violation of Title IX shall be processed in
accordance with the following process:
   1. Reports or complaints may be verbal or written and may be made at any time (including during non-business hours) in
      person, by mail, by telephone, or by electronic mail using the contact information posted on the school and/or District
      website.
   2. Any student, applicant for admission, or other person wishing to report or file a complaint alleging a violation as
   described above shall promptly notify either the principal at his/her school or the Title IX Coordinator designated and
   authorized by the District. Any employee who receives information alleging sexual harassment of a student shall report
   it to the principal or Title IX Coordinator. If the alleged offending individual is the principal, the report or complaint
   should be made by the complainant to the Title IX Coordinator.
3. The Title IX Coordinator or designee shall promptly contact the complainant to discuss the availability of supportive
   measures as defined in this policy, consider the complainant's wishes with respect to supportive measures, inform the
   complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to
   the complainant the process for filing a formal complaint. The District shall treat complainants and respondents
   equitably by following this grievance process before punishing the respondent or providing remedies to the
   complainant. Remedies will be designed to restore or preserve equal access to the District's education program or
   activity. Such remedies may include the same individualized services described as “supportive measures.” However,
   remedies need not be non-disciplinary or non-punitive and need not avoid burdening the
   respondent.
4. Formal Complaint - Upon receipt of a complaint, District will within 10 days send written notice to both parties to
   include:

      a. District’s grievance process, and
      b. Notice of the allegations potentially constituting 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
         identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment,
         and the date and location of the alleged incident, if known. The written notice shall include a statement 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. The written notice shall inform the parties that
         they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect
         and review evidence. The written notice shall inform the parties of any provision in the student code of conduct
         that prohibits knowingly making false statements or knowingly submitting false information during the grievance
         process. The notice shall describe the range of or list the possible disciplinary sanctions and remedies that the
         District may implement following any determination of responsibility.
      c. If, in the course of an investigation, the District decides to investigate allegations about the complainant or
         respondent that are not included in the notice provided pursuant to paragraph (4)(B), the District shall provide
         notice of the additional allegations to the parties whose identities are known.
5. Dismissal of a Formal Complaint
   The District shall investigate all allegations in the formal complaint. The District will dismiss allegations of conduct that
   do not meet the definition of sexual harassment or did not occur in a district education program or activity, or against a
   person in the United States. This dismissal will only apply to Title IX allegations. Such dismissal does not prohibit the
   District from addressing allegations under another provision of the District’s policies.

   The District, may also dismiss a formal complaint if:
      a. the complainant informs a Title IX Coordinator in writing of their wish to withdraw the formal complaint or any
         allegations therein;
      b. the respondent is no longer employed by the District; or
      c. there are circumstances preventing the District from gathering sufficient evidence to reach a determination
         regarding the allegations.
  The District will simultaneously provide parties with a written notice of dismissal including the reasons for the dismissal.
6. Consolidation of Formal Complaints

   The District 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, or by one party against the other
   party, where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance
   process involves more than one complainant or more than one respondent, references to the singular
   “party,” “complainant,” or “respondent” include the plural, as applicable.
7. Investigation of a Formal Complaint
   After providing written notice to the parties of the receipt of a formal complaint, the District shall have 30 days to
  investigate. When investigating a formal                complaint, and throughout the grievance process, the District
  shall
     a. Assume the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding
        responsibility and not place such burdens on the parties provided that the District cannot access, consider,
        disclose, or otherwise use a party's 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, unless the District obtains that party's voluntary, written consent to do
        so;
     b. Provide both parties with an equal opportunity to present fact and expert witnesses and other inculpatory and
        exculpatory evidence, and an opportunity to fully review and respond to all evidence on the record;
     c. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present
        relevant evidence;
     d. Provide the parties with the same opportunities to have others present during any grievance proceeding,
        including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their
        choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for
        either the complainant or respondent in any meeting or grievance proceeding; however, the District may
        establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the
        restrictions apply equally to both parties;
     e. Send written notice of investigative interviews, meetings or hearings to the parties when their participation is
        expected including the date, time, location, participants, and the purpose of all investigative interviews or other
        meetings, with sufficient time for the party to prepare to participate;
      f. Provide parties, and their advisors, an opportunity to inspect and review any non-privileged evidence directly
         relating to the allegations, including the evidence which the District does not intend to rely in reaching a
         determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party
         or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the
         investigation. Prior to completion of the investigative report, the District shall send to each party and the party's
         advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties
         should have at least 10 days to inspect, review, and submit a written response to evidence, which the
         investigator will consider prior to completion of the investigative report.
     g. District will send parties, and their advisors, an investigative report that fairly summarizes relevant evidence, in
        electronic or hard format, with at least 10 business days for the parties to respond. The parties may elect to
        waive the full 10 days. District may elect to respond in writing in the investigation report to the parties’
        submitted responses and/or to share the responses between the parties for additional responses. Relevant
        elements of the parties’ written responses may be incorporated into the final investigation report, as well as any
        additional relevant evidence and necessary revisions. Rationales for any changes made after the review and
        comment period will be documented.
     h. Students shall cooperate with the investigation. Failure to do so may result in disciplinary action in accordance
        with the Student Code of Conduct.

        If at any point in the investigation of reported sexual harassment of a student, the investigator determines that
        the reported harassment should more properly be termed abuse, the reported incident or situation shall be
        referred pursuant to the District protocol for child abuse investigation. Reported sexual harassment determined
        not to be sexual harassment as defined under Title IX may be investigated in accordance with Student Code of
        Conduct.
8. Questions
  After the District has sent the investigative report to the parties and before reaching a determination regarding
  responsibility, the decision-maker(s) shall afford a 10 day period for each party to have 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. 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. The District shall 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 waived the privilege. The decision-
       maker(s) shall explain to the party proposing the questions any decision to exclude a question as not relevant.
   9. Determination Regarding Responsibility - The decision maker, who cannot be the same person(s) as the Title IX
      Coordinator or investigator(s), shall, issue a written determination regarding responsibility within 10 days of the
      conclusion of the question and answer period. To reach this determination, the District shall apply the preponderance
      of the evidence standard to formal complaints against students, to formal complaints against employees and to all
      complaints of sexual harassment. The written determination shall include:

          a. Identification of all allegations potentially constituting sexual harassment as defined in this regulation;
          b. A description of the procedural steps taken from receipt of the formal complaint through the determination,
             including any notifications to the parties, interviews with the parties and witnesses, site visits, and methods used
             to gather other evidence;
           c. Findings of fact and conclusions about whether the alleged sexual harassment occurred; and
          d. The rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent and what,
             if any, remedies will be provided to the complainant.
           This information will be sent simultaneously to both parties along with the appeal process. The Title IX
Coordinator is responsible for the effective implementation of any remedies.
  10. APPEALS PROCESS:
      Appeals of the written determination or of a dismissal can be made by either party within 10 days after the decision on
the following bases:
          1. A procedural issue that affected the outcome;
          2. Newly discovered information or evidence that was not reasonably available at the time the determination
             regarding responsibility or dismissal was made, that could affect the outcome, or
          3. Title IX Coordinator(s), investigator(s), or decision-maker(s) had a conflict of interest or bias that affected the
             outcome.
             As to all appeals, the District shall:
                  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(s) for the appeal is not the same person as the decision-maker(s) that
                    reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX
                    Coordinator;

                  c. Ensure that the decision-maker(s) for the appeal complies with the training standards set forth in this
                     policy;
                 d. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or
                    challenging, the outcome;

                  e. Issue a written decision describing the result of the appeal and the rationale for the result; and

                  f. Provide the written decision simultaneously to both parties within 10 days of the receipt of appeal.
INFORMAL RESOLUTION

The informal resolution process allows the District the discretion to offer and facilitate an informal resolution process such as
mediation or restorative justice so long as the parties provide voluntary, informed written consent to attempt informal
resolution. Parties can only engage in the informal resolution process when a formal complaint is filed. The District cannot
require parties to engage in the informal resolution process. Parties can withdraw the informal resolution process, and resume
the investigation process regarding the formal complaint, at any time prior to reaching a resolution.

Informal resolution is unavailable for allegations of employee on student sexual harassment.

Prior to informal resolution, the District will:
   1. Provide to the parties a written notice disclosing: The allegations, the requirements of the informal resolution process
      including the circumstances under which it precludes the parties from resuming a formal complaint arising from the
      same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to
      withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint,
      and any consequences resulting from participating in the informal resolution process, including the records that will be
      maintained or could be shared;

   2. Obtain the parties' voluntary, written consent to the informal resolution process.
RECORDKEEPING
   1. The District shall maintain for a period of seven years records of—
          A. Each sexual harassment investigation including any determination regarding responsibility, any disciplinary
             sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or
             preserve equal access to the District's education program or activity;

          B. Any appeal and the result therefrom;

          C. Any informal resolution and the result therefrom; and

          D. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an
             informal resolution process. The District shall make these training materials publicly available on its website, or if
             the District does not maintain a website, shall make these materials available upon request for inspection by
             members of the public.

                  i. For each response required under the District’s process for responding to a sexual harassment formal
                     complaint, the District shall create, and maintain for a period of seven years, records of any actions,
                     including any supportive measures, taken in response to a report or formal complaint of sexual
                     harassment. In each instance, the District shall document the basis for its conclusion that its response was
                     not deliberately indifferent, and document that it has taken measures designed to restore or preserve
                     equal access to the District's education program or activity. If the District does not provide a complainant
                     with supportive measures, then the District shall document the reasons why such a response was not
                     clearly unreasonable in light of the known circumstances. The documentation of certain bases or
                     measures does not limit the District in the future from providing additional explanations or detailing
                     additional measures taken.
CONFIDENTIALITY:

The District shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination,
including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any
individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may
be permitted by federal or state law or regulations, or to carry out a Title IX proceeding, including the conduct of any
investigation, hearing, or judicial proceeding arising thereunder.

RETALIATION PROHIBITED:
Parties exercising their rights under Title IX are engaging in protected activity. Retaliation is strictly prohibited. No school or
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 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 Title IX.

Charging a party with code of conduct violations not involving sexual harassment but arising out of the same facts or
circumstances reported in the formal complaint, for the purpose of interfering with any right or privilege secured by Title IX,
constitutes retaliation.

Complaints alleging retaliation may be filed according to grievance procedures specified in the Code of Student Conduct.

The exercise of rights protected under the First Amendment does not constitute retaliation.
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 does not constitute retaliation, provided however that a determination regarding responsibility, alone, is
not sufficient to conclude that any party made a materially false statement in bad faith.
Retaliation allegations should be reported to the Title IX Coordinator at the school level for student investigations.

TIME FRAME:

The District shall allow for the temporary delay of the grievance process or the limited extension of time frames for good
cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action.
Good cause may include 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.

NOTICE:

The District is required by Title IX and its implementing regulations to notify employees, students, parents or legal guardians,
applicants for admission and employment, and professional organizations holding professional agreements with the District
that the District does not discriminate on the basis of sex in the operation of its education programs or activities, including
admissions and employment.
Contact information for the District’s Title IX Coordinator is located on its website and in all handbooks or catalogs that the
District makes available to employees, students, parents or legal guardians, applicants for admission and employment, and
professional organizations holding professional agreements with the District.

Inquiries about Title IX and its implementing regulations may be referred to the District’s Title IX Coordinator, to the Assistant
Secretary of the U.S. Department of Education, or both.

Supporting Links
FIRST READ ~ Amendment to the Bylaws & Policies: Proposed Board Policy JCAC, Sexual Harassment of Students -
https://simbli.eboardsolutions.com/SB_Meetings/ViewMeeting.aspx?S=4054&MID=88982