All Personnel – Title IX Sexual Harassment Employee Complaint Procedures

San Francisco Unified School District and County Office of Education

Administrative Regulation 4034.1

All Personnel 

Title IX Sexual Harassment Employee Complaint Procedure 
 

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

 

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a District employee, while in an education program or activity in which a District school exercises substantial control over the context and Respondent, was subjected to one or more of the following forms of sexual harassment:

1. A District employee conditioning the provision of a District aid, benefit, or service on a person’s participation in unwelcome sexual conduct. 
2. 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 District’s education program or activity.  
3. Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291.

Applicability of Other District Policies

For a complaint governed by Title IX based on conduct that occurred, in whole or in part, between August 1, 2024, and January 9, 2025, or prior to August 14, 2020, the Title IX Coordinator shall consult with District legal counsel to determine which procedures to use.  

Allegations of sexually harassing conduct brought by or against employees that do not rise to the level of sexual harassment as defined by Title IX and in Board Policy 4034 shall be investigated and resolved in accordance with Administrative Regulation 4030 – Nondiscrimination in Employment or other District policies as appropriate. The determination over which process shall be used to investigate and resolve a complaint shall be made by the District’s Title IX Coordinator. 

 

Definitions

 

Formal Title IX Complaint: A document filed by a Complainant alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment. The Title IX Coordinator may also file a formal complaint on behalf of any student or employee. 

 

Sexual Harassment: The Title IX regulations define sexual harassment as conduct on the basis of sex that satisfies one of more of the following:

1. An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to 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. 1229(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).

Conduct that does not fit into the above definition of sexual harassment under Title IX will be investigated under the appropriate board policy. 

Sexual Assault: A sexual act directed against another person done without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes the following conduct:

1. Rape: 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 consent of the victim. 
2. Fondling: The touching of private body parts of another person for the purpose of sexual gratification, without consent of the victim.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: Violence committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim.

Domestic Violence: A crime of violence committed by a person who is:

1. A current or former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. A person similarly situated to a spouse of the victim under the domestic or family violence laws where the violence occurred; or
5. By any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws where the violence occurred.

 

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety/the safety of others, or suffer substantial emotional distress.
 

Consent: Consent is defined as knowing, voluntary permission through words or actions to engage in sexual activity.  Individuals may perceive and experience the same interaction in different ways.  Therefore it is the responsibility of all parties to determine that the other has consented before engaging in the activity.  Consent is evaluated from the perspective of what a reasonable person of the same age in the same situation would understand as permission, including the context in which the alleged misconduct occurred and any previous patterns that may be relevant.  Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated.  If consent is withdrawn, sexual conduct should cease.  Silence or the absence of resistance alone should not be interpreted as consent, however, while resistance is not required or necessary, it is a clear demonstration of non-consent.  Consent cannot be given by someone who is known, or should have been known to be, mentally, or physically incapacitated. 

Education Program or Activity: District jurisdiction in Title IX matters includes locations, events, or circumstances in which the District has exercised substantial control over both the Respondent and the context in which the sexual harassment occurred. Some, but not all activities, that are not within the scope of the District’s education program or activity are: student or family-hosted events; transportation to/from school not on school-provided transit; and incidents that occur before or after school while off campus.
 

Supportive Measures: Non-disciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent in order to preserve or restore equal access to the educational program or services. Supportive measures must be offered as appropriate and reasonably available to both parties. Supportive measures cannot unreasonably benefit or punish any individual.  All supportive measures will remain confidential to the extent that doing so will not impair the District’s ability to implement supports.

 

Informal Resolution: Voluntary processes, such as mediation or restorative actions, that may present a way of resolving sexual harassment allegations outside the formal complaint process. Informal resolution may be offered only after a formal complaint has been filed and the parties understand what the grievance process entails and can decide whether to voluntarily attempt informal resolution as an alternative.

Roles

District Title IX Coordinator: The District designates the Title IX Coordinator as the responsible employee to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to coordinate the investigation and resolution of sexual harassment complaints outlined in this administrative regulation and in BP 4034. The Title IX Coordinator may be contacted at:

Eva Kellogg

Office of Equity/Title IX Coordinator

555 Franklin Street, 3rd Floor

Telephone: (415) 355-7334

Email: Equity@sfusd.edu 

 

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment, as defined by Title IX and this policy.

Respondent: An individual who has been reported to have performed conduct that could constitute sexual harassment, as defined by Title IX and Board Policy 4034.

 

Initial Evaluator: The individual responsible for receiving the initial report or complaint. The initial evaluator may be school site personnel or District staff. During the initial evaluation, this individual shall:

• Inform the Complainant of the availability of supportive measures;
• 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;
• Explain to the Complainant the process for filing a formal complaint and the formal grievance procedures; and
• Review the formal complaint, if filed, and consult with the District Title IX Coordinator to determine the appropriate board policy for investigation and follow up.

 Additionally, the Initial Evaluator may:

• Inform the Complainant’s parent/guardian of the allegations, if applicable. 
• Notify the Respondent and the Respondent’s parent/guardian, if applicable, of the allegations.
• Inform the Respondent of the availability of supportive measures.
• File mandated reports as required by California Ed Code and SFUSD Board Policy.

 

Investigator: An impartial, unbiased individual responsible for gathering evidence related to the allegations. The investigator will create an investigative report which shall summarize the relevant evidence. The report shall be shared with the Complainant and Respondent and submitted to the Decision-Maker for consideration.
 

Decision-Maker: The individual responsible for evaluating all relevant evidence in order to make a determination regarding the formal complaint. The Decision-Maker is responsible for issuing a written determination of findings to the parties. The Decision-Maker cannot be the Title IX Coordinator or Investigator.

 

Informal Resolution Facilitator:  The individual responsible for gathering input from all Parties in order to draft an Informal Resolution Agreement.  The Informal Resolution Facilitator will present the draft agreement to all Parties and allow them an equal opportunity to comment before the agreement is finalized. 

 

Title IX Appeal Officer: The individual responsible for evaluating any submitted appeals of the dismissal or final determination of a formal complaint. The Title IX Appeal Officer may not be the Investigator, Decision-Maker, or Title IX Coordinator.

Any individual designated as a Title IX Coordinator, Investigator, Decision-Maker, or Informal Resolution facilitator shall not have any conflict of interest or bias for or against Complainants or Respondents generally or individually. 

The District will ensure that all persons serving as Title IX Coordinator, Investigator, Decision-Maker, and/or Informal Resolution Facilitator receives training on:

• The definition of sexual harassment
• The scope of the District’s education program or activity
• How to conduct an investigation and complaint process
• How to serve impartially, including avoiding prejudgment of facts, conflicts of interest, and bias
• How to use any technology that will be used throughout grievance proceedings 
• How to address issues of relevance
• How to create an investigative report that fairly summarizes relevant evidence and information

All materials used to train Title IX Coordinators, Investigators, and Decision-Makers, and Informal Resolution Facilitators will not rely upon sex stereotypes and will promote impartial investigations. 

Reporting Sexual Harassment

Any person may report sex discrimination, including sexual harassment, at any time in person, by mail, by telephone or by email using the contact information listed below for the Title IX Coordinator.  Reports may also be filed with any SFUSD school’s administration team.  If a District employee becomes aware of a potential Title IX violation, they are responsible for notifying their school site administrator or District Title IX Coordinator.  Regardless of who has made the report, any person who has been the victim of alleged sexual harassment that meets the criteria under Title IX will promptly be contacted by the Title IX Coordinator or designee and will be informed of their right under Title IX to file a formal complaint and the process to do so. 

Any time sex discrimination and/or sexual harassment is reported to the school’s administration and/or Title IX Site Officer, the school principal or designee will:

• Inform the Complainant of the availability of supportive measures with or without filing a formal complaint and consider the Complainant’s wishes with respect to supportive measures;
• Explain Title IX proceedings and rights to the Complainant; and 
• Notify the Complainant of the process for filing a formal complaint, if they choose.

All formal complaints will be reviewed by the District’s Title IX Coordinator to determine if the conduct is within the District’s jurisdiction and if it meets the criteria for sexual harassment under Title IX.  Complaints that meet this criteria shall be investigated and resolved in accordance with law and District procedures specified within Board Policy 4034 and in these Administrative Regulations.

Filing a Formal Complaint

Any employee who is the alleged victim of sexual harassment that may violate Board Policy 4034 may file a written, formal complaint. A written formal complaint shall be signed by either physical or digital signature and shall be presented using the contact information in these regulations to the District Title IX Coordinator, who shall maintain a log of all complaints received. A formal complaint may be filed in person, by mail, or by email with the District Title IX Coordinator. The complaint may also be submitted to your school site administrator or Title IX Site Officer. Any administrator who receives a formal complaint is required to promptly provide the complaint to the District Title IX Coordinator. 

Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator may also file a formal Title IX complaint if the circumstances warrant an investigation and all other circumstances and jurisdictional requirements are met, including consideration of the best interests of the Complainant and the Complainant’s wishes regarding how the District responds to the report.  In addition, the Title IX Coordinator may file a formal complaint in other situations as permitted under the Title IX regulations, including as part of the District’s obligation under other applicable policies, regulations, or laws. In such cases, all the procedural protections outlined in this administrative regulation shall apply.  

If a Complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in filing the complaint.

Upon receipt of a formal complaint, the Title IX Coordinator will evaluate the complaint as filed and gather additional information as needed to determine if it meets the criteria under Title IX.  The filing of a signed formal complaint will trigger the formal complaint procedures outlined below.

All complaints shall be evaluated in accordance with the following:

1. The allegations in the report, if validated through the preponderance of relevant and available evidence, constitutes sexual harassment under federal Title IX regulations and Board policy; and
2. At the time of filing, the Complainant must be participating in or attempting to participate in an education program or activity provided by the District; and
3. The alleged sexual harassment occurred within the District’s jurisdiction as defined by federal Title IX policy, which specifies that the incident must have occurred in the United States and on school grounds and/or within the District’s education programs or activities, and  
4. The formal complaint must be made in writing and include the Complainant’s physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint.

There is no statute of limitations for the filing of Title IX Complaints as long as the Complainant is enrolled or seeking employment in the District.

The District may consolidate formal complaints in the event that allegations of sexual harassment are made against one or more Respondent by the same Complainant, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.  

With or without a formal complaint, the District will respond promptly in a manner that is not deliberately indifferent to any reports or actual knowledge of sexual harassment within the educational program against a person in the United States.  The District will treat all Complainants and Respondents equitably by offering supportive measures to all parties, presuming that the Respondent is not responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process, and following a complaint process that complies with 34 CFR 106.45 before the imposition of any disciplinary or punitive actions.

Any complaint that does not meet the criteria for sexual harassment under Title IX or that regards conduct that occurred outside of the District’s educational program or activity will be referred for investigation and follow-up under the appropriate District policy.

 

Formal Complaint Procedure

Any complaint that is formally filed with the Office of Equity shall be addressed in the manner described below.  For purposes of the formal complaint, the individual who is alleged to be the victim of sexual harassment will be referred to as the “Complainant” and the individual who has been accused of sexual harassment will be referred to as the “Respondent.”  Respondents are considered “not responsible” for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process outlined below. 

Upon receipt of any formal complaint that meets the federal criteria for a Title IX violation, the District will conduct a prompt and equitable investigation into the allegations and render a determination with regard to those allegations in compliance with 34 CFR 106.45, Board Policy 5145.7, and with the procedures detailed in this Administrative Regulation. 

Supportive Measures

When an incident of sexual harassment is reported, the employee’s supervisor, in consultation with the Title IX Coordinator, shall take immediate action to stop the harassment, protect students and/or staff, and preserve students and/or employees’ access to the District program or activity.  The Title IX Coordinator or designee shall promptly contact the Parties to discuss supportive measures. Supportive measures are nondisciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent. A formal complaint need not be filed to receive supportive measures. 

The supervisor, in consultation with the Title IX Coordinator, shall promptly contact all Parties to discuss the availability of supportive measures.  Supportive measures shall be offered as appropriate, as reasonably available, and after consideration of the Complainant’s wishes.  To the extent possible, such supportive measures shall not disadvantage the Complainant or victim of the alleged harassment nor should they unreasonably burden the Respondent.  

Supportive measures for employees may include, but are not limited to: 

• access to the Employee Assistance Program (EAP), 
• extensions of deadlines, 
• Modifications of work schedules
• Mutual restrictions on contact
• Changes in work locations
• Leaves of absence
• Increased security and/or monitoring of certain areas of the campus (34 CFR 106.30, 106.44) 

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 District’s ability to provide the supportive measures. (34 CFR 106.30) 

If a District employee is the Respondent, the employee may be placed on administrative leave during the pendency of the formal complaint process.  If a student is the Respondent, the District may remove the student from the District’s education program or activity on an emergency basis, provided that the District conducts an individualized safety and risk analysis, determines that removal is justified due to immediate threat to the physical health or safety of any student or other individual arising from the allegations, and provides the student with notice and an opportunity to challenge the decision immediately following the removal.  Any such removal may not constitute discipline for student record purposes.  Additionally, this authority to remove a student does not modify a student’s rights under the Individuals with Disabilities Act or Section 504 of the Rehabilitation Act of 1973. 

As appropriate, supportive measures shall be considered when the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

 

Notice of Investigation and Allegations

 

If a formal complaint is filed, the District Title IX Coordinator shall issue a written notice of Investigation and Allegations simultaneously to all Parties. This notice shall include:

• Information about the District’s complaint process, including any informal resolution processes.
• The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity 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. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, new Title IX allegations arise, the Title IX Coordinator shall provide written notice of the additional allegations.
• A statement that the Respondent is presumed not responsible for the alleged conduct, and that determination regarding responsibility is made at the conclusion of the investigation process.
• The opportunity for Parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.
• The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.
• The ability for either party to, at any time, notify the Title IX Coordinator should they have concerns regarding conflict of interest or bias regarding any of the persons involved.

Investigation Procedures

The District, and not any party, maintains the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.  An Investigator will be assigned the task of gathering evidence related to the allegations. The investigation may include interviewing the parties or witnesses, as well as reviewing relevant evidence. All parties will have equal opportunity to present witnesses and any evidence related to the allegations.  

All parties will have the same opportunity to have others present during any complaint proceeding, including the opportunity to be accompanied by their Title IX Advisor. However, the District maintains the right to establish restrictions regarding who may be present at any related proceedings and the extent to which any advisor may participate in proceedings. 

The Investigator shall:

• Provide notice of all investigative interviews or other meetings to any individual whose participation is invited or expected, with sufficient time for the Party to prepare to participate. Notice shall include the date, time, location, participants, and purpose of the meeting.
• Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. 
• Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
• Provide the parties with the same opportunities to have others present, including but not limited to an advisor of the party’s choice, during any complaint proceedings, though the District may establish restrictions that apply equally to both parties.
• 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. 
• Summarize all relevant evidence and information in a written investigative report that shall include any evidence that is directly related to the allegations raised in the formal complaint, including evidence the District does not intend to rely upon when reaching a determination of responsibility.  
• Simultaneously provide the draft investigation report to both parties and their advisors at least ten (10) days prior to the conclusion of the investigation.  Both parties and their advisors shall have an equal opportunity to inspect and review the draft investigation report and submit a written response prior to the finalization of the report and its referral to the Decision-Maker.  The Investigator will review any written response to the draft investigation report and incorporate the information and evidence therein as appropriate. 
• Objectively evaluate all relevant evidence and determine credibility in a manner that is not based on a person’s status as Complainant, Respondent, or Witness.

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence 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. 

Privacy rights of all parties shall be maintained in accordance with applicable state and federal laws. 

If the complaint is against an employee, rights conferred under an applicable collective bargaining agreement shall be applied to the extent they do not conflict with the Title IX requirements. 

 

Determination

A Decision-Maker will be designated to determine responsibility for the alleged conduct.  The Decision-Maker cannot be the same person as the Title IX Coordinator or the Investigator.  After the investigative report has been sent to the Parties but before reaching a determination regarding responsibility, the Decision-Maker shall afford each Party the opportunity to submit written, relevant questions that the 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.  Any responses will be submitted to the Decision-Maker to evaluate as appropriate.  

The Decision-Maker will carefully review all relevant evidence, including both inculpatory and exculpatory evidence, and provide that credibility determinations are not based on a person’s status as Complainant, Respondent, or witness. Using the “preponderance of evidence” standard, the Decision-Maker will arrive at a determination as to whether there is enough evidence to state that it is more likely than not that the sexual harassment occurred as alleged. 

The Decision-Maker shall simultaneously issue to both Parties, a written determination as to whether the Respondent is responsible for the alleged conduct. 

The written determination shall include:

• The allegations potentially constitute sexual harassment as defined in this administrative regulation and 34 CFR 106.30;
• A description of the procedural steps taken from receipt of the formal complaint through the written decision;
• Findings of fact supporting the determination;
• Conclusions regarding the violation of District policy;
• A statement of and rationale for the result as to each allegation, including a decision regarding responsibility;
• Any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the District’s educational program or activity will be provided; and
• The District’s procedures and permissible bases for appeal.

The determination regarding responsibility becomes final either on the date the District provides the parties with the written determination or, if an appeal is filed, on the date the District provides parties with the written determination of the appeal. 

The Title IX Coordinator shall be responsible for coordinating an effective implementation of any remedies outlined by the Decision-Maker.

 

Appeals 

A Party may appeal the final determination or dismissal of a complaint within five (5) business days of the issuance of the written determination on the following bases:

• The Party believes that a procedural irregularity affected the outcome,
• New evidence is available that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome, or
• A conflict of interest or bias by the Title IX Coordinator, investigator, and/or decision-maker affected the outcome.

Upon receipt of an appeal, the District shall:

• Notify the other Party in writing when an appeal is filed, and implement appeal procedures equally for both Parties;
• Ensure that the Decision-Maker for the appeal is trained in accordance with 34 CFR 106.45 and is not the same Decision-Maker who reached the determination regarding responsibility or dismissal, the Investigator, or the Title IX Coordinator;
• Give both Parties a reasonable, equal opportunity to submit a written statement in support of, or challenging the outcome;
• Issue a written decision describing the result of the appeal and the rationale for the result; and
• Provide the written decision simultaneously to both Parties.

Any appeal should be filed in writing and state the grounds for the appeal, including any relevant documentation in support of the appeal.  

The Title IX Appeal officer will issue a written decision describing the result of the appeal and the basis for that finding. The appeal decision will be issued by the Title IX Appeal Officer within 30 business days of receipt of the initial appeal. 

The District’s decision may be further appealed by either party to the U.S. Department of Education’s Office for Civil Rights within 180 days of the date of the most recently alleged misconduct. to the California Department of Education within thirty (30) days of the written decision. 

 

Timeframes

The formal grievance procedure shall be completed within a reasonably prompt timeframe after the submission of a formal complaint. Every effort will be made to complete all procedures, including for filing and resolving appeals and for any informal resolution process, within ninety (90) business days, however this timeframe may extend beyond 90 days for good cause. Good cause may include, but are not limited to, the following considerations: school being out of session; absence of a party or witnesses; delay in scheduling interviews; delays necessary for the adequate translation of any written materials; and/or concurrent law enforcement or other agency activity. In the event of a temporary delay, any Complainant or Respondent will be notified in writing of the extension and the reasons for the action.  Any party may request an informal status report in writing to the Title IX Coordinator at any time throughout the investigation.

 

Dismissal of a Formal Complaint

The District must investigate the allegations in any formal complaint of sexual harassment that is submitted to the Office of Equity unless:

• the conduct alleged in the formal complaint would not constitute sexual harassment as defined in Board Policy 4034,
• the conduct did not occur in direct relationship to a District education program or activity, or did not occur against a person in the United States, and/or
• the Complainant and/or Respondent is no longer enrolled or seeking enrollment in the District. 

Any complaint that meets one of the criteria above shall be dismissed. 

The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint, if the Respondent is no longer enrolled or employed by the District, or if circumstances prevent the District from gathering evidence sufficient to reach a determination.

Upon dismissal of a complaint, the Title IX Coordinator shall promptly send written notice of the dismissal and the reasons for dismissal simultaneously to the Parties, and shall inform them of their right to appeal the dismissal in accordance with the appeal procedures described in this administrative regulation. 

The dismissal of a formal complaint does not preclude action under another provision of District policy. Incidents that do not rise to the level of sexual harassment as defined in this administrative regulation and Board Policy 4034 may still be addressed in accordance with Administrative Regulation 4030 – Nondiscrimination in Employment or another appropriate District policy.

 

Informal Resolution

Informal resolution processes may include, but are not limited to facilitated mediation and restorative actions.  The Complainant may, at any time during the proceedings prior to reaching a determination of responsibility, request that informal resolution processes be utilized in lieu of completion of formal complaint procedures. 

For an informal resolution to take place, both parties must provide voluntary, written consent to participate in informal resolution processes.  The District shall not require a Party to participate in the informal resolution process or to waive the right to an investigation and adjudication of a formal complaint, including that the District shall not require such waiver as a condition of enrollment, employment, or continuing employment. 

As part of an informal resolution, Parties may agree upon discipline without the need for an investigation, if deemed appropriate by the informal resolution facilitator and the District Title IX Coordinator. 

During an informal resolution, the following procedures shall apply:

1. All Parties will receive written notice of the allegations, including the requirements of the informal resolution process, including: 
   • the circumstances under which parties are precluded from resuming a formal complaint arising from the same allegations
   • the right to withdraw from the informal resolution process and resume the formal complaint process at any time prior to agreeing to a resolution
   • Any consequences that may result from the informal resolution process, including that records will be maintained or could be shared.
2. The District shall obtain the Parties’ voluntary, written consent to the informal resolution process.
3. All Parties will receive written notice of the conclusion of the informal resolution process. 

Prior to reaching a resolution, either Party may withdraw from the informal resolution process and resume the formal complaint process.  If the complaint is determined not to meet the criteria for a Title IX violation, all involved Parties may agree to participate in an informal resolution process rather than proceeding to seek formal investigation and resolution through another Board policy.  

As a condition of engaging in Informal Resolution, Parties shall agree that statements made, or evidence shared, during the Informal Resolution process will not be considered during any subsequent Formal Complaint Procedure unless all parties consent.

Informal resolution may not be utilized to resolve allegations that an employee sexually harassed a student. 

 

Corrective/Disciplinary Actions

The District shall not impose any disciplinary sanctions or other actions against a Respondent in response to the alleged conduct in the formal complaint until the complaint procedure has been completed and a determination of responsibility has been made.

Once a complaint procedure has been completed, a determination of responsibility has been made, and an employee is found to have committed sexual harassment or retaliation, the District shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement. 

The District shall also provide remedies to the Complainant as appropriate.  Such remedies may include the same individualized services described above in the “Supportive Measures” section, but need not be nondisciplinary and nonpunitive, nor need they avoid burdening the Respondent. 

 

Non-employment Related Conduct

Any prohibited conduct that occurs outside of employment-related activities cannot be investigated under Title IX Policy. These complaints, if they have a continuing effect on or create a hostile environment for the Complainant or victim, shall be investigated by the supervisor or District personnel if applicable policies apply.

While discipline is not permitted for conduct that is not employment-related, the District may nonetheless provide supportive measures to a student or employee who reports an off-campus incident.

 

Record-Keeping 

Adequate recordkeeping will enable the District to monitor, address, and prevent repetitive harassing behavior in District schools. 

The Superintendent or designee shall maintain, for a period of 7 years, a record of:

1. All reported cases and Title IX investigations of sexual harassment, any determinations of responsibility, any audio or audiovisual recording and transcripts if applicable, any disciplinary sanctions imposed, any remedies provided to the complainant, any informal resolution agreement, and any appeal.
2. Any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment, including the District’s basis for its concluson that its response was not deliberately indifferent, the measures taken that were designed to restore or preserve equal access to the educaton program or activity, and, if no supportive measures were provided to the Complainant, the reasons that such a response was not unreasonable in light of the known circumstances.
3. All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates informal resolution processes or other related processes within the District.  The District shall make such training materials publicly available on its website. 

For complaints containing allegations of childhood sexual assault, the Superintendent or designee shall also indefinitely maintain the following:

1. A record of the allegation(s).
2. A record of the investigation procedures followed.
3. A record of the written determination.
4. A record of the corrective action implemented, if any.
5. A record of any appeals and the outcome of the same.
6. All training materials addressing the prohibition and investigation of childhood sexual assault.

 

Notice of Sexual Harassment Policies and Procedures

The following information shall be posted publicly on the District website:

1. The name and contact information for the District Title IX Coordinator, including their phone number and email address. 
2. The rights of a pupil and the public and the responsibilities of the District under Title IX, including links to those rights and responsibilities as outlined by the Office for Equal Opportunity and the U.S. Department of Education (ED) Office of Civil Rights (OCR)
3. The District’s Sexual Harassment policy, including the definition of discrimination and harassment based on sex as described in Section 230 and the rights set forth in EC 234.6(b)(3). 
4. Links to the CDE’s Title IX information
5. Information about how to file a formal Title IX Complaint, including any information regarding statute of limitations and links to the U.S. ED OCR complaints form, their contact information, and any information they provide about how a Complainant might further pursue the complaint 
6. All materials used to train the Title IX Coordinator, Investigators, Decision-Makers, and any person who facilitates an informal resolution process will be made publicly available on the District’s website.
    

In addition, a copy of the District’s sexual harassment policy and regulation, as well as a notice that the District does not discriminate on the basis of sex within the education program or activity, shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year  (Education Code 48980; 5 CCR 4917);
2. Be displayed in a prominent location in the main administrative office or other area where notices of District rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5);
3. Be posted on any District-supported social media regarding topics of sex discrimination or sexual harassment 
4. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session (Education Code 231.5);
5. Appear in any school or District publication that sets forth the school’s or District’s comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5);
6. Be included in the student handbook.
7. Be provided to employees and employee organizations; and
8. Be posted in every student bathroom or locker room on middle school and high school campuses.
9. Be provided to applicants for admission and employment, including a statement that the District’s requirement not to discriminate extends to admission and employment 

Any inquiries about the application of Title IX can be referred to the District’s Title IX Coordinator, to the Office of Civil Rights Assistant Secretary, or both.