Policy #413 — Student Sexual Nondiscrimination
The District is committed to maintaining an education environment that is free from discrimination based on sex, including sexual harassment. The District prohibits sexual harassment that occurs within its education programs or activities. When the District has actual knowledge of such incidents, the District shall promptly respond in a manner that is not deliberately indifferent.
Pursuant to the requirements of Title IX, the District will take appropriate disciplinary action against any student or staff member determined to be responsible for violating this Policy.
This Policy applies to sexual harassment that occurs within the District’s education programs and activities and that is committed by a District staff member, student, third-party vendor or contractor, guest, or other members of the school community.
This Policy does not apply to sexual harassment that occurs outside the scope of the District’s education programs and activities. This policy does not apply to sexual harassment that occurs outside the geographic boundaries of the United States, even if the sexual harassment occurs in the District’s education programs or activities.
Rule #413 Student Sexual Nondiscrimination Complaint Procedure
The definitions, requirements, and procedures contained in this Rule shall apply to all incidents of sexual discrimination or harassment covered under Policy #413.
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
“Education program or activity” refers to all operations of the District over which the District exercises substantial control, including in-person and online educational instruction, employment, extra-curricular activities, athletics, performances, and community engagement, and outreach programs. The term applies to all activity that occurs on school grounds or on other property owned or occupied by the District. It also includes events and circumstances that take place off school property/grounds if the District exercises substantial control over both the respondent and the context in which the sexual harassment occurs.
“Formal Complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment.
“Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator, or any District official who has authority to institute corrective measures on behalf of the District, or any District employee. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the District. “Notice” includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator. This standard is not met when the only District official with actual knowledge is the respondent. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge.
“Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
- A District staff member conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
- Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature that is 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
- “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
“Supportive Measures” means individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.
“Title IX Coordinator” means the designated individual who shall be responsible for implementing and facilitating compliance with the Title IX sexual harassment laws and guidelines.