Title IX Grievance Procedures. In collaboration with the consultant, the District will revise and implement grievance procedures (Procedures) for addressing possible incidents of sexual and gender-based harassment. The District will ensure that the Procedures provide an easily accessible and user-friendly system for the prompt and equitable resolution of complaints alleging sexual or gender-based harassment. At a minimum, the Procedures will:
a. state that the Procedures apply to complaints alleging sexual and gender-based harassment as described in the Policy referred to in Paragraph III above, by employees, students, or third parties.
b. provide instructions on how to initiate a complaint under the Procedures, such as by (1) orally reporting allegations of sexual and/or gender-based harassment to specifically identified staff at the District level (e.g., the Title IX Coordinator) or site level (e.g., Principal/Vice Principal) or (b) submitting a letter or written form describing the allegations of sexual and/or gender-based harassment at the site level or to the District. (This form may be the District’s existing Harassment/Discrimination Incident Report form.)
c. describe the District’s obligation to:
1. identify, investigate and document incidents and alleged incidents of possible sexual and gender-based harassment, including information that comes to the attention of school or District staff without a formal complaint;
2. provide for the adequate, reliable, and impartial investigation of all complaints within a reasonably prompt timeframe, including the opportunity for parties to present witnesses and other evidence. The Procedure will clarify when complaints will be handled at the school site level and when they will be handled at the District level, and clarify the specific roles of school staff, including School Resource Officers, District staff, and law enforcement in the investigation. The District will assign school site administrators or staff with appropriate knowledge and experience with responsibility for conducting the investigation. The designated individual will interview all relevant witnesses, including the alleged harasser, the student allegedly harassed and others with knowledge of the incident, and will document all interviews. The investigation will determine, based on a preponderance of the evidence, whether the alleged harassment did or did not occur; the identity of the student who engaged in the conduct; and the harm to the student subject to the harassment, ...
Title IX Grievance Procedures. By February 29, 2012, the College will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title IX’s implementing regulation at 34 C.F.R. § 106.8(b). The College will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following:
Title IX Grievance Procedures. By February 29, 2012, the College will submit to OCR for its review and comment its Title IX grievance procedures referenced in action step #4 above.
Title IX Grievance Procedures. The University currently has in place the following Title IX policy, grievance procedures and related materials: the Nondiscrimination and Anti-Harassment Policy; the Equity Complaint Process for Resolving Complaints of Harassment, Sexual Misconduct and Other Forms of Discrimination; the Sexual Harassment Policy and Procedure, which sets forth the University Hearing Board Accountability Hearings for disciplinary hearings involving complaints of sexual harassment (contained in the Student Handbook); the Student Conduct Procedures, which set forth the University’s appeal process applicable to sexual harassment complaints that reach the accountability hearing stage (contained in the Student Handbook); the Sexual Harassment Misconduct Resource Guide; and the online Nondiscrimination Resource Center. The University’s “Nondiscrimination and Anti-Harassment Policy” and its corresponding grievance procedure entitled “Equity Complaint Process for Resolving Complaints of Harassment, Sexual Misconduct and Other Forms of Discrimination” which were made effective by the University in January 2014, as currently written, include provisions for an adequate and reliable investigation of all complaints, interim measures to be taken for both parties to a sexual harassment complaint, use of a preponderance of the evidence standard, and reasonable timeframes for all the major stages of the investigation. Accordingly, the University, in revising its Title IX materials as outlined below, will retain these elements in the policy and procedure. By July 7, 2014, the University will revise the aforementioned policy procedure and related materials to ensure that they fully comply with the Title IX implementing regulation and provide for the prompt and equitable resolution of complaints filed by faculty, staff, and students and will revise, as necessary, any related publications to ensure that they are consistent. The University will submit its revised, Title IX grievance procedure(s), and any related materials, to OCR for review and approval prior to making them effective. At a minimum, the revised documents will include:
Title IX Grievance Procedures. 1. By November 28, 2014, the LCSD will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment and sexual assault), as required by Title IX’s implementing regulations at 34 C.F.R. § 106.8(b). OCR will respond no later than 60 calendar days after receiving the draft procedures. These grievance procedures may also address other types of discrimination based on classifications protected by law or LCSD board policy. The LCSD will ensure that these procedures provide for the prompt and equitable resolution of complaints alleging sex discrimination and will include, at a minimum, the following:
a. a notice that the procedures apply to complaints of sex discrimination (including sexual harassment and sexual assault) raised by employees, students, or third parties against employees, students, or third parties;
b. an explanation of how to file a complaint pursuant to the procedures;
c. the name or title, office address, and telephone number of the individual with whom to file a complaint;
d. definitions and examples of what types of actions may constitute sex discrimination (including sexual harassment and sexual assault);
e. provide for the adequate, reliable, and impartial investigation of all complaints, including the opportunity for the parties to present witnesses and other evidence;
f. provide that the preponderance of the evidence standard will be used for investigating allegations of sexual harassment or violence;
g. timeframes for the major stages of the investigation;
h. written notification to the parties of the outcome of the investigation;
i. an assurance that the LCSD will keep the complaint and investigation confidential to the extent possible;
j. an assurance that the LCSD will take steps to prevent recurrence of any discrimination, with examples of the range of possible disciplinary sanctions, and to remedy the discriminatory effects on the victim(s) and others, with examples of the types of remedies available to victims;
x. a statement that Title IX prohibits retaliation against any individual who files a complaint under Title IX or participates in a complaint investigation.
Title IX Grievance Procedures. By November 30, 2013, the District will submit to OCR for its review and approval draft Title IX grievance procedures to address complaints of sex discrimination (including sexual harassment, sexual assault, and sexual violence), as required by Title IX’s implementing regulation at 34 C.F.R. § 106.8 (b).
Title IX Grievance Procedures. 1. By May 29, 2015, the College will revise and submit to OCR for review and approval its policies and procedures regarding all forms of sex discrimination covered by Title IX, including sex-based harassment. The revised policies and procedures will include, at a minimum, the following provisions:
a. A requirement that College personnel who witness any conduct that may be sex discrimination or who receive any complaint or report that sex discrimination may have occurred or may be occurring, must promptly report the incident to their immediate superior or the College’s Title IX Coordinator. If not reported directly to the Title IX Coordinator, the superior will ensure that the Title IX Coordinator receives prompt notice of the complaint.
b. An explanation of how to report discrimination based on sex and/or how to file a complaint. This explanation will include specific information as to the correct name or title and contact information (including office and email address and telephone number) for the College employee(s) responsible for receiving and/or investigating reports of sex-based discrimination, including harassment (i.e., the Title IX Coordinator).
c. A statement that the College’s policies and procedures, including any complaint procedures, apply to behavior by employees, students, and third parties.
d. Clarification that the College’s Title IX Coordinator is the same individual as the College’s Civil Rights Coordinator, and consistent use of terms and contact information to identify this person throughout the documents, including any policies prohibiting sex discrimination, the College’s non-discrimination statement, and any complaint processes that the College will continue to publish and use to address complaints of sex discrimination.
e. If the College continues to include an informal process in the procedures, notice that the informal process is voluntary, a statement that complainants are never required to confront the individual alleged to have discriminated against before they can file a formal complaint, and a requirement that the complainant will be informed of his/her right to end the pre-complaint process at any time and access the formal grievance process.
f. A description of the College’s complaint procedures, including, at a minimum:
i. a description of the various steps the College will take to conduct adequate, reliable and impartial investigations of reported incidents,
ii. designated and prompt timeframes for each major stage of ...
Title IX Grievance Procedures. 1. The District will review and revise its Title IX grievance procedures to ensure compliance with the requirements of 34 C.F.R. § 106.45. The District shall provide OCR a copy of the revised Title IX grievance procedures and make any necessary revisions based on OCR’s review prior to adoption and publication. Once OCR approves the draft Title IX grievance procedures, the District shall formally adopt the Title IX grievance procedures and publish the updated procedures
Title IX Grievance Procedures. Action Step 3: Within 90 calendar days of the signing of this Agreement, the College will submit for OCR’s review and approval its Title IX grievance procedures (which may be combined, as appropriate, with the College’s VAWA procedures) to ensure they incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any prohibited actions under Title IX, in accordance with 34 C.F.R. § 106.8(b). As part of this process, the College will review and revise, as necessary, all complaint procedures that can be used for filing Title IX/sex discrimination complaints to ensure that there is a clear and consistent process. The College’s Title IX grievance procedures will contain, at a minimum, the following elements:
Title IX Grievance Procedures. By May 31, 2016, the College will adopt and implement the OCR-approved revised Civil Rights Complaint Procedure, attached to this Agreement as the Exhibit; publish it on its website; and include it in its student handbooks. To the extent that cost prohibits an immediate reprinting of hard copy handbooks, the College may add inserts to any existing handbooks and distribute those inserts to students until such time as the hard copy handbooks are re-published. Such distribution could take place by e-mail. The College will further review and, as appropriate, revise all of its existing policies and procedures that address discrimination on the basis of sex to ensure that they are consistent, or, to the extent necessary, withdrawn, so as to eliminate confusion for students and staff. The College will further notify staff, students, and faculty of where copies of the policies and procedures may be obtained. REPORTING REQUIREMENT: By May 31, 2016, the College will provide documentation to OCR verifying its implementation of Action Step 1 of the Agreement, including copies of the published procedure, a link to the revised procedure on the College’s website, any notices issued, and documentation confirming the revision or deletion of any conflicting policies and procedures.
