5125 - (ACAC) Prohibition of Sexual Harassment: Policy and Grievance Procedures

5125 (ACAC) Prohibition of Sexual Harassment: 5125 (ACAC)

Policy and Grievance Procedures

This policy and grievance procedure applies to all reports or complaints of sexual harassment,
whether prohibited by Title IX (“Title IX sexual harassment”) or sexual harassment
prohibited/governed by other policies or state or federal laws ("Non-Title IX sexual harassment”).
Definitions for both Title IX and Non-Title IX sexual harassment are found in Section II.C of this
policy.

Instructions for making a report of either form of sexual harassment are found in Section II.K, and
instructions for making a “Formal Complaint” initiating the Title IX investigation and determination
process are found in Section III.A. The “Title IX Grievance Process” (or sometimes simply the
“Grievance Procedure”) is Section III.

I. RESTATEMENT OF POLICY PROHIBITING DISCRIMINATION ON THE BASIS OF SEX.
Per Milford School Board Policy 2401 (AC), Title IX of the Education Amendments Act of 1972 (“Title
IX”), as well as RSA 193:38, among others, the Milford School District does not discriminate on the
basis of sex in its educational programs and activities, including employment and admissions. All
forms of sex-based discrimination, including sexual harassment, are prohibited in the District.

II. DEFINITIONS AND OTHER PROVISIONS APPLICABLE TO PROHIBITED SEXUAL
HARASSMENT.

A. Prohibited Sexual Harassment. Sexual harassment is a form of sex discrimination and is
strictly prohibited by the District. Behaviors that will often constitute prohibited sexual
harassment include:

1. Sexually suggestive remarks or jokes;
2. Verbal harassment or abuse;
3. Displaying or distributing sexually suggestive pictures, in whatever form (e.g.,
  drawings, photographs, videos, irrespective of format);
4. Sexually suggestive gesturing, including touching oneself in a sexually suggestive
  manner in front of others;
5. Harassing or sexually suggestive or offensive messages that are written or transmitted
  electronically;
6. Subtle or direct propositions for sexual favors or activities; or
7. Touching of a sexual nature or groping will always constitute a violation of school
  policies, and such touching or groping that occurs without consent (i.e., sexual
  assault) will constitute sexual harassment prohibited under Title IX.

Such behaviors are prohibited and, depending on the context, the repetition, and/or the

severity, may also violate one or more state or federal laws. The most severe,
pervasive, and offensive of these behaviors are governed by Title IX. Less severe
sexual harassment may still constitute a violation of this policy, Board Policy 2401 (AC)
and/or 5009 (JICK), as well as one or more state or federal laws, such as: Title VII of the
Civil Rights Act of 1964, RSA 193:38, RSA 354-A:1, -A:6 and -A:27. More detailed

definitions of “Title IX sexual harassment” and other prohibited sexual harassment (“non-
Title IX sexual harassment”) are set out in the definitions section in II.C, below.

While all reports of sexual harassment are to be processed in the first instance
under Section II.K.1 of this Policy, only formal complaints regarding alleged conduct
that could constitute Title IX sexual harassment are subject to the Complaint and
Grievance Procedure found in Section III, below. If the alleged conduct does not appear
to meet - or has been determined under the Title IX Grievance Procedure of Section III
not to meet - the definition of sexual harassment under Title IX, then the report will be
investigated and processed in accordance with Board Policy 2403 (ACA).

B. Application of Policy.

This Policy shall apply to all students, employees, and any third party who contracts with the
District to provide services to District students or employees, upon District property or during
any school program or activity.

Nothing in this policy will be construed to confer on any third party a right to due process or
other proceedings to which student and employee respondents are entitled under this policy
unless such right exists under law. Volunteers and visitors who engage in sexual harassment
will be directed to leave school property and/or will be reported to law enforcement, the NH
Division of Children, Youth and Families (DCYF), as appropriate. A third party under the
supervision and control of the school system will be subject to termination of
contracts/agreements, restricted from access to school property, and/or subject to other
consequences, as appropriate.

The Superintendent shall have overall responsibility for implementing this Policy, and shall
annually appoint a District Human Rights Officer/Title IX Coordinator as that position is
described in Section II.C, below. The name and contact information for the Human Rights
Officer/Title IX Coordinator is set forth in Board Policy 2401 (AC), which policy shall be
updated and disseminated annually with the Human Rights Officer/Title IX Coordinator’s
name as set forth in Board Policy 2401 (AC).

C. Definitions.

As used in this Policy and the Title IX Grievance Process, the terms below shall have the
meaning ascribed.

“Actual knowledge” occurs when the District’s Human Rights Officer/Title IX Coordinator or
ANY employee of one of the District’s schools (other than a “respondent” or alleged harasser)
receives a notice, report or information or becomes aware of sexual harassment or
allegations of sexual harassment.

“Complainant” is an individual who is alleged to be the victim of conduct that could
constitute sexual harassment, whether or not that person files a report or formal complaint.

“Days” shall mean calendar days, but shall exclude non-weekend days on which the SAU
office is closed (e.g., holidays, office-wide vacations), or any weekday during the school year
on which school is closed (e.g., snow days).

“Decision Maker” means persons tasked with: the responsibility of making initial
determinations of responsibility (at times referred to as “initial decision maker”); or the
responsibility to decide any appeal (at times “appeals decision maker”) with respect to formal
complaints of sexual harassment in accordance with the Title IX Grievance Process.

“Determination of Responsibility” is the formal finding by the decision-maker on each
allegation of Sexual Harassment contained in a Formal Complaint that the Respondent did or
did not engage in conduct constituting Sexual Harassment Under Title IX.

“Formal Complaint” means a document filed by a complainant, the complainant’s
parent/guardian, or the Human Rights Officer/Title IX Coordinator, alleging sexual
harassment against a respondent, and requesting that the district investigate the allegation of
sexual harassment.

“Human Rights Officer/Title IX Coordinator” is the person assigned to that role in the
District; contact information for this person can be found in Policy 2401 (AC). If the Human
Rights Officer/Title IX Coordinator designates another person to act as the Human Rights
Officer/Title IX Coordinator, “Human Rights Officer/Title IX Coordinator” shall refer to that
designee. Similarly, if the Human Rights Officer/Title IX Coordinator directs a Complaint to the
504/Americans with Disabilities Act (ADA) Coordinator, “Human Rights Officer/Title IX
Coordinator” as used in this policy refers to the 504/ADA Coordinator. If the report or
Complaint of alleged discrimination, harassment, or retaliation involves the Human Rights
Officer/Title IX Coordinator, “Human Rights Officer/Title IX Coordinator” shall refer to a person
assigned by the Superintendent or the Superintendent’s designee to handle the report or
Complaint.

“Respondent” is an individual who is reported to be the individual accused of conduct that
could constitute sexual harassment.

“Sexual harassment” prohibited under this policy includes sexual harassment specifically
prohibited and defined under regulations implementing Title IX (“Title IX sexual harassment”)
and other sexual harassment defined or governed by other policies, or state or federal laws
(“non-Title IX Sexual Harassment”).

The context and severity of behavior can make a difference between conduct prohibited
under Title IX, and conduct of a sexual nature that violates Board policy and/or other
statutes. The nature of the allegations will determine whether the allegations are to be
processed under provisions relating to Title IX or under Board Policy 2403 (ACA). The

Title IX Grievance Process found in Section III, below, will only be used upon the filing of
a formal complaint (discussed in Sections II.K.3 and III.A, below.

Sexual harassment under either definition may be directed against a particular person or
persons, or a group, whether of the opposite sex or the same sex.

“Title IX sexual harassment” is conduct on the basis of sex occurring in a school
system, education program or activity that constitutes one or more of the following:

1. A school district employee conditioning an aid, benefit, or service of
  an education program or activity on an individual’s participation or
  refusal to participate in sexual conduct, irrespective of whether the
  conduct is welcomed by the student or other employee;
2. Sexual assault, dating violence, domestic violence, or stalking as
  defined in state or federal law; OR
3. Unwelcome sex-based/related conduct determined by a reasonable
  person to be so severe, pervasive, AND objectively offensive that it
  effectively denies a person equal access to the education program or
  activity (this standard requires consideration of all the facts and
  circumstances, including, but not limited to, the ages and disability
  statuses of the harasser and victim and the number of individuals
  involved and their authority. (Note: conduct that meets some but not
  all the elements of this type of sexual harassment would not be Title
  IX sexual harassment, but, may, nonetheless, constitute Non-Title IX
  sexual harassment.)

Conduct that meets one or more of the above will not constitute Title IX
sexual harassment if the conduct occurred (1) outside the United
States or (2) under circumstances in which the school system did not
have substantial control over both the harasser/respondent and the
context in which the harassment occurred. The same conduct, may,
however, be addressed under Policy 2403 (ACA).

NOTE: Regarding Concurrent Enrollment and Dual Enrollment,
Extended Learning Opportunities, 3rd Party Distance Learning and
Other Alternative Instructional Programs: Under federal regulations, in
order for the District to have jurisdiction over conduct that would
otherwise meet the definition above of Title IX sexual harassment, the
District must have substantial control over both the respondent and the
context in which the harassment occurred. In general, this will mean
that unless such learning program is occurring upon district property,
conduct otherwise meeting the definition of Title IX sexual harassment
within that program, may not be subject to this policy.

“Non-Title IX sexual harassment” prohibited under this policy, Board policies
2401 (AC) and 2403 (ACA) and one or more of Title VII of the Civil Rights Act of
1964, RSA 193:38, RSA 354-A:1, -A:6 or -A:27 is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal, non-verbal, or physical
conduct of a sexual nature in the following situations:

i. Submission to such conduct is made either explicitly or implicitly a term or
condition of a student’s educational benefits, a term of an employee or
prospective employee’s employment, or any other person’s access to District
programs or activities;

ii. Submission to or rejection of such conduct is used as the basis for decisions on
educational benefits, district employment, or access to programs or facilities; or

iii. Such conduct has the purpose and effect of substantially interfering with a
student’s academic performance, an employee’s work performance, any
person’s access to district programs or facilities, OR creates an intimidating,
hostile or offensive learning or work environment.

“Supportive Measures” are free, non-disciplinary, non-punitive, individualized services
and shall be offered to the complainant, and may be offered to the respondent, as
appropriate. These measures may include, but are not limited to, the following:

1. Counseling;
2. Course modifications;
3. Schedule changes; and
4. Increased monitoring or supervision
5. District may add additional types of supportive services (non-
  punitive/disciplinary).

Supportive measures shall be designed to restore or preserve equal access to the
District’s education programs and activities without unreasonably burdening the other

party, including measures designed to protect the safety of all parties or the District’s
educational environment and/or deter sexual harassment. Supportive measures shall
remain confidential with exclusive exceptions stated and required in Section II.F, below.

D. Human Rights Officer/Title IX Coordinator.

The Human Rights Officer/Title IX Coordinator shall respond promptly to all general reports
as well as formal complaints of sexual harassment, whether the report concerns Title IX
sexual harassment or Non-Title IX sexual harassment. The Human Rights Officer/Title IX
Coordinator shall receive general and specific reports of sexual harassment and coordinate
the District’s responses to both reports and formal complaints of sexual harassment so that
the same are prompt and equitable. In addition to any other specific responsibilities assigned
under this Policy, or as assigned by the Superintendent, the Human Rights Officer/Title IX
Coordinator will be responsible for:

Meeting with a complainant, and informing the parent/guardian once the Human
Rights Officer/Title IX Coordinator becomes aware of allegations of conduct that
could constitute sexual harassment as defined in this Policy;
Identification and implementation of supportive measures;
Signing or receiving formal complaints of sexual harassment;
Engaging with the parents/guardians of parties to any formal complaint of sexual
harassment;
Coordinating with District and school-level personnel to facilitate and assure
implementation of investigations, and remedies, and helping to assure that the
District otherwise meets its obligations associated with reports and complaints of
sexual harassment;
Coordinating with the Superintendent with respect to assignment of persons to
fulfill the District’s obligations, both general and case specific, relative to this
Policy (e.g., investigator, decision makers; this may involve the retention of third-
party personnel);
Coordinating with District and school-level personnel to assure appropriate
training and professional development of employees and others in accordance
with Section II.E of this Policy; and
Helping to assure that appropriate systems are identified and maintained to
centralize sexual harassment records and data.

In cases where the Human Rights Officer/Title IX Coordinator is unavailable, including
unavailability due to a conflict of interest or other disqualifying reason (see Section II.H,
below), the Superintendent shall assure that another person with the appropriate training
and qualifications is appointed as acting Human Rights Officer/Title IX Coordinator.

E. Training.

All District employees shall receive regular training relative to mandatory reporting obligations
under this policy (see also Board Policy 2426 (GBEAB)), and any other responsibilities they
may have relative to this Policy.

Human Rights Officer/Title IX Coordinators, investigators, decision-makers, and any person
who facilitates an informal resolution process must receive training on the definition of sexual
harassment, this Policy, the scope of the District’s education program or activity, and how to
conduct an investigation (including the requirements of the reporting and the Title IX and
Human Rights Officer Grievance Process, including hearings, appeals, and information
resolution processes). The training must also include avoiding prejudgment of the facts,
conflicts of interest, and bias.

Decision-makers must also receive training on issues of relevance of questions and evidence,
including when questions about the complainant’s sexual predisposition or prior sexual
behavior are not relevant.

Investigators must receive training on issues of relevance to create an investigative report
that fairly summarizes relevant evidence.

Materials used to train Human Rights Officer/Title IX Coordinators, investigators, decision-
makers, and any person who facilitates an informal resolution process, must not rely on sex

stereotypes, must promote impartial investigations and adjudications of formal complaints of
sexual harassment, and must be made available to the public as provided in Section II.I of
this Policy.

F. Confidentiality.

The District will respect the confidentiality of the complainant and the respondent as much as
possible; however, some information may need to be disclosed to appropriate individuals or
authorities. All disclosures shall be consistent with the District’s legal obligations and the
necessity to investigate allegations of harassment and take disciplinary action. Examples of
required disclosure include:

information to either party to the extent necessary to provide the parties due
process during the Title IX Grievance Process (if allegations concern Title IX
sexual harassment, or a formal complaint has been filed instituting the Title IX
Grievance Process under Section III.A);
information to individuals who are responsible for handling the District’s
investigation and determination of responsibility to the extent necessary to
complete the District’s grievance process;
mandatory reports of child abuse or neglect to DCYF or local law enforcement
(per Board Policy 2408 (JLF));
information to the complainant’s and the respondent’s parent/guardian as
required under this Policy and or the Family Educational Rights and Privacy Act
(“FERPA”); and
reports to the New Hampshire Department of Education as required under N.H.
Code of Administrative Rules Ed 510 regarding violations of the NH Code of
Conduct for Education Professionals.

Additionally, any supportive measures offered to the complainant or the respondent shall
remain confidential to the extent that maintaining such confidentiality would not impair
the ability of the District to provide the supportive measures.

Except as specified above in this Section, the District shall keep confidential the identity
of:

i. Any individual who has made a report or complaint of sex discrimination;
ii. Any individual who has made a report or filed a formal complaint of sexual
harassment;
iii. Any complainant;
iv. Any individual who has been reported to be the perpetrator of sex discrimination;
v. Any respondent; and
vi. Any witness.

Any supportive measures provided to the complainant or respondent shall be kept
confidential to the extent that maintaining such confidentiality does not impair the ability
of the District to provide the supportive measures.

G. Retaliation Prohibited.

Retaliation against any person who makes a report or complaint, or against any person who
assists, participates, or refuses to participate in any investigation of an act alleged in this
Policy is prohibited. Actions taken in response to materially false statements made in bad
faith, or to submitting materially false information in bad faith, as part of a report or during the
Title IX Grievance Process do not constitute retaliation. A finding of responsibility alone is
insufficient to conclude that a person made a materially false statement in bad faith.
Complaints of retaliation with respect to reports or formal complaints of sexual harassment
shall be filed under the District’s general grievance process.

H. Conflict of Interest.

No person designated as a Human Rights Officer/Title IX Coordinator, investigator, decision-

maker, nor any person designated by the District to facilitate an informal resolution process,
may have a conflict of interest or bias for or against complainants or respondents generally or
an individual complainant or respondent.

I. Dissemination and Notice.

The District shall include in all student and employee handbooks, and on the District website
the following information:

The District’s policy of non-discrimination on the basis of sex (included in Board Policy
2401 (AC).
The title, name, office address, email address, and telephone number of the Human
Rights Officer/Title IX Coordinator (to be provided pursuant to Board Policy 2401 (AC)
and its addendum, updated annually);
The complaint process;
How to file a complaint of sex discrimination or sexual harassment;
How the District will respond to such a complaint; and
A statement that Title IX inquiries may be referred to the Human Rights Officer/Title IX
Coordinator or to the Assistant Secretary for Civil Rights.

The same information shall be provided to all persons seeking employment with the
District, or seeking to enroll or participate in the District’s educational programs or
activities.

Additionally, the District will make this Policy, as well as any materials used to train
personnel as required under Section II.E publicly available on the District website.

J. Records and Record Keeping.

1. For each report or formal complaint of sexual harassment, the District, through the
Human Rights Officer/Title IX Coordinator, must create, and maintain for seven (7)
years, record of:

1. Any actions, including any supportive measures,
2. The basis for the District’s conclusion that its response was not deliberately
  indifferent; and
3. Documentation which:

- - - If supportive measures were provided to the complainant, a description
      of the supportive measures taken designed to restore or preserve equal
      access to the District’s education program or activity; or
    - If no supportive measures were provided to a complainant, explains the
      reasons why such a response was not clearly unreasonable in light of
      the known circumstances.

2. In addition, the District shall maintain the following records for a minimum of seven (7)
years:

1. Records for each formal complaint of sexual harassment, including:

- - - Any determination regarding responsibility, including dismissals;
    - Any disciplinary sanctions imposed on the respondent;
    - Any remedies provided to the complainant designed to restore or
      preserve equal access to the District’s education program or activity;
    - Any appeal and the result therefrom;
    - Any informal resolution process and the result therefrom;

1. All materials used to train Human Rights Officer/Title IX Coordinators,
  investigators, and decision-makers.

K. Reports of Sexual Harassment, Formal Complaints and District Responses.

1. Report of Sexual Harassment.

NOTE: A report does not initiate the formal Title IX Grievance Process. That process
is begun only upon the filing of a formal complaint under the procedures set out in
Sections II.K.3, and III.A, below.

Any person may report sexual harassment whether relating to themself or another
person. However, if any District employee – other than the employee harasser, or the
Human Rights Officer/Title IX Coordinator – receives information of conduct which
may constitute sexual harassment under this Policy, they shall, without delay, inform
the Human Rights Officer/Title IX Coordinator of the alleged sexual harassment.
Failure to report will subject the employee to discipline up to and including dismissal.

A report of sexual harassment may be made at any time, in person, by mail, by
telephone, electronic mail, or by any other means that results in the Human Rights
Officer/Title IX Coordinator receiving the person’s verbal or written report.

Additionally, while the District strongly encourages reports of sexual harassment to be
made directly to the Human Rights Officer/Title IX Coordinator, the report may be
made to any District staff member, including, for instance, a counselor, teacher or
Principal.

If the Human Rights Officer/Title IX Coordinator is the alleged respondent, the report
or formal complaint may be made directly to the Superintendent, who shall thereafter
fulfill the functions of the Human Rights Officer/Title IX Coordinator regarding that

report/complaint, or delegate the function to another person.

NOTE: For any allegation of sexual assault on a student under the age of 18, such
conduction shall be reported immediately to the DCYF per Board Policy 2408 (JLF). If
the alleged respondent (perpetrator) is a person holding a license or credential from
the New Hampshire Department of Education (i.e., “credential holder”), then a report
shall also be made pursuant to Board Policy 2426 (GBEAB).

2. District Response to Report of Sexual Harassment.

The District will promptly respond when there is actual knowledge of sexual
harassment, even if a formal complaint has not been filed. The District shall treat
complainants and respondents equitably by providing supportive measures to the
complainant and by following the Title IX Grievance Process prior to imposing any
disciplinary sanctions or other actions that are not supportive measures against a
respondent. The Human Rights Officer/Title IX Coordinator is responsible for
coordinating the effective implementation of supportive measures.

As soon as reasonably possible after receiving a report of alleged sexual harassment
from another District employee or after receiving a report directly through any means,
the Human Rights/Title IX Coordinator shall contact the complainant to:

1. discuss the availability of and offer supportive measures;
2. consider the complainant’s wishes with respect to supportive measures;
3. inform the complainant of the availability of supportive measures with or without
  the filing of a formal complaint; and
4. explain to the complainant the process for filing a formal complaint.

3. Formal Complaints.

Pursuant to federal regulations and this Policy, a formal complaint that contains
allegations of conduct that may constitute Title IX sexual harassment and a request
that the District investigate the allegations is required before the District may conduct a
formal investigation of Title IX sexual harassment or take any action (other than
supportive measures) against a person accused of Title IX sexual harassment. Once a
formal complaint of Title IX sexual harassment is received by the Human Rights
Officer/Title IX Coordinator, they shall commence the Title IX Grievance Process set
out in Section III below. The process for filing a formal complaint is set forth in Section
III.A. If the alleged conduct does not appear to meet the definition of Title IX sexual
harassment, AND no formal complaint is filed under Section III.A, then the matter may
be processed under Board Policy 2403 (ACA).

4. Limitation on Disciplinary Action.

In no case shall the District impose disciplinary consequences or sanctions against a
respondent who has been accused of conduct which may constitute Title IX sexual
harassment, until the Title IX Grievance Process has been completed.

5. Emergency Removal and Administrative Leave.

At any point after receiving a report or formal complaint of sexual harassment, the
Human Rights Officer/ Title IX Coordinator (or other District official charged with a
specific function under this Policy or the Title IX Process: e.g., investigator, decision
maker, etc.) may request the Superintendent to direct that an individualized safety and
risk analysis be performed to determine whether a respondent student is an immediate
threat to the physical health or safety of any person. In the event that the safety and
risk analysis determines that the respondent student does present an immediate threat
to the physical health and safety of any person, the District may remove that student,
provided that such removal is in full compliance with the IDEA, a student’s IEP and or
504 plan if applicable. Such emergency removal shall not be disciplinary. However,
the District must provide the respondent with notice and an opportunity to challenge
the decision immediately following the removal, and shall continue to offer educational
programming until a final determination is made pursuant to the Title IX Grievance
Process.

6. The Human Rights Officer/Title IX Coordinator shall keep the Superintendent of
Schools informed of any employee respondents so that they can make any necessary
reports to New Hampshire Department of Education in compliance with applicable
administrative rules and the New Hampshire Code of Conduct for Educational
Professionals. In appropriate cases, the Superintendent may place an employee
respondent on non-disciplinary administrative leave pursuant to RSA 189:31.

III. TITLE IX GRIEVANCE PROCESS.

The Title IX Grievance Process is used only upon the filing of a formal complaint of sexual
harassment as described in Section III.A, below. The provisions of Sections I and II of this Policy are
incorporated as part of the Title IX Grievance Process. However, as used in this Section III, “sexual
harassment” shall only refer to “Title IX sexual harassment” unless otherwise specifically indicated.
Upon receipt of a formal complaint of sexual harassment, the Human Rights Officer/Title IX
Coordinator will coordinate the District’s efforts to comply with its responsibilities related to the Title
IX Grievance Process.

A. Process for Filing a Formal Complaint of Sexual Harassment.

The Title IX Grievance Process is initiated by way of a formal complaint (“complaint” or

“formal complaint”) filed by the complainant, the complainant’s parent/guardian, or the Human
Rights Officer/Title IX Coordinator. The complainant may file a complaint or choose not to file
a complaint and simply receive the supportive measures. If the Complainant does not file a
complaint, the Human Rights Officer/Title IX Coordinator may sign a formal complaint, but
only if initiating the grievance process against the respondent is not clearly unreasonable in
light of the known circumstances, and in other cases where, in the exercise of good judgment
and in consultation with the District’s attorney as appropriate, the Human Rights Officer/Title
IX Coordinator determines that a grievance process is necessary to comply with the
obligation not to be deliberately indifferent to known allegations of sexual harassment (e.g.,
reports of sexual assault, employee-on-student harassment, repeat reports, or the conduct in
the complainant’s report has not been adequately resolved through the provision of
supportive measures). If the complaint is filed by the Human Rights Officer/Title IX
Coordinator, he/she is not a party to the action, and the District must comply with all of the
provisions of the Title IX Grievance Process relative to respondents and complainants.

If no formal complaint is filed by the complainant or the Human Rights Officer/Title IX
Coordinator no disciplinary action may be taken against the respondent based upon conduct
that would constitute sexual harassment under this policy.

Although there is no time limit per se to filing a formal complaint, for complaints initiated by
the complainant or his/her parent/guardian, the complainant must be employed by the District
or participating in or attempting to participate in the education program or activities of the
District at the time of filing. Additionally, although the District will initiate the Title IX
Grievance Process regardless of when the formal complaint is submitted, delays in reporting
may significantly impair the ability of school officials to investigate and respond to the
allegations.

At a minimum, a formal complaint must:

1. contain the name and address of the complainant and the student’s parent or guardian
  if the complainant is a minor student;
2. describe the alleged sexual harassment,
3. request an investigation of the matter, and
4. be signed by the complainant or otherwise indicate that the complainant is the person
  filing the complaint.

The complaint may be filed with the Human Rights Officer/Title IX coordinator in person,
by mail, or by email. Discrimination/Harassment and Title IX Sexual Harassment Initial
Report complaint form may be obtained from the Human Rights Officer/Title IX
Coordinator or on the District website.

B. Initial Steps and Notice of Formal Complaint.

1. The Human Rights Officer/Title IX Coordinator will provide notice to the complainant
and the complainant’s parent/guardian (if the complainant is a non-eligible student
under FERPA), and to the respondent (if known) and the respondent’s parent/guardian
(if the respondent is a non-eligible student under FERPA), as well as to any other
known parties, of the following:

this Title IX Grievance Process, including any informal resolution process;
the allegations of sexual harassment 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” shall
include to the extent known identities of persons involved, the conduct allegedly
constituting sexual harassment, and the date and location of the incident;
a statement that the respondent is presumed not responsible for the alleged
conduct and that a determination regarding responsibility will be made at the
conclusion of the grievance process;
that each party may have an advisor of their choice, who may be, but is not
required to be, an attorney;
that each party is entitled to inspect and review evidence; and
reference to any provision in the District’s code of conduct that prohibits
knowingly making false statements or knowingly submitting false information
during the grievance process.

2. The Human Rights Officer/Title IX Coordinator will contact the complainant to discuss
and offer supportive measures.

3. The Human Rights Officer/Title IX Coordinator may contact the respondent to discuss,
and or impose, non-disciplinary supportive measures.

4. The Human Rights Officer/Title IX Coordinator will examine the allegations in the
formal complaint, to determine whether even if assumed true, the allegations are
sufficient to sustain a finding of sexual harassment under this Policy. If the Human
Rights Officer/Title IX Coordinator was not involved with preparing the formal
complaint, the Human Rights Officer/Title IX Coordinator will contact the complainant
to discuss the complaint and whether amendment is appropriate, in which case the
process of Section III.C.4 will apply.

5. If the formal complaint fails to satisfy the definition of sexual harassment in this Policy,
the complaint shall be dismissed as provided in Section III.G, below.

6. If the complaint is not dismissed, then the Human Rights Officer/Title IX Coordinator
will consult with the Superintendent as to whether the Human Rights Officer/Title IX
Coordinator should act as the investigator or whether a different District or other
employee shall act in that capacity. At the same time, the Human Rights Officer/Title
IX Coordinator and the Superintendent shall appoint the person who shall make the
initial determination of responsibility (initial decision maker). The District’s policy
contains additional language regarding appointment of decision maker. The
Superintendent, in consultation with the Human Rights Officer/Title IX Coordinator,
shall appoint an initial decision maker on a case-by-case basis. In all cases, the

investigator and the initial decision maker must be properly trained and otherwise
qualified (see Section II.E “Training”, and Section II.H “Conflict of Interest”).

7. If the report alleges sexual harassment by the Superintendent, the Human Rights
Officer/Title IX Coordinator will inform the School Board Chair and the Business
Administrator, the latter of whom shall have authority to seek guidance from the
District’s general counsel, but shall not delay the District’s response to the report as
outlined in this Policy.

C. General Provisions and Additional Definitions Relative to Title IX Grievance Process.

1. Copies and Notices. Except as specifically stated elsewhere in this Policy, for any
document, information or material required to be delivered to a party or to a person
assigned with responsibility under the Title IX Grievance Process, the manner of
transmittal may be by electronic mail, regular mail or such other manner reasonably
calculated to assure prompt delivery with evidence thereof (such as a commercial
carrier or other receipted delivery). Hand delivery will only be permitted if made to the
District official charged with the specific function under this Policy (e.g., Human Rights
Officer/Title IX Coordinator, Superintendent, investigator, decision maker(s), etc.).
Any document required to be delivered to a minor or other non-eligible student, must
also be delivered to the minor’s parent/guardian. Copies should also be sent to a
party’s advisor if the information for the advisor has been previously communicated to
the sending party. (Under federal regulations, copies of the investigative evidence, as
well as the investigative report, must be forwarded to a party’s advisor. See Sections
III.E.3, and III.E.4).

2. Risk Analysis and Emergency Removal. At any point during the Title IX Grievance
Process, the Human Rights Officer/Title IX Coordinator may arrange for an
individualized safety and risk analysis as described in Section. II.K.5, following which a
student may be removed.

3. Administrative Leave. At any point during the Title IX Grievance Process, the
Superintendent, and at his/her own discretion, and with or without consulting the
Human Rights Officer/Title IX Coordinator, may place an employee on administrative
leave pursuant to RSA 189:31.

4. Additional Allegations. If, in the course of an investigation, the District decides to
investigate allegations about the complainant or respondent that were not included in
the previous notice, the District shall simultaneously provide notice of the additional
allegations to the parties whose identities are known.

5. No Interference with Legal Privileges. At no point in process will the Human Rights
Officer/Title IX Coordinator, the investigator, any decision maker, or any other person
participating on behalf of the District, require, allow, rely upon, or otherwise use
questions or evidence that constitutes, or seeks disclosure of, information protected
under a legally recognized privilege (e.g., doctor/patient, attorney/client, clergy, etc.),
unless the person holding such privilege (parent/guardian for minor student) has

waived the privilege in writing to use the information with respect to the Title IX
Grievance Process.

6. Consolidation of Complaints. The District may consolidate formal complaints of
allegations of sexual harassment where the allegations of sexual harassment arise out
of the same facts or circumstances and the formal complaints are against more than
one respondent; or by more than one complainant against one or more respondents;
or by one party against the other party. When the District has consolidated formal
complaints so that the 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. Remedies: Range of Disciplinary Sanctions and Remedial Actions Upon Final
Determination of Responsibility.

“Disciplinary sanctions” are consequences imposed on a respondent when they
are found responsible for sexual harassment under this Policy. Remedial
actions are actions intended to restore or preserve a complainant’s equal
access to the educational programs and activities of the District.
“Disciplinary sanctions” against an employee respondent may include any
available sanction available for the discipline of employees, up to and including
dismissal or non-renewal for any other violation of Board policy, NH Code of
Conduct for Educational Professionals, applicable individual or collective
bargaining contract, or state or federal laws or regulations.
“Disciplinary sanctions” against a student may include any available discipline
or sanction, up to and including expulsion, under the policies, rules and
procedures that establish the district’s comprehensive student code of conduct.
“Remedial actions” as to a respondent after a final finding of responsibility,
whether employee or student, may include the imposition upon a responsible
respondent of any additional non-disciplinary measures appropriate to effecting
a remedy for sexual harassment, and may include such measures as no-
contact requirements, scheduling adjustments, removal or exclusion from
extracurricular activities, class reassignments, limits on future class
registrations, restrictions on access to various spaces in the school buildings,
reassignment of attendance, and similar measures fine-tuned to respond
appropriately to the circumstances surrounding a successful complainant’s right
to access the district’s program and activity.

Additional remedial actions may include recommendations that a school-wide
or system-wide response is needed in order to respond to the sexual
harassment in a way that is not clearly unreasonable under the circumstances.
In such cases, the Superintendent shall provide additional staff training,
harassment prevention programs, or such other measures as determined
appropriate to protect the safety of the educational environment and/or to deter
sexual harassment.

I. Finality of Determination of Responsibility.

The determination regarding responsibility becomes final either on the date that the recipient,
through the Superintendent, 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 of the
Initial Determination of Responsibility would no longer be considered timely. The final
determination shall be identified as the Title IX Decision.

Once the Title IX Decision is final, the District may implement remedies and disciplinary
sanctions. The Human Rights Officer/Title IX Coordinator is responsible for effective
implementation of any non-disciplinary remedies, with the assistance of building and District
administrative personnel, while disciplinary sanctions will be imposed by persons charged
with such responsibilities under other Board policies, regulations or administrative
procedures. The District may also proceed against the respondent or complainant pursuant
to the District’s applicable code of conduct or other Board policies, collective bargaining
agreement, individual contract or administrative rules/regulations/procedures. The issue of
responsibility for the conduct at issue shall not be subject to further review or appeal within
the District.

J. Informal Resolution.

At any time prior to reaching a determination regarding responsibility (but only after the filing
of a formal complaint), the District may offer an optional informal resolution process (e.g.,
mediation, arbitration), provided that the District:

1. Provides written notice to the parties disclosing:

1. The allegations of the formal complaint;
2. The requirements of the information 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 an informal final 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
3. Any consequences resulting from participating in the informal resolution
  process, including the records that will be maintained or could be shared.

2. Obtains the parties’ voluntary written consent to the informal resolution process; and
In no event may the District offer or facilitate an informal resolution process to resolve
allegations that an employee sexually harassed a student.

NH Statutes	Description
RSA 193:38	Discrimination in Public Schools
RSA 354-A:1	(Human Rights) Title and Purposes of Chapter
RSA 354-A:27	Opportunity for Public Education without Discrimination a Civil Right
RSA 354-A:6	Opportunity for Employment without Discrimination a Civil Right

NH Dept of Ed Regulation	Description
N.H. Code Admin. Rules Ed 303.01 (i)	School Board Substantive Duties
N.H. Code Admin. Rules Ed 303.01 (j)	Substantive Duties of School Boards; Sexual Harassment Policy

Federal Regulations	Description
34 CFR 106.30	Definitions
34 CFR 106.44	Recipient’s response to sexual harassment
34 CFR 106.45	Grievance process for formal complaints of sexual harassment
34 CFR 106.71	Retaliation
34 CFR 106.8	Designation of responsible employee and adoption of grievance procedures.
34 CFR. Part 99	Family Educational Rights and Privacy Act Regulations

Federal Statutes	Description
20 U.S.C 1681, et seq	Title IX of the Education Amendments of 1972
42 U.S.C. 2000e et seq.	Title VII of the Civil Rights Act of 1964

Adopted: 7/2020

Revised: 10/2020, 2/2026