Overview
The Loudoun County Public Schools (LCPS) prohibits sexual harassment, including sexual assault, dating violence, domestic violence, and stalking, as defined by LCSB Policy – 8035, Title IX Sex-Based Discrimination, Sexual Harassment and Title IX Regulations § 106.30. 

Under LCSB Regulation: 8035-Reg - Title IX Sex Based Discrimination, Sexual Harassment, LCPS may remove a Title IX Respondent, entirely or partially, from its education program or employment activities on an emergency basis if there is an immediate threat to the physical health or safety of any student or other individual arising from allegations of prohibited conduct as set forth in School Board Policy 8035. An accused employee may be placed on administrative leave pending the outcome of the grievance procedure in accordance with LCPS policies and practices in coordination with the Department of Human Resources and Talent Development. 

Prior to removal, LCPS shall undertake an individualized safety and risk analysis, and, where such analysis determines that there is an immediate threat to the physical health or safety of any student or individual, provide the party with notice of the emergency removal and an opportunity to challenge the decision immediately following the removal. The individualized safety and risk analysis will follow the following steps: 

Step One:  When a threat of targeted violence is reported, Title IX-related or not, schools should proceed with a threat assessment in accordance with LCSB Regulation 8290 – Threat Assessment for the Protection of Schools. 

Step Two: Concurrent to the Title IX report review, the school-based threat assessment team will conduct the threat assessment to determine the threat classification and the immediate required threat response and management actions that are necessary to reduce safety risks and prevent violence. The threat assessment results will be provided to TIXC or designee. In consultation with the threat assessment team, TIXC will consider the following individualized safety and risk analysis factors for emergency removal:  

• the nature, duration, and severity of the threat posed by the student; 

• the probability that the threatened behavior or circumstance will occur or

    continue to occur (e.g., formulation of a concrete plan, access to 

    weapons, or other means of harm; etc.); 

• whether the threat to a person’s physical health or safety arises from  allegations of prohibited conduct as set forth in the LCSB Policy 8035. 

• whether or if there are reasonable alternatives to emergency removal that 

    would sufficiently mitigate any risk, and

• consideration of applicable disability laws.  

Step Three: Removal Procedures: Following the safety and risk analysis, if TIXC or designee determines that a credible, immediate threat to physical health or safety exists, TIXC or designee will issue a written notice to the student. This written notice will indicate the following:  

• the effective date of the emergency removal; 

• the reasons for removal; 

• the scope of the removal; 

• the length of the removal and any conditions or requirements that must be met before the student can be reinstated; 

• and the student’s right to challenge and/or appeal the decision. 

Step Four: Upon receiving the Notice of Removal letter, the Respondent may request to meet as soon as reasonably possible after the emergency removal is imposed to show cause why the action/removal should not be implemented or should be modified. This meeting is called a Show Cause meeting. The Respondent has five (5) days to appeal.  

Step Five: If the student is removed, the TIXC will ensure that the Respondent is provided with appropriate educational services during the removal. (e.g., An alternate placement may be considered for long-duration removals.)