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*Details of this Grievance Process can be found in LCSB Regulation 8035. Title IX – Sex-Based Discrimination- Sexual Harassment 

Receipt of an Allegation of Sexual Harassment or Sex Discrimination 

• Upon notice of an incident of sexual harassment or sex discrimination (which includes sexual orientation, gender identity, and pregnancy), the Title IX School-Based Contact (who is a designated member of the administrative team at each school site) immediately forwards the details of the incident to the Division Title IX Coordinator.

• The Division Title IX Coordinator reviews all incidents to determine if conduct would constitute Title IX Sexual Harassment, if proven.

• If conduct would constitute Title IX Sexual Harassment, Title IX Office contacts Complainant to review Title IX process. An intake will be scheduled to gather additional information and any other relevant documentation, explain the Title IX grievance process, and offer supportive measures; whether a formal complaint has been filed or needs to be initiated by TIXC on behalf of the complainant.

• Upon receipt of a Formal Complaint, the Division Title IX Coordinator completes initial assessment, which includes (but is not limited to): a review of allegations based on definitions covered under Title IX regulation; jurisdiction review; review of interview notes and other relevant information obtained review of emergency removal/admin leave. The Division Title IX Coordinator completes intake/determination of Title IX process applicability as soon as practicable, and issues notice of acceptance of a formal complaint or dismissal of the complaint under Title IX. If an allegation would not meet the provisions of Title IX, even if proven, The Division Title IX Coordinator must dismiss the Complaint from the Title IX grievance process and will refer the case to the appropriate LCPS department for review under the applicable School Board Policy.

• Upon the acceptance of a Formal Complaint, the Division Title IX Coordinator will draft a Notice of Investigation and Allegation (NOIA) which will contain sufficient information that would allow the party alleged to have committed the conduct (Respondent) to respond to the allegations. The NOIA will also include the name of the Title IX Investigator.

Grievance Process

The Title IX Grievance Process for any Formal Complaint that has been accepted by TIXC typically should be concluded within 90 business days, unless TIXC, Title IX Investigator, Title IX Decision Maker, or Appellate Decision Maker as appropriate, temporarily delays the Title IX Grievance Process or extends the timeline for good cause and provides written notice to the Complainant and the Respondent of the delay or extension and the reason(s) for the action.

A formal Title IX Investigation will be conducted by a trained Title IX investigator. The investigator strives to have all information gathering completed within 30 days or as soon as practical. The investigation process includes:

• Title IX Investigator provides the respondent at least 3 working days to prepare a response before their initial interview with the investigator.

• Title IX Investigator conducts all investigation interviews (complainant, respondent, and any student or staff witnesses).

• Title IX Investigator collects and analyzes any digital evidence which has been relevant to the investigation.

• Title IX Investigator drafts investigative report, with relevant appendices and prepares relevant evidence.

Upon completion of the draft investigative report, the investigator will provide the report to the parties for the 10-day review and response period.

First-Ten Day Review Process and Response Period

• Title IX Investigator provides the REDACTED draft report, all relevant evidence, and directly related evidence to both parties for review prior to completion of the investigation report, allowing each party ten-working days to review and submit a written response to the evidence. The Title IX Investigator will restrict the party's ability to download, print or copy the documents.

• Based on responses, the investigator may need to interview other witnesses, parties or gather additional information.

• At the conclusion of the ten-working days, the Title IX Investigator will finalize the investigative report following the ten-day deadline and include the parties responses for review and comment. 

Second-Ten Day Review and Response Period

• Title IX Investigator provides both parties a copy of the final investigation report and all relevant and directly related evidence prior to submitting the report to The Title IX Decision Maker, allowing each party ten working days to submit a written response to the report.

• Following receipt of written responses to report from parties (or once the ten-day deadline has passed with no response), the Title IX Investigator formally transfers the complete investigative file to The Title IX Decision Maker with a copy of any written responses received.

Decision Making Process

• Before reaching a determination regarding responsibility, The Title IX Decision-Maker must afford each party the opportunity to submit written, relevant questions that a party wants to be asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Any questions excluded as irrelevant shall be identified and explained as such by the Title IX Decision-Maker.

• Upon a review of the Administrative Record and applying a preponderance of the evidence standard, The Title IX Decision Maker shall provide a written determination to TIXC. TIXC will concurrently issue to both parties the written determination by The Title IX Decision-Maker.

Appeals Process

• All parties have the right to appeal the final determination. The basis for the appeal is limited to the following:

  • a. There is new evidence that was unknown or unavailable during the investigation. The new evidence could significantly have impacted the outcome.

  • b. There was a procedural error or omission that significantly impacted the outcome.

  • c. There is evidence provided of bias or conflict of interest from TIXC, Title IX Investigator, or Title IX Decision -Maker.

• Appeals must be received within five working days from the date of the determination.

• After the appeal is filed, TIXC will notify the other party of the appeal in writing.

• The non-appealing party may submit a written response within 5 business days of notification.

• An appeal Decision Maker will be identified, and a written decision will be provided to both parties describing the result of the appeal and the rationale for the result.

• The appeal decision is final. If no appeal is filed, the Determination of Responsibility becomes final, and the Title IX Grievance Process concludes on the date on which an appeal would no longer be considered timely. If appealed, the Determination of Responsibility becomes final on the date the “Appellate Decision Maker” provides the parties with written notice of the result of the appeal.