Title IX in Normandy Schools Collaborative
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
It is the policy of Normandy Schools Collaborative to maintain a learning and working environment that is free from discrimination on the basis of sex in the educational programs, activities, and vocational opportunities offered by the District. The provisions of Title IX extend not only to students with regard to educational opportunities and freedom from harassment, but also to employees with regard to employment opportunities and freedom from harassment, and to individuals with whom the District does business.
It is a violation for any employee of the School District to harass another staff member or student through conduct or communication of a sexual nature. It is also a violation of this policy for students to harass other students through conduct or communication of a sexual nature. It is a violation of this policy for any person who is not an employee or student of the District to harass a staff member or student of the District through conduct or comments of a sexual nature while such employee is engaged in the performance of duties for the District or while such student is under District supervision. Sexual harassment includes sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex.
Any person who alleges sexual harassment by a district employee, student, or volunteer may complain directly to a building principal or the District Title IX Compliance Coordinator. It is the duty of the district to respond when any district stakeholder reports a notice of sexual harassment. If an investigation substantiates the allegation of sexual harassment/discrimination, disciplinary action commiserate with the severity of the violation will be taken. Supportive measures will be offered to parties included in the complaint as needed. As a district, we are required to offer an equal right of appeal for both parties to a Title IX proceeding.
Board Policy Related to Title IX
Policy AC: PROHIBITION AGAINST ILLEGAL DISCRIMINATION, HARASSMENT AND RETALIATION
General Rule
The Normandy Schools Collaborative is committed to maintaining a workplace and educational environment that is free from illegal discrimination, harassment and retaliation in admission or access to, or treatment or employment in, its programs, services, activities and facilities. In accordance with law, the district strictly prohibits discrimination and harassment against employees, students or others on the basis of race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law. The Normandy Schools Collaborative is an equal opportunity employer.
The board also prohibits:
- Retaliatory actions including, but not limited to, acts of intimidation, threats, coercion or discrimination against those who:
- Make complaints of illegal discrimination or harassment.
- Report illegal discrimination or harassment.
- Participate in an investigation, formal proceeding or informal resolution, whether conducted internally or outside the district, concerning illegal discrimination or harassment.
- Aiding, abetting, inciting, compelling or coercing illegal discrimination, harassment or retaliatory actions.
- Discrimination, harassment or retaliation against any person because of such person's association with a person protected from discrimination or harassment in accordance with this policy and law.
As used in this policy, "discrimination, harassment or retaliation" has the same meaning as "illegal discrimination, harassment or retaliation" and is limited to acts prohibited by law. All employees, students and visitors must immediately report to the district for investigation any incident or behavior that could constitute discrimination, harassment or retaliation in accordance with this policy. If a student alleges sexual misconduct on the part of any district employee to any person employed by the district, that person will immediately report the allegation to the Children's Division (CD) of the Department of Social Services in accordance with state law.
Sexual Harassment Reporting and District Response
Sexual harassment is prohibited under this policy and policy ACA, but policy ACA applies only to a narrower category of sexual harassment under Title IX, as defined in the federal regulations. All sexual harassment reports must be made to the Title IX coordinator identified in policy ACA and evaluated for policy ACA applicability. If a sexual harassment report is made to any other district employee, the report must be promptly referred to the Title IX coordinator for intake. Incidents of alleged sexual harassment that are not investigated under policy ACA may be referred for processing under this policy.
Additional Prohibited Behavior
Behavior that is not unlawful or does not rise to the level of illegal discrimination, harassment or retaliation might still be unacceptable for the workplace or the educational environment. The district encourages students, employees and the public to report such behavior so that it can be promptly addressed, but the grievance process in this policy is reserved for allegations of illegal discrimination, harassment and retaliation.
Boy Scouts of America Equal Access Act
As required by law, the district will provide equal access to district facilities and related benefits and services and will not discriminate against any group officially affiliated with the Boy Scouts of America, the Girl Scouts of the United States of America or any other youth group designated in applicable federal law.
School Nutrition Programs
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the district is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by the USDA. These programs include the National School Lunch Program, the Special Milk Program, the School Breakfast Program and the Summer Food Service Program.
Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action with the USDA Office of the Assistant Secretary for Civil Rights or the district's compliance officer using the process outlined in policy EF.
Interim Measures
When a report is made or the district otherwise learns of potential discrimination, harassment or retaliation, the district will take immediate action to protect the alleged victim, including implementing interim measures. Such interim measures may include, but are not limited to, altering a class seating arrangement, providing additional supervision or suspending an employee pending an investigation. The district will also take immediate steps to prevent retaliation against the alleged victim, any person associated with the alleged victim, or any witnesses or participants in the investigation. These steps may include, but are not limited to, notifying students, employees and others that they are protected from retaliation, ensuring that they know how to report future complaints, and initiating follow-up contact with the complainant to determine if any additional acts of discrimination, harassment or retaliation have occurred.
Consequences and Remedies
If the district determines that discrimination, harassment or retaliation have occurred, the district will take prompt, effective and appropriate action to address the behavior, prevent its recurrence and remedy its effects.
Employees who violate this policy will be disciplined, up to and including employment termination. Students who violate this policy will be disciplined, which may include suspension or expulsion. Patrons, contractors, visitors or others who violate this policy may be prohibited from district property or otherwise restricted while on district property. The superintendent or designee will contact law enforcement or seek a court order to enforce this policy when necessary or when actions may constitute criminal behavior.
Students, employees and others will not be disciplined for speech in circumstances where it is protected by law.
In accordance with law and district policy, any person suspected of abusing or neglecting a child will be reported immediately to the CD.
Definitions
Compliance Officer – The individual responsible for implementing this policy, including the acting compliance officer when performing duties of the compliance officer.
Discrimination – Conferring benefits upon, refusing or denying benefits to, or providing differential treatment to a person or class of persons in violation of law based on race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law, or based on a belief that such a characteristic exists.
Grievance – A verbal or written report (also known as a complaint) of discrimination, harassment or retaliation made to the compliance officer.
Harassment – A form of discrimination, as defined above, that occurs when the school or work environment becomes permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive enough that it unreasonably alters the employment or educational environment.
Behaviors that could constitute illegal harassment include, but are not limited to, the following acts if based on race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law or based on a belief that such a characteristic exists: graffiti; display of written material, pictures or electronic images; name calling, teasing or taunting; insults, derogatory remarks or slurs; jokes; gestures; threatening, intimidating or hostile acts; physical acts of aggression, assault or violence; theft; or damage to property.
Sexual Harassment – A form of discrimination, as defined above, on the basis of sex. Sexual harassment is unwelcome conduct that occurs when a) benefits or decisions are implicitly or explicitly conditioned upon submission to, or punishment is applied for refusing to comply with, unwelcome sexual advances, requests for sexual favors or conduct of a sexual nature; or b) the school or work environment becomes permeated with intimidation, ridicule or insult that is based on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the conditions of participation in the district's programs and activities or the conditions of employment. Sexual harassment may occur between members of the same or opposite sex. The district presumes a student cannot consent to behavior of a sexual nature with an adult regardless of the circumstance. "Sexual Harassment under Title IX" is a subset of this definition, and the district's response to qualifying allegations is set forth in policy ACA.
Behaviors that could constitute sexual harassment include, but are not limited to:
- Sexual advances and requests or pressure of any kind for sexual favors, activities or contact.
- Conditioning grades, promotions, rewards or privileges on submission to sexual favors, activities or contact.
- Punishing or reprimanding persons who refuse to comply with sexual requests, activities or contact.
- Graffiti, name calling, slurs, jokes, gestures or communications of a sexual nature or based on sex.
- Physical contact or touching of a sexual nature, including touching of intimate parts and sexually motivated or inappropriate patting, pinching or rubbing.
- Comments about an individual's body, sexual activity or sexual attractiveness.
- Physical sexual acts of aggression, assault or violence, including criminal offenses (such as rape, sexual assault or battery, and sexually motivated stalking) against a person's will or when a person is not capable of giving consent due to the person's age, intellectual disability or use of drugs or alcohol.
- Gender-based harassment and acts of verbal, nonverbal, written, graphic or physical conduct based on sex or sex stereotyping, but not involving conduct of a sexual nature.
Working Days – Days on which the district's business offices are open.
Compliance Officer
The board designates the following individual to act as the district's compliance officer:
Chief Human Resources Administrator
Normandy Schools Collaborative
3855 Lucas and Hunt Road
St. Louis, MO 63121-2919
Phone: 314-493-0400 / Fax: 314-493-0475
In the event the compliance officer is unavailable or is the subject of a report that would otherwise be made to the compliance officer, reports should instead be directed to the acting compliance officer:
Superintendent of Schools
Normandy Schools Collaborative
3855 Lucas and Hunt Road
St. Louis, MO 63121-2919
Phone: 314-493-0400 / Fax: 314-493-0475
For matters within the scope of this policy, the compliance officer or acting compliance officer will:
- Coordinate district compliance with this policy and the law.
- Receive all grievances regarding discrimination, harassment and retaliation except as provided in policy ACA.
- Serve as the district's designated Title VI, Section 504 and Americans with Disabilities Act (ADA) coordinator, as well as the contact person for compliance with other discrimination laws.
- Forward reports of sexual harassment and otherwise assist in TItle IX compliance as directed in policy ACA.
- Investigate or assign persons to investigate grievances; monitor the status of grievances to ensure that additional discrimination, harassment and retaliation do not occur; and recommend consequences.
- Review all evidence brought in disciplinary matters to determine whether additional remedies are appropriate, and recommend which interim measures should be implemented.
- Determine whether district employees with knowledge of discrimination, harassment or retaliation failed to carry out their reporting duties and recommend disciplinary action, if necessary.
- Communicate regularly with the district's law enforcement unit or other law enforcement point of contact for the district to determine whether any reported crimes constitute potential discrimination, harassment or retaliation.
- Oversee discrimination, harassment or retaliation grievances, including identifying and addressing any patterns or systemic problems and reporting such problems and patterns to the superintendent or the board.
- Seek legal advice when necessary to enforce this policy.
- Report to the superintendent and the board aggregate information regarding the number and frequency of grievances and compliance with this policy.
- Make recommendations regarding changing this policy or the implementation of this policy.
- Coordinate and institute training programs for district staff and supervisors as necessary to meet the goals of this policy, including instruction in recognizing behavior that constitutes discrimination, harassment and retaliation.
- Periodically review student discipline records to determine whether disciplinary consequences are applied uniformly.
- Perform other duties as assigned by the superintendent.
Public Notice
The superintendent or designee will continuously publicize the district's policy prohibiting discrimination, harassment and retaliation and disseminate information on how to report discrimination, harassment and retaliation. Notification of the district's policy will be posted in a public area of each building used for instruction or employment or open to the public. Information will also be distributed annually to employees, parents/guardians and students as well as to newly enrolled students and newly hired employees. District bulletins, catalogs, application forms, recruitment material and the district's website will include a statement that the district does not discriminate in its programs, services, activities, facilities or with regard to employment. The district will provide information in alternative formats when necessary to accommodate persons with disabilities.
Reporting
Students, employees and others may attempt to resolve minor issues by addressing concerns directly to the person alleged to have violated this policy, but they are not expected or required to do so. Any attempts to voluntarily resolve a grievance will not delay the investigation once a report has been made to the district.
Reports Involving Sexual Harassment
In cases involving sexual harassment, all persons must report incidents directly to the Title IX coordinator for evaluation under policy ACA. All district employees will instruct all persons seeking to make a report or complaint to communicate directly with the Title IX coordinator. Even if the suspected victim of discrimination, harassment or retaliation does not report on their own behalf, district employees are required to report to the Title IX coordinator any observations, rumors or other information about actions prohibited by this policy and policy ACA.
Key Title IX Vocabulary
Sexual Harassment
Conduct on the basis of sex that satifies one or more of the following:
- An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity;
- “Sexual assault” as defined in Violence Against Women Act (VAWA) 20 U.S.C. 1092(f)(6)(A)(v), “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).
Actual Knowledge
Notice of sexual harassment or allegations of sexual harassment to a recipient’s Title IX Coordinator or any official of the recipient who has authority to institute corrective measures on behalf of the recipient, or to any employee of an elementary and secondary school.
(Adopts standard from Supreme Court case law)
- Constructive notice is not sufficient.
- BUT note – any employee!
- MHRA: uses a knew or should have known standard
- IHRA: actual knowledge except if the offender is a supervisor – knowledge is imputed to employer
“Consent” – does not compel a specific definition.
Deliberate Indifference
Failure to respond reasonably in light of known circumstances.
NOTE: This is a significant definitional change from prior OCR guidance: The school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its reoccurrence, and address
its effects.
Education Program/Activity
Includes locations, events or circumstances where the district has substantial control over both the Respondent and the context in which alleged sexual harassment occurs.
Complainant/Respondent
Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Formal Complaint/Grievance
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the district investigate the allegation of sexual harassment.
Supportive Measures
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complaint or the Respondent before or after the filing of a Formal Title IX Sexual Harassment Complaint or where no Formal Title IX Sexual Harassment Complaint has been filed.
i.e. Temporarily changing of a schedule, check-ins with counselor or social worker, etc.
Emergency Removal
The removal of a respondent from an education program or activity on an emergency basis provided that the recipient:
- Undertakes an individualized safety and risk analysis,
- Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and
- Provides the respondent with notice and an opportunity to challenge the decision immediately upon removal.
Formal/Informal Resolution
Formal Resolution is the processing of a complaint from intake by the Title IX coordinator, to investigation by an Investigator, to decision by a Decision-Maker and appeal to an Appeals Officer, if requested.
Informal Resolution is process to resolve a complaint without resorting to the formal resolution procedures. This may include the use of mediation or other restorative justice measures (agreement by both parties, but not in Teacher to Student harassment).
Title IX Process Overview
Complaint Intake Process
Steps must be taken by the Title IX Coordinator IF:
A formal grievance is submitted to the Coordinator OR An employee notifies the Coordinator of possible sexual harassment ORReport made of ANY incident that may constitute sexual harassment under Title IX.
Once the report is received, the Title IX Coordinator contacts the alleged victim and -
- Provides info re: supportive measures.
- Explains the process for filing a Formal Complaint.
- Provides informal resolution options, if appropriate.
- Refers to confidential resources.
Intake Analysis
Once the Complaint Intake Process is complete, the Title IX Coordinator analyzes all information and determines if the Formal Complaint is indeed a potential Title IX violation.
Preponderance of Evidence vs. Clear and Convincing Evidence
Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty.
- Preponderance of Evidence requires that the evidence be “more likely than not” to prove the matter at hand; evidence only needs to be greater than a 50% likelihood of being true.
- Under the clear and convincing standard, the evidence must be substantially greater than a 50% likelihood of being true.
A recipient with actual knowledge of sexual harassment in an education program or activity against a person must respond promptly and in a manner that is not deliberately indifferent.
The Title IX Coordinator will then make one of the following decisions -
- Emergency Removal (leading to the Formal Complaint Process)
- The removal of a respondent from an education program or activity on an emergency basis provided that the recipient.
- Provides the respondent with notice and an opportunity to challenge the decision immediately upon removal.
- Informal Resolution
- Process to resolve a complaint without resorting to the formal resolution procedures.
- The Title IX Coordinator has 30 school business days to seek an informal resolution, but can be extended by mutual consent of the both the Complainant and Respondent.
- If either the complainant, or respondent, disagree with an informal resolution, then the next step is the Formal Complaint Process.
- Dismissal of Complaint
- The complaint does not meet the neccessary guidelines to be a potential Title IX violation.
- The complaint is addressed under a different district policy.
Formal Complaint Process
If an informal resolution is unable to be reached, or if emergency removal was neccessary, then the Formal Complaint Process is initiated. The process will go as follows -
- The Title IX Coordinator assigns the case to the district Investigator. The investigator will likely be a non-bias district administrator.
- The investigator will then begin to analyze the case. The Title IX Coordinator will monitor these efforts.
- Once the investigation is complete, the investigator will give all information and a recommendation to the chosen Decision-Maker. The decision-maker will likely be a non-bias district administrator.
- Once the Decision-Maker has made the final judgment, they will notify all parties of the decision.
- If either parties disagree with the final judgment, then they have a right to appeal.
- A formal appeal has to be submitted within 5 school-business days. The appeal will be submitted to a chosen Appeal Officer, likely the Superintendent.
- The Appeal Officer will then review the appeal and issue a written decision within 10 school-business days.