Non-Discrimination Resolution Process

Updated on Mon, 08/23/2021 - 7:55am

Resolution Process:

Once a complaint has been submitted, the Title IX/Non-Discrimination Coordinator will conduct a preliminary inquiry to determine whether to proceed to an investigation or to take other appropriate steps. Complaints should include a detailed description of the alleged discriminatory event(s), the date(s), and the full names of the parties involved and any witnesses. The complaint must be submitted through the Discrimination Incident Report portal or to an individual outlined in District Policy 8400 (Nondiscrimination).  In order for the complaint to be considered, it must be filed within 180 work days from the date of the complainant’s knowledge of the alleged discrimination.

If the District has jurisdiction over the complaint, the Title IX/Non-Discrimination Coordinator will submit the complaint to an investigator.  If the complaint involves employees, they will be resolved through applicable master agreement policies. Complaints by students, parents/guardians, community members and staff members not covered by a master agreement will be resolved through the investigation process.

Once assigned, investigator will conduct a thorough investigation into the complaint.  At the start of an investigation, the investigator will provide the parties with written notice of the complaint. The written notice will include the names of the parties involved, the specific section of the policy allegedly violated, and the conduct constituting the alleged violation. The investigator will contact the parties and witness to be interviewed as well as gathers evidence related to the complaint. Such information may include documents, video and audio recordings, and electronic materials (texts, social media posts, emails, phone logs, etc.). In addition, the parties will have the opportunity to provide information, evidence, and the names of witnesses to the investigator.

At the conclusion of the investigation, the Investigator will provide both parties written findings that summarizes the investigation. The investigation shall take up to 30 work days to complete, unless good cause for the delay is shown. If the investigation exceeds 30 work days, the Investigator is required to notify the parties the reason for the delay.

If either party is not satisfied with the findings made by the investigator, they may appeal the findings to the Title IX/Non-Discrimination coordinator within 10 work days following receipt of the findings/resolution. The Title IX/Non-Discrimination Coordinator (or designee) will meet with the parties in interest and/or their representatives within 10 work days after receipt of the appeal. The Title IX/Non-Discrimination Coordinator (or designee) will provide the parties in interest with written findings concerning the appeal within 10 work days after the meeting.

If the party is not satisfied with the Title IX/Non-Discrimination Coordinator’s decision of the appeal or if no decision has been rendered within 10 work days after meeting with the parties in interest, then the party may be appeal, within 10 work days thereafter, to the Superintendent or an official designee. The Superintendent (or designee) shall have up to 10 work days to arrange for and hold a meeting with the parties in interest. The Superintendent (or designee) will provide all parties in interest with written findings concerning the appeal within 10 work days after the meeting.

If the investigator concludes that the policy has been violated, appropriate consequences will be imposed, including but not limited to warning, exclusion, suspension, expulsion, transfer, remediation or termination. Consequences to third parties include imposing conditions or a total ban upon the individual’s future presence on District property, cancellation of a contract, or other appropriate measures.