• Title IX Sexual Harassment Grievance Procedure

    Sexual harassment affects a student’s ability to learn and an employee’s ability to work. Providing an

    educational and workplace environment free from sexual harassment is an important District goal. The

    District does not discriminate on the basis of sex in any of its education programs or activities, and it

    complies with Title IX of the Education Amendments of 1972 (Title IX) and its implementing

    regulations (34 C.F.R. Part 106) concerning everyone in the District’s education programs and

    activities, including applicants for employment, students, parents/guardians, employees, and third

    parties.

    Title IX Sexual Harassment Prohibited

    Sexual harassment as defined in Title IX (Title IX Sexual Harassment) is prohibited. Any person,

    including a District employee or agent, or student, engages in Title IX Sexual Harassment whenever

    that person engages in conduct on the basis of an individual’s sex that satisfies one or more of the

    following:

    1. A District employee conditions the provision of an aid, benefit, or service on an individual’s

    participation in unwelcome sexual conduct; or

    2. 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 District’s

    educational program or activity; or

    3. Sexual assault as defined in 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).

    Examples of sexual harassment include, but are not limited to, touching, crude jokes or pictures,

    discussions of sexual experiences, teasing related to sexual characteristics, spreading rumors related to

    a person’s alleged sexual activities, rape, sexual battery, sexual abuse, and sexual coercion.

    Definitions from 34 C.F.R. §106.30

    Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual

    harassment.

    Education program or 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.

    Formal Title IX Sexual Harassment Complaint means 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.

    Respondent means an individual who has been reported to be the perpetrator of the conduct that could

    constitute sexual harassment.

    Supportive measures mean non-disciplinary, non-punitive individualized services offered as

    appropriate, as reasonably available, and without fee or charge to the Complainant 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.

    UPDATED POLICY

    Title IX Sexual Harassment Prevention and Response

    The Superintendent or designee will ensure that the District prevents and responds to allegations of

    Title IX Sexual Harassment as follows:

    1. Ensures that the District’s comprehensive health education program in Board policy 6:60,

    Curriculum Content, incorporates (a) age-appropriate sexual abuse and assault awareness and

    prevention programs in grades pre-K through 12, and (b) age-appropriate education about the

    warning signs, recognition, dangers, and prevention of teen dating violence in grades 7-12.

    This includes incorporating student social and emotional development into the District’s

    educational program as required by State law and in alignment with Board policy 6:65, Student

    Social and Emotional Development.

    2. Incorporates education and training for school staff as recommended by the Superintendent,

    Title IX Coordinator, Nondiscrimination Coordinator, Building Principal, Assistant Building

    Principal, Dean of Students, or a Complaint Manager.

    3. Notifies applicants for employment, students, parents/guardians, employees, and collective

    bargaining units of this policy and contact information for the Title IX Coordinator by, at a

    minimum, prominently displaying them on the District’s website, if any, and in each handbook

    made available to such persons.

    Making a Report

    A person who wishes to make a report under this Title IX Sexual Harassment grievance procedure may

    make a report to the Title IX Coordinator, Nondiscrimination Coordinator, Building Principal, Assistant

    Building Principal, Dean of Students, a Complaint Manager, or any employee with whom the person is

    comfortable speaking. A person who wishes to make a report may choose to report to a person of the

    same gender.

    School employees shall respond to incidents of sexual harassment by promptly making or forwarding

    the report to the Title IX Coordinator. An employee who fails to promptly make or forward a report

    may be disciplined, up to and including discharge.

    The Superintendent shall insert into this policy and keep current the name, office address, email address,

    and telephone number of the Title IX Coordinator.

    Title IX Coordinator:

    Name

    Address

    Email

    Telephone

    Processing and Reviewing a Report or Complaint

    Upon receipt of a report, the Title IX Coordinator and/or designee will promptly contact the

    Complainant to: (1) discuss the availability of 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 Title IX Sexual Harassment Complaint, and

    (4) explain to the Complainant the process for filing a Formal Title IX Sexual Harassment Complaint.

     

    Dr. Jason Lind, Superintendent

    18550 Millburn Rd. Wadsworth, IL 60083

    jlind@millburn24.net

    847-245-2900

     

    Further, the Title IX Coordinator will analyze the report to identify and determine whether there is

    another or an additional appropriate method(s) for processing and reviewing it. For any report received,

    the Title IX Coordinator shall review Board policies 2:260, Uniform Grievance Procedure; 5:20,

    Workplace Harassment Prohibited; 5:90, Abused and Neglected Child Reporting; 5:120, Employee

    Ethics; Conduct; and Conflict of Interest; 7:20, Harassment of Students Prohibited; 7:180, Prevention

    of and Response to Bullying, Intimidation, and Harassment; 7:185, Teen Dating Violence Prohibited;

    and 7:190, Student Behavior, to determine if the allegations in the report require further action.

    Reports of alleged sexual harassment will be confidential to the greatest extent practicable, subject to

    the District’s duty to investigate and maintain an educational program or activity that is productive,

    respectful, and free of sexual harassment.

    Formal Title IX Sexual Harassment Complaint Grievance Process

    When a Formal Title IX Sexual Harassment Complaint is filed, the Title IX Coordinator will investigate

    it or appoint a qualified person to undertake the investigation.

    The Superintendent or designee shall implement procedures to ensure that all Formal Title IX Sexual

    Harassment Complaints are processed and reviewed according to a Title IX grievance process that fully

    complies with 34 C.F.R. §106.45. The District’s grievance process shall, at a minimum:

    1. Treat Complainants and Respondents equitably by providing remedies to a Complainant

    where the Respondent is determined to be responsible for sexual harassment, and by

    following a grievance process that complies with 34 C.F.R. §106.45 before the imposition

    of any disciplinary sanctions or other actions against a Respondent.

    2. Require an objective evaluation of all relevant evidence – including both inculpatory and

    exculpatory evidence – and provide that credibility determinations may not be based on a

    person’s status as a Complainant, Respondent, or witness.

    3. Require that any individual designated by the District as a Title IX Coordinator,

    investigator, decision-maker, or any person designated by the District to facilitate an

    informal resolution process:

    a. Not have a conflict of interest or bias for or against complainants or respondents

    generally or an individual Complainant or Respondent.

    b. Receive training on the definition of sexual harassment, the scope of the District’s

    education program or activity, how to conduct an investigation and grievance process

    (including hearings, appeals, and informal resolution processes, as applicable), and

    how to serve impartially.

    4. Require that any individual designated by the District as an investigator receiving training

    on issues of relevance to create an investigative report that fairly summarizes relevant

    evidence.

    5. Require that any individual designated by the District as a decision-maker receive training

    on issues of relevance of questions and evidence, including when questions and evidence

    about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

    6. Include a presumption that the Respondent is not responsible for the alleged conduct until

    a determination regarding responsibility is made at the conclusion of the grievance process.

    7. Include reasonably prompt timeframes for conclusion of the grievance process.

    8. Describe the range of possible disciplinary sanctions and remedies the District may

    implement following any determination of responsibility.

    9. Base all decisions upon the preponderance of evidence standard.

    10. Include the procedures and permissible bases for the Complainant and Respondent to

    appeal.

    11. Describe the range of supportive measures available to Complainants and Respondents.

    12. Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or

    seek disclosure of, information protected under a legally recognized privilege, unless the

    person holding such privilege has waived the privilege.

    Enforcement

    Any District employee who is determined, at the conclusion of the grievance process, to have engaged

    in sexual harassment will be subject to disciplinary action up to and including discharge. Any third

    party who is determined, at the conclusion of the grievance process, to have engaged in sexual

    harassment will be addressed in accordance with the authority of the Board in the context of the

    relationship of the third party to the District, e.g., vendor, parent, invitee, etc. Any District student who

    is determined, at the conclusion of the grievance process, to have engaged in sexual harassment will be

    subject to disciplinary action, including, but not limited to, suspension and expulsion consistent with

    student behavior policies. Any person making a knowingly false accusation regarding sexual

    harassment will likewise be subject to disciplinary action.

    This policy does not increase or diminish the ability of the District or the parties to exercise any other

    rights under existing law.

    Retaliation Prohibited

    The District prohibits any form of retaliation against anyone who, in good faith, has made a report or

    complaint, assisted, or participated or refused to participate in any manner in a proceeding under this

    policy. Any person should report claims of retaliation using Board policy 2:260, Uniform Grievance

    Procedure.

    Any person who retaliates against others for reporting or complaining of violations of this policy or for

    participating in any manner under this policy will be subject to disciplinary action, up to and including

    discharge, with regard to employees, or suspension and expulsion, with regard to students.

    LEGAL REF.: 20 U.S.C. §1681 et seq., Title IX of the Educational Amendments of 1972; 34 C.F.R.

    Part 106.

    Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999).

    Gebser v. Lago Vista Independent Sch. Dist., 524 U.S. 274 (1998).

    CROSS REF.: 2:260 (Uniform Grievance Procedure), 5:10 (Equal Employment Opportunity

    and Minority Recruitment), 5:20 (Workplace Harassment Prohibited), 5:90

    (Abused and Neglected Child Reporting), 5:100 (Staff Development Program),

    5:120 (Employee Ethics; Conduct, and Conflict of Interest), 6:60 (Curriculum

    Content), 6:65 (Student Social and Emotional Development), 7:10 (Equal

    Educational Opportunities), 7:20 (Harassment of Students Prohibited), 7:180

    (Prevention of and Response to Bullying, Intimidation, and Harassment), 7:185

    (Teen Dating Violence Prohibited), 7:190 (Student Behavior)

    Adopted: November 30, 2020