Emmett School District 221

 

STUDENTS                                                                                                                               3085

 

Sexual Harassment, Discrimination and Retaliation Policy

 

Policy Purpose

 

The purpose of this policy is to promote working and learning environments that are free from sex and gender-based harassment, discrimination, and retaliation, and to affirm Emmett Independent School District 221 commitment to non-discrimination, equity in education and equal opportunity for employment.

 

Scope of Policy

 

This policy applies to all members of Emmett Independent School District 221 community, including students, employees, and other members of the public including guests, visitors, volunteers, and invitees.

 

Policy Statement

 

Emmett Independent School District 221 is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from sex and gender-based harassment, discrimination, and retaliation. Accordingly, the District prohibits harassment and discrimination on the basis of sex, sexual orientation, gender, gender identity, and pregnancy, as well as retaliation against individuals who report allegations of sex and gender-based harassment and discrimination, file a formal complaint, or participate in a grievance process.

 

Students, employees, or other members of the District community who believe that they have been subjected to sex or gender-based harassment, discrimination, or retaliation should report the incident to the Title IX Coordinator, who will provide information about supportive measures and the applicable grievance process(es). Violations of this policy may result in discipline for both students and District employees.

 

Title IX Coordinator

 

The Assistant Superintendent serves as Emmett Independent School District 221  Title IX Coordinator and oversees implementation of this policy. The Title IX Coordinator has the primary responsibility for coordinating the District’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent sex and gender-based harassment, discrimination, and retaliation prohibited under this policy. The Title IX Coordinator acts with independence and authority and is free from bias and conflicts of interest.

 

To raise any concern involving bias, conflict of interest, misconduct or discrimination committed by the Title IX Coordinator, contact the Emmett School District Assistant Superintendent at 400 S. Pine Street Suite 1 Emmett Idaho, 83617; 208-365-6301

 

 

If the District’s Title IX Coordinator is the subject of any complaint regarding sex or gender-based harassment or has an apparent bias or conflict of interest regarding such a case, another person shall be appointed to act as the Title IX Coordinator for handling that case. Such appointees may include, but are not limited to:

 

1. The Title IX Coordinator of another school district which the District has an agreement with;
2. Another employee of the District who is qualified and trained to address the matter, such as a deputy Title IX Coordinator;
3. A qualified and trained individual who enters into a professional services contract with the District; including but not limited to the District’s legal counsel and/or contracted Human Resources or Title IX professionals.

 

Concerns of bias, conflict of interest, misconduct, or discrimination committed by any other official involved in the implementation of this policy or related grievance processes should be raised with the Title IX Coordinator.

 

Mandatory Reporters

 

Emmett Independent School District 221 has classified all employees as mandatory reporters of any knowledge they have that a member of the District community experienced sex or gender-based harassment, discrimination, and/or retaliation. Accordingly, all District employees must promptly report actual or suspected sex and gender-based harassment, discrimination, and/or retaliation to the Title IX Coordinator. District employees must share with the Title IX Coordinator all known details of a report made to them in the course of their employment, as well as all details of behaviors under this policy that they observe or have knowledge of. Failure of a District employee to report an incident of sex or gender-based harassment, discrimination, or retaliation to the Title IX Coordinator of which they become aware is a violation of this policy and can be subject to disciplinary action for failure to comply.

 

In addition, District employees must also report allegations of suspected child abuse and/or neglect to either law enforcement or the Idaho Department of Health and Welfare as described in 0460.

 

Contact Information

 

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and related procedures, may be made internally to Emmett Independent School District 221 Title IX Coordinator (or deputies, if applicable) using the contact information below:

Emmett Independent School District 221

Office of Assistant Superintendent

400 South Pine Street

Suite 1

Emmett Idaho, 83617

208-365-6301

Emmettschools.org

 

 

External inquiries can be made to the U.S. Department of Education, Office for Civil Rights, Region 10, using the contact information below:

 

Seattle Office

Office for Civil Rights

U.S. Department of Education

915 Second Avenue, #3310

Seattle, WA 98174-1099

OCR.Seattle@ed.gov

1-800-877-8339

 

Notice/Formal Complaints of Sex and Gender-Based Harassment, Discrimination, and/or Retaliation

 

Notice or formal complaints of sex or gender-based harassment, discrimination, and/or retaliation may be made using any of the following options:

 

1. File a complaint with, or give verbal notice to, the Title IX Coordinator (or deputy/deputies, if applicable). Such a report may be made at any time, including during non-business hours, by using the telephone number, email address, or by mail to the office address listed for the Title IX Coordinator (or any other official as listed above).
2. Report by phone at 208-365-6301.

 

When notice is received regarding conduct that may constitute Title IX sexual harassment, Emmett Independent School District 221 shall provide information about supportive measures and how to file a formal complaint, as described in [insert title of our new Title IX procedures yet to be developed.

 

A formal complaint means a document filed/signed by the alleged victim or signed by the Title IX Coordinator alleging an individual violated this policy and requesting that the District investigate the allegation(s). As used in this paragraph, the phrase “document filed/signed by the alleged victim” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the District, if applicable) that contains the alleged victim’s physical or digital signature, or otherwise indicates that the alleged victim is the person filing the complaint. For example, an alleged victim may send an email to the Title IX Coordinator, identify themselves as the alleged victim and the one sending the email, to file a formal complaint. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the alleged victim to ensure that it is filed correctly.

 

Parents and legal guardians of primary and secondary school students who have the legal authority to act on their child’s behalf may file a formal complaint on behalf of their child.

 

Grievance Processes

 

When a formal complaint is made alleging that this policy was violated, the allegations are subject to resolution using one of Emmett Independent School District 221’s grievance processes noted below, as determined by the Title IX Coordinator. All processes provide for a prompt, fair, and impartial process.

 

1. For formal complaints regarding conduct that may constitute Title IX sexual harassment involving students or employees, the District will implement procedures detailed in Procedure 3085P.

 

1. For formal complaints regarding sex and gender-based harassment, discrimination and/or retaliation where students are the accused party, and that do not constitute Title IX sexual harassment, the District will implement procedures described in [insert applicable procedures, which may include: Student Code of Conduct, Uniform Grievance Procedure if no adjudication procedures are included in the Student Code of Conduct, General Bullying, Harassment and Intimidation procedures, Relationship Abuse and Sexual Assault Prevention and Response procedures].

 

1. For formal complaints regarding sex and gender-based harassment, discrimination and/or retaliation where employees are the accused party, and that do not constitute Title IX sexual harassment, the District will implement procedures described in [insert applicable procedures, which may include: Uniform Grievance Procedure, Certificated/Non-certificated Staff Grievance Procedure]

 

1. [Add any additional procedures, such as those involving volunteers, invitees, guests, etc. if applicable]

 

 

 

Legal References:       20 U.S.C. §§ 1681 - 1682       Title IX of the Education Amendments of 1972

                                    34 CFR Part 106                     Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

 

Policy History:

Adopted on: October 12, 2020

Revised on:

Reviewed on: