Title IX

 

Non-Discrimination Notice

In compliance with Titles VI & VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and Colorado law, the Weld Re-8 Schools does not unlawfully discriminate against otherwise qualified students, employees, applicants for employment, or members of the public on the basis of disability, race, creed, color, sex, sexual orientation, marital status, national origin, religion, ancestry, or need for special education services. Discrimination against employees and applicants for employment based on age, genetic information, and conditions related to pregnancy or childbirth is also prohibited in accordance with state and/or federal law. Complaint procedures have been established for students, parents, employees, and members of the public. 

 

Compliance Officer Alan J. Kaylor, Superintendent Weld County School District Re-8 200 South Fulton Ave., Fort Lupton, CO. 80621 303-857-3200 | [email protected]   Title IX Coordinator Stephanie McClary, Human Resource Manager 200 South Fulton Ave., Fort Lupton, CO. 80621 303-857-3217 | [email protected]

Related Policies Policy AC Nondiscrimination/Equal Opportunity Policy AC-R-1 Non-discrimination/Equal Opportunity (Regulation) Policy AC-R-2 Sexual Harassment Investigation Procedures (Title IX) Policy JB Equal Educational Opportunities Policy JBB Sexual Harassment Policy JII Student Concerns, Complaints, and Grievances

Outside Agencies

Complaints regarding violations of Title VI, (race, national origin), Title IX (sex, gender), Section 504/ADA (handicap or disability), may be filed directly with the Office for Civil Rights, U.S. Department of Education, 1244 North Speer Blvd., Suite 310, Denver, CO 80204. Complaints regarding violations of Title VII (employment) and the ADEA (prohibiting age discrimination in employment) may be filed directly with the Federal Office of Equal Employment Opportunity Commission, 303 E. 17th Ave., Suite 510, Denver, CO 80202, or the Colorado Civil Rights Commission, 1560 Broadway, Suite 1050, Denver, CO 80202.

 

 

Title IX Information

Title IX of the Education Amendments of 1972 prohibits discrimination and harassment on the basis of sex, stating that:

 

“No person in the united states shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

 

Implementing Regulation

34 C.F.R. Part 106

 

Sexual Harassment Prohibited by Title IX
Sexual harassment prohibited by Title IX means conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the District conditions the provision of aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
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 education program or activity;
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).

 

Gender-based violence and harassment are behaviors that are committed because of a person’s gender or sex. They can be carried out by a boyfriend, girlfriend, other students, or adults. If someone does any of the following to you because of gender or sex, it may constitute gender-based violence, discrimination, or harassment under Title IX. Acts may include:

 

• Pressures you to perform sexual acts or forces you to have sex
• Touches you sexually against your will
• Verbally abuses you using anti-gay or sexual based insults
• Gender discrimination in an activity, athletics, classroom, or academic program
• Offensive, severe, and frequent remarks about a person’s sex.
• Harassment of a sexual nature that interferes with your education.

 

 

Title IX and Sex Discrimination Office for Civil Rights U.S. Department of Education Office for Civil Rights 400 Maryland Avenue, SW Washington, D.C. 20202-1328 Revised August 2021

Additional Resources U.S. Department of Education Colorado Organization for Victim Assistance RAINN Know Your Rights

 

Reporting a Title IX Complaint

A form for completing a report of discrimination or harassment in violation of Title IX can be found below.

 

Directions: Please fill out both sides of the form (click here), sign affirming your statements, and submit to Title IX Coordinator Stephanie McClary [email protected]; or drop off at 200 S. Fulton Ave. Fort Lupton, CO 80027 District Administrative Office.

 

When this form has been completed and signed by you, and then signed by the Title IX Coordinator your complaint has been properly received and noted by Weld Re-8 Public Schools. 

 

Title IX Sexual Harassment Grievance Process
The District will promptly respond to all allegations of sexual harassment that occur in a District school’s education program or activity. All reports and written reports of sexual harassment from students, District employees, and third parties should be immediately forwarded to the District’s Title IX Coordinator. Upon receipt, the Title IX Coordinator will follow up consistent with the District’s Title IX Sexual Harassment Grievance Process found below.

 

You can file a Title IX Complaint Form online by clicking here. You may also fill out a complaint form available in your counseling office and the District Administrative office or speak to an Administrator. In addition, you may report a concern verbally or by email to Title IX Coordinator, Stephanie McClary, at [email protected] or phone by 303-587-3217.

 

Students may also contact the Department of Education Office for Civil Rights to report sexual harassment by writing a letter or filing a complaint form, available here. 

 

Complaints will be screened by the Title IX Coordinator to determine if the complaint meets mandated Title IX criteria. If the complaint does not meet Title IX criteria, the issue will be referred to student conduct code for review and discipline. 

 

In order for a complaint to qualify for a Title IX inquiry, the District must have Substantial Control over both the Accused and Context in which the alleged incident (s) occurred. The accused must be a student or staff member. The Context, or location, in which the incident (s) occurred must have occurred on campus or in the classroom, at an off-campus-sponsored event, or at an off-campus building or field owned by the District. In addition; 

 

The alleged harassment must be considered severe, pervasive, AND objectionably offensive (all three) by a reasonable person OR a crime (even a one-time offense) as defined by the Cleary Act including Rape, Sex Assault, Dating Violence, Domestic Violence, or Stalking 

 

There are two options regarding Title IX inquiries. If a complaint qualifies as a Title IX issue, the school or district may conduct an Informal Resolution or a Formal Investigation. 

 

Both parties, the Complainant and the Accused, may agree to an informal resolution. An Informal Resolution may include mediation, agreed separation, student discipline, or ongoing support measures. Informal resolutions can be individualized but must be signed. 

 

A Formal Investigation must include the following steps and will take a minimum of 30 days to complete. Investigations may take longer due to workloads and availabilities. 

 

1. Signed complaint received. Support measures enacted if needed. 
2. A decision on complaint jurisdiction will be made by the Title IX Coordinator. 
3. A decision between an Informal Resolution and a Formal Investigation must be made. 
4. Notice of formal investigation will be sent to both parties if an informal inquiry is not agreed upon. Parties may retain Advisors which may include: Attorneys, parents, advocates, etc. 
5. Review and collection of evidence: Notice of all interviews will be sent to both parties. 
6. Both parties will be given 10 days to inspect evidence and provide written responses. 
7. Prepare Report: A draft of the investigative report will be sent to both parties for review. Both parties will have 10 days for review and have the chance to provide additional 

written responses. 

1. Final report: The investigative report will be sent to the Decision Maker for review. 
2. Both parties may submit written questions to the other party, through the Decision Maker, as a cross-examination. Certain questions may be screened out if they concern a party's sexual history or are not considered relevant by the Decision-Maker. 
3. The decision of Violation or No-Violation will be made by the Decision Maker. Notice of decision and consequences, if applicable, will be sent to both parties in writing. 
4. An appeal request may be filed by either party within 5 days of the written determination. 
5. Appeals may be filed on specific terms including; procedural irregularity, new evidence availability, or bias on the part of the investigator or decision-maker. 
6. Appeal review and determination will be conducted by different or new personnel.

 

The Formal Title IX Investigation (Flowchart)

This document outlines Weld Re-8 Schools’ Title IX complaints process.

Substantial Context Control is defined as 

1. On-campus; in or during online class
2. Off-campus location owned or controlled by School District
3. Off-campus, school-sponsored event

Substantial Control over Accused is defined as

1. Current Student
2. Current Employee

 

A complainant may withdraw their complaint or agree to an Informal Resolution at any time. Note: Identities of the complainant and witnesses cannot be kept confidential per new OCR requirements.

 

You have the right to an Advisor and have them present with you during questioning. Advisors for both parties can be Attorneys, Parents, Advocates, or any person of choosing. You may request Support Measures during the course of the investigation. Support measures must not be punitive. Measures that may be requested by either party may include safety escorts, class re-assignment, locker re-assignment, counseling, mediation, assigned entrances and exits, assigned parking spots, assigned lunch tables, staff check-ins, no-contact orders, modified hallway passing periods, etc. 

 

Every complainant and accused has the right to be notified, in writing, of the outcome of the complaint and their right to appeal the outcome. Even though privacy laws limit disclosure of certain information in disciplinary proceedings, schools must disclose to the complainant, information about any sanctions imposed on the accused when the sanction directly relates to the complainant. 

 

You may withdraw your school-based Title IX complaint at any time. However, if a crime is alleged, it still must be reported to the police. All Weld Re-8 Employees are mandated, reporters. Accused students and staff have the right to know who is filing a complaint against them and the names of all identified witnesses. Both parties will have access to all evidence