Title IX

Title IX Coordinator

Andrea Johnson

705 E 2nd Street

Hartford, SD 57033

605-528-6236

andrea.l.johnson@k12.sd.us

Title IX is a federal law, enacted in 1972 states: 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.

Title IX protects people from discrimination based on sex in educational programs or activities that receive financial assistance.  Under Title IX, discrimination on the basis of sex can include sexual harassment, which is defined as conduct on the basis of sex that satisfies one or more of the following:

  • An employee of the District conditioning the provision of aid, benefit, or service of the District on participation in unwelcome conduct;

  • Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;

  • Sexual assault, dating violence, domestic violence, or stalking, as defined by applicable law.

It is the policy of the West Central School District 49-7 that harassment is improper, unacceptable and shall not be tolerated and that no employee or student of the school district may harass another. Any employee or student will be subject to disciplinary action, including possible termination or expulsion, for violation of this policy.

Reporting

Reporting Incidents of Harassment Any person who believes he or she has been the victim of harassment as defined above by a student or an employee of the School District shall report the alleged acts immediately to the building principal or the Superintendent.

Investigation

Upon receipt of a written report alleging harassment, the Superintendent shall immediately authorize an investigation. This investigation may be conducted by School District officials or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Superintendent and the Human Rights Officer.

Resolution

Either a formal or informal resolution will be reached at the completion of either supportive measures or an investigation.  Parties involved will be notified of the resolution in writing.

Appeal

If any employee or student who files a written complaint is dissatisfied with the handling of that complaint, he or she may utilize the grievance procedure as described in the West Central School District’s Policy Manual.

TITLE IX INVESTIGATION PROCESS 

STEP 1 - GATHER INFORMATION

                Documents, files, audio recordings, video recordings, social media posts,

                cell phone records, anything related to the allegations made

 

STEP 2 - INTERVIEW COMPLAINANT

                Detailed account of the situation

                Relationship to the other party

                Potential witnesses

                Other details that may be pertinent

 

STEP 3 - INTERVIEW RESPONDENT

                Detailed account of the situation

                Relationship to the other party

                Potential witnesses

                Other details that may be pertinent

 

STEP 4 - SHARE INFORMATION WITH BOTH PARTIES

                Parties have 10 business days to review and respond

                Please provide response in writing to the Title IX Investigator of this case

STEP 5: INVESTIGATOR REVIEW AND DETERMINATION

 

STEP 6: DECISION MAKER REVIEW AND DETERMINATION

                The decision maker will ultimately determine if a violation exists.

                Must have 1 of 2 options to be a violation

                                1.  Preponderance of evidence standard of proof

                                                More proof than “probable cause”

                                2.  Clear and convincing evidence standard of proof

 

STEP 7 - SHARE INVESTIGATIVE REPORT AND DETERMINATION

                Parties have 10 business days to review and respond

                Please provide response in writing to the Title IX Investigator of this case

 

STEP 8 - FINAL REPORT AND DETERMINATION SHARED

                Including outcome

                Reasons for the determination

                Information for next steps or appeal process