District Title IX Coordinator
Director of Student Support Services
District Coordinator for Nondiscrimination Regarding Student-On-Student Complaints
Site-Level Grievance Procedure
(BP/AR 5131.2, BP/AR 5145.7, 5 CCR 4964)
To accommodate the investigation of sexual harassment, discrimination or bullying complaints, the District shall initiate a formal process to assure prompt and consistent action occurs to reach resolutions congruent with legal standards and considered fair to the complainant and the respondent. All complaints of sexual harassment, harassment, discrimination, bullying, or any behavior prohibited by the district's Nondiscrimination Policy – 5145.3, and Bullying Policy – 5131.2, shall be handled in accordance with the following procedure.
- "Complainant" means an individual who is alleged to be the target of conduct that could constitute sexual harassment, discrimination, or bullying.
- "Respondent" means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment, discrimination, or bullying.
- "Formal complaint" means a document filed by a complainant alleging sexual harassment, discrimination, or bullying against a respondent and requesting that the District investigate the allegation.
- "Supportive measures" means 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 complaint or where no formal complaint has been filed.
1. Notice and Receipt of Complaint: Students who believe they have been subjected to or have witnessed sexual harassment, discrimination, or bullying may file a complaint with any school employee. Within 24 hours of receiving a complaint, the school employee shall report it to the principal or District Coordinator for Nondiscrimination/Title IX Coordinator. In addition, any school employee who observes any incident of sexual harassment, discrimination or bullying involving a student shall, within 24 hours, report this observation to the principal or Title IX Coordinator, whether or not the target files a complaint.
2. Initiation of Investigation: The principal or Title IX Coordinator shall initiate an impartial investigation of an allegation of sexual harassment, discrimination or bullying within five school days of receiving notice of the allegation, regardless of whether a formal complaint has been filed. The District shall be considered to have "notice" of the need for an investigation upon receipt of information from the complainant, the complainant's parent/guardian, an employee who received a complaint from a student, or any employee or student who witnessed the behavior. Any principal or the Title IX Coordinator who receives an anonymous complaint or media report about alleged sexual harassment, discrimination or bullying shall determine whether it is reasonable to pursue an investigation considering the specificity and reliability of the information, the seriousness of the alleged incident, and whether any individuals can be identified who were subjected to the alleged behavior.
3. Initial Interview withComplainant: When a complainant has provided information about sexual harassment, discrimination or bullying, the principal or Title IX Coordinator shall describe the District's grievance procedure and discuss what actions are being sought. Complainant shall have an opportunity to describe the incident, identify witnesses who may have relevant information, provide evidence to support the allegation, and put the complaint in writing. Students who request confidentiality, shall be informed that such a request may limit the District's ability to investigate the complaint.
4. Investigation Process: The principal orTitle IX Coordinator shall keep the complaint and allegation confidential, except as necessary to carry out the investigation or take other subsequent necessary action. The principal or Title IX Coordinator shall interview individuals who are relevant to the investigation, including, but not limited to, the complainant, the respondent, anyone who witnessed the reported harassment, discrimination or bullying, and anyone mentioned as having relevant information. The principal or Title IX Coordinator may take other steps such as reviewing any records, notes, or statements related to the allegation or visiting the location where the incident is alleged to have taken place. When necessary to carry out the investigation or to protect student safety, the principal or Title IX Coordinator also may discuss the complaint with the Superintendent or designee, the complainant's parent/guardian, the respondent's parent/guardian, a teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth, law enforcement and/or child protective services, and district legal counsel or the District's risk manager.
5. Supportive Measures: The principal or Title IX Coordinator shall determine whether supportive measures are necessary during and pending the results of the investigation such as placing students in separate classes or transferring a student to a class taught by a different teacher.
6. Optional Mediation:For student-on-student harassment, discrimination, or bullying, when complainant and respondent so agree, the principal or Title IX Coordinator may arrange for them to resolve the complaint informally with the help of a counselor, teacher, or administrator. Complainant shall never be asked to work out the problem directly with the respondent unless such help is provided and both parties agree. Complainant shall be advised of the right to end the informal process at any time.
7. Factors in Reaching a Determination
(a) In reaching a decision about the complaint, the principal or Title IX Coordinator may consider:
(i)Statements made by the persons identified above
(ii)The details and consistency of each person's account
(iii)Evidence of how the complainant reacted to the incident
(iv)Evidence of any past instances of harassment, discrimination or bullying by the respondent
(v)Evidence of any past harassment, discrimination or bullying complaints that were found to be untrue
(b)To judge the severity of the alleged misconduct, the principal or Title IX Coordinator may take into consideration:
(i) How the misconduct affected one or more students' education
(ii) Type, frequency, and duration of the misconduct
(iii)Identity, age, and sex of the complainant and respondent, and the relationship between them
(iv)Number of persons engaged in the misconduct and at whom the harassment, discrimination or bullying was directed
(v) Size of the school, location of the incident(s), and context in which they occurred
(vi)Other incident(s) at the school involving different students
8. Written Report on Findings and Follow-Up: No more than thirty days after receiving the complaint, the principal orTitle IX Coordinator shall conclude the investigation and prepare a written findings report. This timeline may be extended for good cause. If an extension is needed, the principal or Title IX Coordinator shall notify the parties and explain the reasons for the extension. The report shall include the decision and the reasons for the decision and shall summarize the steps taken during the investigation. If it is determined that misconduct occurred, the report shall also state that corrective actions have been taken to address the misconduct and prevent any retaliation or further harassment, discrimination, or bullying. This report shall be presented to the complainant, respondent, their respective parents/guardians, and the Superintendent or designee. In addition, the principal or Title IX Coordinator shall ensure that the complainant and their parent/guardian are informed of the procedures for reporting any subsequent problems. The principal or Title IX Coordinator shall make follow-up inquiries to see if there have been any new incidents or retaliation and shall keep a record of this information.
The Superintendent or designee shall take appropriate actions to reinforce the District's sexual harassment policy. As needed, these actions may include any of the following:
1. Removing vulgar or offending graffiti
2. Providing information to students, staff, and parents/guardians about how to recognize harassment,discrimination, or bullying, and how to respond
3. Disseminating and/or summarizing the District's policy and regulation regarding sexual harassment,discrimination, or bullying
4. Communicating the school's response to parents/guardians and the community which are consistent with the laws regarding the confidentiality of student and personnel records
5. Taking appropriate disciplinary action
Disciplinary measures may be taken against any person who is found to have made a complaint of sexual harassment, discrimination or bullying which the complainant knew was not true.
Stephanie Johnson | Director, Student Support Services, Title IX Coordinator,
District Coordinator for Nondiscrimination Regarding Student-On-Student Complaints
Chino Valley USD | 5130 Riverside Drive, Chino, CA 91710 | (909) 628-1202, Ext. 7750
www.chino.k12.ca.us | email@example.com
Office for Civil Rights:
If the matter is not resolved for sexual harassment or discrimination, at the Chino Valley USD level, the complainant may contact, San Francisco Office, Office for Civil Rights, U.S. Department of Education, 50 United Nations Plaza, Mailbox 1200, Room 1545, San Francisco, CA 94102. Telephone: 415-486-5555; FAX: 415-486-5570; TDD: 800-877-8339 Email: firstname.lastname@example.org