Preventing and Addressing Sexual Harassment of Students
Our school district has a strict zero-tolerance policy for sexual harassment of students by anyone—school employees, other students, or outside individuals. We are committed to investigating and resolving all such allegations. Additionally, any reports of sexual harassment will also be investigated under our state’s anti-bullying laws.
What is Sexual Harassment?
Sexual harassment is defined as sex-based conduct that meets one or more of these conditions:
- A school employee offers a benefit or service in exchange for a student’s participation in unwelcome sexual conduct.
- The unwelcome conduct is so severe, pervasive, and objectively offensive that it effectively prevents a student from having equal access to the school’s educational programs or activities.
- It includes sexual assault, dating violence, domestic violence, or stalking.
- A Complainant is a currently enrolled student who alleges they were subjected to sexual harassment. Parents can act on behalf of the Complainant.
- A Respondent is the individual accused of sexual harassment. Parents can also act on behalf of the Respondent.
- The Title IX Coordinator is the person designated by the Board to oversee compliance with sexual harassment regulations. They may also be the investigator but cannot be the decision-maker.
- An Investigator is a staff member who investigates the allegations.
- A Decision-maker is a staff member who objectively evaluates the evidence and determines responsibility. They cannot be the Title IX Coordinator or the Investigator.
- Education program or activity refers to locations, events, or circumstances where the school has significant control over both the accused individual and the situation where the harassment occurred.
- A Formal Complaint is a document filed by the Complainant or signed by the Title IX Coordinator, alleging sexual harassment and requesting an investigation.
Reporting and Notification
Sexual harassment can occur electronically or on school-used online platforms.
Anyone can report sexual harassment, whether they are the alleged victim or not. Reports can be made in person, by mail, phone, email, or any other way that reaches the Title IX Coordinator. Reports can be made at any time, even outside business hours.
If the school district becomes aware of potential sexual harassment, it must respond promptly and appropriately. Awareness means any school employee receives a complaint or observes behavior that could be harassment. All school employees are required to report such information to the Title IX Coordinator. In addition to our internal response, any potential child abuse will be reported to law enforcement and child welfare authorities.
The district must offer supportive measures to the Complainant, even if the Respondent is no longer enrolled or employed by the district. If the Respondent leaves after a formal complaint is filed, the complaint may be dismissed, but supportive measures must still be offered to the Complainant.
The Title IX Coordinator will ensure clear public notice that the school district does not discriminate based on sex in its educational programs. The Title IX Coordinator’s contact information and this regulation will be prominently displayed on the district’s website and in handbooks.
Supportive Measures
Supportive measures are non-disciplinary, non-punitive, individualized services offered free of charge to the Complainant or Respondent (and witnesses, if appropriate) before or after a formal complaint is filed, or even if no formal complaint is filed.
The Title IX Coordinator maintains consistent contact to ensure the safety and well-being of those involved. These measures are generally short-term and re-evaluated periodically. If needed, the Title IX Coordinator will arrange continued assistance after the resolution process concludes.
Grievance Process
The district uses a formal grievance process for sexual harassment complaints. Parents, students, unions, associations, and staff will be notified of these procedures and the Title IX Coordinator’s contact information.
The district cannot force parties to waive their right to an investigation or adjudication, nor can it require participation in informal resolution processes for sexual harassment claims unless a formal complaint has been filed.
Upon receiving a formal complaint, the Title IX Coordinator will notify all known parties in writing and provide the Investigator with the complaint. The Investigator will then gather all relevant information and evidence. While the Investigator is responsible for collecting evidence, parties are encouraged to present their own evidence and witnesses. The Investigator will create a report, which is then provided to the Decision-maker.
The Decision-maker, who is separate from the Title IX Coordinator and Investigator, will issue a written determination of responsibility, using a “preponderance of the evidence” standard (meaning it’s more likely than not that harassment occurred). This standard applies equally to complaints against students and employees.
The Decision-maker will facilitate a written question-and-answer period where each party can submit relevant questions for the other party and witnesses. After reviewing all responses and evidence, the Decision-maker will issue a written determination.
This written determination will include:
- Identification of the alleged sexual harassment.
- A description of the steps taken during the process.
- Factual findings supporting the decision.
- The outcome for each allegation, including any disciplinary actions against the Respondent and remedies for the Complainant.
- Information on appeal procedures.
This determination will be provided to both parties simultaneously, typically within 60 calendar days of receiving the complaint (excluding appeal time). Remedies that do not directly affect the Respondent will not be disclosed in the written determination.
Appeals
Both parties have the right to appeal a determination of responsibility or the dismissal of a formal complaint. An appeal officer, separate from the Decision-maker, Investigator, and Title IX Coordinator, will be designated for each appeal. Both the Complainant and Respondent have an equal opportunity to appeal the decision and any sanctions. The district administers the appeal process but does not advocate for either side.
Appeals can only be made on specific grounds, which must be identified in the written appeal:
- A significant procedural error that affected the outcome.
- New evidence that was unavailable during the initial investigation and could have changed the outcome.
- A conflict of interest or bias by the Decision-maker that affected the outcome.
- The determination was unreasonable based on the evidence presented.
- The sanctions were disproportionate to the findings.
Appeals must be submitted in writing to the Title IX Coordinator within ten calendar days of receiving the determination, clearly stating the grounds and supporting arguments. The other party will be notified and given ten calendar days to respond in writing. Parties may also meet separately with the appeal officer to discuss sanction proportionality.
The appeal officer will review all evidence and statements, issuing a written decision to both parties within twenty calendar days of receiving the appeal.
Remedies
The Title IX Coordinator is responsible for implementing any determined remedies. After the Decision-maker’s written determination, the Title IX Coordinator will facilitate sanctions and remedies. The appropriate school official, in consultation with the Title IX Coordinator, will determine the sanctions and remedies, which may be adjusted after any appeal. The district must inform the Complainant of any sanctions imposed on the Respondent that directly relate to the Complainant, if necessary to ensure equal access to education.
Even if conduct doesn’t meet the strict definition of sexual harassment, it may still violate other laws or school policies and will require an appropriate response to prevent recurrence and address its effects.
Parent Rights
Parents are allowed to exercise their child’s rights under these guidelines, including requesting supportive measures, filing a formal complaint, or participating in the grievance process. Parents may accompany their child to meetings, interviews, and hearings to act on their behalf. Students may also have an additional advisor.
Training and Compliance
The Superintendent or designee ensures that all staff involved in the process (Title IX Coordinators, investigators, decision-makers, appeal officers, and informal resolution facilitators) receive required training. They will also consult with legal counsel to ensure compliance with relevant regulations.
Anti-Bullying Act Requirements
Whenever a report or formal complaint of sexual harassment is made, the Title IX Coordinator will forward it to the Principal of the alleged victim’s school. The Principal will then follow the requirements of the state’s Anti-Bullying Bill of Rights Act.
For further clarification, please refer to the North Hunterdon-Voorhees District & Board of Education Policies and Regulations.
