Reporting
Posted August 25, 2021
Title IX Policy
Policy: Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence, Stalking and Retailiation
The Board is committed to the prevention and elimination of sexual harassment. This policy applies to students, staff, parents/legal guardians, volunteers and other third parties participating in school-related activities who may be subjected to sexual harassment in a virtual setting via e-mail, phone, and other forms of communication, as well as at in person at school-sponsored events such as field trips, state testing, graduation events, etc.
Sexual harassment in any form is strictly prohibited, shall not be tolerated, and may result in disciplinary action. This includes sexual harassment of students, staff, or other third parties attending school-related events by other students, staff, Board members or third parties. “Third parties” include, but are not limited to, school volunteers, parents/legal guardians, school visitors, service contractors, or others engaged in the school business such as employees of businesses or organizations participating in cooperative work programs with the district, and others not directly subject to school control at inter school and intra-school events.
School includes all physical and virtual school facilities, such as Canvas, Google Suite, all virtual classroom settings as well as physical school premises and non-school property if the student or parent/legal guardian is at any school-sponsored, school-approved or school-related activity or function, such as field trips or where persons are engaged in school activities.
Sexual harassment of students, staff, parents/legal guardians or third parties shall include, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, written, or physical conduct of a sexual nature when:
A demand or request for sexual favors in exchange for benefits;
Unwelcome conduct of a sexual nature that is physical, verbal, or nonverbal and that interferes with a student’s educational program or activity or that creates an intimidating, offensive or hostile educational environment; unwelcome conduct of a sexual nature that is physical, verbal or nonverbal that interferes with the staff member’s ability to perform the job or that creates an intimidating, offensive or hostile work environment; or unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that creates an intimidating, offensive or hostile environment; and
Assault, dating violence or stalking: when sexual contact occurs without the student’s, staff member's or third party’s consent because the student staff member or third party is under the influence of drugs or alcohol, is unconscious or is pressured through physical force, coercion or explicit or implied threats.
Sexual Harassment is a form of discrimination and is subject to federal and state laws regarding civil rights. Examples of sexual harassment may include, but not be limited to physical touching or graffiti of a sexual nature, displaying or distributing sexually explicit drawings, pictures and/or written materials, making sexual gestures or telling obscene jokes, touching oneself sexually or talking about one’s sexuality in front of others, any unwelcome sexual advances, commenting on or spreading rumors about or rating other students or others based on appearance, sexual activity or performance.
When evaluating sexual harassment or civil right complaints relevant factors to be considered will include, but not be limited to: did the reporting or impacted individual view the environment as hostile; was it reasonable to view the environment as hostile; the nature of the conduct; how often the conduct occurred and how long it continued; age and sex of the complainant; whether the alleged harasser was in a position of power over the student or parent/legal guardian subjected to the harassment; number of individuals involved; age of the alleged harasser; where the harassment occurred; and other documented incidents of sexual harassment at the school involving the same or other students or their parent(s)/legal guardian(s).
All complaints about behavior that may violate this policy will be promptly investigated pursuant to the Title IX, Civil Rights, and Sexual Harassment Complaint Procedure set forth later in this policy. Any staff member, student or parent/legal guardian who has knowledge of conduct in violation of this policy or feels he/she/they is a victim of sexual harassment must immediately report his/her/their concerns to the Title IX Coordinator, who has overall responsibility for all investigations. A student may also report concerns to a teacher, counselor, or other school official, who will promptly notify the appropriate school administrator.
The initiation of a complaint in good faith about behavior that may violate this policy shall not adversely affect the educational assignments or study environment of a student complainant, nor any terms or conditions of involvement in educational duties or participation in school activities of the parent/legal guardian. Retaliation against any person who is a victim of, who reports, is thought to have reported, or files a complaint about an act of harassment, intimidation or bullying, an act of cyberbullying, or teen dating violence, or otherwise participates in an investigation or inquiry is strictly prohibited. A person who engages in retaliatory behavior will be subject to consequences and appropriate remedial action. Making false charges shall also be regarded as a serious offense and will result in disciplinary consequences and appropriate remedial action. There shall be no retaliation by the school or Board against any person who, in good faith, reports, files a complaint, or otherwise participates in an investigation or inquiry of sexual harassment. It is the intent of the Board that appropriate corrective action will be taken by the school to stop the sexual harassment, prevent its recurrence and address any negative consequences of the harassment.
Any employee who has knowledge of incidents of sexual harassment that took place as described in this policy shall immediately report the incident to the principal or supervisor. Failure of an employee to report an act of harassment, intimidation, bullying, teen dating violence, assault or an act of cyberbullying to supervisors may be subject to remedial action, up to and including dismissal.
All complaints or reports about behavior that may violate this policy shall be promptly investigated. Any staff member who becomes aware of behavior that may violate this policy shall immediately report to a school official so that the school official (and the reporting staff member when the victim of the harassment is a student or third party) may coordinate efforts to take any action necessary to ensure the:
1. Student is protected and to promote a non-hostile learning environment;
2. Staff member is protected and to promote a non-hostile work environment; or
3. Third party who is subjected to the behavior is protected and to promote a non-hostile environment.
This includes providing resources for support measures to the student, staff member or third party who was subjected to the behavior and taking any actions that are necessary to remove potential future impact on the student, staff member or third party, but are not retaliatory against the student, staff member or third party being harassed or the staff member who reported to the district official. This may include, but is not limited to referral to counseling, safety planning, and no contact orders.
Students in violation of this policy shall be subject to discipline up to and including expulsion and/or counseling or sexual harassment awareness training, as appropriate. The age and maturity of the student(s) involved and other relevant factors will be considered in determining appropriate action. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the School Leader or Board.
Additionally, the school may report individuals in violation of this policy to law enforcement officials as appropriate. Licensed staff, staff registered with the Teacher Standards and Practices Commission (TSPC) and those participating in practicum programs, as specified by Oregon Administrative Rules, shall be reported to the TSPC. The School Leader shall ensure appropriate periodic sexual harassment awareness training or information is provided to all students, parents/legal guardians, and that annually, the name and position of any and all school and/or Board officials responsible for accepting and managing sexual harassment complaints, and their contact information, is readily available. This policy as well as the complaint procedure will be made available to all students and parents/legal guardians in the school handbooks. The policy and the complaint procedure will also be posted in the school’s office.
Title IX, Civil Rights, and Sexual Harassment Complaint Procedure
Oregon Charter Academy has jurisdiction over complaints. Individuals that report complaints via this process are guaranteed to be protected against retaliation for filing a grievance. In all cases of reported violations, Oregon Charter Academy will use a preponderance of the evidence as the evaluative standard used to resolve complaints. The rights established under Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, as amended (ADA), the Agre Discrimination Act of 1975, and the Individuals with Disabilities Education Act of 2004 (IDEA) must be interpreted consistently with any federally guaranteed due process rights. Individuals have a right to file a criminal complaint and a Civil Rights, Title IX, or Sexual Harassment complaint simultaneously. Daniel Vasen and Lori Walter are the school’s designated Title IX Coordinators. (TitleIX@oregoncharter.org)
Complaints regarding suspected prohibited behavior, violations of school policy or other wrongful conduct shall be presented to the Title IX Coordinator in this manner:
Reporting A report can be submitted by anyone. Written reports regarding any suspected prohibited behavior may be submitted to the school’s administration via this electronic form. Should the School Leader be the subject of the complaint, the complaint should be made to the Board Chair. All such information shall be submitted in writing and will include the specific nature of the complaint and corresponding dates. The complainant must furnish sufficient background material concerning the sexual harassment so as to identify the person(s) and action(s) that led to the allegation in order for the school to take action to make the harassment stop. If the student, parent or staff member reports the matter but declines to complete a complaint form, the principal or designee shall complete the complaint form, noting that the student parent, or staff member has declined to complete the form. Complainants may submit anonymous reports however this may limit the ability of the school administration to investigate the incident. Upon receipt of a complaint from a student or the student’s parents, a staff member or a third party alleging behavior that may violate this policy, the school shall provide written notice as required by Oregon Revised Statute (ORS) 342.704(5) to the complainant.
Investigating the complaint A designated school official shall promptly initiate an investigation into the allegations set forth in the complaint. He/she/they will arrange such meetings as may be necessary to discuss the issue with all concerned parties within five days, or as soon thereafter as possible depending upon the allegations, after receipt of the complaint.An investigation should include interviews with the complainant, witnesses, and the alleged harasser. Interviews should be documented, including statements by the complainant and witnesses describing each action which may constitute sexual harassment, and other information which will help determine the validity of the complaint.
The investigator should maintain a compassionate, non-judgmental demeanor and ask open- ended questions to obtain as full and fair record of the alleged misconduct as possible.
If the alleged harassment would constitute child abuse, and there is reasonable suspicion that the allegations are true, an immediate report must be made in accordance with ORS 419B.010.
The investigation should begin with an interview of the complainant. An advisor of choice may be present. In conducting the interview, the investigator should objectively ask about all instances of sexual harassment, if there are other individuals who may have complaints, and if there were any witnesses to any of the conduct. The investigator should not prejudge either side, should not give the appearance of prejudging, and should use whatever techniques are necessary to help the complainant tell the story. In no event shall the complainant and alleged harasser be interviewed together. The investigator should remind the complainant that the district’s policy prohibits ongoing sexual harassment and retaliation and encourage him/her to come forward if there is further sexual harassment or retaliatory conduct.
In most cases, the second step of the investigation should be interviewing witnesses and gathering information to interview the alleged harasser. Witnesses may have seen the events and may be able to describe the conduct as well as the complainant’s reaction or response. They may also have witnessed other events or incidents corroborating or disproving the versions of the complainant or the alleged harasser. Witnesses should be advised that the conduct under investigation is sensitive and confidential (except to the extent the witness may be called to testify if the matter goes to hearing or trial), and should not be discussed outside of the investigation.
In interviewing the alleged harasser, the investigator should remind the individual of their due process rights, review the complainant’s allegations and give the alleged harasser an opportunity to admit, deny, or explain the circumstances. An advisor of choice may be present during the alleged harasser interview. The investigator should also ask the alleged harasser for names of witnesses that may substantiate his/her position. The alleged harasser should be reminded of the district’s policy against sexual harassment and that retaliatory conduct is prohibited. The alleged harasser should also be told he or she is not to make any contact with the complainant pending the conclusion of the investigation.
A complainant may withdraw his or her complaint at any time. The Title IX Coordinator will then determine if the investigation should be pursued or other action taken.
Upon conclusion of the investigation, a draft written report will be given to all parties and their advisors. 10 days are allowed to review and respond to the report in writing. The investigator will receive the responses and finalize the report. The finalize report is submitted to all parties and allowed at least 10 days before the decision making process.
3. The Decision Making ProcessThe decision-making process must include:
Independent review of the investigative report and all directly related evidence, as well as party responses, by a person who did NOT serve as the investigator.
A “modified cross-examination” process of allowing parties to submit written questions, read written responses, and submit limited follow-up questions.
The decision maker shall respond in writing to the complainant, the alleged harasser, and the parents/guardians of each within fourteen (14) days with one of the following three statements:
(1) that the school does not have adequate evidence to conclude that harassment occurred;
(2) that sexual harassment occurred, and delineating the corrective actions the school intends to take; or must take appropriate action to make the harassment stop.
Sanctions are disciplinary measures imposed on the respondent and may include requiring training and counseling to discharge or expulsion based on the behavior.
Remedies are designed to restore educational access for the complainant.
(3) that the investigation is incomplete to date and will be continuing.
The complainant and the alleged harasser should also be reminded of the district’s commitment to enforcing the sexual harassment policy, and the complainant should be encouraged to come forward with any new or continuing concerns of sexual harassment or retaliation. The investigator should periodically check with the complainant as the investigation continues to see if other concerns have arisen.
This written notification shall include the outcome of the investigation to the extent allowable under state and federal student confidentiality laws. A copy of the notification letter, together with any other documentation related to the incident, including disciplinary action taken or recommended, shall be forwarded to the Board Chair and the Title IX Coordinator.
Regardless of finding, supportive measures may stay in place or be further implemented for the complainant and respondent.
4. Appeals
If either party is not satisfied with the decision, he/she/they may submit a written appeal to the School Board. Such appeal must be filed within 10 working days after receipt of the decision. The School Board or designee shall provide a written decision to the complainant within 10 working days, or as soon thereafter as possible depending upon the allegations, after receipt of the appeal.
All documentation related to complaints may become part of the student’s education record as appropriate. Additionally, a copy of all complaints and documentation will be maintained as a confidential file, to the extent allowed by law, and stored in the school office.
The HR Director shall report within 30 days the name of any person holding a teaching license or registered with Teachers Standards and Practices Commission (TSPC) or participating in a practicum under the Oregon Administrative Rules when, after appropriate investigation, there is reasonable cause to believe the person may have committed an act of violating the above policies. Non licensed staff will be reported to the Oregon Department of Education.
Reports of sexual contact with a student shall be given to law enforcement representatives or Services to Children and Families representatives as possible child abuse. In the event the School Leader is the subject of the investigation, reports, when required, shall be made by the Board Chair.
Any school employee who has reasonable cause to believe that another school employee or volunteer has engaged in sexual conduct with a student must immediately notify the Oregon Department of Human Services or a law enforcement agency, and must also notify his/her/their immediate supervisor. The district will provide annual training to school employees, parents and students regarding the prevention and identification of sexual conduct. The school will provide to employees at the time of hire a description of conduct that may constitute sexual conduct and a description of records subject to disclosure if a sexual conduct report is substantiated.
34 CFR Part 106.45(b)(10) of the 2020 Title IX Regulations requires the public sharing of materials used to train Title IX Coordinators and staff: