Non-Discrimination Policy

It is the policy of the Holt Board of Education that it does not discriminate on the basis of race, color, national origin, sex (including sexual orientation and transgender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information, or any other legally protected category, (collectively, "Protected Classes") in its programs and activities, including emplyment opportunites and programs. The District reaffirms its long-standing policy of compliance with all applicable federal and state laws and regulations prohibiting discrimination. For more information, please select a section below.

 

Titles VI and VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of race, color or national origin. Please direct any questions that you may have to:

Erin Quinlan
Director, Human Resources
5780 W. Holt Rd.,
Holt, MI 48842
517-694-6392

You also may also inform us of a discriminatory act by completing this form


Overview of Title VI of the Civil Rights Act of 1964

Overview of Title VII of the Civil Rights Act of 1964

The purpose of these procedures is to secure, at the lowest possible level, prompt and equitable resolutions of complaints based on discrimination in violation of District policies that prohibit discrimination. These procedures shall be available in every school site administrative office.

DEFINITIONS

  • Complainant: A complainant is a student or employee of the District who submits a complaint alleging discriminatory action
  • Respondent: the person alleged to be responsible for the prohibited conduct alleged in a complaint. 
  • Day: The calculation of days in complaint processing, except as otherwise expressly provided, shall exclude Saturdays, Sundays, and federal, state and school holidays or closures. 
  • Complaint Submission Date: the date on which a written complaint was received by the Responsible Administrator. 
  • Responsible Administrator: the administrator designated by the Superintendent, as appropriate to conduct this investigation
  • Neutral and objective investigator/administrator: an administrator or designated investigator who is not the subject of a complaint or is not a Complainant.

PROCEDURAL REQUIREMENTS

  • Time Limits.  A complaint under this procedure should be filed as soon as possible after the time of occurrence of the alleged violation(s). Failure of a complainant or appellant to comply with any time limitation in the complaint procedure may result in dismissal of the complaint and/or denial of the appeal. Dismissal shall not preclude the individual's right to pursue the complaint through other appropriate external agencies. If a district representative fails to comply with any time limitation in the complaint procedure, the Complainant may immediately proceed to the next level permitted by these Procedures. 
  • Service.  Service of any notice or decision provided for under this procedure shall be deemed effective on the person served as of the date of delivery, if personally served, faxed or emailed, or effective three (3) calendar days of deposit by first class mail if delivered by mail.
  • Confidentiality. Confidentiality will be maintained to the greatest extent possible. Any information gathered during an informal procedure may be used during a formal procedure, if initiated. While there can be no assurance of complete confidentiality, complaints under this procedure will be treated as sensitive information not to be shared with others except in limited circumstances.
    • Examples f exceptions to maintaining confidentiality include:
      • information the law requires to be reported.
      • information imparted to others in supervisory positions in order to further an investigation or halt a discriminatory practice.
      • information given to the respondent in order to have sufficient information to respond to the allegations.

The District will take all reasonable steps to investigate and respond to a complaint consistent with a request by the complaining party not to disclose his/her name. However, such requests for confidentiality may limit the District's ability to adequately investigate and respond to the allegations raised in the complaint. 

Requests for confidentiality, therefore, will be evaluated in the context of the District's responsibility to provide a safe and nondiscriminatory environment for all students, and the request will be weighed against whatever factors the District deems relevant, including, without limitation:

  • the complainant's age;
  • circumstances that suggest there is an increased risk of future acts of discrimination
  • whether the District possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).

All parties to a grievance, including the Complainant, Respondent and witnesses, have privacy interests and, therefore, all parties should be cautioned not to divulge or publicize the nature of the proceedings or the identity of those involved outside the scope of the investigation.

INFORMAL AND FORMAL PROCESSES

INFORMAL RESOLUTION PROCESS
 
  • Initiation of the informal complaint procedures requires a written complaint. All written complaints regarding discrimination in violation of Title VI or VII will be submitted to Erin Quinlan, Director of Human Resources, or call 517-694-6392 per the grievance form found on the district website or here.
  • Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. No formal investigation is involved in the informal resolution process, and the informal resolution process shall not be considered a precondition for the filing of a formal written complaint. 
  • A written request for informal resolution must be made within ten (10) days of the date of the alleged incident. The school principal or designee shall determine whether the nature of the problem is such that it is likely to be resolved by agreement on an informal basis. 
  • Methods for informal resolution may include, but are not limited to, coaching the person on how to directly address a situation which is causing a problem; mediating the dispute with the parties; developing written behavior expectations of the alleged offender to redirect conduct; assisting with the resolution of a real or perceived problem; or arranging a documented meeting with the alleged offender that involves a discussion of the discrimination policies and requirements for compliance. 
  • The principal or designee shall document any informal resolution, and a copy of such documentation shall be forwarded to the Director of Human Resources within three (3) days of resolution. 
FORMAL COMPLAINT PROCEDURES
 
  • Initiation of the formal complaint procedures requires a written complaint. All written complaints regarding discrimination in violation of Title VI or VII will be submitted to Erin Quinlan, Director of Human Resources, or call 517-694-6392.

Step 1 - Reporting Complaints

  • The Complainant may obtain a Grievance Form from the Human Resources Department, school principal, or the District website. The Complainant may attach a written narrative explaining the nature of the complaint to the form. The Grievance Form or narrative shall contain information that describes the conduct that has violated discrimination, and identify with reasonable particularity the respondent(s) and any witnesses to the alleged conduct. 
  • If the Complainant is unwilling or unable to provide a written statement including the information set forth above, but nonetheless expresses their intent to file a formal written complaint, the Responsible Administrator shall ask for such details in an oral interview and file a written complaint on behalf of the Complainant. In the event the Complainant is a student with disabilities, the Responsible Administrator will carefully review the reporting student’s IEP or 504 plan to determine what specific accommodations that child should have to aid in their reporting such written complaint.
  • Any District employee who either reasonably believes a student or staff member has been discriminated against or who receives a complaint of discrimination (or staff member on behalf of a student) through informal verbal communication or other means (such as email) shall immediately take the following steps to preserve evidence in the event that a written complaint is filed:
    • Report the incident to the School Principal or Departmental Director  (Responsible Administrator)
    • The Responsible Administrator shall obtain written statements from all witnesses to the incident, including staff, students and, if appropriate third parties;
    • In the event that the incident meets the definition of discrimination, the Responsible Administrator shall file the report with the Human Resources department
    • The Responsible Administrator shall preserve any evidence of the incident, including, without limitation, incident reports, text messages, images, postings on social media and available video recordings from security cameras.
  • The above requirements are not intended to limit any District employee’s right to file a written complaint pursuant to these Procedures if that individual so chooses.

Step 2 - Determining Applicability of the Procedures

The Responsible Administrator shall initially review the written complaint to determine whether the matter falls within the scope of these procedures. Within ten (10) days after the Complaint Submission Date, the Responsible Administrator shall initiate an investigation of the matters alleged, or inform the Complainant in writing that the matters alleged in the complaint are not within the jurisdiction or authority of the District to investigate and that the District will not carry out any further investigation. If the matter does not involve allegations of discrimination within the scope of these procedures, the Responsible Administrator shall forward the matter to the proper District administrative authority for review, if appropriate.

Step 3 - Investigation

The Responsible Administrator shall oversee that an adequate, reliable and impartial investigation of the complaint is conducted by the principal or designee of the school site where the student is enrolled, the employee is assigned, and/or where the alleged discrimination occurred.  In order to provide a neutral and objective investigation, neither the Responsible Administrator, nor the principal or designee conducting the investigation shall be a party to the complaint in the investigation.   In the event that the principal or his/her designee is not a neutral party, the Responsible Administrator shall designate a neutral and objective administrator to conduct the investigation. In the event that the Responsible Administrator is not a neutral party, the Superintendent shall designate a neutral and objective administrator to oversee the investigation. Where appropriate, the Responsible Administrator may contact the office of the General Counsel who may designate an attorney to conduct or assist in the investigation subject to the oversight of the Responsible Administrator.

In conducting the investigation, the designated investigator shall interview all parties identified in the complaint and other witnesses that the investigator determines may provide information relevant to resolving the complaint allegation(s). Both the Complainant and Respondent shall have the opportunity to identify witnesses to be interviewed and provide documentation or other evidence for the designated investigator to review.  The Responsible Administrator shall consider the evidence compiled by the designated investigator and take whatever additional actions the Responsible Administrator deems necessary to complete the investigation. 

The Responsible Administrator will maintain documentation of all proceedings, which may include written findings of facts, transcripts, notes, or audio recordings.

Step 4 - Notice of Resolution

  • Notice. The Responsible Administrator shall notify both the Complainant and Respondent in writing within sixty (60) days from the Complaint Submission Date of the results of the investigation. 
  • Written Determination. The Responsible Administrator shall consider the totality of the evidence and determine whether the preponderance of the evidence establishes that the alleged discrimination occurred (i.e., it is more likely than not that discrimination/sexual harassment/sexual violence occurred). 
  • If the Responsible Administrator determines that the preponderance of the evidence does not support the allegations of discrimination, the Complainant may appeal the determination. 
  • If the Responsible Administrator determines that the preponderance of the evidence supports the allegations of discrimination by the Respondent, the Responsible Administrator shall provide written findings and conclusions supporting the determination. In addition, the written determination shall make recommendations for (A) immediately ending the discriminatory conduct; (B) ways to remedy the discriminatory effects of any discriminatory behavior on the complaining party and, if applicable, the District's educational environment, and (C) the steps to be taken to prevent the recurrence of any discriminatory or harassing conduct found to have occurred. The recommendations of the Responsible Administrator shall become final and shall be implemented unless either party appeals.
  • If the Responsible Administrator is a building principal or a Director, the final written report will be submitted to Human Resources for tracking of incidents and data.

Step 5 - Appeal Rights

A party not satisfied with the resolution in Step 4, above, may submit a written appeal within five (5) days to the Superintendent. The written appeal shall state with particularity the nature of the disagreement, the reasons underlying such disagreement, and how the outcome would be changed by reconsideration of the determination.  The Superintendent or designee shall conduct a review of the record to determine whether the preponderance of the evidence supports the determination. The Superintendent or designee shall issue a written decision and mail it to the parties within thirty (30) days of the receipt of the appeal. The Superintendent's decision is a final decision. 

Step 6 - Complaints to an External Agency

If a party is not satisfied with the Superintendent's decision in Step 5, above, the party may file a complaint with the Office of Civil Rights ("OCR'').

DISCIPLINE

Employees and students may be disciplined if it is determined through this procedure that discriminatory action, treatment, harassment or retaliation for complaining, has occurred in violation of federal or state laws or District policies. The Responsible Administrator shall refer the matter to the appropriate District administrator to initiate disciplinary proceedings against the Respondent. 

  • Students. If the recommended disciplinary consequences involve either a long-term suspension or expulsion, the student is entitled to pursue the hearing and appeal rights pursuant to Board Policy and Michigan state law. 
  • Employees. If the disciplinary consequence involves discharge or termination, the employee's hearing and appeal rights will be governed by Michigan law and District policies.

NO RETALIATION

Students, employees or parents who make complaints in good faith, shall be free from retaliation, coercion, and reprisal in seeking resolution of their complaint. Furthermore, persons acting as witnesses to a complaint, in good faith, shall be free from reprisal.  Retaliation is a separate violation distinct from the initial underlying harassment or discrimination allegation. Claims of retaliation, submitted in good faith and in writing to the Responsible Administrator, shall be investigated pursuant to these procedures. Individuals who engage in retaliation will be subject to discipline, regardless of whether there has been a finding of cause for the underlying complaint.

FALSE COMPLAINTS

Individuals who knowingly file a false or misleading complaints alleging harassment, discrimination or retaliation are subject to appropriate disciplinary action, including, but not limited to, dismissal of the complaint.  If the preponderance of the evidence supports a finding that the Complainant submitted a false or misleading complaint alleging harassment, discrimination or retaliation, the complaint will be dismissed, and the student or employee who submitted the complaint will be recommended for discipline in a manner consistent with the District’s Rights and Responsibilities Guide.

RELATIONSHIP OF THESE PROCEDURES AND TIMELINES TO LAW ENFORCEMENT ACTIVITIES

Nothing in these Procedures should in any way be deemed to discourage the Complainant from reporting acts subject to these Procedures to local law enforcement. In the event that the Complainant files a criminal   complaint, the Responsible Administrator should not wait for the conclusion of a   criminal investigation or criminal proceeding to begin the District’s own investigation.  Although the District may need to delay temporarily the fact-finding portion of an investigation while local law enforcement officials are gathering evidence, it is important for the Responsible Administrator to understand that during this brief delay in the investigation, the District must take interim measures to protect the   Complainant in the educational setting. The District should also continue to update the   parties on the status of the investigation and inform the parties when the District   resumes its investigation

 

INTERIM MEASURES PENDING FINAL DETERMINATION OF THE COMPLAINT

Title VI requires the District to take steps to ensure equal access to its education  programs and activities and protect the complainant as necessary, including taking interim  measures before the final outcome of an investigation. The District should take these steps promptly once it has notice of a discrimination  allegation and should provide the complainant with periodic updates on the status of  the investigation. The Responsible Administrator should notify the complainant of his or  her options to avoid contact with the alleged perpetrator and allow the complainant to change academic and extracurricular activities as appropriate. The Responsible  Administrator should also ensure that the complainant is aware of his or her rights and any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and  legal assistance, and the right to report a crime to local law enforcement.  The specific interim measures implemented and the process for implementing those  measures will vary depending on the facts of each case. The Responsible Administrator  should consider a number of factors in determining what interim measures to take,  including, for example, the specific need expressed by the complainant; the age of the  students involved; the severity or pervasiveness of the allegations; any continuing  effects on the complainant; whether the complainant and alleged perpetrator share the  class, transportation, or extra-curricular activities; and whether other judicial measures  have been taken to protect the complainant (e.g., civil protection orders).

Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination on the basis of gender or handicap. Please direct any questions that you may have to:

Peter Trezise
Director, Human Resources
5780 W. Holt Rd.,
Holt, MI 48842
517-694-6392

and/or

Erin Quinlan
Director, Human Resources
5780 W. Holt Rd.,
Holt, MI 48842
517-694-6392

and/or

Renee Sadler
Athletic Director
5780 W. Holt Rd.,
Holt, MI 48842
517-699-7933

The Holt Public Schools' Title IX Grievance Policy and Title IX Formal Complaint Form are available online. You may also complete a digital complaint form here

Title IX Sexual Harassment Comprehensive Training Materials

Context and Purpose

The purpose of these procedures is to secure, at the lowest possible level, prompt and equitable resolutions of formal and informal complaints based on sex discrimination, including complaints of sexual harassment or sexual violence, in violation of Title IX of the Education Amendments of 1972 ("Title IX''), and violation of District policies that prohibit these types of discrimination. This includes occurrences that happen as related to athletics, academics, extra-curricular activities, etc. Off-campus situations will be considered on a case by case basis based on their impact on the school environment.

These procedures apply only to complaints alleging discrimination or denial of the benefits of an educational program as prohibited by Title IX (including sexual harassment and sexual violence). All staff have a reporting obligation. A report is different than a complaint.

Reports should be made to the Title IX coordinator. Complaints should be filed with the building investigator. These procedures shall be available in every school site administrative office and are posted on the District website.

In general, investigations of discrimination, including sexual harassment, will happen at the building or department level with support and consultation from the District Title IX Coordinator.

Definitions

  • Complainant: A Complainant is a student or employee of the District who submits a complaint alleging discriminatory action or treatment prohibited by Title IX, including acts of sexual harassment or sexual violence. 
  • Respondent: The person alleged to be responsible for the prohibited conduct claimed in the complaint. 
  • Sexual Harassment:  Conduct occurring between any persons, including members of the same sex, who is currently participating in a school’s educational programming that satisfies one or more of the following:
    • employee quid pr quo (unwelcome sexual conduct)
    • sexual assault (an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation)
    • dating violence (violence committed by a person who is or has been in a romantic or intimate relationship with the Complainant; existence of a such a relationship is based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship)
    • domestic violence (felony or misdemeanor crimes of violence committed by a former spouse or intimate partner of the Complainant)
    • stalking (engaging in a curse of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress)
    • hostile environment (unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person’s equal access to the recipient’s education program or activity. )
    • Sexual Harassment may include acts f sexual violence. Sexual Harassment is a form of sex discrimination prohibited by Title IX.
  • Sexual Violence: Physical sexual acts occurring between any persons, including members of the same sex, perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including
    • sexual assault (an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation)
    • dating violence (violence committed by a person who is or has been in a romantic or intimate relationship with the Complainant; existence of a such a relationship is based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship)
    • domestic violence (felony or misdemeanor crimes of violence committed by a former spouse or intimate partner of the Complainant)
    • stalking (engaging in a curse of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress)
    • Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
  • Title IX Coordinator: Oversees investigation and coordinates the school’s compliance with Title IX
  • Investigator: Conducts investigation process
  • Decision-Maker: Makes determination of responsibility
  • Appeals Officer: Hears appeals of dismissal and determination of responsibility

Procedural Requirements

  • Timeline Formal and informal processes have timelines dictated by Board policy and Federal law. Failure to comply with these timelines may result in the dismissal of the complaint, Human Resource action, or other procedural anomalies. Delays for administrative needs is not sufficient.
  • Service Service of any notice or decision provided for under this procedure shall be deemed effective on the person served as of the date of delivery, if personally served, faxed or emailed, or effective three (3) calendar days of deposit by first class mail if delivered by mail.
  • Confidentiality Confidentiality will be maintained to the greatest extent possible. Any information gathered during an informal procedure may be used during a formal procedure, if initiated. While there can be no assurance of complete confidentiality, complaints under this procedure will be treated as sensitive information not to be shared with others except in limited circumstances. Examples of exceptions to maintaining confidentiality include:
    • information the law requires to be reported
    • information imparted to others in supervisory positions in order to further an investigation or halt a discriminatory practice
    • information given to the Respondent in order to have sufficient information to respond to the allegations

The District will take all reasonable steps to investigate and respond to a complaint consistent with a request by the complaining party not to disclose his/her name. However, such requests for confidentiality may limit the District's ability to adequately investigate and respond to the allegations raised in the complaint.  Requests for confidentiality, therefore, will be evaluated in the context of the District's responsibility to provide a safe and nondiscriminatory environment for all students, and the request will be weighed against whatever factors the District deems relevant, including, without limitation:

  • the Complainant's age;
  • circumstances that suggest there is an increased risk of future acts of harassment and/or sexual violence under similar circumstances; and
  • whether the District possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).

All parties to a grievance, including the Complainant, Respondent and witnesses, have privacy interests and, therefore, all parties should be cautioned not to divulge or publicize the nature of the proceedings or the identity of those involved outside the scope of the investigation.

Informal Resolution Process (NEED an informal form)

A report can and should be made by any staff member that has actual knowledge of an occurrence within 48 hours of hearing of the incident. Upon receipt of a report, the Title IX coordinator or his or her designee must contact the Complainant to discuss supportive measures as well as whether or not a formal complaint will be filed. The Complainant can file a formal complaint regardless of if the event has been otherwise reported. There are two processes to address the complaint, formal and informal. Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. No formal investigation is involved in the informal resolution process, and the informal resolution process shall not be considered a precondition for the filing of a formal written complaint. The informal resolution process is as follows:

  • A copy of Board policy 2260 will be provided to the Complainant
  • The informal resolution process must be voluntary; it is not an option for an employee accused of harassing a student
  • The informal resolution process must take place prior to the determination of responsibility
  • The investigator must provide written notice to all parties of the allegations, their rights, as well as get written, voluntary consent to enter into the informal resolution process
  • A written request for informal resolution must be made within ten (10) days of the date of the alleged incident. The school principal or designee shall determine whether the nature of the problem is such that it is likely to be resolved by agreement on an informal basis. 
  • Methods for informal resolution may include, but are not limited to, coaching the person on how to directly address a situation which is causing a problem; mediating the dispute with the parties; developing written behavior expectations of the alleged offender to redirect conduct; assisting with the resolution of a real or perceived problem; or arranging a documented meeting with the alleged offender that involves a discussion of the sex discrimination and sexual harassment policies and requirements for compliance. 
  • The investigator shall document any informal resolution, and a copy of such documentation shall be forwarded to the Title IX Coordinator within three (3) days of resolution. 
  • Once the informal complaint process is begun, the investigation will be completed in a timely manner, usually within 15 business days.

Formal Resolution Process

A report can and should be made by any staff member that has actual knowledge of an occurrence within 48 hours of hearing of the incident. Upon receipt of a report, the Title IX coordinator or his or her designee must contact the Complainant to discuss supportive measures as well as whether or not a formal complaint will be filed. The Complainant can file a formal complaint regardless of if the event has been otherwise reported. There are two processes to address the complaint, formal and informal. The formal complaint process is as follows.

  • Filing a Formal Complaint
    • A copy of Board Policy 2260 will be provided to the Complainant
    • Individuals should make every effort to file a complaint within 30 calendar days, or as soon as possible after the conduct occurs.
    • A written complaint is filed using the District Title IX Complaint Form, which is found on the district website as well as in every building. A digital form can be used. The written complaint is filed with the Title IX coordinator or building investigator. A written narrative can accompany the written complaint form.
    • If the Complainant is unwilling or unable to provide a written statement, but nonetheless expresses their intent to file a formal written complaint, the building investigator shall ask for such details in an oral interview and file a written complaint on behalf of the Complainant. In the event the Complainant is a student with disabilities, the building investigator will carefully review the reporting student’s IEP or 504 plan to determine what specific accommodations that student should have to aid in their reporting such written complaint.
  • Immediate steps after the Complaint is filed
    • The building investigator contacts the parents/guardians immediately upon receipt of the filed complaint to discuss next steps. Child Protective Services and/or law enforcement is contacted if necessary.
    • The Respondent will be contacted within two days with a written notice of the allegations, procedures, and rights. Statement of presumed non-responsibility until conclusion of investigation. The Respondent can submit a written response within five business days.
  • Dismissal of the complaint
    • The complaint will be dismissed if it does not constitute a Title IX violation, did not occur on school grounds or at a school event, does not impact the educational setting, and did not occur against a person in the United States
    • The complaint may be dismissed if the Complainant withdraws the complaint, the Respondent’s enrollment or employment ends, the school can not gather evidence based on specific circumstances.
    • Prompt, simultaneous written notice will be provided to both parties that includes reasons for the dismissal and a right to an appeal
  • Supportive Measures
    • Title IX requires the District t take steps to ensure equal access to its education  programs and activities and protect the Complainant as necessary, including taking interim  measures before the final outcome of an investigation.
    • These supportive measures must be non-disciplinary, non-punitive, individualized, and designed to restore equal access to the education program. The measures should NOT completely remove the Respondent from an activity. Respondents may be removed from an educational program or activity only on an emergency basis.
    • Supportive measures should be documented.
    • The District should take these steps promptly once it has notice of a sexual harassment or sexual violence allegation and should provide the Complainant with periodic updates on the status of the investigation.
    • The building investigator should notify the Complainant of his or her options to avoid contact with the alleged perpetrator and allow the Complainant to change academic and extracurricular activities as appropriate.
    • The building administrator should also ensure that the Complainant is aware of his or her Title IX  rights and any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and  legal assistance, and the right to report a crime to local law enforcement. 
    • The specific interim measures implemented and the process for implementing those measures will vary depending on the facts of each case. The building investigator should consider a number of factors in determining what interim measures to take,  including, fr example, the specific need expressed by the Complainant; the age of the  students involved; the severity or pervasiveness of the allegations; any continuing  effects n the Complainant; whether the Complainant and alleged perpetrator share the  class, transportation, or extra-curricular activities; and whether other judicial measures  have been taken t protect the Complainant (e.g., civil protection orders).
  • The investigation
    • If a criminal complaint is filed, the District will conduct a concurrent internal investigation
    • Once the formal complaint process is begun, the building investigator will complete the investigation in a timely manner, usually within 15 business days.
    • During the investigation, the building investigator may inform the Complainant in writing that the matters alleged in the complaint are not within the jurisdiction or authority of the District to investigate and that the District will not carry out any further investigation. If the matter does not involve allegations of discrimination within the scope of these procedures, the building investigator shall forward the matter to the proper administrator.
    • The building investigator shall oversee that an adequate, reliable and impartial investigation of the complaint is conducted at the school where the student is enrolled, the employee is assigned, and/or where the alleged discrimination occurred. 
    • In order to provide a neutral and objective investigation, the building investigator shall not be a party to the complaint in the investigation.  In the event the building investigator is not a neutral party, the Superintendent shall designate a neutral and objective administrator to oversee the investigation. Where appropriate, the building investigator may contact the Title IX coordinator who may designate an attorney to conduct or assist in the investigation subject to the oversight of the building administrator.
    • In conducting the investigation, the designated investigator shall interview all parties identified in the complaint and other witnesses that the investigator determines may provide information relevant to resolving the complaint allegation(s). Both the Complainant and Respondent shall have the opportunity to identify witnesses to be interviewed and provide documentation or other evidence for the designated investigator to review. The Respondent may have an advisor present. The building investigators shall consider the evidence compiled by the designated investigator and take whatever additional actions the building investigator deems necessary to complete the investigation. 
    • The building investigator will maintain documentation of all proceedings, which may include written findings of facts, transcripts, notes, or audio recordings.
    • Each party must have equal importunity to inspect and review any evidence obtained as a part of the investigation and have an opportunity to meaningfully respond
  • Written Determination
    • The building investigator must gather evidence sufficient to reach a determination of responsibility
    • At least 10 days prior to the determination of responsibility, parties and advisors must be permitted to review and respond to all evidence as well as see the final report.
    • A final written report must be submitted to the Superintendent (Decision Maker). The report should include names, dates of notices, interviews, and communications, evidence, investigator information, party responses, and allegation information.
    • The Decision Maker shall consider the totality of the evidence and determine whether the preponderance of the evidence establishes that the alleged discrimination occurred (i.e., it is more likely than not that discrimination/sexual harassment/sexual violence occurred). 
    • If the Decision Maker determines that the preponderance of the evidence supports the allegations of discrimination by the Respondent, the Decision Maker shall provide written findings and conclusions supporting the determination. The final determination shall include the allegations, procedural process, findings of fact, implications from the code of conduct, conclusion of allegations, appeals rights, as well as corrective action. Remedies shall be included, which as designed to restore and preserve equal access to the education program or activity. Sanctions will also be outlined.
    • Upon submission of the final written report, the Superintendent has 5 days t issue a final decision or request further investigation. Further investigation must take place within 5 days.
    • At the conclusion of the investigation, the Superintendent must issue a final decision to all concerned parties.
  • Appeals
    • A written notice of appeal must be provided to parties
    • A party nt satisfied with the resolution in may submit a written appeal within 5 days t the Board. The written appeal shall state with particularity the nature of the disagreement, the reasons underlying such disagreement, and how the outcome would be changed by reconsideration of the determination.
    • Appeals should be based on procedural irregularities, new evidence that was not reasonable available at the time of the determination, or conflict of interest.   
    • If there is an appeal, the Bard will review the written appeals of the concerned parties within 20 business days, and issue a final disposition within 10 business days.
  • Follow up
    • The Title IX coordinator maintains all records from investigations
    • All records must be maintained for seven years
    • Quarterly analysis f filed cases for proactive trainings and then support

Discipline

Employees and students may be disciplined if it is determined through this procedure that discriminatory action, treatment, harassment or retaliation for complaining, has occurred in violation of federal or state laws or District policies. The Responsible Administrator shall refer the matter to the appropriate District administrator to initiate disciplinary proceedings against the Respondent. 

  • Students. If the recommended disciplinary consequences involve either a long-term suspension or expulsion, the student is entitled to pursue the hearing and appeal rights pursuant to Board Policy and Michigan state law.  See building Codes of Conduct for details.
  • Employees. If the disciplinary consequence involves discharge or termination, the employee's hearing and appeal rights will be governed by Michigan law and District policies.

Retaliation

Students, employees or parents who make complaints in good faith, shall be free from retaliation, coercion, and reprisal in seeking resolution of their complaint. Furthermore, persons acting as witnesses to a complaint, in good faith, shall be free from reprisal.  Retaliation is a separate violation distinct from the initial underlying harassment or discrimination allegation. Claims of retaliation, submitted in good faith and in writing to the building administrators, shall be investigated pursuant to these procedures. Individuals who engage in retaliation will be subject to discipline, regardless of whether there has been a finding of cause for the underlying complaint.

False Complaints

Individuals who knowingly file a false or misleading complaints alleging harassment, discrimination or retaliation are subject to appropriate disciplinary action, including, but not limited to, dismissal of the complaint.  If the preponderance of the evidence supports a finding that the Complainant submitted a false or misleading complaint alleging harassment, discrimination or retaliation, the complaint will be dismissed, and the student or employee who submitted the complaint will be recommended for discipline in a manner consistent with the District’s Rights and Responsibilities Guide.

Law Enforcement

Nothing in these Procedures should in any way be deemed to discourage the Complainant from reporting acts subject to these Procedures, including acts of sexual  violence, to local law enforcement. In the event that the Complainant files a criminal  complaint, the building investigator should not wait for the conclusion of a criminal investigation or criminal proceeding to begin the District’s own Title IX investigation. Although the District may need to delay temporarily the fact-finding portion of a Title IX investigation while local law enforcement officials are gathering evidence, it is important for the investigator to understand that during this brief delay in the Title IX investigation, the District must take interim measures to protect the   Complainant in the educational setting. The District should also continue to update the   parties on the status of the investigation and inform the parties when the District resumes its Title IX investigation.