A. Foundations and Basic Commitments

Code: AC

NONDISCRIMINATION

This district is committed to a policy of nondiscrimination in relation to race, color, national origin, sex, sexual orientation, gender identity, transgender status, age, disability, and religion.  This policy should prevail in all matters concerning staff, students, education programs and services and individuals with whom the school district does business. 

The school staff should establish and maintain an atmosphere in which students can develop attitudes and skills for effective, cooperative living, including: 

1. Respect for the individual regardless of economic status, intellectual ability, race, color, national origin, sex, sexual orientation, gender identity, transgender status, age, disability, or religion; 
2. Respect for cultural differences;
3. Respect for economic, political, and social rights of others;
4. Respect for the rights of others to seek and maintain their own identities. 

The school district, in keeping with the requirements of state and federal law, will strive to remove any vestige of prejudice and discrimination in employment, assignment and promotion of personnel; in location and use of facilities; in educational offerings and instructional materials. 

All employees, students and community members are hereby notified that this district does not discriminate on the basis of sex in educational programs receiving federal or state financial assistance and that it does intend to comply with Title IX of the educational amendments of 1972 and as subsequently amended.  Any student or their parent, or employee who has a complaint relating to sexual harassment is referred to policy ACA and the procedures set forth therein. 

The district shall strive to inform students, parents, employees, and the general public that all educational programs, specifically including vocational opportunities, are offered without regard to race, color, national origin, sex, sexual orientation, gender identity, transgender status, age, disability or religion.  In order to accomplish this, a statement of nondiscrimination shall be included in the faculty and student handbooks, if any, and shall be published at least once a year in a newspaper of general circulation in the district.  The notice shall include a reference to the person and the address and telephone number of the staff member designated to coordinate civil rights compliance.  For purposes of this district, that person shall be the Superintendent or designee.

All students shall be permitted to enroll in vocational educational programs as well as other school programs without consideration of their race, color, national origin, sex, sexual orientation, gender identity, transgender status, disability, or religion.  To the extent that a prerequisite class may be required before admission, such prerequisite class shall be open to students on a nondiscriminatory basis. No student shall be denied admission on account of their limited English language skills.

Counselors shall not use counseling materials and activities or promotional and recruitment efforts that discriminate in any manner and counselors shall not direct or urge any student to enroll in a particular class program on account of that student’s race, color, national origin, sex, sexual orientation, gender identity, transgender status, disability, or religion.  All students shall have equal opportunities available to participate in cooperative education, work study, and apprenticeship training programs either now offered or which may be offered in the future. 

All employees of this district shall be hired, retained, promoted, transferred, compensated or, if necessary, terminated without regard to their race, color, national origin, sex, sexual orientation, gender identity, transgender status, age, disability or religion. 

Students with disabilities shall be admitted and given equal access to programs and shall not be denied access to vocational education programs or other courses because of architectural or equipment barriers or because of the need for related services or auxiliary aids to the extent reasonable to accommodate the disabled.  To the extent possible, disabled individuals shall be placed in regular vocational education programs and education courses. 

Adoption Date:  2/21/17

Revised:  9/15/20

DISCRIMINATION / HARASSMENT COMPLAINT PROCEDURE

Any employee, student and/or the parents/guardian of any student or employee who believe they have been subject to discrimination or harassment on the basis of race, color, national origin, sex, sexual orientation, gender identity, transgender status, age, disability, and religion which in any way adversely affects their employment, access to, participation in, ability to benefit from, admissions, membership, or otherwise results in inequality in any school-sponsored organizations, clubs, facilities, activities, or programs, is encouraged to utilize the due process procedure set forth below as a mechanism to resolve his/her complaint. 

CIVIL RIGHTS COMPLIANCE OFFICER:  Sublette County School District No. 9 designates the Superintendent or designee, whose address is PO Box 769 / 115 S Nichols St., Big Piney, WY 83113, phone 307-276-3322, as the District’s Civil Rights Compliance Officer for all civil rights issues, inclusive of disability not covered by the Section 504 Due Process Procedures.  The Civil Rights Compliance Officer shall have responsibility to coordinate efforts to comply with and carry out responsibilities under Title II, Title VII, and all other civil rights and discrimination laws, both state and federal.  The Compliance Officer shall have responsibility to investigate any complaint communicated to the Compliance Officer alleging noncompliance or alleging any actions that would be prohibited by Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, all civil rights laws, including both state and federal laws, in any way governing discrimination and/or harassment based upon a protected class.  The District may designate a different person to carry out the duties of the 504 Compliance Officer. 

SECTION 504:

With regard to any complaint involving identification, evaluation, or placement involving Section 504, you are entitled to receive notice of your student and parental rights regarding Section 504. The hearing procedures relating to identification, evaluation and/or placement under Section 504 can be found in the procedures entitled 504 Due Process Procedures (ACE-R). Any person wishing to file a complaint regarding 504 Due Process Procedures is directed to contact the Superintendent, Section 504/ADA Coordinator, PO Box 769 / 115 S Nichols St., Big Piney, WY 83113, phone 307-276-3322.

SEXUAL HARASSMENT:

The procedures for handling complaints regarding sexual harassment are set forth in policy ACA. 

RECORDS:

With regard to any claim involving harassment or discrimination, you shall also be given the opportunity to examine all relevant records.  Documents submitted or utilized in the grievance procedure shall be retained for not less than two (2) years. 

NONRETALIATION:

No retaliation (reprisal) of any kind shall be taken against any person participating in this grievance procedure either as a complainant, respondent or witness.

PROCEDURES:

1. It is often possible to resolve complaints informally at the level at which the alleged discrimination occurred. Therefore, before a formal complaint is filed, the following informal procedure should be followed.
2. If a student feels he/she has been discriminated against or harassed or otherwise has a grievance pertaining to any state or federal nondiscrimination laws, the student and/or student’s parents/guardian are encouraged to attempt to discuss the matter with the student’s teacher in an effort to resolve the problem as expeditiously as possible. In some cases, such as allegations of sexual harassment by the teacher/coach or other staff member, discussing the complaint with the person who is alleged to have engaged in such conduct may not be appropriate.  In such cases, the student and/or the student’s parents may discuss their complaint with the principal as described below.
3. If after discussion with the teacher the student or student’s parents/guardian are not satisfied with the disposition of the matter, he/she shall have the right to present the matter and discuss it with the principal.  
4. Similarly, if any other employee of the District feels that he/she has been discriminated against or harassed, the employee is similarly encouraged to present the matter to the principal and discuss it with the principal or, if an administrator other than the principal is his/her supervisor, then with the appropriate administrator.  The administrator shall, within ten (10) school days, investigate the matter and provide a written decision regarding the complaint, and if the complaint is determined to be valid, a proposed resolution to the complaint. 
5. If the aggrieved student or employee is not satisfied with the disposition of his/her grievance by the principal or if no decision has been rendered within ten (10) school days after presentation of the grievance in writing, he/she may file a formal written complaint with the Compliance Officer for Sublette County School District No. 9.  At that stage the complainant will be required to elect to either proceed forward on an informal basis with the Compliance Officer conducting an impartial investigation and informal hearing or, alternatively, the complainant may request a formal hearing to be conducted before the Compliance Officer.  If the Compliance Officer is alleged to not be impartial, the hearing shall be before the Superintendent of Schools; and if complainant asserts that neither is impartial, then the Superintendent shall appoint another person to act as the impartial hearing officer. 

 Informal Process:

If the Complainant elects to utilize an informal hearing process, complainant will be required to execute a written waiver of formal hearing.  The informal hearing process will allow the complainant to submit to the hearing officer all documents and information supporting complainant’s position and also provide the hearing officer with the names of all witnesses that would support complainant’s position.  A copy of all information provided to the hearing officer will also be provided to the party alleged to have engaged in the harassment or discrimination.  The hearing officer shall, within fifteen (15) school days after receipt of the complaint, interview the complainant, the charged party, and any witnesses that either party believes have relevant information to the complaint or the defense thereof, as well as any other persons the hearing officer deems appropriate to interview.  The hearing officer will give both the charging party and the responding party an opportunity to present their positions in the presence of each other and with the assistance of a representative, including legal counsel, as they deem appropriate.  The oral presentation of the grievance shall occur not sooner than fifteen (15) school days or later than thirty (30) school days after the original complaint is filed.  A formal written decision of the hearing officer will be provided to both parties together with a directive for resolving the matter if the complaint has been substantiated.  The proposed resolution may include any disciplinary procedure against the student, up to and including expulsion, and may include any disciplinary procedure against a staff member, up to and including termination. 

Formal Hearing Process: 

If complainant requests a formal hearing, complainant will notify the District’s Compliance Officer, who will conduct the hearing, unless alleged to not be impartial, in which case the hearing officer will be the Superintendent unless he/she is alleged not to be impartial, in which case the hearing officer will be selected as provided for above.   The complaint shall specify the basis of the claim providing names, dates and locations, to the extent available.  Complainant shall also provide the name of any person, including legal counsel, who will assist or represent complainant.  Upon receipt of a complaint and a request for formal hearing, the hearing officer shall notify the party being charged with the harassment or discrimination and provide his/her with a copy of the written complaint filed by the complainant.  Within ten (10) school days, a meeting will be held between the complainant and/or his/her representatives and the individual against whom a claim of harassment or discrimination is asserted and/or his/her representatives for the purpose of selecting a hearing date.  The hearing shall be held within thirty (30) school days from the date of that meeting.  The parties shall also set a date to exchange documents, exhibits, and a list of proposed witnesses.  The hearing shall be held and conducted generally in compliance with the Wyoming Administrative Procedures Act.  The hearing shall be recorded in such a manner that it can be transcribed, if necessary. 

The student, parent/guardian or employee asserting a charge of harassment or discrimination based upon protected classification shall be considered the petitioner and have the burden of proof.  The charging party shall first present his/her evidence, after which the responding party shall present his/her evidence in defense thereof, after which the charging party may be permitted to reply.  Both parties will have an opportunity to give an opening statement, to present evidence and call witnesses, cross-examine opposing witnesses, and thereafter present a closing statement.  Each side may be requested, if represented by legal counsel, to present proposed findings of fact and conclusions of law.  The hearing officer shall, within fifteen (15) school days following completion of the hearing, draft proposed findings of fact and conclusions of law rendering a decision on the claim, which findings and conclusions of law shall thereafter be delivered to both the charging party and the responding party.  If the claim is substantiated, the conclusions shall include a recommended resolution to the complaint. 

The Compliance/hearing Officer may at any time he/she deems it appropriate, engage the assistance of an attorney to assist in conducting the hearing. 

Appeal: 

Either the charging party or the respondent shall have the right to appeal the decision of the hearing officer to the Board of Trustees of Sublette County School District No. 9.  Any person desiring to appeal the decision of the Compliance/hearing Officer shall file with the Board of Trustees a notice of intent to appeal within ten (10) school days after receipt of the findings of fact and conclusions of law.  For the purpose of determining receipt, the parties will be deemed to have received the findings of fact and conclusions of law two (2) days after they are placed in the mail to the address provided by the complainant or the responding party.  A copy of the notice of appeal must be delivered to the Board of Trustees, the District’s Compliance Officer, and the other party to the complaint.  Thereafter, the party desiring an appeal shall file with the Board of Trustees within ten (10) school days, a written memorandum explaining the basis of the appeal and the reason the appealing party is asking the Board of Trustees to reverse the decision of the hearing officer.  A copy of this memorandum shall be served upon the other party to the complaint, who shall then have ten (10) school days to file a response.  The Board of Trustees of the School District shall within thirty (30) days after receipt of the final memorandum, meet to review the matter.  At its sole discretion the Board of Trustees may request the parties to appear and present a verbal argument or, alternatively, may decide the matter on the basis of the evidence presented to the hearing officer, the findings of fact and conclusions of law rendered by the hearing officer, and the memoranda presented by the parties.  At its option the Board may also request the hearing officer to explain any decisions rendered.  The Board shall render a written decision on the appeal to all parties within twenty (20) school days after the meeting of the Board of Trustees at which the appeal is considered.  The Board may authorize and direct the Chairman or Vice Chairman to sign off on the written decision decided upon by the Board of Trustees without the requirement of an additional meeting. 

Appeal to District Court:

The decision of the hearing officer as reviewed by the Board of Trustees may be appealed to the appropriate District Court within and for the State of Wyoming as provided for the appeal of administrative decisions in the Wyoming Rules of Appellate Procedure. 

Limitations: 

Any student, parent or employee who believes the student or employee has been discriminated against or harassed based upon their protected classification, must initiate the complaint procedure at least at the principal level within sixty (60) calendar days after the student or employee knew or should have known of the act or condition on which the complaint is based, the complaint shall be considered as having been waived if the hearing process has not been initiated.  In the case of a continuing discrimination or harassment, the complaint must be filed within sixty (60) calendar days of the last incident of harassment or discrimination. 

Agency Contacts:

Persons with complaints involving harassment and/or discrimination may also contact the Wyoming Department of Education, Office for Civil Rights Coordinator, 122 W. 25th St., Ste. E200, Cheyenne, WY 82002, or (307)777-7675, or the Office for Civil Rights, Region VIII, U.S. Department of Education, Federal Building, Suite 310, 1244 Speer Blvd., Denver, CO 80204-3582 or 303-844-3417 or the Wyoming Department of Employment at 1510 E. Pershing Blvd., Room 150, Cheyenne, WY 82002, 307-777-7261.

Adopted:  2/21/17 

Revised:  9/15/20

WDE Address Updated: 1/4/24

SEXUAL HARASSMENT

Sublette County School District Number 9 is committed to a safe and civil educational environment for all students, employees, volunteers, and patrons free from sexual harassment and discrimination. Sexual harassment is a form of sexual discrimination which violates Section 703 of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e, et seq. and the Educational Amendments of 1972 (Title IX), as amended, 20 U.S.C. § 1681, et seq.[i] This policy shall apply to all students, employees, and volunteers of District.

Prohibition of Sexual Harassment. District prohibits any harassment on the basis of sex in its education programs or any activity that it operates, including in employment.

Title IX Coordinator. District’s Title IX Coordinator is designated and authorized to oversee compliance with all aspects of the District’s Sexual Harassment Policy. Inquiries about the application of Title IX to District may be referred to: 1) the Title IX Coordinator, who may be reached at the District Administration Building, PO Box 769 / 115 S Nichols St., Big Piney, WY 83113 (307) 276-3322 or 2) the Assistant Secretary, Office of Civil Rights, 1244 Speer Blvd., Suite 310, Denver, CO  80204-3582, (303) 844-5695, [email protected].[ii]

The contact information for the Title IX Coordinator is available on the District’s website, which may be found at: https://www.sublette9.org/home/contact-information. 

Complaints of sexual discrimination which do not constitute sexual harassment are processed as per board policy AC and regulation AC-R.

I.          DEFINITIONS

A.    Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to: 1) the Title IX Coordinator; 2) any school employee; or 3) any District official who has authority to institute corrective measures on behalf of the District. This standard is not met when the only employee or official with actual knowledge is the respondent.

B.     Complainant means an individual who is alleged to be a victim of conduct that could constitute sexual harassment.

C.     Deliberate Indifference means failure to respond to discrimination based on sex reasonably in light of known circumstances.

D.    Education Program or Activity includes location, events, or circumstances over which the District exercises substantial control over both the respondent and the context in which the sexual harassment occurs, including but not limited to on school premises, a school bus or other school related vehicle, a school bus stop, an activity or event sponsored by a school, whether or not it is held on school premises, and any other program or function where the school is responsible for the student.

E.     Formal Complaint means a document filed by a Complainant or their parent/guardian or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.  At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the District’s education program or activity. The phrase “documentation filed by a Complainant” means a document or electronic submission (such as email or through (portal)) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.

F.      Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

G.    Retaliation means intimidation, threats, coercion, or harassment, including charges against an individual for code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstance as a report or complaint of sex, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX.

H.    School Official means a building level administrator (principal or assistant principal) or a central office administrator.

I.        Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

a.       A District employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;

b.      Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or employment;

c.       “Sexual assault” (as defined by the Clery Act),  “dating violence”, “domestic violence”, or “stalking” (as defined in the Violence Against Women Act), as set forth below[iii]:

                                                                 i.            “Sexual assault” means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation as follows3:

1)      Sex Offenses, Forcible—Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.

·         Forcible Rape—(Except Statutory Rape) The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.

·         Forcible Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

·         Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

·         Forcible Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

2)      Sex Offenses, Nonforcible—(Except Prostitution Offenses) Unlawful, nonforcible sexual intercourse.

·         Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

·         Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.

                                                                 ii.            Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.[iv]

                                                             iii.            Dating violence means violence committed by a person—

1)      who is or has been in a social relationship of a romantic or intimate nature with the victim; and

2)      where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.[v]

                                                             iv.            Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

1)      fear for his or her safety or the safety of others; or

2)      suffer substantial emotional distress.[vi]

J.       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. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

II.   GRIEVANCE PROCEDURES

A.    Reporting Allegations of Sexual Harassment

Any person may report sexual harassment, regardless of whether the person is the alleged victim of the reported conduct.

1.      To Whom:

a.       A School Official, teacher or other District employee may receive oral or written reports of sexual harassment at the building level.  Any teacher or employee who receives a report of sexual harassment under this policy shall immediately inform a School Official.

b.      Any teacher or employee who observes or has knowledge that a student is the victim of sexual harassment shall report to a School Official.

c.       If the complaint involves a School Official, the report may be made directly to the District’s Title IX Coordinator.  

d.      Complaints may also be directed to the District’s Title IX Coordinator in person, by mail, by telephone, at the District Administration Building, address: PO Box 769 / 115 S Nichols St., Big Piney, WY 83113, phone (307-276-3322). Such report may be made at any time (including non-business hours) by using the Title IX Coordinator’s telephone number or email address.

e.       Individuals experiencing sexual harassment also always have the right to file a formal grievance with the Office of Civil Rights, 1244 Speer Blvd., Suite 310, Denver, CO  80204-3582, (303) 844-5695, [email protected].

2.      An anonymous report may be made by utilizing the Safe to Tell link on the District’s website which can be located at: https://www.sublette9.org .

3.      Complaint. A complainant or their parent/guardian may file a formal complaint with the Title IX Coordinator as outlined above. A third party may not file a formal complaint, however, the Title IX Coordinator may also sign a formal complaint, triggering an investigation. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under this policy.

4.      Anonymity.  Irrespective of whether a report of sexual harassment is anonymous or the reporter does not wish for their name to be shared, or does not wish for an investigation to take place, the District is deemed to have actual knowledge of sexual harassment or allegations of sexual harassment in an education program or activity and must respond promptly. On the other hand, if District cannot identify any of the parties involved in the alleged sexual harassment based on the anonymous report, then a response that is not clearly unreasonable under light of these known circumstances will differ from a response under circumstances where District knows the identity of the parties involved in the alleged harassment, and District may not be able to meet its obligation to, for instance, offer supportive measures to the unknown complainant.

B.  District’s Response

1.      General Response:

District will investigate Formal Complaints alleging sexual harassment in a prompt, thorough, and impartial manner that is not deliberately indifferent, and shall take disciplinary action against any student or school personnel found to have violated this policy.  The District is committed to providing a balanced and fair process to resolve complaints of sexual harassment so that everyone – complainants, respondents, and the entire school community – is treated in a non-discriminatory manner.

In this regard, District shall:

a.       Offer supportive measures to a complainant and follow the Grievance Procedure as set forth in this policy before imposing any disciplinary consequences or sanctions on the respondent.

b.      Require an objective evaluation of all available evidence, both inculpatory (evidence that tends to show the respondent did commit sexual harassment) and exculpatory (evidence that tends to show the respondent did not commit the alleged sexual harassment), and prohibit credibility determinations based on a party’s status as complainant, respondent, or witness.

c.       Require that any person designated as a Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal process not have a conflict of interest against complainants and respondents generally or against the particular complainant and respondent. The District shall be solely responsible for designating the Title IX Coordinator, investigators, decision-makers, and any person designated to facilitate an informal process. 

d.      Require that throughout the investigation and until a determination has been made at the conclusion of the grievance process, it shall be presumed that the respondent is not responsible for the alleged conduct.

e.       Conclude the grievance process in reasonably prompt time frame, absent extenuating circumstances based on good cause (e.g., law enforcement involvement, absence of a party, witness, or advisor, the need for language assistance or accommodation of disabilities) with written explanation to both parties explaining the reason for delay. 

2.      Title IX Coordinator Initial Response: 

Upon receipt of a report of sexual harassment, the Title IX Coordinator will promptly contact the complainant (alleged victim) to: a) discuss the availability of supportive measures; b) consider the complainant’s wishes with respect to supportive measures; c) inform the complainant of the availability of supportive measures with or without filing a formal complaint; and, d) explain the process for filing a formal complaint.

3.      Emergency Removal/Administrative Leave:

a.       Student Respondent.  A student respondent may be removed from the education program or activity on an emergency basis, provided that District conducts an individualized safety and risk analysis and determines that emergency removal is necessary in order to protect a student or other individual from an immediate threat to physical health or safety. In such a case, District will provide the respondent with notice and an opportunity to challenge the decision immediately after the removal.

                                                                                              i.      Emergency removal does not modify any rights under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the American with Disabilities Act.

b.      Employee Respondent. An employee respondent may be immediately placed on administrative leave as provided under District Board Policy and Wyoming law.

C.        Formal Complaint Process

1.      Written Notice.  Upon receipt of a formal complaint, District will provide written notice to all known parties in sufficient time to give the respondent time to prepare a response before an initial interview. Written notice will include:

a.       Notice of the grievance process;

b.      Notice of the allegations in sufficient details (i.e. names of known parties, the conduct alleged to be sexual harassment, and the date and location of the conduct, if known) to allow the respondent to prepare a response;

c.       A statement that the respondent is presumed not responsible for the alleged conduct and that responsibility will be determined at the conclusion of the grievance process;

d.      Notice of the parties’ right to have an advisor (who may be, but is not required to be, an attorney) and to inspect and review evidence and provide advice to the party they represent but who will not be allowed to actively participate in the witness interview process nor interrupt nor interfere with the investigator’s witness interviews; and

e.       Notice of the provision in this policy that prohibits knowingly making false statements or providing false information in the grievance process.

If, in the course of the investigation, District decides to investigate allegations about the respondent or complainant that were not included in the original written notice, notice of the additional allegations will also be provided in writing to the known parties.

2.      Dismissal. District will investigate the allegations in a formal complaint.

a.       However, the complaint shall be dismissed if the allegations:

i.      would not constitute sexual harassment as defined in this policy, even if proved;

ii.      did not occur in District’s program or activity; or

iii.       did not occur against a person in the United States.

b.      The complaint may be dismissed if:

i.      The complainant notifies the Title IX Coordinator at any time during the investigation that he or she wishes to withdraw the complaint or any allegation in the complaint;

ii.      The respondent’s enrollment or employment ends; or

iii.      The specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the complaint or any of the allegations. (i.e.-passage of several years between a formal complaint and the alleged conduct or a complainant ceasing to cooperate with the grievance process).

In the event of dismissal, District may investigate the allegation as a violation of any other applicable code of conduct violation.

3.    Consolidation. District may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

4.      Investigation

a.       By Whom

i.      All reports of sexual harassment, false reporting, or retaliation shall be processed by the Title IX Coordinator.

ii.      An impartial and trained investigator shall conduct the investigation into the allegations and draft an investigative report.

b.      Burden of Proof

i.      The burden of proof and gathering of evidence rests on the District, not the parties.

ii.      In its investigation, the District cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional which are made and maintained in connection with treatment to a party, unless the District obtains that party’s (or the party’s parent’s) voluntary, written consent to do so.

c.       Parties’ Rights

i.      Each party will have an equal opportunity to present witnesses and evidence during the investigation process.

 ii.      District does not restrict the ability of either party to discuss the allegations under investigation and to gather and present relevant evidence.

iii.      The parties may have others present during interviews or other related meetings or proceedings, including an advisor of their choice who may but is not required to be an attorney. The advisor’s role will be limited to acting as an advisor to the parties; the advisor will not be allowed to participate in the interview, related meeting or proceeding, or otherwise question parties or witnesses, nor will the advisor be allowed to interrupt or interfere with questions asked by the investigator(s).

iv.      A party whose participation is invited or expected will be provided written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time to allow the party to prepare to participate.

v.      Both parties and their advisors, if any, will be provided an equal opportunity  to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in formal complaint, including evidence on which District does not intend to rely and any exculpatory (evidence that tends to show the respondent did not commit the alleged sexual harassment) or inculpatory (evidence that tends to show the respondent did commit sexual harassment) evidence from any source. This evidence will be provided to the parties at a time as determined by the investigator but prior to the completion of the final investigation report and in time to give the parties at least ten (10) school days to prepare a written response. The investigator will consider each party’s written response prior to completing the Investigative Report:

d.      Investigative Report

i.      The District investigator will prepare a written Investigative Report that fairly summarizes the relevant evidence and provide the report to the parties and their advisors, if any, for their review and written response, at least ten (10) school days prior to a determination of responsibility.

5.      Determination regarding responsibility

a.       Decision-Maker. Following the investigation process, an impartial decision-maker designated and trained by the District, shall make a determination regarding responsibility. The decision-maker cannot be the investigator or the Title IX Coordinator.

b.      Questions by Parties. After the having sent the Investigative Report to the parties, but before reaching a determination regarding responsibility, each party shall have the opportunity to submit written, relevant questions that the party wants asked of another party or witness, provide each party with the answers, and provide for limited follow-up questions.  The decision-maker must explain to the party proposing the questions that any decision to exclude a question is not relevant. The decision-maker shall set reasonable deadlines for submission and response to questions.

c.       Standard of Evidence. In reaching a determination of responsibility, the decision-maker shall apply the preponderance of evidence standard (“it is more than likely than not that sexual harassment occurred”).

d.      Written Determination. The decision-maker shall issue a written determination of responsibility simultaneously to the parties that:

i.      Identifies the allegations that potentially constitute sexual harassment;

iii.      Describes the procedural steps taken from receipt of the complaint through the determination;

iii.      Includes findings of fact supporting the determination;

iv.      Includes conclusions regarding application of this policy to the facts;

v.      Includes a statement of, and a rationale for, the result as to each allegation, including

1.      a determination of responsibility;

2.      any disciplinary sanctions;

3.      whether remedies to restore or preserve equal access to District’s education program or activity will be provided to the complainant.

vi.  Sets forth the procedures and basis for the parties to appeal.

D.  Appeal

1.      Right to Appeal. Each party shall be offered the right to appeal: 1) from a determination regarding responsibility; and 2) from the District’s dismissal of a formal complaint or any allegations contained therein, on the following limited bases:

a.       Procedural irregularity that affected the outcome of the matter;

b.      New evidence that was not available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; and

c.       The Title IX Coordinator, investigator (s), or decision-makers(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

      No right to appeal exists with respect to remedies, sanctions, or for any other reason not set forth above.

2.      How to Appeal. Within ten (10) school days from the date of the written determination, any party who wishes to file an appeal must provide written notice of appeal to the Title IX Coordinator, who may be reached at the District Administration Building, address (PO Box 769 / 115 S Nichols St., Big Piney, WY 83113) or by phone (307) 276-3322.

a.       The written notice of appeal shall indicate whether the appeal is from a determination of responsibility or dismissal of a complaint and include the bases as set forth above upon which the party is relying for the appeal.

3.      District Action on Notice of Appeal.  Upon receipt of a written notice of appeal, the Title IX Coordinator will notify the other party in writing that an appeal has been filed. The decision-maker on the appeal will not be the same person as the decision-maker(s) that reached the determination of responsibility or dismissal, the investigators, or the Title IX Coordinator.

4.      Parties’ Rights. Within ten (10) school days from notification of the other party that an appeal was filed, each party may submit a written statement in support of, or challenging, the outcome.

5.      Determination of Appeal. Within ten (10) school days of receipt of the parties’ written submissions, the decision-maker will issue a written decision describing the result of the appeal and the rationale for the result.

                  E.  Remedies/Sanctions

1.      After a determination of responsibility has been made against a respondent, the Title IX Coordinator shall coordinate implementation of remedial action for the complainant and disciplinary action against the student respondent, under the guidance of the District’s policies and procedures. The Superintendent shall be responsible for imposing of disciplinary sanctions against an employee respondent.

2.      Remedies for Complainant. The remedies for the complainant will be determined on a case-by-case basis and may include the same actions as described as supporting measures.

3.      Disciplinary Sanctions against Respondent

a.       Student Respondent. The range of disciplinary sanctions against a student respondent following a determination of responsibility will depend on the severity, and, the age level, but can include suspension or expulsion. All discipline taken shall remain at the full discretion of the District and in accordance with District policy, the District’s student handbook, and all applicable law.

b.      Employee Respondent. Disciplinary sanctions against an employee respondent will be imposed in accordance with District policy and all applicable law. A determination of responsibility against an employee respondent will be considered “good and just cause” for suspension, termination or dismissal.

III.   INFORMAL RESOLUTION

A.    Right to Informal Resolution. After a formal complaint is filed, and at any time prior to reaching a determination regarding responsibility, the District may facilitate an informal resolution process such as mediation, that does not involve a full investigation and determination of responsibility, if:

a.      Both parties are provided written notice of:

i.      the allegations;

ii.      the requirements of the informal resolution process, including circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

iii.      any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

b.      Both parties provide voluntary written consent to the informal resolution process.

B.     Right to Withdraw. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

C.     Not Available for Employee Respondent. Informal resolution is not available to resolve allegations that an employee sexually harassed a student.

IV.    RETALIATION

A.    Retaliation Prohibited. Neither the District nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX and this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

B.     Confidentiality. The District is required to keep as confidential the identify of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by law, or to carry out the purposes of this policy, including the conduct of any investigation.

C.     Complaints of Retaliation. Complaints alleging retaliation may be filed using the procedures set out in this policy.

     V.    FALSE ACCUSATIONS OR STATEMENTS

A false accusation of sexual harassment and/or any false statement or providing false information in the grievance process under this policy can have a serious detrimental effect on innocent parties. Any student or employee who is found to have made a knowing, deliberate, or intentional false accusation, statement, report, or formal complaint or who has otherwise provided false information in the grievance process is subject to the disciplinary sanctions outlined above. A determination that a respondent is not responsible for alleged sexual harassment under this policy after investigation does not equate to a false accusation, if the claim is made in good faith.

VI.   REPORTS/COMPLAINTS TO LAW ENFORCEMENT AUTHORITIES

Where there is reasonable suspicion that the allegation of sexual harassment involves criminal activity, the appropriate law enforcement agencies will be immediately contacted.

Under certain circumstances, sexual harassment may constitute child abuse or neglect under Wyo. Stat. §§ 14-3-201 et seq. as amended. In such situations, the District shall comply with the reporting requirements contained therein.

In the event that law enforcement agencies become involved, the District will complete its investigation and render its written findings in accordance with its policies and procedures and independent of the law enforcement agencies disposition of the case.

VII.     TRAINING

Training of Title IX personnel (Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process) will include training on the definition of Sexual Harassment, the scope of the District’s education program or activity, how to conduct an investigation and grievance process, including appeals and informal resolution processes, and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Decision makers and investigators will receive training on the issues of relevance, including how to apply the rape shield protections provided only for Complainants.

District will post materials used to train Title IX personnel on its website, or otherwise make such materials available for members of the public to inspect.

VIII.    RECORDS

            District will maintain for a period of seven (7) years records of:

1.      Each sexual harassment investigation including any determination regarding responsibility, and disciplinary sanction imposed on the respondent, and any remedies provided to the complainant;

2.      Any appeal and the result therefrom;

3.      Any informal resolution and the result therefrom; and

4.   All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.

[i] This policy is written in compliance with Title IX and 34 C.F.R. 106. In the event of any ambiguity, this policy should be interpreted in conformity with Title IX and 34 C.F.R. 106.

[ii] Previously, the District was required to notify students and employees of the Title IX Coordinator’s contact information. Now the District must also notify applicants for employment, parents or legal guardians of elementary and secondary students of the name or title, official address, email address, and telephone number of the Title IX Coordinator.

[iii] National Incident Based Reporting System/Uniform Crime Reporting Program/United States Department of Justice/Federal Bureau of Investigation, available at, https://ucr.fbi.gov/nibrs/2012/resources/nibrs-offense-definitions. 20 USCA Section 1092(f)(6)(A)(v). 

[iv] 34 U.S.C.A. . § 12291 (a)(8)

[v] 34 U.S.C.A. § 12291 (a)(10)

6 34 U.S.C.A. § 12291 (a)(30)

Adopted:  8/18/20

Revised:  9/15/20

SEXUAL DISCRIMINATION/HARASSMENT COMPLAINT FORM

Name of complainant:_____________________________________________

Date of complaint:_______________________________________________

Name of person alleged to have discriminated or engaged in harassment: ________________________________________

Date and place of incident or incidents:____________________________________________ ____________________________________________________________________________

Description of misconduct: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Name of witnesses (if any): ______________________________________________________________________________________________________________________________________________________________________________________________________________

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): ____________________________________________________________________________

____________________________________________________________________________

Any other information:__________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge. 

Signature:____________________________________

Date:________________________

Adopted:  8/18/20

Name of witness:_________________________________________________

Position/Grade of witness:_______________________________________

Date of testimony, Interview:____________________________________

Description of Incident witnessed:_______________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Any other information:___________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge. 

Signature:_____________________________________

Date:________________________________

Adopted:  8/18/20

NOTICE OF NON-DISCRIMINATION

Applicants for admission and employment, students, parents, persons with disabilities, employees, and all unions or professional organizations holding collective bargaining or professional agreements with Sublette County School District Number 9 are hereby notified that this school does not discriminate on the basis of disability in admission or access to, or treatment or employment in, its programs and activities. Any person having inquiries concerning the school's compliance with the regulations implementing the Americans with Disabilities Act (ADA) or Section 504, is directed to contact the District’s 504/ADA Coordinator, PO Box 769, 115 South Nichols St., Big Piney, WY 83113, (307) 276-3322, who has been designated by the school to coordinate efforts to comply with the regulations regarding nondiscrimination pertaining to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Adoption Date:  3/21/17

Revised:  8/18/20

Pursuant to the provisions of 34 C.F.R. 104.36, an impartial hearing will be used to resolve differences involving the provision of education and related services, including identification, evaluation and placement for students with disabilities entitled to protection under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and the implementing regulations found in 34 C.F.R. Part 104 Subpart D. 

A hearing may be initiated by a parent or guardian on behalf of a student by making a written request for a hearing and sending it to the District’s Section 504 Compliance Officer.  The District may request a hearing by so notifying the parents in writing. 

A request for a hearing must list with specificity the issue or issues that the party wants to have decided in the hearing and the remedy that the party is seeking.  Only those issues related to actions regarding the identification, evaluation, or educational placement of students with disabilities under 34 C.F.R. Part 104 Subpart D are appropriate issues for a hearing under these procedures. 

Once a request for a hearing is received, the District will select an impartial hearing officer, who has been trained regarding Section 504, to preside over the hearing. 

The hearing officer shall send a notice to the parties of the date, time, and place of the hearing and a statement of the legal authority and jurisdiction under which the hearing is being held.                    

The parties have the right to be represented by counsel at the hearing and each party is responsible for its own attorneys’ fees. 

During the hearing, each party will have an opportunity to present evidence relevant to the issues being decided in the hearing.  Student and student’s parents shall have the right to review any and all records in the possession of the District pertaining to the student and/or the issues which are the subject matter of the hearing.  The hearing officer may make such provision as is fair and equitable for each side to see the other’s exhibits and evidence in advance of the hearing. 

A written or electronic verbatim record of the hearing shall be kept.  The decision of the hearing officer shall be in writing and shall be delivered to the District and the parent within ten (10) working days following completion of the hearing.  The decision of the hearing officer will be based solely on the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.  Upon conclusion of the hearing and issuance of the decision, the record of the proceedings will be returned to the District.  

Either party has the right to request that the decision of the hearing officer be reviewed by the Board of Trustees of the District or its impartial designee.  The request for review must be filed within thirty (30) days following the decision of the hearing officer.  The request must be in writing and state with specificity the disagreements with the hearing officer’s decision.  The Board of Education or impartial designee will review the record of the hearing and may request additional written information or oral testimony.  The Board of Education or impartial designee will issue a written decision and such decision will be final. 

For discrimination complaints relating to disabilities or 504 other than identification, evaluation, placement or 504 plan operation, see Board/Administration regulation/policy entitled “Discrimination/Harassment Grievance Procedure”. 

Adoption Date:  03/21/17