SERIES 3000: OPERATIONS, FINANCE, AND PROPERTY

Complainant’s Information

☐ Complainant’s name. If student: age, grade level, and building. If employee: job title and building.

☐ Name of Complainant’s advisor (if any).

☐ Date notice provided for interview(s).

☐ Date of interview(s).

☐ Identify any other contacts with Complainant or Complainant’s advisor during the investigation (include date, purpose, and contact method).

Respondent’s Information

☐ Respondent’s name. If student: age, grade level, and building. If employee: job title and building.

☐ Name of Respondent’s advisor (if any).

☐ Date notice provided for interview(s).

☐ Date of interview(s).

☐ Identify any other contacts with Respondent or Respondent’s advisor (include date, purpose, and contact method).

Investigator’s Information

☐ Investigator’s name and title.

☐ Date investigation report is initiated.

☐ Date investigation report is submitted to Decision-Maker.

☐ Statement that investigator does not have a conflict of interest or bias against either party, generally or individually, that affected the investigation.

☐ Date that investigator sent each party and the party’s advisor all evidence subject to inspection and review.

☐ Date party’s response to evidence was due and whether any response was received.

☐ Any action investigator took after response(s) to evidence received.

Complaint Information

☐ Date formal complaint filed/signed.

☐ Summary of the complaint.

Nature of the Allegations (for each allegation):

☐ Describe the allegation, including date, time, place, and nature of the incident(s).

☐ Identify any witnesses interviewed, including the witness’s name, contact information, date of the interview,

summary of the interview, and party offering the witness.

☐ Identify any relevant evidence, including which party submitted the evidence or how it was obtained if not through a party.

☐ If the investigation revealed additional allegations that were not in the original notice to the parties and the investigator decides to investigate those allegations, identify the date notice of the additional allegations was given to the parties and describe the additional allegations.

☐ If additional allegations are made or discovered and are not investigated, state the basis for the decision not to investigate the additional allegations.

Other Fact-finding Activities

☐ Describe any other fact-finding that occurred as part of the investigation (e.g., site visits, record review, or hearing).

☐ Describe any findings of fact made during the investigation (e.g., statements relied upon, credibility determinations). The investigator does not make a determination of responsibility.

Investigation Report Review

☐ Before completing investigation report, send draft investigation report to Complainant (and Complainant’s advisor, if any) and Respondent (and Respondent’s advisor, if any) for review.

☐ Both parties have 10 days to review and submit written response to investigator.

☐ Describe any written response(s) received.

☐ Consider any written response received before completing the investigation report.

☐ Describe any additional investigation conducted as a result of the written response(s) (e.g., additional witness interviews, materials reviewed, or investigatory steps taken).

General Tips for Investigation Report

☐ Cite applicable Board policies and code of conduct provisions

☐ Ensure report is clear, concise, and complete

☐ Assume report may be released by either party.

Determination of Responsibility: Formerly known as outcome or conclusion letters, these letters must be sent to each party simultaneously after completing the Grievance Process. Letters substantially similar should be sent to the Complainant(s) and the Respondent(s).

[District Letterhead]

[Date]

[Name]

[Address]

[City, State, Zip Code]

Re: Determination of Responsibility

Dear [Name]:

The District recently conducted a Title IX investigation into allegations of sexual harassment as defined in the District’s Title IX Sexual Harassment Policy (the “Policy”). Those allegations include: [IDENTIFY allegations, e.g., “engaged in inappropriate conduct with another District student on a District school bus,” “another student inappropriately touched your student”].

The District has completed its investigation into the complaint of sexual harassment, filed with [INSERT person complaint was filed with] on [INSERT date the complaint was filed]. The Policy defines “sexual harassment” as conduct on the basis of sex that satisfies one or more of the following:

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

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

c. Sexual assault, dating violence, domestic violence, or stalking, as defined by the Violence Against Women Act, 34 USC § 12291 et. seq., and the uniform crime reporting system of the Federal Bureau of Investigation, 20 USC 1092(f)(6)(A)(v).

Upon the receipt of the Formal Complaint, the District took the following procedural steps during the course of this investigation [MODIFY this list depending on what was done during the investigation, include relevant dates and a description for each procedural step taken]:

• Notice to the parties alleging the commencement of the investigation and the allegations involved;

• Witness interviews;

• Party interviews;

• Site visits; and

• [IDENTIFY the methods used to gather other evidence]

You were given an opportunity to review all evidence compiled during the investigation and to provide a written response, which you [did/did not do]. You also had the opportunity to review the investigation report and submit a written response before the Decision-Maker issued this letter.

The Decision-Maker relied on the following findings of fact to support this determination: [INSERT findings of fact, e.g., “The students were found alone in the locker room. Video of the incident showed the Complainant crying.”]

Based on the foregoing, the Decision-Maker determined:

[INSERT whether a preponderance of the evidence substantiated each allegation and the rationale for that decision.]

The District will now take the following actions to restore and/or preserve equal access to the District’s education programs and activities: [INSERT broad description of action.]

For Complainant, remedial measures [will/will not] be provided.

For Respondent, the District [will/will not] impose disciplinary sanctions. [INSERT disciplinary sanctions to be taken, if any.].

The Title IX Coordinator will communicate separately with each party about applicable remedial measures.

Pursuant to the Policy, you may appeal this decision within 5 business days of receipt of this decision for the following reasons:

1. A procedural irregularity that affected the outcome;

2. New evidence that was not reasonably available at the time the determination of responsibility or dismissal decision was made that could affect the outcome; or

3. The Title IX coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against the Complainant or Respondent, generally or individually, that affected the outcome.

The Appeals process is described in the District’s Title IX Policy, which can be found here: [INSERT link to policy]. A hard copy of the Policy is also enclosed.

As a reminder, the District prohibits retaliation against any person who files a sexual harassment complaint or who cooperates in the investigation of such a complaint.

Please do not hesitate to contact me if you have any additional information or questions.

Sincerely,

[Decision-Maker]

Note: Include a hard copy of the District’s Title IX Sexual Harassment Policy with this letter.

Record Retention Requirements

Title IX Recordkeeping Protocol

The District establishes the following recordkeeping protocol for complaints or reports of sexual harassment under the District’s Title IX Sexual Harassment Policy. The records identified below must be maintained for at least 7 years from the date of creation.

1. Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, including:

a. The basis for the District’s conclusion that its response to the report was not deliberately indifferent;

b. Documentation demonstrating that the District has taken measures designed to restore or preserve equal access to the District’s education program or activity; and

c. If supportive measures are not provided to the Complainant, documentation of the reasons why such a response was not clearly unreasonable in light of the known circumstances.

2. Records of each sexual harassment investigation, including:

a. A determination of responsibility;

b. Disciplinary sanctions imposed on the Respondent;

c. Remedies provided to the Complainant; and

d. Appeal records, if applicable, including results of the appeal;

3. Records of any informal resolution, including the results of an informal resolution.

4. All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process. Training materials must also be maintained on the District’s website.

A copy of an investigation report involving a specific employee may also be kept in the employee’s file only as required or permitted by the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq.

Employees who document incidents or reports of Title IX sexual harassment should keep a copy of all written reports and documentation.

Student personally identifiable information is protected and must be kept confidential pursuant to state and federal law.



This notice will be posted in the Title IX Coordinator’s office. Copies are available in the Title IX Coordinator’s office.