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 has completed its investigation into discrimination allegations reported on [Insert date] by [name of reporter or person who filed complaint]. The Complaint alleged that: [Identify allegations, e.g., “John engaged in race-based harassment against Jane on the school bus on June 1”].

The District took the following procedural steps to investigate the allegations [This list is not exhaustive. 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 informing them of the commencement of the investigation and the allegations involved;

• Witness interviews;

• Party interviews;

• Site visits].

Based on a preponderance of the evidence, I make the following findings of fact: [Insert findings of fact relevant to whether the allegations are true and whether they constitute unlawful discrimination, harassment, or retaliation. Include specific dates, times, locations, and quotes. Make necessary credibility decisions and explain basis for those decisions.]

Based on the foregoing, I determine: 

[Insert conclusions about the application of the findings of fact to the Policy, e.g., “I find that, based on a preponderance of the evidence, the conduct created a hostile environment in violation of District Policy.”]

[If applicable, insert conclusions about the application of the findings of fact to other relevant code of conduct, policy, law, or rule, e.g., “Respondent’s behavior also violated other District policies and codes of conduct. Specifically, (identify and describe policy/law/rule/code section and how it was violated.)]

As a result of this determination, the District will take the following actions to restore or preserve equal access to the District’s education programs and activities: [Insert broad description of action.]

The Coordinator will communicate separately with each party about implementation of applicable remedial measures.

[If an appeal is offered, include the process for appealing here. For example: You may appeal this determination of responsibility within 5 days of this correspondence by sending written notice of the basis for your appeal to [Coordinator].].

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.