SERIES 3000: OPERATIONS, FINANCE, AND PROPERTY
3100 General Operations
3115F Complaint Dismissal and Appeals
A. Complaint Dismissal
The District may dismiss a Complaint if:
1. The District is unable to identify the Respondent after taking reasonable steps to do so;
2. The Respondent is not participating in the District’s education program or activity and is not employed by the District;
3. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the applicable Coordinator declines to initiate a Complaint, and the District determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Unlawful Discrimination even if proven; or
4. The District determines the conduct alleged in the Complaint, even if proven, would not constitute Unlawful Discrimination. Before dismissing the Complaint and if necessary, the District will make reasonable efforts to clarify the allegations with the Complainant.
Upon dismissal, the District will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, the District will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing.
Upon dismissal, the District will take prompt and effective steps, as appropriate, through the applicable Coordinator, to ensure that Unlawful Discrimination does not continue or recur within the District’s education program or activity. The District will offer Supportive Measures to the Complainant as appropriate. The District will also offer Supportive Measures to the Respondent as appropriate if the Respondent has been notified of the Complaint allegations.
The District will notify a Complainant alleging Title IX Sex Discrimination that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the District will also notify the Respondent that the dismissal may be appealed.
B. Complaint Dismissal Appeal – Title IX Sex Discrimination Only
1. Complaint dismissals may be appealed within 5 days of receipt on the following bases:
a. Procedural irregularity that would change the outcome;
b. New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
c. The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
2. If the dismissal is appealed, the District will:
a. Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent;
b. Implement appeal procedures equally for the Parties;
c. Ensure that the Appeals Officer did not take part in an investigation of the allegations or dismissal of the Complaint;
d. Ensure that the Appeals Officer has been trained consistent with the applicable federal regulations;
e. Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
f. Notify the Parties of the result of the appeal and the rationale for the result.
The Appeals Officer will affirm the dismissal if it met any of the above-listed standards for dismissal, unless the Appeals Officer determines that dismissal will result in unremedied Unlawful Discrimination.
C. Determination Appeal Procedure – Title IX Sex Discrimination Complaints Only
Any party may appeal the determination to the Title IX Coordinator, who will appoint an Appeals Officer to hear the appeal. The appeal must be filed within 5 days of receipt of the determination. The Appeals Officer will offer each Party the opportunity to submit a statement in support of the appeal or in support of the original determination. The Appeals Officer will issue a written decision on the appeal within 5 days of the deadline for the Parties to submit statements.
D. Determination Appeal Procedures – Other Complaints
Unless expressly stated in writing by the Decisionmaker, other determinations are not subject to appeal.
Legal authority: 34 CFR 106.1, et seq.
Date adopted: 7/16/2024
Date revised:
