Non-Discrimination Policy
Non-Discrimination Policy
The Norwich Free Academy does not discriminate in its educational programs, services or employment on the basis of race, religion, gender, national origin, color, handicapping condition, age, marital status or sexual orientation. This is in accordance with Title VI, Title VII, Title IX and other civil rights or discrimination issues; Section 504 of the Rehabilitation Act of 1973 as amended; and the Americans with Disabilities Act of 1991.
Non-Discrimination Policy (#4118)
Title IX Co-Coordinators
Clarence Cooper
Dean of Students
860-425-5790
Amy Labas
Dean of Students
860-425-5790
Regulations
Prohibition Against Sexual Harassment: Response to Reports of Sexual Harassment and Grievance Procedures for Formal Complaints
The Norwich Free Academy will respond to all incidents of sexual harassment: (a) of which it has actual knowledge, and (b) that occurs within the school’s education program or activity and c) occurs against a person in the United States.
“Actual knowledge” means notice of sexual harassment or an allegation of sexual harassment brought to the attention of the Title IX Coordinator(s), any official of the school who has authority to institute corrective measures on the behalf of the school, as well as to any school employee. Accordingly, any school employee with actual knowledge that sexual harassment is occurring shall notify the school’s Title IX Coordinator(s).
Education program or activity includes locations, events, or circumstances over which the school exercises substantial control over both the respondent (perpetrator of sex discrimination/sexual harassment) and the context in which the sex discrimination/sexual harassment occurs. In addition to occurring on school grounds, sex discrimination/sexual harassment may potentially occur off campus, in places or situations where athletic and extracurricular activities occur, on field trips, on the school bus, at school related conferences or through use of school technology depending upon whether the school exercises control over both the respondent and the context in which the sexual harassment occurs.
Prohibition Against Sexual Harassment Policy (#4118.11(b)/4218.11)
- Reporting of Sexual Harassment
- Response Including Supportive Measures
- Emergency Removal/Administrative Leave
- Dismissals of Complaints
- Grievance Procedures (formal complaints only)
- Remedies
- Appeal
- Retaliation
- Informal Resolution
- Confidentiality
- Record Keeping
- Alternate Complaint Procedures
- Statement of Protected Rights
- Mandated Reporters
- Training
Reporting of Sexual Harassment
Informal Reports
Any person, including parent/guardians, students, employees and third parties may report sexual harassment occurring in the school’s education program or activity. Reporting may be in person, by mail, telephone, or by electronic mail, using the contact information provided for the Title IX Coordinator(s). Reports may be made during non-business hours. Reports may be made anonymously. When a reporter fails to identify a specific complainant (victim of sexual harassment) or to identify him/herself as the reporter, the school’s response may be limited.
Informal complaints will be accepted in any manner; however, the form for making an informal report can be found here, and from the Title IX Coordinator(s).
Formal Complaint
While third parties may make informal reports of sexual harassment occurring in the school’s education program or activities, a formal complaint may only be made by a complainant or be signed by the Title IX Coordinator, triggering an investigation. A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment and requesting that an investigation commence.
While there is no time limit for making an informal report or filing a formal complaint of sexual harassment, reporters/complainants are encouraged to promptly report incidents of sexual harassment to avoid the potential loss of evidence, a lapse in the memories of parties or witness or the unavailability of persons key to an investigation. The school understands that a victim may decide not to report sexual harassment, to file a formal complaint and/or may decide to wait to come forward with a report/formal complaint for a variety of reasons. The District/Academy respects complainants’ decisions. However, the Title IX Coordinator has discretion to sign a formal complaint that initiates the grievance process where necessary to avoid deliberate indifference to sexual harassment even without a formal complaint from the complainant.
Formal complaints will be accepted in any manner; however, the form for making a formal complaint can be found here, and from the Title IX Coordinator(s).
Supportive measures will be offered to a complainant with or without a formal complaint.
Response Including Supportive Measures
Upon actual knowledge of sex discrimination/harassment, the Title IX Coordinator will promptly contact the complainant to advise and discuss with the complainant (1) the availability of supportive measures (with or without a formal complaint), and consider the complainant’s wishes with respect to supportive measures, (2) the right to file a formal complaint, and (3) how to file a formal complaint. The complainant shall be provided with a copy of the school’s policy prohibiting discrimination and these regulations containing its grievance procedure.
With or without the filing of a formal complaint, a complainant as well as a respondent shall be offered, free of charge, non-disciplinary, non-punitive individualized supportive measures. Supportive measures are designed to restore or preserve equal access to the education program or activity, protect the safety of all parties and the educational environment, and deter sexual harassment, without unreasonably burdening the other party.
Supportive measures may include, but are not limited to:
- Counseling
- Course adjustments
- Modification of work
- Modification of class schedules
- Escorts
- Increased monitoring
- Restrictions on contact
Supportive measures may be modified at any time as appropriate based upon changed or evolving circumstances and may be offered before or after the filing of a formal complaint or where no complaint has been filed at all. Supportive measures may also be part of any ultimate remedy.
No disciplinary action or other punitive measure for sexual harassment shall be taken against a respondent without first following the grievance procedures set out herein and a determination of responsibility has been made. If the respondent has engaged in conduct other than sexual harassment in violation of a code of conduct or similar restriction, the respondent may be disciplined for such action(s) notwithstanding an ongoing investigation.
Emergency Removal/Administrative Leave
With or without the filing of a formal complaint, an emergency removal of a respondent from the education program or activity is permissible provided that the school 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, and provides notice and an opportunity to challenge the decision. This does not modify any rights under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act (ADA).
A non-student employee respondent may be placed on administrative leave during the pendency of an investigation.
Dismissals of Complaints
Mandatory Dismissal
A complaint of sexual harassment must be dismissed if:
1.) it fails to allege conduct that constitutes sexual harassment, even if proved;
2.) the alleged conduct did not occur in the school’s activity or program or
3.) the alleged conduct did not occur against a person in the United States.
Permissive Dismissal
A complaint of sexual harassment may be dismissed if:
1.) the complainant notifies the Title IX Coordinator that he/she wishes to withdraw the complaint or an allegation;
2.) the respondent’s enrollment or employment ends;
3.) specific circumstances exist that prevent the school from gathering enough evidence to reach a determination (i.e. significant passage of time between the formal complaint and the alleged conduct; failure of a complainant to cooperate with the grievance process).
The complainant and the respondent will promptly and simultaneously be provided written notice of the dismissal of a complaint or allegation including the reasons for the mandatory or discretionary dismissal and an explanation of appeal rights.
Grievance Procedures (formal complaints only)
Grievance Procedures consistent with the regulations under Title IX as promulgated by the U.S. Department of Education and the principles of due process, the Norwich Free Academy Board of Trustees adopts the following Grievance Procedures responsive to formal complaints;
a. Notice
- Written notice of the complaint shall be provided to the respondent prior to an initial interview with the respondent.
- Written notice provided to the respondent shall include:
- of the Grievance Procedure, including any informal resolution process;
- notice of the allegations in sufficient detail to allow the respondent to prepare a response;
- a statement that the respondent is presumed innocent and responsibility will be determined at the conclusion of the Grievance Process;
- notice of the right to have an advisor to inspect/review evidence; and
- notice of any provision in applicable codes of conduct that prohibit knowingly making false statements or providing false information in the grievance process.
Likewise, the complainant shall be provided written notice of a formal complaint.
Additional written notice shall be provided to the parties in the event of additional or revised allegations of sexual harassment.
b. Investigation
The school will promptly investigate all formal complaints of sexual harassment in accordance with these grievance procedures. The school will designate personnel to investigate formal complaints and such personnel shall be trained in accordance with this regulation. The person designated as the investigator may not be the same person as the Decision-maker.
The respondent shall be entitled to a presumption of “innocence” until the investigation is complete. Both parties are to be treated fairly throughout the investigation and shall be entitled to an unbiased investigator who has not prejudged the matter being investigated.
The burden of proof shall be by a preponderance of the evidence. Both parties shall be provided with an equal opportunity to present facts and witnesses and other inculpatory or exculpatory evidence.
Each party shall have the opportunity to select an advisor of the parties “choice.”
The school shall send written notice to both the complainant and respondent of any investigative interviews or meetings.
The complainant and respondent and their advisors, if applicable, shall be provided evidence directly related to the allegations (electronic or hard copy) with at least ten (10) days to inspect, review and respond to the evidence. Such evidence shall not be further disseminated by the parties. The parties and advocates shall not further disseminate such evidence and may be required to execute a non-disclosure agreement.
The complainant and respondent shall not be prohibited from discussing the allegations or gather evidence (i.e. no “gag” orders). All parties First Amendment rights shall be honored.
Confidential information such as medical or psychological reports cannot be used as part of the investigation without written voluntary consent of the party.
Evidence of the complainant’s prior sexual activity is not relevant and may not be introduced except to prove that someone other than the respondent committed the alleged misconduct or is offered to prove consent.
Supportive measures shall be offered to the complainant or respondent pending a final resolution after consultation with them.
c. Investigative Report
At the conclusion of the investigation, the investigator conducting the investigation shall prepare a report summarizing the evidence, shall provide a copy to the complainant and respondent, and give the parties ten (10) days to respond. Each party shall be provided an opportunity to submit written, relevant questions that a party wants asked of the other party, or a witness, and provide each party with the answers to such questions.
d. Decision Maker (may not be the same person as Title IX Coordinator or the Investigator)
The decision maker is the Director of Campus Safety and must review the evidence applying the preponderance of the evidence standard and issue a written determination regarding responsibility with findings of fact, conclusions as to whether the conduct alleged occurred; the rational for the result as to each allegation; and any discipline imposed on the respondent, and any other remedies to be provided to the complainant to restore or preserve equal access to the school’s education program or activity
The written determination will be sent simultaneously to the parties along with an explanation of how to file an appeal.
Remedies
Remedies will be provided to a complainant when a respondent it found responsible. Remedies shall be designed to maintain the complainant’s equal access to education.
The range of remedies where violation is found to have occurred can range from counseling to serious discipline, up to and including expulsion/termination.
The range of remedies depends on the circumstances but may include previously provided supportive measures, grade changes, and the opportunity to retake a test or resubmit an assignment, reassignment of class, school-based counseling, and reinstatement to a team or activity as well as other appropriate measures.
The Title IX Coordinator(s) shall oversee the effectiveness of the remedies toward ensuring no continued discrimination occurs.
Appeal
An appeal of the determination may be filed by either party with the Superintendent/Head of School, for one of the following reasons:
1.) procedural irregularities
2.) newly discovered evidence that could affect the outcome
3.) the Title IX personnel (Title IX coordinator, investigator/decision maker, etc.) had a conflict of interest or bias that altered the outcome
Retaliation
Informal Resolution
At any point in the formal complaint process,
the school’s Title IX Coordinator, in his/her discretion, may offer an informal resolution option such as mediation or restorative justice. The staff member appointed to conduct the informal resolution shall be unbiased and receive appropriate training.
Both parties must give voluntary, informed, written consent.
Either party has a right to withdraw consent at any time, in which case the formal investigation shall proceed.
The informal resolution process shall not be available if the complainant/victim is a student and the respondent is an employee.
Informal resolution may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation or restorative justice.
Confidentiality
Record Keeping
The school must keep records related to reports of alleged sexual harassment for a minimum of seven years, including investigation records, disciplinary sanctions, remedies, appeals, and records of any action taken, including supportive measures. Additionally, the school must also keep for a minimum of seven years any materials used to train Title IX Coordinators, investigators, decision makers, any employee designed to facilitate an informal process.
Alternate Complaint Procedures
In addition, or as an alternative to the filing of a sex discrimination/sexual harassment complaint through the school’s grievance procedure, a person may choose to file a complaint with the Office for Civil Rights of the United States Department of Education, any other state or federal agency designated to receive such complaints and/or to report an incident of sexual harassment to law enforcement.
Statement of Protected Rights
Mandated Reporters
Training
Training shall be provided to Title IX personnel, including, but not limited to, Title IX Coordinators, investigators, decision makers, and any employee designed to facilitate an informal process in accordance with the regulation under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time.
Training shall include, but is not limited to, explanation or instruction regarding:
- the definition of “sexual harassment”
- grievance procedures
- how to conduct an investigation
- how to prepare an investigative report
- training on any technology that might be needed to carry out responsibility for investigation or decision making (e.g. recording device for live hearing)
- issues of relevance including how to apply rape shield protections for complainants and application of legally recognized privilege
Training may additionally be provided to other school employees as deemed appropriate.
A record shall be kept reflecting the names of all employees who receive training along with the date and nature of the training.
Materials used to train personnel can be found here. They are maintained as required under the regulations under Title IX as promulgated by the U.S. Department of Education, as it may be amended from time to time.