Title IX Gender/Sexual Discrimination
WHAT IS TITLE IX?
Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex, including sexual harassment and sexual assault, in education programs or activities that receive federal financial assistance. Title IX states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Nampa School District does not discriminate on the basis of sex. Parents and patrons with concerns related to gender or Title IX should contact a Title IX Coordinator: Steve Labau at (208) 468-4601, ext. 1080, for student concerns or the director of Human Resources Gwen Hamlin at (208) 468-4601, ext. 1045, for staff concerns. Their offices are located at 619 S. Canyon Street, Nampa.
NONDISCRIMINATION COMPLAINT PROCEDURES
A complaint must be in written form and filed within one year of the date of the alleged violation. However, that filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem that forms the basis of the complaint; or 2) Withholding of information that the district was required to provide.
The primary purpose of this regulation is to secure an equitable solution to a justifiable complaint. To this end, the following steps shall be taken:
PROCESS FOR RESOLUTION
An informal complaint must be written and signed by the complainant and it must set forth the specific acts, conditions or circumstances alleged to be in violation. Anyone with an allegation of discrimination may request an informal meeting with the school principal, unless the principal is the alleged respondent, in which case the complainant shall move to Level One – Formal Review to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve the issue at this meeting, the complainant may submit a written complaint to the Title IX coordinator.
Level One – Formal Review
A formal complaint must be written and signed by the complainant and it must set forth the specific acts, conditions or circumstances alleged to be in violation. The complaint must then be submitted to the compliance officer. For elementary students, the Title IX Coordinator is Executive Director of Elementary Education Shelley Bonds, and for secondary students it is Executive Director of Secondary Education Steve LaBau. Both can be reached at (208) 468-4601 Ext. 1080. Upon receipt of a complaint, the compliance officer will investigate the allegations set forth within thirty (30) calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation.
The compliance officer will provide the superintendent with a full written report of the complaint and the results of the investigation. The superintendent will respond in writing to the complainant and respondent as expeditiously as possible, but no later than thirty (30) calendar days following receipt of the written complaint. The response of the superintendent will include notice of the complainant’s or respondent’s right to appeal to the Board of Trustees, and will identify where and to whom the appeal must be filed.
The superintendent’s written response will state that the district will either deny the allegations contained in the written complaint received by the district or implement reasonable corrective measures to eliminate any such act, condition or circumstance within the school district.
Such corrective measures deemed necessary will be instituted as expeditiously as possible, but no later than thirty (30) calendar days following the superintendentʹs mailing of a written response to the respondent and the complaining party, unless otherwise agreed to by the complainant.
Level Two – Appeal to the Board of Trustees
If a complainant or respondent disagrees with the superintendent’s written decision, or if the superintendent fails to respond, the complainant or respondent may appeal to the district Board of Trustees by filing a written notice of appeal with the secretary of the Board by the tenth (10th) calendar day following:
- The date upon which the complainant and respondent received the superintendentʹs response, or
- The expiration of the 30-calendar-day response period stated in Level One, whichever occurs first.
The Board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant, the respondent and the superintendent or for good cause.
Both parties will be allowed to present such witnesses and testimony as the Board deems relevant and material. The Board will render a written decision by the (10th) tenth calendar day following the termination of the hearing and will provide a copy by certified mail or documented delivery to the complainant and respondent, unless otherwise agreed to by the complainant, the respondent and the superintendent or for just cause.
The response of the Board will include notice of the complainant’s or respondent’s right to appeal to the superintendent of the Idaho State Department of Education and will identify where and to whom the appeal must be filed.
Level Three – Appeal to the Superintendent of the Idaho State Department of Education
If a complainant or respondent disagrees with the decision of the Board of Trustees in connection with any matter that, if established, would constitute a violation, the complainant may appeal the Boardʹs decision to the superintendent of the Idaho State Department of Education.
The notice of appeal must be received by the superintendent of the State Department of Education on or before the twentieth (20th) day following the date upon which the complainant and respondent received written notice of the Board of Trusteesʹ decision.
The notice of appeal must be in writing in the form required by the superintendent of the Idaho State Department of Education and must set forth:
- A concise statement of the original complaint and the portions of the Board of Trustee’s decision that is appealed; and
- The relief requested by the complainant or respondent.
Level Four – Administrative Hearing
A complainant or school district that desires to appeal the written decision of the superintendent of the Idaho State Department of Education (SDE) must file a written notice of appeal with SDE within thirty (30) calendar days following the date of receipt of SDE’s written decision. In response to the request for an appeal, SDE will conduct a formal administrative hearing in conformance with the Administrative Procedures Act.
RELATED DISTRICT POLICY
District Title IX Coordinators
Title IX Training Materials
Title IX Basics: https://icslawyer.com/posting-for-review-k12-title-ix-basics/
Title IX Investigator / Decision-Maker Level 1: https://icslawyer.com/posting-for-review-k12-title-ix-investigator-decision-maker-level-1/
Title IX Coordinator: https://icslawyer.com/posting-for-review-k-12-title-ix-coordinator/