FORMAL GRIEVANCE POLICY

Title IX Grievance Procedure*

Compass Montessori School (“Compass”)

*To be read in concert with the standard Grievance Procedure in the Staff Handbook

 

Purpose

This procedure outlines Compass’ response to alleged violations of Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits sex discrimination, including sex-based harassment, in educational programs and activities.

 

Scope

This procedure applies to all students, employees, and third parties participating in or attempting to participate in any Compass education program or activity, including off-site or outside the United States.

 

Additional Provisions

•     Compass will treat complainants and respondents equitably in all Title IX processes;
•     Compass prohibits any Title IX Coordinator, investigator, or decisionmaker from having a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or A decisionmaker may be the same person as the Title IX Coordinator or investigator.
•     Compass presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
•     Retaliation in any form toward any involved party or witness is prohibited;
•     Compass will take reasonable steps to protect the privacy of the parties and witnesses during itsgrievance These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures.

 

Definitions (Per Federal Regulation)

Complainant:

(1) A student or employee who is alleged to have been subjected to conduct that could constitute discrimination under Title IX; or

(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX  and who was participating or attempting to participate in the Compass education program or activity at the filing of the complaint.

 

Complaint:  An oral or written request to Compass that objectively can be understood as a request to investigate and make a determination about alleged discrimination under Title IX or this part.

 

Grievance – Formal request for Compass to investigate and determine whether participants in Compass programs or activities are/were “responsible” or “not responsible” for alleged discrimination under Title IX – to ensure all issues are addressed and problems do not continue.

 

Party

A complainant or respondent.

 

Relevant:

Related to the allegations of sex discrimination under investigation as part of the grievance procedures described. Questions are relevant when they seek evidence that may aid in showing whether the alleged discrimination based on sex or gender occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged discrimination occurred.

 

Remedies:

Measures provided, as appropriate, to a complainant or any other person Compass identifies as having had their equal access to the Compass education program or activity limited or denied by discrimination based on sex or gender. These measures are provided to restore or preserve that person's access to the Compass education program or activity after a determination that discrimination based on sex or gender occurred.

 

Respondent

A person who is alleged to have violated the Compass prohibition against discrimination based on sex or gender.

 

Retaliation:

Intimidation, threats, coercion, or discrimination against any person by school administration, a student, or an employee or other person authorized by Compass to provide aid, benefit, or service under the Compass education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or this part, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including any resolution process described in these rules or other actions taken by Compass to resolve the reported issues. Nothing in this definition or this part precludes Compass from requiring an employee or other authorized person to provide aid, benefit, or service under the relevant Compass education program or activity, or to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing related to any complaint of discrimination based on sex or gender.

 

Sexual Harassment:

Conduct on the basis of sex or gender that satisfies one or more of the following:

 

A school employee conditioning the provision of any Compass aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;

 

Unwelcome conduct – by either staff or student - determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to any Compass education program or activity; or

 

Sexual assault, dating violence, domestic violence, or stalking.

 

 Supportive Measures:

Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

(1) Restore or preserve that party's access to the Compass education program or activity, including measures that are designed to protect the safety of the parties or Compass’ educational environment; or

(2) Provide support during Compass grievance procedures, including the informal resolution process.

 

Initial Complaint – Who May File

Regarding Sex-Based Harassment:

•     A “complainant,” which includes:
  •     A student or employee of Compass who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  •      A person other than a student or employee of Compass who is alleged to have been subjected toconduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in a Compass education program or activity;
•      A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
•      The Compass Title IX

Regarding any other Sex-Based Discrimination:

•      Any student or employee at Compass; or
•      Any person other than a student or employee who was participating or attempting to participate in a Compass education program or activity at the time of the alleged sex

 

Initial Complaint – When

•      As soon as possible, preferably within 30 days of the alleged incident; and
•      As soon as the complainant has knowledge.

 

Initial Complaint – How

•      Contact the Title IX Coordinator at (303) 420-8288 or [email protected]; or
•      Submit a complaint via the online form: https://forms.gle/1WKdBHHaMcsTE1mKA

 

Initial Assessment

Upon receiving a complaint, the Title IX Coordinator will conduct an initial assessment to determine:

•      If the complaint falls under Title IX jurisdiction;
  •      The event occurred in a building owned or controlled by Compass, or took place off campus during a school sanctioned program or activity, even outside of the United States; and
  •      The event was subject to Compass’ disciplinary authority.
•       And whether immediate remedies, such as removal and/or supportive measures are needed to protect the complainant.

 

Supportive Measures:

Compass will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to a Compass education program or activity or provide supportduring Title IX grievance procedures, including determination or informal resolution process. Such supportive measures may include removal, protective agreements or orders, class reassignment, and any other necessary measures, consistent with a commitment to utilize the least restrictive measures to achieve the goal of physical and emotional safety for both parties.

Confidentiality

All complaints will be handled with sensitivity and discretion. The school will strive to protect the privacy of all parties involved, consistent with legal obligations.

 

Consolidation

Compass may consolidate complaints of sex discrimination against more than one respondent, or by morethan one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances, unless to do so would violate the Family Educational Rights and Privacy Act (FERPA) and there is no prior written consent from the parents or eligible students (18 or older) for disclosure of their education records.

 

Dismissal of a Complaint

Compass may dismiss a complaint of sex discrimination if:

•    Compass is unable to identify the respondent after taking reasonable steps to do so;
•     The respondent is not participating in a Compass education program or activity and is not employed by Compass;
•     The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IXCoordinator declines to initiate a complaint, and Compass determines that, without the complainant’swithdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
•     Compass determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Compass will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, Compass will promptly notify the complainant of the basis for the dismissal. If the dismissaloccurs after the respondent has been notified of the allegations, then Compass 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.

Compass will notify the complainant 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 Compass will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

•     Procedural irregularity that would change the outcome;
•     New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
•     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.

When a complaint is dismissed, Compass will, at a minimum:

•     Offer supportive measures to the complainant as appropriate;
•     If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
•     Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within a Compass education program or activity.

If the dismissal is appealed, Compass will:

•     Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
•     Implement appeal procedures equally for the parties;
•     Ensure the appellate decision maker did not take part in an investigation of the allegations or dismissal of the complaint;
•     Ensure the appellate decision maker for the appeal has been trained consistent with the Title IX regulations;
•     Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
•     Notify the parties of the result of the appeal and the rationale for the

 

Notice of Allegations:

Upon initiation of the Compass Title IX grievance procedures, Compass will notify the parties of the following:

•     Compass Title IX grievance procedures and any informal resolution process;
•     Sufficient information available at the time to allow the parties to respond to the allegations, includingthe identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s); and
•     Their right to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

 

Filing a Formal Grievance

If Title IX is invoked, a complainant, a Parent or Guardian, or the Title IX Coordinator may submit a formal grievance, including details of the incident, involved parties, and any known witnesses, to trigger an investigation.

 

Investigation:

Upon receipt of a formal grievance, the Title IX Coordinator will investigate or appoint an impartial investigator to:

•      Conduct an adequate, reliable, and impartial investigation;
•      Gather relevant evidence regarding the allegation(s), including interviews, written statements and/or document review;
•      Objectively evaluate all evidence that is relevant and not otherwise impermissible, including bothinculpatory and exculpatory evidence;
•      Provide parties with an equal opportunity to access relevant evidence when not otherwise impermissible;
•      Provide an Investigative Report to all parties (and any advisors); and
•      Allow 10 days for parties to respond before finalizing the Investigative Report.

 

Gathering of Evidence

Compass will take reasonable steps to prevent and address the parties’ unauthorized disclosure ofinformation and evidence obtained solely through the grievance procedures. Disclosures of such informationand evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

•      The following types of evidence, and questions seeking that evidence, are impermissible (e., will not be accessed or considered, except by Compass to determine whether one of the exceptions listedbelow applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
  •     Evidence that is protected under a privilege recognized by Federal or State law or evidenceprovided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  •     Records of a party or witness made or maintained by a physician, psychologist, or otherrecognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Compass obtains voluntary, written consent from that party or witness; and
  •     Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between thecomplainant and respondent does not by itself demonstrate or imply the complainant’s consent tothe alleged sex-based harassment or preclude determination that sex-based harassment occurred.

 

Formal Decision Making

Formal process to determine whether participants in Compass programs or activities are/were “responsible” or “not responsible” for alleged discrimination under Title IX –to ensure all issues are addressed and problems do not continue.

•      If formal decision making is employed, the burden is on Compass—not on the parties—to provide sufficient evidence to determine whether sex discrimination occurred.
•      A formal process will commence, guided by the decision maker in which each part will have an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidencethat is relevant and not otherwise
•      The decision maker will have the opportunity to question parties and witnesses to adequately assesscredibility to the extent it is both in dispute and relevant to evaluating one or more allegations of sex discrimination.
•     The decision maker will apply the preponderance of the evidence (more likely than not) standard of proof to relevant and not otherwise impermissible evidence to determine whether sex discrimination occurred.
•     If the decision maker is persuaded under the applicable standard that sex discrimination occurred,the decision maker will make a finding of “responsible” regarding the Respondent.
•     If the decision maker is persuaded under the applicable standard that sex discrimination did not occur, the decisionmaker will make a finding of “not responsible” regarding the Respondent.

 

Informal Resolution

If the discrimination is alleged to have taken place between students, the parties may elect to participate in an informal--rather than formal--resolution process.

•      If informal decision making is employed, a neutral facilitator who is not the Title IX Coordinator will be selected and advise parties regarding the process, including ensuring adequate sharing of relevant evidence prior to any informal proceeding.
•      The informal proceeding will be scheduled as soon as possible and within established time frames, unless good cause is found for delay.
•      At such proceeding, both parties will have an opportunity to informally discuss events and any relevant evidence with the informal decision maker and work in good faith toward agreement regarding an appropriate course of action. Any agreed-upon course of action will be the least restrictive remedy designed to achieve physical and emotional safety, as well as eliminate any barriers to participation in Compass programs and activities, for both parties.

 

Outcome:

Once either review process—formal or informal--is complete, the Title IX Coordinator will:

•     Provide a written determination to both parties, including:

•     A description of the allegations.
•     A summary of the evidence.
•     A conclusion as to whether the allegations were substantiated.
•     Any recommended actions or remedies.     
  •     Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
  •     Refrain from imposing discipline on a respondent for sex discrimination prohibited by Title IX unlessthere is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
  •     If there is a determination that sex discrimination occurred (as appropriate):
•     Coordinate the provision and implementation of remedies to a complainant and other people Compass identifies as having had equal access to a Compass education program or activity limited or denied by sex discrimination;
•     Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
•     Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Compass education program or activity.
  •     Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
  •     Refrain from discipline of a party, witness, or any other participating in the grievance procedures for making false statements or engaging in consensual sexual conduct based solely on the determination regarding whether sex discrimination occurred.

 

Appeals

• Either party may appeal the decision on the following grounds:

• Procedural irregularities;
• New evidence that could affect the outcome; or
• The conclusion was not supported by the evidence.

• Appeals must be submitted in writing to the Title IX Coordinator, who will appoint an appeals officer to review the case.

 

Timeframes

Compass has established the following timeframes* for the major stages of the grievance procedures:

•     Initial Assessment and Supportive Measures: Within 10 school days of complaint.
•     Determination Regarding Formal Grievance (by the Title IX Coordinator): Within 10 school days of Complainant’s decision whether to file a formal grievance.
•     Notice of Complaint to Respondent: Within 5 school days of submission of formal grievance.
•     Investigation: Completion within 30 calendar days of formal grievance, excluding weekdays school is not in session, unless investigation may reasonably proceed otherwise.
•     Investigative Report (Provided to Both Parties): Within 10 school days of formal grievance.
•     Determination of type of proceeding and scheduling of formal or informal decision making (by Title IX Coordinator): Within 5 school days of issuance of Investigative Report.
•     Informal Decision Making (If applicable): Scheduled within 30 calendar days of determination of type of proceeding, unless good cause is found for delay.
•     Formal Decision Making (if applicable): Within 60 calendar days of determination of type of proceeding, unless good cause is found for delay. The designated decision maker will establish timelines for disclosure of evidence and witnesses to the other party.
•     Appeal: Initiated by either party within 30 calendar days of a formal decision.

*Either party may request the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay and the specific extension requested.  Such requests must be submitted as soon as possible after the time frames are established but may not be made within 5 calendar days prior to the scheduled Formal or Informal proceeding.

 

Disciplinary Sanctions and Remedies:

•      Following a determination that discrimination or harassment occurred, Compass may impose disciplinary sanctions, which could include schedule changes, a required course related to the alleged offense, suspension or expulsion.
•      Compass may also provide remedies, which may include protective agreements or orders, class reassignment or other appropriate measures designed to ensure safety and full access to Compass programs and activities.

 

Retaliation

Retaliation against anyone involved in the grievance process is strictly prohibited. Any acts of retaliation should be reported immediately.

 

Review

This procedure will be reviewed annually and revised as necessary to ensure compliance with Title IX .