The district does not discriminate on the basis of sex and prohibits sex discrimination in all education programs and activities operated by the district, as required by Title IX, including in admission and employment.

 

Inquiries about the application of Title IX to the district may be referred to the district Title IX coordinator:  

 

Alaura Rappenecker

311 E Division St.

Morning Sun, IA  52640

alaura.rappenecker@mscsd.org

319-868-7701

 

Inquiries can also be directed to the Office of Civil Rights.

 

The district’s Title IX Nondiscrimination policy and grievance procedures are located in electronic format within the district’s policy reference manual, accessible through the district’s website.  For questions locating this policy, please contact the board secretary.

 

Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of sex discrimination should contact the district’s Title IX Coordinator:

 

Alaura Rappenecker

311 E Division St.

Morning Sun, IA  52640

alaura.rappenecker@mscsd.org

319-868-7701

All employees will receive training on the district’s obligation to address sex discrimination in the district’s education programs and activities.  The training will include but not be limited to the scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment, pregnancy related conditions and the district’s response to sex discrimination.

 

Employees who serve as investigators, decisionmakers, and responsible for implementing grievance procedures, or who can modify or terminate supportive measures will receive training that includes but is not limited to the district’s response to sex discrimination, grievance procedures, how to serve impartially (if applicable to their role), and the meaning of the term “relevant” as applied in CFR 106.45 & 46.

 

Employees who facilitate informal resolutions will receive the training for all employees listed above as well as training on the requirements of the informal resolution process and how to serve impartially.

 

Employees who serve as the Title IX coordinator or designee must receive all of the training listed above as well as their job specific responsibilities, recordkeeping requirements, and any other training necessary to comply with Title IX.

It is a priority of the District that all students have the opportunity to succeed academically.  In particular, students who are experiencing pregnancy and related conditions should receive the supports necessary to continue their education through successful completion.  For this purpose, the District outlines measures the District will take to ensure opportunity for academic success for pregnant students.

 

Pregnant students will be treated in the same manner as other students with temporary medical conditions.  When a student or their parent informs any employee of the student’s pregnancy or related conditions, the employee will provide the Title IX Coordinator’s contact information to the student or student’s parents, and explain that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and endure the student’s equal access to the recipient’s education program or activity.

 

The Title IX Coordinator will coordinate the following actions:

• Inform the pregnant student of the district’s obligations and provide the Title IX Notice of Non-Discrimination.
• Make reasonable modifications to any district policies, practices or procedures as necessary to prevent sex discrimination and help ensure equal access to the district’s education program and activities.  Modifications will be tailored to the needs of the student and will not fundamentally alter the education program or activities.
• Allow the student to voluntarily access any separate and comparable portion of the education program or activity.
• Permit the student to take a temporary leave of absence from the education program or activity with no loss of academic status, if deemed medically necessary by the student’s medical provider.
• Permit access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion or interruption, and be able to be used by a student to express breast milk or breastfeed as needed.

 

Students affected by this regulation should reach out to the Title IX Coordinator with any questions or concerns related to the implementation of this regulation.

The district will respond to reports of sex discrimination promptly and efficiently.  All district employees are required to immediately notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination.  Failure to timely notify the Title IX Coordinator may result in disciplinary action up to and including termination of employment.

 

The Title IX Coordinator will:

• Treat the complainant and respondent equitably
• Offer supportive measures for the Complainant as appropriate, and if grievance procedures have been started, offer supportive measures to the Respondent as appropriate.
• Notify the complainant of the grievance process and informal resolution process if appropriate and requested by all parties.
• Determine whether to start a complaint of sex discrimination in the absence of a complaint, and in the absence of termination or an information resolution process.
• Take appropriate and necessary steps to ensure sex discrimination does not continue to occur within the district.

 

Meeting with the Complainant

 

Upon receipt of any report of sexual harassment occurring in the District’s educational program or activity, the Title IX Coordinator or designee will schedule a meeting with the Complainant in order to provide the Complainant a general understanding of this policy and related processes.  At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed.  The Complainant may opt for: (1) informal resolution; (2) formal resolution; or (3) not proceeding.  Supportive measures may still be offered whether or not the Complainant chooses any of these options.

 

Supportive Measures

 

Supportive measures may vary based on the specific facts of each situation and what the district can reasonably offer.  The purpose of supportive measures is to allow equitable access to the education program and activities for the parties involved in a complaint.  Supportive measures will not be used as a punishment for any party.  They may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort services, increased monitoring of certain areas of campus, restrictions on contact applied to one or more individuals, leave of absence, changes in class/work/extracurricular activity, and training and education programs related to sex-based harassment.  The District will review supportive measures and determine whether to modify or terminate these measures at the conclusion of any grievance or informal resolution process.

 

Informal Resolution

 

The District may offer to the complainant and respondent the option to engage in an informal resolution process to resolve complaints of sex discrimination unless the compliant is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws.  The informal resolution process can occur at any time prior to a determination whether sex discrimination occurred.  The parties to a complaint must voluntarily consent to the informal resolution.  Before the parties may consent to this process the Title IX Coordinator will provide notice to the parties that explains:

• the allegations,
• the requirements of the informal resolution process,
• that, before agreeing to a resolution, either party may withdraw their consent to the informal process and start or resume a grievance process,
• that the parties’ agreement to a resolution through the informal process would be a final resolution that would stop any grievance process for those allegations,
• possible terms that could be included in an informal resolution agreement,
• that resolution is binding only on the parties, and
• what information the District will retain and whether/how that information may be disclosed.

 

If informal resolution is pursued, the Title IX Coordinator will provide the parties with written notice of the allegations and provide adequate time for the Title IX Coordinator to consult with all parties to gather relevant permissible evidence, discuss supportive measures for each party, if appropriate, and discuss an acceptable resolution to the allegations.  Once an agreement is reached, the Title IX Coordinator will commit the terms to writing and each party will sign their commitment to the agreement.

 

Emergency Removal and Administrative Leave

 

In rare circumstances, the District may remove a student respondent from the education program or activity after the district performs an individualized safety and risk analysis and decides an imminent and serious threat to the health or safety of the complainant or others justifies removal.  The District will provide the respondent with notice and opportunity to challenge the decision immediately after the removal.

 

Likewise, the District may determine to place employee respondents on administrative leave during the pendency of the grievance process.

This regulation discusses the steps required in handling complaints of sex discrimination when the allegation is that an individual(s) engaged in conduct that constitutes sex discrimination.

 

The following individuals can make a complaint of sex discrimination including complaints of sex-based harassment, and request the District to investigate and make a decision about alleged Title IX violations:  a complaint, a parent, guardian, or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX Coordinator.

 

The following individuals can make complaints of sex discrimination but not sex-based harassment:  any student or employee, any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.  The district’s designated Title IX Coordinator is 

Alaura Rappenecker

311 E Division St.

Morning Sun, IA  52640

alaura.rappenecker@mscsd.org

 

The district will treat complainants and respondents equitably.  The District requires that the Title IX Coordinator and any other district official involved in facilitating these grievance procedures not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.  The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

 

1.  Timeframes for Investigation, Decision, and Appeal

 

The district has established the following timeframes for the major stages of the grievance procedures:  Generally, the district will attempt to complete the investigation and make a determination regarding responsibility within twenty (20) calendar days of receipt of a complaint.  However, the District may alter or extend this time with notice to both parties.  The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process.  The Investigator will issue a written decision to all parties.

 

The complaint is closed after the Investigator has issued the written decision, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why they believe the decision should be reconsidered.  Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information.  The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision.

 

The decision of the superintendent shall be final.

 

The district has also established the following process that allows for 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:  the Investigator will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is warranted.  If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint and provide a reasonable amended timeframe by which a decision will be issued.

 

1. Privacy and Neutrality of the Grievance Process

 

The district will take reasonable steps, including requiring the parties to protect the privacy of the parties and witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed.  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.  The parties cannot engage in retaliation, including against witnesses.

 

The district will objectively evaluate all evidence that is relevant and not otherwise impermissible including both inculpatory and exculpatory evidence.  Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

 

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, expect by the district to determine whether one of the exceptions listed below 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 evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the district obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; 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 the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment has occurred.

 

1. Notice of Allegations

 

Upon initiation of the District’s Title IX grievance procedures, the district will notify the parties of the following:

• The district’s Title IX grievance procedures and any informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the 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);
• Retaliation is prohibited; and
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

 

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

 

1. Investigation

 

The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint.  The Investigator must be appropriately trained and serves as a neutral fact-finder, and shall interview both parties, relevant witnesses, and gather and review evidence relevant to the outcome of the complaint.

 

The district will provide for adequate, reliable, and impartial investigation of the complaints.

 

The burden is on the district–not on the parties–to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

 

The district will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

 

The district will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

 

The district will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• The district will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence.  If the district provides a description of the evidence, the district will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
• The district will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
• The district will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.  Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

 

The district will provide a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.  The district will provide to the parties prior written notice of the date, time, and location, of any interview of that party.  Advisors may attend the interview in an observational capacity only.  Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness.

 

1. Determination of Responsibility

 

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the district will:

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred.  The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness.  If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• 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;
• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there 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, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people the district identifies as having had equal access to the district education program or activity limited or denied by sex discrimination.
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the district education program or activity.
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

 

1. Dismissal and Appeal of a Complaint

 

The district may dismiss a complaint of sex discrimination if:

• The district is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in the district education program or activity and is not employed by the district;
• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX 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 sex discrimination under Title IX even if proven; or
• The district determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.  Before dismissing the complaint, 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.

 

The district 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 the district 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.

 

If the dismissal is appealed, the district 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 that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the decisionmaker 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 results of the appeal and the rationale for the result.

 

When a complaint is dismissed, the district 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 with the district education program or activity.

 

1. Appeal of Determinations, if offered

 

The district offers the following process for appeals from a determination whether sex discrimination occurred:  Within ten (10) working days of receipt of the written determination, any party may appeal the determination and/or any sanction imposed.  Appeals will be made in writing to the Superintendent or their designee.

 

Appeals will be limited to any of the following bases:

• A procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or
• The Title IX Coordinator or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter.

 

Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and appeal to the superintendent.  With 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information.  The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision.  Notification shall be by U.S. mail, first class.

 

The decision of the superintendent shall be final.

 

1. Supportive Measures

 

The district will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the district education program or activity or provide support during the district Title IX grievance procedures or during the informal resolution process.

 

1. Disciplinary Sanctions and Remedies

 

Following a determination that a student(s) committed sex-based harassment, the district may impose disciplinary sanctions on the student(s), which may include but not be limited to education and training related to Title IX, removal from the educational environment in accordance with all other applicable laws, change of classroom assignment or class schedule, suspension, expulsion.

 

Following a determination that an employee(s) committed sex-based harassment, the District may impose disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment.

 

The district may also provide remedies, which may include counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision.

This regulation discusses the steps required in handling complaints of sex discrimination when the parties have mutually agreed to pursue informal resolution of complaints of sex discrimination.

 

Informal resolution is available unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws.  Prior to consenting to the informal resolution process, the Title IX Coordinator will provide written notice to the parties as described in 106.01R3 and will obtain written consent from both parties to participate in Informal Resolution.  If either party declines to consent to Informal Resolution, the Complainant will be given the option of withdrawing the Title IX complaint and proceeding with supportive measures only (if applicable) or proceeding with the formal grievance procedure described in 106.01R4.

 

The district will provide a process where the Title IX Coordinator or a trained Informal Resolution facilitator designed by the Title IX Coordinator, will meet with each party to gather information about each party’s perspective on the complaint and proposed resolution to the complaint.  If necessary, the Title IX Coordinator or designee will gather additional information from other individuals, where relevant to developing a proposed resolution to the complaint.

 

The Title IX Coordinator will propose a resolution in writing to both parties after taking into consideration the requests of the parties and appropriate resolution and supportive measures as determined by the Title IX Coordinator or designee.  The Title IX Coordinator or designee will work with the parties to finalize the terms of the resolution agreement.  Once agreed upon by the parties, both parties will sign the resolution agreement, which will affirm that they have voluntarily agreed to the resolution agreement and that it is the final, binding resolution of the Title IX complaint.  If both parties sign the Agreement, the Title IX complaint will be closed and no further action will be taken by the District (other than to ensure compliance with the resolution agreement).  In general, the Title IX Coordinator or designee will attempt to complete the Informal Resolution process within ten (10) school days after the parties consent in writing to participate.  The signed Informal Resolution Agreement will be provided to both parties, the building administrator or supervisor responsible for overseeing the implementation of the agreement, and other district employees only on a need-to-know basis.  A copy will be maintained by the Title IX Coordinator in compliance with the timelines required by Title IX.

 

If an acceptable agreement cannot be developed, or if either or both parties decline to sign the resolution agreement, the Title IX Coordinator will notify both parties that Informal Resolution has not been successful.  If the Complainant wishes to proceed with the formal grievance procedure described in 106.01R4, the Title IX Coordinator will assign the complaint to an Investigator who was not involved in the Informal Resolution process to conduct the investigation into the complaint.  All procedures and timelines in 106.01R4 will apply once the matter is moved to the formal grievance process.