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.