3365 Title IX Sexual Harassment - Employees

CESA 5 does not discriminate on the basis of sex in its education programs or activities, and it is required by Title IX of the Education Amendments of 1972 and its implementing regulations in 34 C.F.R. Part 106 (collectively “Title IX”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and the Wisconsin Fair Employment Act (Wis. Stat. §§111.31- 111.395), not to discriminate in such a manner. The requirement not to discriminate in CESA 5’s education programs and activities extends to employment. Inquiries about the application of Title IX may be referred to the Title IX Coordinator or the United States Department of Education’s Office for Civil Rights, or both. Contact information for the Title IX Coordinator is provided below.

This policy is only intended to address discrimination on the basis of sex against employees under state law and Title IX. Any other type of discrimination and harassment against employees, based on race, color, national origin, age, creed or religion, genetic information, disability, citizenship status, veteran status, ancestry, arrest record, conviction record, or any other status protected by law, is addressed in Policy 2260. Sex discrimination under state law and Title IX for students and other individuals is addressed in Policy 5365.

I. Notice of Nondiscrimination / Nondiscrimination Policy

CESA 5 does not discriminate on the basis of sex and prohibits sex discrimination in any education programs or activity that it operates, as required by Title IX, including in admission (as applicable) and employment.

Inquiries about Title IX may be referred to CESA 5’s Title IX Coordinator, the United States Department of Education’s Office for Civil Rights, or both.

The Director of Business Services is designated as the “Title IX Coordinator” and authorized by CESA 5 to coordinate its efforts to comply with Title IX and this Policy. The contact information for the Title IX Coordinator is as follows:

Michael Koltes, CESA 5 Title IX Coordinator
626 E. Slifer St.
Portage, WI 53901
(608) 745-5416
koltesm@cesa5.org

CESA 5’s nondiscrimination policy and grievance procedures on the basis of sex are included in this policy and Policy 5365.

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination, please refer to this policy and / or Policy 5365.

II. Employee Response to Sex Discrimination

Employees must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX. In the event that the sex discrimination involves conduct by the Title IX Coordinator, such employee must also notify the CESA 5 Administrator.

Scope of discrimination. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex discrimination under Title IX includes sex-based harassment.

Sex-based harassment under Title IX means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

(1) Quid pro quo harassment. An employee, agent, or other person authorized by CESA 5 to provide an aid, benefit, or service under CESA 5’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from CESA 5’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant’s ability to access CESA 5’s education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties’ ages, previous interactions, roles within CESA 5’s education program or activity, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sex-based harassment in CESA 5’s education program or activity; or

(3) Specific offenses.

(i) Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

(ii) Dating violence means violence committed by a person:

A. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

B. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(1) The length of the relationship;

(2) The type of relationship; and

(3) The frequency of interaction between the persons involved in the relationship;

(iii) Domestic violence means felony or misdemeanor crimes committed by a person who:

A. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of CESA 5, or a person similarly situated to a spouse of the victim;

B. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

C. Shares a child in common with the victim; or

D. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

(iv) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

A. Fear for the person’s safety or the safety of others; or

B. Suffer substantial emotional distress.

III. Title IX Coordinator Response to Sex Discrimination

The Title IX Coordinator, when notified of conduct that reasonably may constitute sex discrimination under Title IX, must take the following actions to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects:

• Treat the complainant and respondent equitably;

• Offer and coordinate supportive measures, as appropriate, for the complainant;

• Notify the complainant, or if the complainant is unknown, the individual who reported the conduct, of the grievance procedures under this policy and the informal resolution process, if available and appropriate;

• Regardless of whether a complaint is initiated, take other appropriate prompt and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that sex discrimination does not continue or recur within CESA 5’s education program or activity.

A Title IX Coordinator is not required to comply with this section upon being notified of conduct that may constitute sex discrimination if the Title IX Coordinator reasonably determines that the conduct as alleged could not constitute sex discrimination under Title IX.

A complainant means a student or employee 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 who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in CESA 5’s education program or activity at the time of the alleged sex discrimination.

A respondent means a person who is alleged to have violated CESA 5’s prohibition on sex discrimination. The requirements in the grievance procedures related to a respondent apply only to sex discrimination complaints alleging that a person violated CESA 5’s prohibition on sex discrimination. When a sex discrimination complaint alleges that CESA 5’s policy or practice discriminates on the basis of sex, CESA 5 is not considered a respondent.

Supportive measures means 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:

• Restore or preserve that party’s access to CESA 5’s education program or activity, including measures that are designed to protect the safety of the parties or CESA 5’s educational environment; or

• Provide support during CESA 5’s grievance procedures or during the informal resolution process.

These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.

Supportive measures must not unreasonably burden either party and must be designed to protect the safety of the parties or CESA 5’s educational environment, or to provide support during CESA 5’s grievance procedures or during the informal resolution process. CESA 5 must not impose such measures for punitive or disciplinary reasons.

CESA 5 must provide a complainant or respondent with a timely opportunity to seek, from an appropriate and impartial employee, modification or reversal of CESA 5’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The impartial employee must be someone other than the employee who made the challenged decision and must have authority to modify or reverse the decision, if the impartial employee determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition above.

CESA 5 must also provide a party with the opportunity to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.

If the complainant or respondent is an elementary or secondary student with a disability, CESA 5 must require the Title IX Coordinator to consult with one or more members, as appropriate, of the student’s Individualized Education Program (IEP) team, 34 CFR 300.321, if any, or one or more members, as appropriate, of the group of persons responsible for the student’s placement decision under 34 CFR 104.35(c), if any, to determine how to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

CESA 5 must not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to the education program or activity, or when an exception applies.

For allegations of sex discrimination other than sex-based harassment or retaliation, CESA 5’s provision of supportive measures does not require CESA 5, its employee, or any other person authorized to provide aid, benefit, or service on CESA 5’s behalf to alter the alleged discriminatory conduct for the purpose of providing a supportive measure.

CESA 5 may not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of CESA 5’s grievance procedures that the respondent engaged in prohibited sex discrimination.

IV. Emergency Removal/Administrative Leave

CESA 5 may remove a respondent from the education program or activity on an emergency basis, provided that CESA 5 undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies removal, and provides the respondent with written notice and an opportunity to challenge the decision immediately following the removal. This provision must not be construed to modify any rights under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.

CESA 5 may place an employee respondent on administrative leave from employment responsibilities during the pendency of CESA 5’s grievance procedures. This provision must not

be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.

V. Grievance Procedures

CESA 5 has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX.

A. Complaints

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that CESA 5 investigate and make a determination about alleged discrimination under Title IX.

A “complainant,” which includes:

• a student or employee of CESA 5 who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX;

• a person other than a student or employee of CESA 5 who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in CESA 5’s education program or activity;

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

• CESA 5’s Title IX Coordinator.

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of Title IX.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

• Any student or employee of CESA 5; or

• Any person other than a student or employee who was participating or attempting to participate in CESA 5’s education program or activity at the time of the alleged sex discrimination.

Complaint means an oral or written request to CESA 5 that objectively can be understood as a request for CESA 5 to investigate and make a determination about alleged discrimination under Title IX.

When a Title IX Coordinator is notified of conduct that reasonably may constitute sex discrimination under Title IX (and in the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process), the Title IX Coordinator must determine whether to initiate a complaint of sex discrimination as required under Title IX. The requirements for such a fact-specific determination are set forth in Title IX regulations. If initiating a complaint, the Title IX Coordinator must notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.

In response to a complaint, the Title IX Coordinator must initiate the grievance procedures or the informal resolution process, if available and appropriate and requested by all parties.

If a complaint is made, the Title IX Coordinator must notify the respondent of the grievance procedures and the informal resolution process, if available and appropriate. If CESA 5 has initiated grievance procedures or offered an informal resolution process to the respondent, the Title IX Coordinator must offer and coordinate supportive measures, as appropriate, for the respondent.

If a complainant or respondent is an elementary or secondary student with a disability, CESA 5 must require the Title IX Coordinator to consult with one or more members, as appropriate, of the student’s Individualized Education Program (IEP) team, 34 CFR 300.321, if any, or one or more members, as appropriate, of the group of persons responsible for the student’s placement decision under 34 CFR 104.35(c), if any, to determine how to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, throughout CESA 5’s implementation of grievance procedures.

CESA 5 may consolidate complaints of sex discrimination against more than one respondent, or by more than 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. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

CESA 5 is not permitted to consolidate complaints if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when CESA 5 obtains prior written consent from the parents or eligible students to the disclosure of their education records.

B. Basic Requirements of Title IX Grievance Procedures:

CESA 5 will treat complainants and respondents equitably.

CESA 5 requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

CESA 5 presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

CESA 5 has established the following timeframes for the major stages of the grievance procedures: Upon receiving a complaint, the Title IX Coordinator will evaluate the complaint and make a determination on dismissal or investigation within fifteen (15) days of receipt of the complaint. The conclusion of the grievance procedure or informal resolution, including any appeal, shall be done in a reasonably prompt timeframe, but no more than ninety (90) days from the date the complaint is received. The parties may agree to an extension of the 90-day timeframe to complete the grievance procedure or extend this timeline for good cause, as permissible by law.

CESA 5 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 Title IX Coordinator will review any reason for a delay provided by the

parties or presented by the facts of a matter. The Title IX Coordinator will review the reason and determine whether such a reason constitutes good cause of delay and inform the parties as soon as practicable of any delay. Such reasons may include law enforcement involvement, the need for assistance from an advisor, the student being temporarily unavailable, or other similar reasons.

CESA 5 will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. 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.

CESA 5 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, except by CESA 5 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:

(1) Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

(2) 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 CESA 5 obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

(3) 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 occurred.

C. Notice of Allegations

Upon initiation of CESA 5’s Title IX grievance procedures, CESA 5 will notify the parties of the following:

(1) CESA 5’s Title IX grievance procedures and any informal resolution process;

(2) 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);

(3) Retaliation is prohibited; and

(4) 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 CESA 5 provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;

If, in the course of an investigation, CESA 5 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, CESA 5 will notify the parties of the additional allegations.

D. Dismissal of a Complaint

CESA 5 may dismiss a complaint of sex discrimination if:

(1) CESA 5 is unable to identify the respondent after taking reasonable steps to do so;

(2) The respondent is not participating in CESA 5’s education program or activity and is not employed by CESA 5;

(3) The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and CESA 5 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

(4) CESA 5 determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, CESA 5 will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, CESA 5 will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then CESA 5 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.

CESA 5 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 CESA 5 will also notify the respondent that the dismissal may be appealed. An appeal must be filed within ten days of issuance of the dismissal.

Dismissals may be appealed on the following bases:

(1) Procedural irregularity that would change the outcome;

(2) New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

(3) 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, CESA 5 will:

(1) Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

(2) Implement appeal procedures equally for the parties;

(3) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

(4) Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;

(5) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

(6) Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, CESA 5 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 CESA 5’s education program or activity.

E. Investigation

CESA 5 will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on CESA 5 — not on the parties — to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

CESA 5 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.

CESA 5 will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

CESA 5 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:

• CESA 5 will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If CESA 5 provides a description of the evidence: CESA 5 will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;

• CESA 5 will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

• CESA 5 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.

F. Questioning the Parties and Witnesses:

CESA 5 will provide a process that enables the decisionmaker (which may be 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. If the investigator is the decisionmaker, then the investigator will incorporate, within the investigation process, questions to address a party’s or witness’s credibility. If the decisionmaker is not the investigator, then the decisionmaker will review the evidence to determine whether credibility is in dispute and relevant. If so, then the decisionmaker will facilitate a process to questions the parties and witnesses on this issue, which may include interviews of the parties on issues determined by the decisionmaker.

G. Determination Whether Sex Discrimination Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, CESA 5 will:

(1) 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 (who may be the investigator) 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.

(2) 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;

(3) 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;

(4) If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

(i) Coordinate the provision and implementation of remedies to a complainant and other people CESA 5 identifies as having had equal access to CESA 5’s education program or activity limited or denied by sex discrimination;

(ii) Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

(iii)Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within CESA 5’s education program or activity.

(5) Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

(6) 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.

H. Appeal of Determinations:

CESA 5 shall identify an individual to serve as a decisionmaker on the appeal (other than the Title IX Coordinator, investigator, decisionmaker, and facilitator of an informal resolution). An appeal must be filed within ten days of issuance of the written determination on responsibility. CESA 5 offers the following process for appeals from a determination whether sex discrimination occurred.

Determinations may be appealed on the following bases:

(1) Procedural irregularity that would change the outcome;

(2) New evidence that would change the outcome and that was not reasonably available when the determination was made; and

If the determination is appealed, CESA 5 will:

(1) Notify the parties of any appeal;

(2) Implement appeal procedures equally for the parties;

(3) Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations;

(4) Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;

(5) Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

(6) Notify the parties of the result of the appeal and the rationale for the result.

This appeal process will be, at a minimum, the same as CESA 5 offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.

I. Informal Resolution.

In lieu of resolving a complaint through CESA 5’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. CESA 5 does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.

J. Supportive Measures

CESA 5 will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to CESA 5’s education program or activity or provide support during CESA 5’s Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to sex-based harassment.

K. Disciplinary Sanctions and Remedies

Following a determination that sex-based harassment occurred, CESA 5 may impose disciplinary sanctions, which may include in-school or out-of-school suspension, expulsion, or other appropriate disciplinary sanctions. CESA 5 may also provide remedies, which may include counseling, campus escort services, increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, housing, or other appropriate remedies.

VI. Retaliation Prohibited

Retaliation is prohibited. Retaliation means intimidation, threats, coercion, or discrimination against any person by CESA 5, a student, or an employee or other person authorized by CESA 5 to provide aid, benefit, or service under CESA 5’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 the Title IX.

VII. Confidentiality

An institution must not disclose personally identifiable information obtained in the course of complying with this part, except in the following circumstances:

• When CESA 5 has obtained prior written consent from a person with the legal right to consent to the disclosure;

• When the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;

• To carry out the purposes of this part, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in CESA 5’s education program or activity;

• As required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or

• To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under FERPA, 20 U.S.C. 1232g, or its implementing regulations, 34 CFR part 99.

VIII. Recordkeeping

CESA 5 shall maintain for a period of at least seven years:

• For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sex discrimination under Title IX, including notifications and records documenting the actions CESA 5 took to meet its obligations under 34 C.F.R. s. 106.44.

• For each complaint of sex discrimination, records documenting the informal resolution process or the grievance procedures, and the resulting outcome..

IX. Training

CESA 5 shall ensure that employees, Title IX Coordinators, investigators, decision-makers, appeal decision-makers, facilitators of informal resolution processes, and impartial employees addressing supportive measures receive training as appropriate under Title IX.

X. Discrimination under State Law

Other state and federal laws prohibit discrimination and harassment of employees, including Title VII and the Wisconsin Fair Employment Act. Employees may bring complaints of such discrimination and harassment to the Title IX Coordinator. The Title IX Coordinator shall be responsible for addressing such allegations, including conducting an investigation, if appropriate, pursuant to this policy.

Legal References: Title IX of the Education Amendment of 1972

Title IX regulations, 34 C.F.R. Part 106

Title VII of the Civil Rights Act of 1964

Wis. Stat. §§ 111.31-111.395

Adopted 8/6/2020

Revised 8/1/2024

3365 Title IX Sexual Harassment - Employees

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