Title IX

Title IX addresses discrimination on the basis of sex within educational institutions stating that no person in the United States shall on the basis of sex be excluded from participation in, or be denied benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.

Lexington Public Schools provides specialized training to Administrators who make up the Title IX Team. KSB Law provides this training which is specific to each team members role.

For more information on the training please use the link below.

KBS Virtual Training

Username:  publicuse@lexington.com

Password: bulldogs56

Terminology for the Purpose of Title IX

2.1 Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to any district employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge.

2.2 Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

2.3 Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the district investigate the allegation of sexual harassment. The only district official who is authorized to initiate the Grievance Process for Formal Complaints of Sexual Harassment against a respondent is the Title IX Coordinator (by signing a formal complaint). At the time of filing a formal complaint with the district, a complainant must be participating in or attempting to participate in the district’s education program or activity. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator, and by any additional method designated by the district. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the district) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under this policy or under 34 C.F.R. part 106, and or otherwise a party under this policy or under 34 C.F.R. part 106, and will comply with the requirements of this policy and 34 C.F.R. part 106, including subsections 5.1.3-5.1.4 and 34 C.F.R. § 164.45 (b)(1)(iii).

2.4 Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

2.5 Consent for purposes of Lexington Public Schools policy means the willingness in fact for conduct to occur. An individual may, as a result of age, incapacity disability, lack of information, or other circumstances be incapable of providing consent to some or all sexual conduct or activity. Neither verbal nor physical resistance is required to establish that an individual did not consent. District officials will consider the totality of the circumstances in determining whether there was consent for any specific conduct. Consent may be revoked or withdrawn at any time.

2.6 Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

          2.6.1.    An employee of the district conditioning the provision of an aid, benefit, or service of the district on an individual’s      participation in unwelcome sexual conduct;

          2.6.2.   Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s education program or activity;

          2.6.3.   Sexual assault, as defined in 20 U.S.C. § 1092(f)(6)(A)(v), which means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation:

                    2.6.3.1.  Sex Offenses, Forcible—Any sexual act directed against another  person, without the consent of the victim including instances where the victim in incapable of giving consent.

                         2.6.3.1.1   Rape—(Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of gaining consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

                         2.6.3.1.2.   Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

                         2.6.3.1.3.   Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

                         2.6.3.1.4.   Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity

                    2.6.3.2. Sex Offenses, Non-forcible –(Except Prostitution Offenses) Unlawful, non-forcible sexual intercourse.

                         2.6.3.2.1.  Incest – Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

                          2.6.3.2.2. Statutory Rape—Non-Forcible sexual intercourse with a person who is under the statutory age of consent.

2.6.4.  Dating violence, as defined in 34 U.S.C. § 12291(a)(10) which means violence committed by a person—

          2.6.4.1 who is or has been in a social relationship of a romantic or intimate nature with the victim; and

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

                           2.6.4.2.1.  The length of the relationship.

                         2.6.4.2.2.  The type of relationship.

                         2.6.4.2.3.  The frequency of interaction between the persons involved in the relationship.

2.6.5. Domestic violence, as defined in 34 U.S.C. § 12291(a)(8), which includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

2.6.6.  Stalking, as defined in 34 U.S.C. § 12291(a)(30), which means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

               2.6.6.1. fear for his or her safety or the safety of others; or

               2.6.6.2. suffer substantial emotional distress.

2.7. Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the district’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the district’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The district will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Grievance Procedures to Resolve Complaints of Sex Discrimination.  Any person designated as Title IX Coordinator, investigator, or decision maker will not have a conflict of interest or bias for or against any party, generally or specifically.  The decisionmaker may be the same person as the Title IX Coordinator or investigator.

Complaint.  Complaints of sex-based harassment may only be made by a complainant; a parent, guardian, or other individual with the legal right to act on behalf of a complainant; or the Title IX Coordinator.  Complaints of sex discrimination (excluding complaints of sex-based harassment) may be made by any person who was participating or attempting to participate in the school district’s education program or activity at the time of the alleged sex discrimination.

Complaint by Coordinator.  In the absence of a complaint made by any other individual, the Title IX Coordinator will determine whether to initiate a complaint of sex discrimination.  The Title IX Coordinator must consider, at a minimum, the following factors:

●      The complainant’s request not to proceed with the initiation of a complaint;

●      The complainant’s reasonable safety concerns regarding the initiation of a complaint;

●      The risk that additional acts of sex discrimination would occur if a complaint is not initiated;

●      The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;

●      The age and relationship of the parties, including whether the respondent is an employee of the school district;

●      The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;

●      The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and

●      Whether the school district could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

If the Title IX Coordinator initiates a complaint, they will notify the complainant prior to doing so and address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.

Consolidation of Complaints.  The school district 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 in this section to a party, complainant, or respondent include the plural, as applicable.

Basic Procedures.  This grievance procedure is governed by the following basic requirements:

●      A respondent is presumed not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedure;

●      The school district will treat the complainant and respondent equitably throughout the grievance process;

●      The school district will take reasonable steps to protect the privacy of individuals participating in the grievance process in a manner that does not restrict the parties from obtaining and presenting evidence, speaking to witnesses, consulting with family members or advisors, or otherwise participating in the grievance process;

●      The District will use the following timelines for each complaint, but the Title IX Coordinator or designee may extend them as needed:

Notice of Allegations.  Upon initiation of the grievance procedure, the school district will provide notice of the allegations to the parties whose identities are known.  The notice will include a copy of this policy; 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), if available.  Retaliation is prohibited.

If the school district decides to investigate additional allegations of sex discrimination that are not included in the initial notice, the school district will provide notice of the additional allegations to the parties.

Complaint Investigation.   The burden is on the school district to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.  The individual investigating and deciding the complaint will:

●      Provide an equal opportunity for the parties to present fact witnesses and relevant and permissible evidence;

●      Objectively review all evidence gathered through the investigation and determine what evidence is relevant and permissible;

●      Provide each party with an accurate description of the relevant and permissible evidence, and upon request, copies of this evidence;

●      Provide the parties a reasonable opportunity to respond to the evidence;

●      Use a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility, but credibility will not be based upon any individual’s status as a complainant, respondent, or witness; and

●      Take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures.  For purposes of this paragraph, disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Relevant and Permissible Evidence.   The school district will consider relevant and permissible evidence.  Relevant evidence is evidence related to the allegations of sex discrimination under investigation as part of the grievance procedure.  Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

Generally relevant evidence is permissible, but does not include:

●      Evidence that is protected under a privilege as recognized by Federal or State law;

●      A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional in connection with the provision of treatment to the party or witness unless the school district obtains that party’s or witness’s voluntary, written consent for use in this grievance procedures; and

●      Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless that evidence 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 a determination that sex-based harassment occurred.

Determining Whether Sex Discrimination Occurred.  The school district will:

●      Use the preponderance of the evidence standard of proof, that it is more likely than not, to determine whether sex discrimination occurred;

●      Use only relevant and permissible evidence to reach a determination;

●      Notify the parties in writing of the determination whether sex discrimination occurred, including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;

●      If there is a determination that sex discrimination occurred, coordinate and provide remedies to restore equal access, coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions, and require the Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur;

●      Not discipline a party, witness, or others participating in a school district’s grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the school district’s determination whether sex discrimination occurred.

Dismissal of a Complaint.  A complaint of sex discrimination made through the grievance procedure may be dismissed for any of the following reasons:

●      The school district is unable to identify the respondent after taking reasonable steps to do so;

●      The respondent is not participating in the school district’s education program or activity and is not employed by the school 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 school district determines that without the complainant’s withdrawn allegations, the remaining alleged conduct would not constitute sex discrimination even if proven;

●      The school district determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX.  Before dismissing the complaint under this paragraph, the school district must make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the school 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, then the school district must 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 school district will notify the complainant that a dismissal may be appealed and provide the complainant with an opportunity to appeal the dismissal.  If the dismissal occurs after the respondent has been notified of the allegations, then the school district must also notify the respondent that the dismissal may be appealed on the bases set out in this policy. Upon the dismissal of a complaint, at a minimum, the school district will:

●      Offer supportive measures to the complainant, and offer supportive measures to the respondent if the respondent has been notified of the complaint;

●      Require its Title IX Coordinator to take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the school district’s education program or activity.

Appeal.  The school district will provide the parties the opportunity to appeal the decisionmaker’s written determination or a dismissal of a complaint, on the grounds identified below.   The school district will implement appeal procedures equally for the parties, including a reasonable and equal opportunity to make a statement in support of or challenging the outcome being appealed.  Appeals under Title IX, like other comparable proceedings, will be handled consistent with the school district’s general complaint policy.

Time for Appeal.  Appeals may only be initiated by submitting a written Notice of Appeal to the superintendent within three (3) calendar days of the party’s receipt of (1) the written determination of whether sex discrimination occurred from which the appeal is taken, or (2) the written dismissal of the complaint from which the appeal is taken. 

Notice of Appeal Filed By Party.  The Notice of Appeal must include (a) the name of the party or parties appealing, (b) the determination, dismissal, or portion thereof being appealed, and (c) a concise statement of the specific grounds (from the following subsection) upon which the appeal is based.    A party’s failure to timely submit a Notice of Appeal will be deemed a waiver of the party’s right to appeal under this policy and Title IX.

Appeals of Dismissals.  If a dismissal is appealed, the school district will provide notice of the allegations to the complainant and respondent if not provided previously.

Appeal Decision.  The decisionmaker for the appeal will be an individual who did not take part in the investigation, determination, and/or decision to dismiss the complaint.  The appeal decisionmaker will notify the parties of the result of the appeal and the rationale for the result.

Disciplinary Sanctions and Remedies.  If it is determined that sex-based harassment occurred, the school district may impose disciplinary sanctions that may include suspension, expulsion, mandatory reassignment, adverse employment action up to and including termination, or any other actions regarding student behavior that are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include counseling of students, parent conferences, referral to restorative justice practices or services, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation. 

Superintendent Authorized to Contract.  The board authorizes the Superintendent to contract for, designate, and appoint individuals to serve in the roles of the school district’s investigator(s), decision-maker(s), informal resolution facilitator(s), or appellate decision-maker(s) as contemplated by this policy.

Recordkeeping.  The school district will maintain the following documents for a period of at least seven years:

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

●      Records documenting the actions the school district took to meet its obligations under Title IX for any allegation of sex discrimination.

●      All materials used to provide training as required by this policy.  The school district will make these training materials available upon request for inspection by members of the public.