Title IX, Civil Rights, and Sexual Harassment Complaint Procedure

● If the alleged harassment would constitute child abuse, and there is reasonable suspicion that the allegations are true, an immediate report must be made in accordance with ORS 419B.010. ● The investigation should begin with an interview of the complainant. An advisor of choice may be present. In conducting the interview, the investigator should objectively ask about all instances of sexual harassment, if there are other individuals who may have complaints, and if there were any witnesses to any of the conduct. The investigator should not prejudge either side, should not give the appearance of prejudging, and should use whatever techniques are necessary to help the complainant tell the story. In no event shall the complainant and alleged harasser be interviewed together. The investigator should remind the complainant that the district’s policy prohibits ongoing sexual harassment and retaliation and encourage him/her to come forward if there is further sexual harassment or retaliatory conduct. ● In most cases, the second step of the investigation should be interviewing witnesses and gathering information to interview the alleged harasser. Witnesses may have seen the events and may be able to describe the conduct as well as the complainant’s reaction or response. They may also have witnessed other events or incidents corroborating or disproving the versions of the complainant or the alleged harasser. Witnesses should be advised that the conduct under investigation is sensitive and confidential (except to the extent the witness may be called to testify if the matter goes to hearing or trial), and should not be discussed outside of the investigation. ● In interviewing the alleged harasser, the investigator should remind the individual of their due process rights, review the complainant’s allegations and give the alleged harasser an opportunity to admit, deny, or explain the circumstances. An advisor of choice may be present during the alleged harasser interview. The investigator should also ask the alleged harasser for names of witnesses that may substantiate his/her position. The alleged harasser should be reminded of the district’s policy against sexual harassment and that retaliatory conduct is prohibited. The alleged harasser should also be told he or she is not to make any contact with the complainant pending the conclusion of the investigation. ● A complainant may withdraw his or her complaint at any time. The Title IX

Coordinator will then determine if the investigation should be pursued or other action taken.

Upon conclusion of the investigation,a draft written report will be given to all parties and their advisors. Ten days are allowed to review and respond to the report in writing. The investigator will receive the responses and finalize the report. The finalized report is submitted to all parties and allowed at least 10 days before the decision making process.

3. The Decision Making Process The decision-making process must include:

• Independent review of the investigative report and all directly related evidence, as well as party responses, by a person who did NOT serve as the investigator. • A “modified cross-examination” process of allowing parties to submit written questions, read written responses, and submit limited follow-up questions.

The decision maker shall respond in writing to the complainant, the alleged harasser, and the parents/guardians of each within 14 days with one of the following three statements: (1) that the school does not have adequate evidence to conclude that harassment occurred; (2) that sexual harassment occurred, and delineating the corrective actions the school intends to take; or must take appropriate action to make the harassment stop. ● Sanctions are disciplinary measures imposed on the respondent and may include requiring training and counseling to discharge or expulsion based on the behavior. ● Remedies are designed to restore educational access for the complainant. (3) that the investigation is incomplete to date and will be continuing.

The complainant and the alleged harasser should also be reminded of the district’s commitment to enforcing the sexual harassment policy, and the complainant should be encouraged to come forward with any new or continuing concerns of sexual harassment or retaliation. The investigator should periodically check with the complainant as the investigation continues to see if other concerns have arisen.

This written notification shall include the outcome of the investigation to the extent allowable under state and federal student confidentiality laws. A copy of the notification letter, together with any other documentation related to the incident, including disciplinary action taken or recommended, shall be forwarded to the Board Chair and the Title IX Coordinator.

Regardless of finding, supportive measures may stay in place or be further implemented for the complainant and respondent.

4. Appeals If either party is not satisfied with the decision, he/she/they may submit a written appeal to the School Board. Such appeal must be filed within 10 working days after receipt of the decision. The School Board or designee shall provide a written decision to the complainant within 10 working days, or as soon thereafter as possible depending upon the allegations, after receipt of the appeal.

All documentation related to complaints may become part of the student’s education record as appropriate. Additionally, a copy of all complaints and documentation will be maintained as a confidential file, to the extent allowed by law, and stored in the school office.

The HR Director shall report within 30 days the name of any person holding a teaching license or registered with Teachers Standards and Practices Commission (TSPC) or participating in a practicum under the Oregon Administrative Rules when, after appropriate investigation, there is reasonable cause to believe the person may have committed an act of violating the above policies. Non licensed staff will be reported to the Oregon Department of Education.

Reports of sexual contact with a student shall be given to law enforcement representatives or Services to Children and Families representatives as possible child abuse. In the event the School Leader is the subject of the investigation, reports, when required, shall be made by the Board Chair.

Any school employee who has reasonable cause to believe that another school employee or volunteer has engaged in sexual conduct with a student must immediately notify the Oregon Department of Human Services or a law enforcement agency, and must also notify his/her/their immediate supervisor. The district will provide annual training to school employees, parents and students regarding the prevention and identification of sexual conduct. The school will provide to employees at the time of hire a description of conduct that may constitute sexual conduct and a description of records subject to disclosure if a sexual conduct report is substantiated.

COMMUNICATION

All educational and/or school related communications with teachers, School Leaders, or any school staff member are required to be conducted via the approved tools and platforms provided by Oregon Charter Academy. All communications must be appropriate and remain educationally relevant. Oregon Charter Academy reserves the right to disallow and/or disable the use of any authorized communication tool at any time if the tool is being used in violation of the Code of Conduct.

Collection and Release of Student Information by the School

The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents/legal guardians and students over eighteen (18) years of age, attending a post-secondary institution, and/or emancipated minors (Eligible Students) certain rights regarding the student’s educational records. These rights include the ability to review and correct educational records and the protection of a student’s educational records and “personally identifiable information” from unauthorized disclosure.

FERPA rights are extended to both the caretaker and noncustodial parent/guardian unless the school is provided with a judicial court order (custody order, protective order etc.), state statute, or legally binding document that specifically revokes or restricts a noncustodial parent’s/guardian’s FERPA rights. If a state law and/or enforceable court order provides the noncustodial parent/guardian’s greater or more restrictive access than provided for by FERPA, that state law and/or court order will be followed.