522 Policy: Student Sex Nondiscrimination

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1. PURPOSE
   
   Students are protected from discrimination on the basis of sex pursuant to Title IX of the Education Amendments of 1972 and the Minnesota Human Rights Act.  The purpose of this policy is to provide equal educational opportunity for all students and to prohibit discrimination on the basis of sex.
    
2. GENERAL STATEMENT OF POLICY
   1. The school district provides equal educational opportunity for all students, and does not unlawfully discriminate on the basis of sex.  No student will be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any educational program or activity operated by the school district on the basis of sex.  All students are to be treated with respect and dignity.
       
   2. Every school district employee shall be responsible for complying with this policy.
       
   3. The School Board hereby designates the Director of Human Resources and Administrative Services (The Director) as its Title IX coordinator.   The Director’s office is located at 1833 Osauka Road, Sauk Rapids, MN 56379.  The Director can also be reached at (320) 258-1808.  The Director can also be reached at titleix@isd47.org. The Director coordinates the school district’s efforts to comply with and carry out its responsibilities under Title IX. If the complaint involves the Title IX Coordinator, the complaint shall be filed directly with the School Board Chair.
       
   4. Any student, parent or guardian having questions regarding the application of Title IX and its regulations and/or this policy should discuss them with the Title IX Coordinator.  Questions relating solely to Title IX and its regulations may also be referred to the Assistant Secretary for Civil Rights of the United States Department of Education.
       
3. GRIEVANCE PROCEDURES IN SITUATIONS INVOLVING SEXUAL HARASSMENT ALLEGATIONS
   1. Allegations of sex discrimination in the form of sexual harassment are subject to detailed requirements outlined in federal regulations implementing Title IX.
       
   2. “Sexual harassment” for purposes of this policy means conduct on the basis of sex that includes one or more of the following elements:
       
      1. An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
          
      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 a school’s education program or activity;
          
      3. ‘‘Sexual assault’’ as defined in 20 United States Code section 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 United States Code section 12291(a)(10), ‘‘domestic violence’’ as defined in 34 United States Code section 12291(a)(8), or ‘‘stalking’’ as defined in 34 United States Code section 12291(a)(30).
          
   3. Any District employee who is aware of an allegation of sexual harassment must immediately notify the Title IX Coordinator.  “Immediately” for purposes of this policy means as soon as possible and within 24 hours, unless a later report is required due to an emergency situation.  Students are strongly encouraged to notify the Title IX Coordinator of sexual harassment allegations, but may report allegations to any District employee.  A district employee who receives a report form a student is responsible for immediately notifying the Title IX Coordinator.
       
   4. Sexual harassment allegations will be processed in accordance with the attached Title IX Grievance Procedures.  The Grievance Procedures must be published and disseminated as required by law.
       
4. REPORTING AND INVESTIGATION PROCEDURES IN SITUATIONS NOT INVOLVING SEXUAL HARASSMENT ALLEGATIONS
    
   1. For complaints other than those involving sexual harassment, any student who believes they have been the victim of unlawful sex discrimination by a teacher, administrator or other school district personnel, or any person with knowledge or belief of conduct which may constitute unlawful sex discrimination toward a student should report the alleged acts immediately to the building principal.  The school district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the school district office, but oral reports shall be considered complaints as well.  Nothing in this policy shall prevent any person from reporting unlawful sex discrimination toward a student directly to the Title IX Coordinator.
       
   2. In each school building:  The building principal is the person responsible for receiving oral or written reports or grievances of unlawful sex discrimination toward a student at the building level.  Any school district personnel who receives a report of unlawful sex discrimination toward a student or is aware of alleged sex discrimination shall inform the building principal immediately. 
       
   3. Upon receipt of a report or grievance, the principal must notify the Title IX Coordinator immediately.  The principal may request, but may not insist upon a written complaint.  A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Title IX Coordinator.  If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the Title IX Coordinator.  Failure to forward any report or complaint of unlawful sex discrimination toward a student as provided herein may result in disciplinary action against the principal.  If the complaint involves the building principal, the complaint shall be made or filed directly with the Title IX Coordinator by the reporting party or complainant.
       
   4. The school district shall conspicuously post the name of the Title IX Coordinator, including office addresses and telephone numbers, and work email address.
       
   5. Submission of a good faith complaint, grievance or report of unlawful sex discrimination toward a student will not affect the complainant or reporter’s future employment, grades or work assignments.
       
   6. Use of formal reporting forms is not mandatory.
       
   7. The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.
       
   8. By authority of the school district, the Title IX Coordinator, upon receipt of a report, complaint or grievance alleging unlawful sex discrimination toward a student shall promptly undertake or authorize an investigation. The investigation may be conducted by school district officials or by a third party designated by the school district.
       
   9. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
       
   10. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred.  Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
        
   11. In addition, the school district may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged unlawful sex discrimination toward a student.
        
   12. The investigation will be completed as soon as practicable.  The Title IX Coordinator shall make a written report to the superintendent upon completion of the investigation.  If the complaint involves the superintendent, the report may be filed directly with the School Board Chair.  The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. 
        
   13. Upon conclusion of the investigation and receipt of a report, the school district will take appropriate action.  Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and school district policies.
        
   14. The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy. 
        
5. REPRISAL
   
   The school district will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful sex discrimination toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful sex discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
    
6. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
   
   These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law.
    
7. DISSEMINATION OF POLICY AND EVALUATION
    
   1. This policy shall be made available to all students, parents/guardians of students, staff members, employee unions and organizations and must be posted and distributed as required by law.
       
   2. The school district shall review this policy and the school district’s operation for compliance with state and federal laws prohibiting discrimination on a continuous basis.

Legal References:     
Minn. Stat. § 121A.04 (Athletic Programs; Sex Discrimination)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972)
34 C.F.R. Part 106 (Implementing Regulations of Title IX)

Cross References:     
MSBA/MASA Model Policy 102 (Equal Educational Opportunity)
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 528 (Student Parental, Family, and Marital Status Nondiscrimination)

Revised ISD 47           01.23.12
Revised ISD 47           03.25.13
Revised ISD 47           03.10.14
Revised ISD 47           03.09.15
Revised ISD 47           03.21.16
Revised ISD 47           02.27.17
Revised ISD 47           01.22.18
Revised ISD 47           01.28.19
Reviewed ISD 47        01.27.20
Revised ISD 47           08.10.20
Revised ISD 47           06.21.21
Revised ISD 47           06.27.22
Revised ISD 47           11.14.22
Revised ISD 47           06.26.23
Revision Drafted by Squires, Waldspurger & Mace, P.A., August 13, 2024
Revised ISD 47           09.23.24
Revised ISD 47           06.16.25
Reverted to 11.14.22 Language per Federal Executive Order