Title IX Policies
Title IX Policies
LEXINGTON PUBLIC SCHOOLS: DISTRICT POLICY BI
Federally Defined Non-Discrimination
Lexington Public Schools (the district) complies with the Civil Rights Laws (Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act, the Age Discrimination in Employment Act, and Section 504 of the Rehabilitation Act of 1973) in assuring the students, parents, and employees of the district that the district does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, national origin, disability, religion, age, or veteran status. The Superintendent is designated by the Board to coordinate District's efforts to comply with this assurance.
Terms and Responsibility:
A. Claimant: A student, an employee, or any other person who submits a complaint alleging that a policy, procedure, or practice of the district discriminates on the basis of race, color, sex, sexual orientation, gender identity, national origin, disability, religion, age, or veteran status.
B. Respondent: The person alleged to be responsible for the violation alleged in the complaint. The term may be used to designate persons with responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the complaint.
C. Compliance Officer: An employee designated to coordinate compliance efforts with the Civil Rights Laws listed above and to investigate complaints. Superintendent, Chad Hall, is designated as the compliance officer and may be reached at 420 N.E. 4th St., Lexington, OK 73051, chall@lexington.k12.ok.us, or by telephone at (405) 527-7236, ext. 221.
Pre-filing Procedures: Prior to the filing of a written complaint, the claimant is encouraged to visit with the compliance officer and to make a reasonable effort to informally resolve the problem or complaint.
Procedures for Filing Complaint:
A. If the claimant desires to proceed with a complaint, then, within ten (10) days of an alleged violation, the claimant shall submit a written and signed complaint to the compliance officer. The claimant shall, at a minimum, state the claimant's name, the nature of the alleged violation, the date of the alleged violation, the names of persons responsible, any witnesses, and the requested action or relief sought.
B. In addition to taking action with respect to a written complaint, the compliance officer may investigate allegations of discrimination without a written complaint according to the procedures set forth herein whenever the compliance officer deems such action to be appropriate.
C. Within ten (10) days of receiving the claimant, the compliance officer shall notify the respondent of the complaint and provide a copy of the complaint to the compliance officer.
D. Within ten (10) days of notification, the respondent shall submit to the compliance officer a written answer or response which shall confirm or deny the facts upon which the allegation is based, indicate acceptance or rejection of the complainant’s requested action, and/or outline alternatives. The respondent may also identify witnesses who should be contacted to provide input during the investigation.
E. Within ten (10) days of receiving the respondent’s answer, the compliance officer shall initiate an appropriate investigation which may include, but is not limited to, interviewing both the claimant and the respondent and any witnesses identified by either party, identifying any documents or tangible evidence supporting or opposing the complaint, and undertaking any further investigation deemed appropriate by the compliance officer. The investigation should be concluded within one hundred twenty (120) days, but the compliance officer may extend the period of time for an investigation by notifying the complainant and the respondent.
F. Within ten (10) days after completion of the investigation, the compliance officer shall render a written decision and shall provide a copy of the written decision to both the claimant and the respondent. The written decision shall be a summary report containing a synopsis of the evidence and findings of fact as well as the conclusion regarding the complaint. Additionally, if the compliance officer determines that the allegations of the complaint are substantiated, the decision shall be provided to the appropriate supervisor or administrator to take appropriate disciplinary action.
G. Within ten (10) days of receipt of the compliance officer’s decision, if either the claimant or the respondent is not satisfied with the decision of the compliance officer, either may submit a written request to the compliance officer for a review by the Board of Education (the Board).
H. Within ten (10) days of receiving a request for a review by the Board, the compliance officer shall notify the Board of the request, shall place an agenda item for a review of the complaint on the next regularly scheduled Board meeting, and shall notify the claimant and the respondent of the date of the Board’s review.
I. The review by the Board shall involve a review of all documents submitted to the compliance officer and, if the Board desires, a statement from the claimant or the respondent or the representatives of either the claimant or the respondent. The Board shall render a decision which either modifies, affirms, or reverses the decision of the compliance officer.
J. Within ten (10) days of conducting the review, the Board or the Board’s designee shall provide the Complainant and the Respondent with written notice of the Board’s decision on the Complaint. The Board’s decision shall be final and non-appealable.
Extension of Time: Except as otherwise provided, any time limits established by this policy and these procedures may be extended by mutual consent of the parties involved.
Confidentiality of Records: All records, complaints, notes, documents, and statements made during or relating to allegations of discrimination shall be maintained on a confidential basis by the compliance officer, and no information concerning any claimant shall be documented in an employee’s personnel file. However, in the event official proceedings relating to such allegations are initiated by a party or the district, such records may become public in accordance with law. The district shall maintain information pertaining to complaints under this policy for three (3) years after completion of the investigation.
Discipline: The compliance officer may recommend to the appropriate supervisory personnel that students or employees who are found to have engaged in discrimination in violation of the district’s policies prohibiting discrimination be disciplined. An employee may be subject to disciplinary action up to and including termination or non-reemployment. A student may be subject to disciplinary action up to and including suspension.
Retaliation: No person shall take any retaliatory action against a claimant or any person who participated in the investigation of alleged discrimination. Employees or students who engage in prohibited retaliation may be disciplined as set forth above.
Adopted: July 9, 2001 Revised: April 14, 2008, October 8, 2015, September 12, 2022
LEXINGTON PUBLIC SCHOOLS: DISTRICT POLICY BH
TITLE IX PROHIBITION OF SEXUAL HARASSMENT
Lexington Public Schools ("the district') are committed to providing equal employment and educational opportunities and therefore forbid sexual harassment as defined below by or against any employee, student, or applicant for employment. This policy also applies to non-employee volunteers whose work is subject to the control of school district personnel.
Sexual Harassment
A. Roles and Terms:
1. The individual who is sexually harassed may be female or male and does not have to be of the opposite sex from the harasser;
2. The harasser can be the supervisor of the individual who is sexually harassed, a supervisor in another area, a co-worker, a subordinate, or a non-employee as defined in the introduction. Any school employee or defined non-employee who engages in conduct described herein with a student will be considered guilty of sexual harassment;
3. Economic injury and/or a change in employment status does not have to be present to otherwise constitute sexual harassment.
B. Specifically Prohibited:
1. Verbal or physical sexual advances, including suggestions of sexual activity, flirtation, advances, and/or propositions of a sexual nature; sexually suggestive physical contact;
2. Unwarranted displays of sexually suggestive or explicit objects, materials, or pictures;
3. Comments regarding physical or personality characteristics of a sexual nature; as well as sexually-oriented kidding, teasing, double meanings, and jokes;
4. Any instance of “quid pro quo” harassment by a school employee.
C. Other considerations of severity and frequency:
1. Any unwelcome conduct determined by a reasonable person to be so severe, pervasive, objectively offensive, and/or repetitive that it effectively denies a person equal access to the school’s education program or activities;
2. Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. Page 1 of 5 BH
Complaint and Investigation Procedures
A. Persons experiencing sexual harassment should report such claims by utilizing the process set forth in this policy. Students may also report complaints of sexual harassment to the principal of the building at which the student attends school.
B. In order to be considered an official complaint within ten (10) days of an alleged violation a claimant shall provide a written and signed complaint to the Compliance Officer stating, at a minimum, the claimant's name, the nature of the alleged violation, the date of the alleged violation, the names of person(s) responsible, any witnesses, and the requested action or relief sought.
C. Upon receiving a formal complaint, the Compliance Officer will conduct an initial assessment, may offer service referrals, will notify parents if students are involved, and will notify the designated Investigator who will investigate allegations of sexual harassment. Additionally, the Compliance Officer may direct an investigation without a formal complaint according to the procedures set forth herein whenever the Compliance Officer deems such action to be appropriate.
D. During the initial assessment, the Compliance Officer will determine whether the allegations rise to a violation of this policy. The Compliance Officer will consider whether the allegations meet the definition of sexual harassment, whether the conduct occurred on district property or during district-sponsored activities, whether the claimant is still a district employee, defined non-employee or student, and whether the respondent is no longer enrolled or is an employee or defined non-employee of the district, and whether there are any other circumstances which would prevent the Investigator from gathering evidence sufficient to reach a determination as to the formal complaint and its allegations. If the Compliance Officer determines to dismiss a complaint at the initial assessment stage, the Compliance Officer will provide written notice of the dismissal to the claimant and the respondent. If a complaint is dismissed and the respondent is a student, the district may address the issue under its Student Code of Conduct. If a complaint is dismissed and the respondent is an employee, the district may address the alleged conduct as a personnel matter. A claimant or a respondent may appeal the dismissal of the Complaint as set forth below.
E. After receipt of the formal complaint from the Compliance Officer, the Investigator shall provide written notice to the claimant and the respondent of the allegations of the complaint, including if known, the identities of the parties, the date and location of the incident, and the specific alleged policy violations. The notice will include a copy of the Title IX procedures, will state the respondent is presumed not responsible until the determination of responsibility is final, and will advise of the right to have an advisor of their choosing. Additionally, if the Compliance Officer determines that the formal complaint may be resolved without an investigation by providing the relief sought by the claimant, the Compliance Officer may resolve the formal complaint. Page 2 of 5 BH
F. The Investigator will conduct a fair, thorough, and impartial investigation and provide both parties with an equal opportunity to present facts, witnesses, and evidence to support their positions. The Investigator may request that the respondent submit a written answer or response which shall confirm or deny the facts upon which the allegation is based, indicate acceptance or rejection of the claimant's requested action, and/or outline alternatives. The respondent may also identify witnesses who should be contacted to provide input during the investigation.
G. The Investigator shall initiate an appropriate investigation which may include, but is not limited to, interviewing both the claimant and the respondent and any witnesses identified by either party, identifying any documents or tangible evidence supporting or opposing the complaint, and undertaking any further investigation deemed appropriate by the Investigator. If reasonably possible, the investigation should be concluded within one hundred twenty (120) days after receiving the complaint, but the Investigator may extend the period of time for an investigation by notifying the claimant and the respondent. Additionally, when a law enforcement agency is conducting an investigation into the same alleged conduct, an investigation may be delayed temporarily so as not to interfere with the law enforcement investigation and so as to meet the needs of the law enforcement investigation.
H. Each party is entitled to select an advisor of their choosing to advise them during the investigation. An advisor may not be a witness in the investigation and may not be someone whose participation will create a conflict of interest. An advisor shall not act in a manner that obstructs or disrupts the investigative process.
I. After completion of the investigation, the Investigator shall prepare a written report and shall provide a copy of the written report to the claimant, the respondent, and the Compliance Officer. The written report shall include a timeline, a summary of the investigation, including statements of all persons interviewed, a synopsis of the evidence, and any applicable creditability determinations (“Investigative Report”). The Investigator shall include in an appendix all relevant physical or documentary evidence.
J. The claimant and the respondent shall have ten (10) days to review the investigative report and provide written feedback and/or responses to the Investigator about the information contained in the investigative report. After the ten (10) day review period, the Investigator shall incorporate relevant elements of the parties’ written responses into the investigative report, finalize the investigative report and provide it to both parties.
K. The Investigator shall also refer the investigative report to the selected Decision Makers to make a determination regarding responsibility and, if applicable, take appropriate disciplinary action.
L. Within ten (10) days of receipt of the final investigative report, the claimant and/or the respondent may submit a written, relevant list of questions that the party wants asked of another party prior to the determination of responsibility. Both parties will be provided with the answers and follow-up questions. Page 3 of 5 BH
M. After the (10) days to submit written questions, the Compliance Officer shall send a notice of decision-making to the parties and the Decision-Makers. The notice of decision-making shall include a description of the alleged violation, a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential disciplinary actions.
N. Determination of Responsibility: Within sixty (60) days of receipt of the notice of decision-making, the Decision Maker will review the investigative report to determine responsibility and will issue a written determination of responsibility which:
1) Identifies the allegations that potentially constitute sexual harassment;
2) Describes the district’s procedural steps taken from receipt of the Complaint to the determination;
3) Includes findings of fact to support the determination;
4) Includes conclusions regarding applicable discipline;
5) Includes a statement of, and rationale for, the result as to each allegation, including a determination of responsibility, any disciplinary sanctions, and whether remedies to restore or preserve equal access to the district’s educational programs or activities will be provided to the claimants; and 6) The procedures and permissible basis for appeals.
O. Within ten (10) days of receipt of Decision Maker’s determination of responsibility or dismissal of a complaint, either party may appeal for one of the following reasons: 1) A procedural error affected the outcome. 2) New evidence that was not reasonably available at the time of the determination and could affect the outcome; 3) Conflicts of interest on the part of the Compliance Officer, Investigator, or Decision Maker that affected the outcome.
P, If an appeal is made, the district will provide written notice of the appeal to both parties. Both parties will be provided an equal opportunity to submit a written statement in support of or challenging the determination within ten (10) days of receipt of the written notice to both parties of the appeal being filed. The appeal will be heard by an Appeal Officer who is not the Compliance Officer, the Investigator, or the Decision Maker. The Appeal Officer cannot have a conflict of interest or bias against claimants and respondents generally or the particular claimant and respondent. The Appeal Officer will receive training as mandated by law. The decision of the Appeal Officer will be final and non-appealable. The written decision of the Appeal Officer will be provided within ten (10) days of the deadline for written statements supporting or challenging the initial determination. The written decision will be provided simultaneously to both parties. Page 4 of 5 BH
Extension of Time
Except as otherwise provided, any time limits established by this policy and these procedures may be extended by mutual consent of the parties involved.
Retaliation
No person shall take any retaliatory action against a claimant, a respondent, or any person who participated in the investigation of alleged discrimination. Employees or students who engage in complaint-related retaliation will be disciplined to the fullest extent lawfully available.
Confidentiality of Records
All records, complaints, notes, documents, and statements made during or relating to allegations of discrimination shall be maintained on a confidential basis by the Compliance Officer. However, in the event official proceedings relating to such allegations are initiated by a party or the district, such records may become public in accordance with law. The district shall maintain information pertaining to complaints under this policy for three (3) years after completion of the investigation.
Responsible Parties
Lexington Public Schools Superintendent is designated as the Compliance Officer and may be reached at 420 N.E. 4th St., Lexington, OK 73051, chall@lexington.k12.ok.us, or by telephone at (405) 527-7236, ext. 221. The Investigator, Decision Makers, and Appeals Officer will be appointed by the Compliance Officer among the administrative staff with regard to any possible conflict of interest.
Adopted: July 09, 2001 Revised: September 12, 2022