Title IX Program

SEXUAL HARASSMENT and TITLE IX:

Our school does not discriminate based on sex, gender or orientation in any education program or activity that it operates, including admission and employment. The school is required by Title IX of the Education Amendments of 1972 and the regulations promulgated through the U.S. Department of Education not to discriminate in such a manner. Inquiries about the application of Title IX to the school may be referred to the school’s Title IX Coordinator (school principal), to the Assistant Secretary for Civil Rights of the Department of Education, or both. (34 CFR § 106(b)(1)). 

The school is committed to a school environment which is free from sexual harassment and conducive to all students’ educational opportunities. Sexual harassment can inhibit a student’s educational opportunities and an employee’s work. Sexual harassment of students attending school in the school or students from other schools who are at a school activity, and sexual harassment of school employees, school volunteers, parents, guests, visitors and vendors of the school shall also not be tolerated and is strictly prohibited. 

All students, school employees, school volunteers, parents, guests, visitors and vendors shall conduct themselves in a civil and responsible manner and in a manner consistent with school policies. This policy prohibiting sexual harassment shall apply to all students, school employees, school volunteers, parents, guests, visitors and vendors while on school property, while attending or participating in school activities, on school-owned property or on non-school property, while in any school-owned or leased vehicle, while at a school bus stop, or when in a private vehicle located on school property during school or during school activities. 

I. DEFINITION 

• An employee of the recipient conditioning the provision of aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
• 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 recipient’s education program or activity; or
• ‘‘Sexual assault’’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘‘dating violence’’ as defined in 34 U.S.C. 12291(a)(10), ‘‘domestic violence’’ as defined in 34 U.S.C. 12291(a)(8), or ‘‘stalking’’ as defined in 34 U.S.C. 12291(a)(30). 

Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. (34 CFR § 106.8(a))

Any student who believes that they have been or is being subjected to sexual harassment or has reason to suspect another person has been or is being subjected to sexual harassment may also report it to a teacher, school counselor, or school administrator. The report may be made verbally or in writing. 

The school’s response shall treat complainants and respondents equitably by offering supportive measures to a complainant, and by following a grievance process that complies with Title IX requirements before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent. (34 CFR § 106.44(a)) 

II. DESIGNATION OF TITLE IX COORDINATOR 

The Board has designated the following school employee to coordinate its efforts to comply with its responsibilities as set forth in 34 CFR Part 106, who shall be referred to as the ‘‘Title IX Coordinator.’’ (34 CFR § 106.8(a)) 

Name or Title: School Principal 

Office Address: 500 Rd 6675, Fruitland, NM 87416 

Email Address: call the school for email and name of current principal

Telephone Number: 505-960-6922 

The school shall notify applicants for employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the school, of the name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator. (34 CFR § 106.8(a)) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. (34 CFR § 106.30(a)) 

III. DISSEMINATION OF POLICY 

The school shall notify persons entitled to the notification under Section I. above that the school does not discriminate based on sex in the education program or activity that it operates, and that it is required by Title IX and this policy not to discriminate in such a manner. Such notification must state that the requirement not to discriminate in the education program or activity extends to admission and employment, and that inquiries about the application of Title IX to the school may be referred to the school’s Title IX Coordinator, to the U.S. Assistant Secretary of Education, or both. 

The school shall prominently display the contact information required to be listed for the Title IX Coordinator on its website, and in each handbook or catalog that it makes available to people entitled to a notification pursuant to Section I. above. (34 CFR § 106.8(b)) 

IV. ADOPTION OF GRIEVANCE PROCEDURES 

The school has adopted and published grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by Title IX and this policy. The school shall provide to persons entitled to a notification under Section I above notice of the school’s grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the school will respond. (34 CFR § 106.8(c)) 

V. DEFINITIONS 

(34 CFR § 106.30(a), except when otherwise indicated) 

1. “Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the school’s Title IX Coordinator or any official of the school who has authority to institute corrective measures on behalf of the school, or to any employee of an elementary and secondary school. Imputation of knowledge based solely on vicarious liability (when a person has a particular legal relationship to the person who acted negligently) or constructive notice (deeming notice of something to a person having been given, even though actual notice did not exist) is insufficient to constitute actual knowledge. This standard is not met when the only official of the recipient with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of our school.
2. “Complainant “means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
3. ‘‘Dating violence’’ means violence committed by a person:
4. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
5. where the existence of such a relationship shall be determined based on a consideration of the following factors:
6. the length of the relationship.
7. the type of relationship.
8. the frequency of interaction between the persons involved in the relationship. (34 U.S.C. 12291(a)(10))
9. “Decision-maker” means the school administrator who has primary responsibility and authority related to students, staff and attendance center where the alleged sexual harassment occurred, unless otherwise designated by the Board, and who has the authority to make a determination on the complaint as to responsibility of the respondent.
10. ‘‘Domestic violence’’ 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. (34 U.S.C. 12291(a)(8))
11. ‘‘Education program or activity’’ includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the sexual harassment occurs. (34 CFR § 106.44(a))
12. “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 school investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the school. 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 school.
13. ‘‘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 school) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Should the Title IX Coordinator sign the formal complaint, the Title IX Coordinator is not a complainant or otherwise a party, and the Title IX Coordinator must comply with the Title IX requirements.
14. ‘‘Notice’’ includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.
15. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
16. ‘‘Sexual assault’’ means any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to consent. (20 U.S.C. 1092(f)(6)(A)(v))
17. ‘‘Stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
18. fear for his or her safety or the safety of others; or
19. suffer substantial emotional distress. (34 U.S.C. 12291(a)(30))
20. “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 school’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school’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, escorting the complainant while on school property or while at a school off-campus activity, 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. 

VI. SCHOOL’S RESPONSE TO SEXUAL HARASSMENT (34 CFR § 106.44) 

1. General response to sexual harassment. Regardless of whether or not a formal complaint is filed, should the school have actual knowledge of sexual harassment in a school educational program or activity against another person in the United States, the school shall respond promptly in a manner that is not deliberately indifferent (i.e., if the school’s response to sexual harassment is clearly unreasonable in light of the known circumstances). The Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. 

2. Response to a formal complaint. In response to a formal complaint, the school shall follow the grievance process.

3. Time frames. The time frames set forth in the regulations shall be considered as a maximum length of time within which the related step is to be completed, however, the time frames may be extended for good cause upon written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause includes, but is not limited to, utilization of the informal resolution process, availability of an investigator if not a school employee, complexity of the investigation, absence of a party, a party’s advisor, a witness, or decision-maker (including a person necessary for addressing an appeal), concurrent law enforcement activity, or the need for language assistance or accommodation of disabilities. 

4. Emergency removal. Nothing in Title IX regulations or this policy prohibits the school from removing a respondent from the school’s education program or activity on an emergency basis, provided that the school undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal, however, nothing in Title IX regulations or this policy may be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act. Additionally, nothing in the Title IX regulations or this policy prohibits the school from placing an employee respondent on administrative leave during the pendency of a grievance process, however, nothing in Title IX regulations or this policy may be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.