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Formal Grievance Procedure

The formal grievance procedure is designed to provide for the prompt and equitable resolution of complaints alleging any action that would be prohibited by Title IX and its implementing regulations.  The grievance procedure applies only to claims of sexual harassment occurring in EdAdvance’s education programs or activities and within the United States.  The formal grievance procedure is only initiated if the complainant or the complainant’s parent/guardian signs a formal complaint or the Districtwide Title IX Coordinator signs a formal complaint alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.

 

The Title IX Coordinator, investigator, decision-maker and any person designated to facilitate an informal resolution process will recuse themselves if they have a conflict of interest or a bias for or against complainants or respondents generally or to an individual complainant or respondent.

 

There is a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.  “Responsible for the alleged conduct” is determined by the preponderance of the evidence standard whereby the respondent is responsible for the conduct if there is more than a 50% chance that they engaged in the alleged conduct.

 

The grievance process will be completed within a reasonable time frame.  Although each complaint is different, a reasonable time frame generally means that the grievance process will be completed within sixty (60) days of when the formal complaint is filed.  Time frames may be extended for good cause.  Both the complainant and respondent should be informed in writing of any extension of the time frame and the reason for the extension.  Good cause may include, but is not limited to, the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity or Department of Child and Family investigation; or the need for language assistance or accommodation of disabilities. 

 

If a respondent is found to be responsible for the alleged conduct and the alleged conduct is found to be a violation of Title IX, the respondent may be subject to discipline up to and including expulsion from school.  If the respondent is found to be responsible for the alleged conduct and it is determined that the conduct does not violate Title IX as set forth in the regulations implementing Title IX but the conduct violates another EdAdvance policy or educational rule, the respondent also may be subject to discipline up to and including expulsion from EdAdvance if the respondent is a student or termination of employment if the respondent is an employee.

 

A written formal complaint should include:

  • The name of the complainant,

    • The date of the complaint,

    • The date of the alleged harassment,

    • The name or names of the harasser or harassers (if known) or discriminators,

    • Identification of the location where such harassment/discrimination occurred,

    • A detailed statement of the circumstances constituting the alleged harassment/discrimination,

    • Detailed statement of the circumstances constituting the alleged harassment/discrimination; and

    • Remedy requested.

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  • Upon receipt of a formal complaint, the Title IX Coordinator must provide the following written notice to the parties who are known:

    • Notice of the District’s grievance process including any informal resolution processes that are available. 

    • Notice of the allegations of sexual harassment including sufficient details known at the time including the identities of the parties involved in the incident (if known), the conduct allegedly constituting sexual harassment in violation of Title IX, and the date and location of the alleged incident (if known).

    • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process.

    • A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.

    • A statement that each party will have the opportunity to inspect and review evidence provided.

    • A statement that parties who knowingly make false statements or knowingly submit false information during the grievance process may be disciplined.

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  • If, during the course of the investigation, the investigator decides to investigate allegations not included in the original notice, the investigator will provide notice of the additional allegations to the parties whose identities are known.

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  • Risk Assessment:  Upon receipt of a formal Title IX written complaint, the Districtwide Title IX Coordinator and/or designee will undertake an individualized safety and risk analysis.  If the Districtwide Title IX Coordinator and/or their designee determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment that justifies removal of the respondent from the school setting, the Title IX Coordinator and/or their designee, in conjunction with the School Principal, if the respondent is a student, or the Director of Human Resources, if the respondent is an employee, will immediately remove the respondent from the school setting.  If the respondent is a student, any decision to suspend or expel the student will follow EdAdvance’s normal suspension/expulsion process.  If the respondent is an employee, EdAdvance will follow its normal exclusionary proceedings for employees, including but not limited to placement on administrative leave.

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  • The Title IX Coordinator will evaluate whether a report must be made to the Connecticut Department of Children and Families.

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  • EdAdvance may consolidate two or more formal complaints where the allegations of sexual harassment arise out of the same facts or circumstances. 

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  • Mandatory Dismissal of Formal Complaint:  If, during the course of the investigation, it is determined that the respondent’s conduct, even if proved, did not occur in EdAdvance’s education program or activity, or did not occur against a person in the United States, pursuant to the Title IX Regulations, the District is required to dismiss the formal complaint with regard to that conduct. Such dismissal must be approved by the Executive Director and/or designee or the Director of Human Resources.  Such a dismissal does not preclude discipline under another provision of EdAdvance’s Code of Conduct or another EdAdvance policy.

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  • Permissive Dismissal of Formal Complaint: EdAdvance may dismiss the formal complaint or specific allegations therein, if (a) any time during the investigation or decision-making process, the complainant notifies the EdAdvance Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein, (b) the respondent is no longer enrolled or employed by EdAdvance, or (c) specific circumstances prevent EdAdvance from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. Such dismissal must be approved by the Executive Director and/or designee or the Director of Human Resources.  Such a dismissal does not preclude discipline under another provision of EdAdvance’s Code of Conduct or another EdAdvance policy.

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  • Upon mandatory or permissive dismissal, EdAdvance must promptly send simultaneous written notice of the dismissal to all parties.

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  • The exercise of rights protected under the First Amendment does not constitute sexual harassment under Title IX. 

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