AR 5145.71 — TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES
STUDENTS AR 5145.71(a)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES
The complaint procedures described in this administrative regulation shall be used to
address any complaint governed by Title IX of the Education Amendments of 1972
alleging that a student, while in an education program or activity in which the district
school exercises substantial control over the context and respondent, was subjected to
one or more of the following forms of sexual harassment: (34 CFR 106.30)
1. A District employee conditioning the provision of a District aid, benefit, or service
on the student's participation in sexual conduct
2. Sexual conduct determined by a reasonable person to be so severe, pervasive,
and objectively offensive that it effectively denies a student equal access to the
District's education program or activity
3. Sexual assault, dating violence, domestic violence, or stalking as defined in 20
USC 1092 or 34 USC 12291
All other sexual harassment complaints, including a complaint of sex discrimination, shall
be investigated and responded to in accordance with AR 1312.3 - Uniform Complaint
Procedures.
(cf. 1312.3 - Uniform Complaint Procedures)
A report of sexual harassment shall be submitted directly to or forwarded to the District's
Title IX Coordinator using the contact information listed in AR 5145.7 - Sexual
Harassment.
(cf. 5145.7 - Sexual Harassment)
Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the
process for filing a formal complaint.
A formal complaint, with the complainant's physical or digital signature, may be filed with
the Title IX Coordinator in person, by mail, by email, or by any other method authorized
by the District. (34 CFR 106.30)
Even if the complainant chooses not to file a formal complaint, the Title IX Coordinator
shall file a formal complaint in situations in which a safety threat exists. In addition, the
Title IX Coordinator may file a formal complaint in other situations as permitted under the
Title IX regulations. In such cases, the complainant is not a party to the case, but will
receive notices as required by the Title IX regulations at specific points in the complaint
process.
AR 5145.71(b)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
The Title IX Coordinator, investigator, decision-maker, or a facilitator of an informal
resolution process shall not have a conflict of interest or bias for or against complainants
or respondents generally or an individual complainant or respondent. Such persons shall
receive training in accordance with 34 CFR 106.45. (34 CFR 106.45)
Supportive Measures
Upon receipt of a report of Title IX sexual harassment, the Title IX Coordinator shall
promptly contact the complainant to discuss the availability of supportive measures, with
or without filing a formal complaint, and shall consider the complainant's wishes with
respect to the supportive measures implemented. Supportive measures shall be offered
as appropriate, as reasonably available, and without 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 shall be nondisciplinary, nonpunitive, and will not
unreasonably burden the other party, including measures designed to protect the safety
of all parties or the District’s educational environment, or deter sexual harassment.
Supportive measures may include, but are not limited to, counseling, course-related
adjustments, modifications of class schedules, mutual restrictions on contact, increased
security, and monitoring of certain areas of the campus. (34 CFR 106.30, 106.44) The
Title IX Coordinator is responsible for coordinating effective implementation of supportive
measures.
The District shall maintain as confidential any supportive measures provided to the
complainant or respondent, to the extent that maintaining such confidentiality would not
impair the District’s ability to provide the supportive measures. (34 CFR 106.30)
Emergency Removal from School
On an emergency basis, the District may remove a student from the District's education
program or activity, provided that the District conducts an individualized safety and risk
analysis, determines that removal is justified due to an immediate threat to the physical
health or safety of any student or other individual arising from the allegations, and
provides the student with notice and an opportunity to challenge the decision immediately
following the removal. This authority to remove a student does not modify a student's
rights under the Individuals with Disabilities Education Act or Section 504 of the
Rehabilitation Act of 1973. (34 CFR 106.44)
AR 5145.71(c)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
If a District employee is the respondent, the employee may be placed on administrative
leave during the pendency of the formal complaint process. (34 CFR 106.44) The leave
shall be paid, unless there is a separate basis for unpaid leave.
Dismissal of Complaint
The Title IX Coordinator shall dismiss a formal complaint if the alleged conduct would not
constitute sexual harassment as defined in 34 CFR 106.30 even if proved. The Title IX
Coordinator shall also dismiss any complaint in which the alleged conduct did not occur
in the District's education program or activity or did not occur against a person in the
United States, and may dismiss a formal complaint if the complainant notifies the District
in writing that the complainant would like to withdraw the complaint or any allegations in
the complaint, the respondent is no longer enrolled or employed by the District, or
sufficient circumstances prevent the District from gathering evidence sufficient to reach a
determination with regard to the complaint. (34 CFR 106.45)
Upon dismissal, the Title IX Coordinator shall promptly send written notice of the dismissal
and the reasons for the dismissal simultaneously to the parties. (34 CFR 106.45)
If a complaint is dismissed on the grounds that the alleged conduct does not constitute
sexual harassment as defined in 34 CFR 106.30, the conduct may still be addressed
pursuant to BP/AR 1312.3 - Uniform Complaint Procedures as applicable.
Informal Resolution Process
When a formal complaint of sexual harassment is filed, the District may offer an informal
resolution process, such as mediation, at any time prior to reaching a determination
regarding responsibility. The District shall not require a party to participate in the informal
resolution process or to waive the right to an investigation and adjudication of a formal
complaint. (34 CFR 106.45)
The District may facilitate an informal resolution process provided that the District: (34
CFR 106.45)
1. Provides the parties with written notice disclosing the allegations, the requirements
of the informal resolution process including the circumstances under which it
precludes the parties from resuming a formal complaint arising from the same
allegations, the right to withdraw from the informal process and resume the formal
complaint process, and any consequences resulting from participating in the
informal resolution process, including that records will be maintained or could be
shared.
AR 5145.71(d)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
2. Obtains the parties' voluntary, written consent to the informal resolution process
3. Does not offer or facilitate an informal resolution process to resolve allegations that
an employee sexually harassed a student
Formal Complaint Process
If a formal complaint is filed, the Title IX Coordinator shall provide the known parties with
written notice of the following: (34 CFR 106.45)
1. The District's complaint process, including any informal resolution process
2. The allegations potentially constituting sexual harassment with sufficient details
known at the time, including the identity of parties involved in the incident if known,
the conduct allegedly constituting sexual harassment, and the date and location of
the alleged incident if known. Such notice shall be provided with sufficient time for
the parties to prepare a response before any initial interview.
If, during the course of the investigation, new Title IX allegations arise about the
complainant or respondent that are not included in the initial notice, the Title IX
Coordinator shall provide notice of the additional allegations to the parties.
3. A statement that the respondent is presumed not responsible for the alleged
conduct and that a determination regarding responsibility is made at the conclusion
of the complaint process.
4. The opportunity for the parties to have an advisor of their choice who may be, but
is not required to be, an attorney, and the ability to inspect and review evidence,
including the evidence upon which the lea does not intend to rely in reaching a
determination regarding responsibility and inculpatory or exculpatory evidence
whether obtained from a party or other source, so that each party can meaningfully
respond to the evidence prior to the conclusion of the investigation
5. The prohibition against knowingly making false statements or knowingly submitting
false information during the complaint process
The above notice shall also include the name of the investigator, facilitator of an informal
process, and decision-maker and shall inform the parties that, if at any time a party has
concerns regarding conflict of interest or bias regarding any of these persons, the party
should immediately notify the Title IX Coordinator.
AR 5145.71(e)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
Investigation Procedures
Pursuant to 34 CFR 106.45, when investigating a formal complaint, the burden of proof
rests on the District and not on the parties. However, the District must obtain the party’s
voluntary, written consent to access, consider, disclose, or otherwise use a party’s
records that are maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional, which are made and maintained in connection with the
provision of treatment to the party. The District will not require, allow, rely upon, or
otherwise use questions or evidence that constitute or seek disclosure of information
protected under a legally recognized privilege, unless the person holding the privilege has
waived the privilege. (34 CFR 106.45)
During the investigation process, the District shall: (34 CFR 106.45)
1. Provide an equal opportunity for the parties to present witnesses, including fact
and expert witnesses, and other inculpatory and exculpatory evidence
2. Not restrict the ability of either party to discuss the allegations under investigation
or to gather and present relevant evidence
3. Provide the parties with the same opportunities to have others present during any
grievance proceeding, including the opportunity to be accompanied to any related
meeting or proceeding by the advisor of their choice, who may be, but is not
required to be, an attorney
4. Not limit the choice or presence of an advisor for either the complainant or
respondent in any meeting or grievance proceeding, although the district may
establish restrictions regarding the extent to which the advisor may participate in
the proceedings as long as the restrictions apply equally to both parties
5. Provide, to a party whose participation is invited or expected, written notice of the
date, time, location, participants, and purpose of all investigative interviews or
other meetings, with sufficient time for the party to prepare to participate
Send in an electronic format or hard copy to both parties and their advisors, if any,
the evidence that is directly related to the allegations raised in the complaint, and
provide the parties at least 10 days to submit a written response for the investigator
to consider prior to the completion of the investigative report. All such evidence is
subject to the parties’ inspection and review at any hearing to give each party equal
opportunity to refer to such evidence during the hearing including for purposes of
cross-examination (34 CFR 106.45)
AR 5145.71(f)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
6. Objectively evaluate all relevant evidence, including both inculpatory and
exculpatory evidence, and determine credibility in a manner that is not based on a
person's status as a complainant, respondent, or witness
7. Create an investigative report that fairly summarizes relevant evidence and, at
least 10 days prior to the determination of responsibility, send to the parties and
their advisors, if any, the investigative report in an electronic format or a hard copy,
for their review and written response
8. After sending the investigative report to the parties and before reaching a
determination regarding responsibility, afford each party the opportunity to submit
written, relevant questions that the party wants asked of any party or witness,
provide each party with the answers, and allow for additional, limited follow-up
questions from each party
Questions and evidence about the complainant's sexual predisposition or prior sexual
behavior are not relevant, unless such questions and evidence are offered to prove that
someone other than the respondent committed the conduct alleged by the complainant
or if the questions and evidence concern specific incidents of the complainant's prior
sexual behavior with respect to the respondent and are offered to prove consent. The
decision-maker(s) must explain to the party proposing the questions any decision to
exclude a question as not relevant. (34 CFR 106.45)
Privacy rights of all parties to the complaint shall be maintained in accordance with
applicable state and federal laws.
If the complaint is against an employee, rights conferred under an applicable collective
bargaining agreement shall be applied to the extent they do not conflict with the Title IX
legal requirements.
Written Decision
The Superintendent shall designate an employee as the decision-maker to determine
responsibility for the alleged conduct, who shall not be the Title IX Coordinator or a person
involved in the investigation of the matter. (34 CFR 106.45)
The decision-maker shall issue, and simultaneously provide to both parties, a written
decision as to whether the respondent is responsible for the alleged conduct. (34 CFR
106.45)
AR 5145.71(g)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
The written decision shall be issued within 60 calendar days of the receipt of the
complaint.
The timeline may be temporarily extended for good cause with written notice to the
complainant and respondent of the extension and the reasons for the action. (34 CFR
106.45)
In making this determination, the District shall use the "preponderance of the evidence"
standard for all formal complaints of sexual harassment. The same standard of evidence
shall be used for formal complaints against students as for complaints against employees.
(34 CFR 106.45)
The written decision shall include the following: (34 CFR 106.45)
1. Identification of the allegations potentially constituting sexual harassment as
defined in 34 CFR 106.30
2. A description of the procedural steps taken from receipt of the formal complaint
through the written decision, including any notifications to the parties, interviews
with parties and witnesses, site visits, methods used to gather other evidence, and
hearings held if the District includes hearings as part of the grievance process
3. Findings of fact supporting the determination
4. Conclusions regarding the application of the District's code of conduct or policies
to the facts
5. A statement of, and rationale for, the result as to each allegation, including a
decision regarding responsibility, any disciplinary sanctions the District
imposes on the respondent, and whether remedies designed to restore or preserve
equal access to the district's educational program or activity will be provided by the
District to the complainant
6. The District's procedures and permissible bases for the complainant and
respondent to appeal
Appeals
Either party may appeal the District's decision or dismissal of a formal complaint or any
allegation in the complaint, if the party believes that a procedural irregularity affected the
outcome, new evidence is available that could affect the outcome, or a conflict of interest
AR 5145.71(h)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
or bias by the Title IX Coordinator, investigator(s), or decision-maker(s) affected the
outcome. If an appeal is filed, the District shall: (34 CFR 106.45)
1. Notify the other party in writing when an appeal is filed and implement appeal
procedures equally for both parties
2. Ensure that the decision-maker(s) for the appeal is trained in accordance with 34
CFR 106.45 and is not the same decision-maker(s) who reached the determination
regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator
3. Give both parties a reasonable, equal opportunity to submit a written statement in
support of, or challenging, the outcome
4. Issue a written decision describing the result of the appeal and the rationale for the
result
5. Provide the written decision simultaneously to both parties
An appeal must be filed in writing within 10 calendar days of receiving the determination,
stating the grounds for the appeal and including any relevant documentation in support
of the appeal. Appeals submitted after this deadline are not timely and shall not be
considered. Either party has the right to file a complaint with the U.S. Department of
Education's Office for Civil Rights within 180 days of date of the most recently alleged
misconduct.
A written decision shall be provided to the parties within 20 calendar days from the receipt
of the appeal.
Remedies
When a determination of responsibility for sexual harassment has been made against the
respondent, the district shall provide remedies to the complainant. Such remedies may
include the same individualized services described above in the section "supportive
measures," but need not be nondisciplinary or nonpunitive and need not avoid burdening
the respondent. (34 CFR 106.45)
AR 5145.71(i)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
Corrective/Disciplinary Actions
The District shall not impose any disciplinary sanctions or other actions against a
respondent, other than supportive measures as described above in the section
"supportive measures," until the complaint procedure has been completed and a
determination of responsibility has been made. (34 CFR 106.44)
For students in grades 4-12, discipline for sexual harassment may include suspension
and/or expulsion. After the completion of the complaint procedure, if it is determined that
a student at any grade level has committed sexual assault or sexual battery at school or
at a school activity off school grounds, the principal or Superintendent shall immediately
suspend the student and shall recommend expulsion. (Education Code 48900.2, 48915)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Other actions that may be taken with a student who is determined to be responsible for
sexual harassment include, but are not limited to:
1. Transfer from a class or school as permitted by law
2. Parent/guardian conference
3. Education of the student regarding the impact of the conduct on others
4. Positive behavior support
5. Referral of the student to a student success team/student excellence plan team
(cf. 6164.5 - Student Success Teams)
6. Denial of participation in extracurricular or cocurricular activities or other privileges
as permitted by law
(cf. 6145 - Extracurricular and Cocurricular Activities)
When an employee is found to have committed sexual harassment or retaliation, the
district shall take appropriate disciplinary action, up to and including dismissal, in
accordance with applicable law and collective bargaining agreement.
AR 5145.71(j)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
(cf. 4117.7/4317.7 - Employment Status Report)
(cf. 4118 - Dismissal/Suspension/Disciplinary Action)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
Record-Keeping
The Superintendent or designee shall maintain for a period of seven years a record of all
reported cases and Title IX investigations of sexual harassment, any determinations of
responsibility, any audio or audiovisual recording and transcript if applicable, any
disciplinary sanctions imposed, any remedies provided to the complainant, any appeal or
informal resolution and the results therefrom, and responses made pursuant to 34 CFR
106.44. (34 CFR 106.45)
The Superintendent or designee shall also maintain for a period of seven years all
materials used to train the Title IX Coordinator, investigator(s), decision-maker(s), and
any person who facilitates an informal resolution process. The District shall make such
training materials publicly available on its web site, or if the District does not maintain a
web site, available upon request by members of the public. (34 CFR 106.45)
(cf. 3580 - District Records)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of Discrimination on the Basis of Sex
48900 Grounds for Suspension or Expulsion
48900.2 Additional Grounds for Suspension or Expulsion; Sexual Harassment
48985 Notices, Report, Statements and Records in Primary Language
CIVIL CODE
51.9 Liability for Sexual Harassment; Business, Service and Professional Relationships
1714.1 Liability of Parents/Guardians for Willful Misconduct of Minor
GOVERNMENT CODE
12950.1 Sexual Harassment Training
CODE OF REGULATIONS, TITLE 5
4600-4670 Uniform Complaint Procedures
4900-4965 Nondiscrimination in Elementary and Secondary Education Programs
UNITED STATES CODE, TITLE 20
1092 Definition of Sexual Assault
1221 Application of Laws
1232g Family Educational Rights and Privacy Act
1681-1688 Title IX of the Education Amendments of 1972
UNITED STATES CODE, TITLE 34
12291 Definition of Dating Violence, Domestic Violence, and Stalking
AR 5145.71(k)
TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES (cont.)
UNITED STATES CODE, TITLE 42
1983 Civil Action for Deprivation of Rights
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as Amended
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
106.1-106.82 Nondiscrimination on the Basis of Sex in Education Programs
COURT DECISIONS
Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567
Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130
Reese v. Jefferson School District, (2000, 9th Cir.) 208 F.3d 736
Davis v. Monroe County Board of Education, (1999) 526 U.S. 629
Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274
Oona By Kate S. v. Mccaffrey, (1998, 9th Cir.) 143 F.3d 473
Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447
Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming
Students, Policy Brief, February 2014
Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Q&A on Campus Sexual Misconduct, September 2017
Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016
Dear Colleague Letter: Title IX Coordinators, April 2015
Sexual Harassment: It's Not Academic, September 2008
Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or
Third Parties, January 2001
Websites
California School Boards Association: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr
Chino Valley Unified School District
Regulation Approved: September 1, 2022
Revised: June 1, 2023