Cf: GAEAA, JCDAF
Cf: JCEA, JGCE
TITLE IX GRIEVANCE PROCEDURES FOR STUDENT REPORTS OR
COMPLAINTS OF SEXUAL HARASSMENT
When an East Baton Rouge Parish School Board (EBRPSS) staff member or employee has actual knowledge of sexual harassment as defined below involving a student, the response by the administration is required to be prompt and, in a manner, not deliberately indifferent. The response must treat complainants and respondents equitably and offer supportive measures to both. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) must be free of any conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that may affect the outcome of the report or complaint. This policy applies to all EBRPSS students, employees, and non-employee volunteers, to the elected members of the School Board.
“Actual knowledge” means notice of sexual harassment
or allegations of sexual harassment as defined below to Title IX Coordinator
or to any employee. Imputation of knowledge based solely on vicarious
liability or constructive notice is insufficient to constitute actual
knowledge. Actual knowledge does not exist if the only person
with actual knowledge is the “respondent” as defined below.
“Administrative leave” means placing an employee respondent
on administrative leave during the pendency of a grievance process.
This provision may not be construed to modify any rights under
Section 504 of the Rehabilitation Act of 1973,
or the Americans with Disabilities Act or
regulations promulgated thereunder.
is an individual who either the complainant or the respondent may
have to support that party during the course of the complaint process.
The advisor need not be an attorney. The advisor
is at the party’s sole expense, if any. The advisor may
inspect and review all evidence obtained as part of the investigation
that is directly related to the allegations raised in the formal complaint.
“Complainant” means a student who is alleged to be the
victim of conduct that could constitute sexual harassment as defined
“Consent” for sexual activity may be manifest in the
voluntary words or actions of a student over the age of 12 to someone
not greater than three (3) years older than the student, conveying
a willingness to engage in a sexual act. Consent does not
include the following: (a) a student’s words or actions conveyed
to a school district employee; (b) words or actions of a student who
is incapable of resisting or of understanding the nature of the act
by reason of a stupor or abnormal condition of mind produced by an
intoxicating agent or any cause and the offender knew or should have
known of the student’s incapacity, and (c) words or actions of a student
who has mental or physical infirmities which the offender knew or
should have known to be significant.
“Decision-Maker” is someone other than the Title IX Coordinator
or Investigator. For the EBRPSS the Decision-Maker is the Supervisor
of Child Welfare & Attendance. The Decision-Maker issues
a written determination regarding responsibility based on the complaint
“Education program or activity” includes any school,
administrative building and any EBRPSS location, event, or circumstance
over which the EBRPSS and its employees and staff have or exhibit
substantial control over students and the context in which harassment
occurred. Use of EBRPSS resources such as e-mail, the Internet,
postal mail, handwritten, or other communications are possible methods
of sexual harassment as defined below.
“Emergency removal” means removing a respondent student
from EBRPSS’s education program or activity on an emergency basis,
provided that the Title IX Coordinator undertakes an individualized
safety and risk analysis, and 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.
The Title IX Coordinator also provides the respondent with notice
and an opportunity to challenge the decision immediately following
the removal. This provision may not 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
“Formal complaint” means a document filed by a complainant
(victim) or signed by the Title IX Coordinator alleging sexual harassment
(as defined below) against a respondent and requesting an investigation
of an allegation of sexual harassment. The complaint may be
filed with the Title IX Coordinator in person, by mail, and/or by
electronic means. “Document filed by complainant “ means a
document or electronic submission, such as by electronic mail or through
an online portal and contains the complaint’s physical or digital
signature or otherwise indicates that the complainant is the person
filing the formal complaint. Where the Title IX Coordinator
signs a formal complaint, the Title IX Coordinator is not a complainant
or otherwise a party.
“Investigator” is the person designated by the Title
IX Coordinator to investigate allegations which may constitute “sexual
harassment” (as defined below) and to produce an investigate report. The
Investigator may be the Title IX Coordinator, but in no instance can
the Investigator also be the “Decision-Maker” (as defined above).
“Notice” results whenever any EBRPSS employee, Title
IX Coordinator, or any official with authority witnesses sexual harassment
(as defined below); hears about sexual harassment or sexual allegations
from a victim or a third party (e.g., the victim’s parent or guardian,
friend, or peer); receives a written or verbal report about sexual
harassment or allegations of sexual harassment; or by any other means.
“Respondent” means a student or employee who has been
reported to be the perpetrator of conduct that could constitute sexual
harassment (as defined below).
“Sex discrimination” is treatment of or denial of a benefit
to a person on the basis of their sex.
“Sexual harassment” means for the purpose of only this grievance procedure, conduct on the basis of sex that satisfies one or more of the following:
An employee of EBRPSS conditioning the provision of an aid,
benefit, or service for a student on an individual’s participation
in unwelcome sexual conduct (i.e., quid pro quo sexual
Unwelcome conduct determined by a reasonable person to be
so severe, pervasive, and objectively offensive that it effectively
denies a person equal access to EBRPSS’s education program or
“Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (20 USC 1092(f)(6)(A)(v)) involving an attempted or actual sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent such as:
attempted or actual rape as defined in La. Rev. Stat.
Ann. §§14:41, 14:42-43 or
attempted or actual sexual battery as defined in La. Rev. Stat. Ann. §§14:43.1-43.3;
“Dating violence” means violence committed by a person—
who is or has been in a social relationship of a romantic
or intimate nature with the victim; and
where the existence of such a relationship shall be determined based on a consideration of the following factors:
The length of the relationship;
The type of relationship; and
The frequency of interaction between the persons involved in the relationship, (34 USC 12291(a)(10)); or
commits a battery of a dating partner as defined in La. Rev. Stat. Ann §§14:34.9 or 14:34.9.1;
”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 Louisiana (34 USC 12291(a)(8)); or
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
fear for his or her safety or the safety of others;
suffer substantial emotional distress (34 USC 122919(a)(30));
may include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted (La. Rev. Stat. Ann. §14:40.2).
“Standard of evidence” is a preponderance of evidence
which means a finding that is more likely than not that the sexual
harassment occurred. The standard is met when a finder of fact
has determined with 50.1% certainty that the sexual harassment occurred.
“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 filing of a formal complaint or where no formal complaint
has been filed. Such measures are designed to restore or
preserve equal access to EBRPSS’s education program or activity without
unreasonably burdening the other party, including measures designed
to protect the safety of all parties, the EBRPSS’s educational environment,
or to deter sexual harassment. Supportive measures may include
counseling, extensions of deadlines or other course-related adjustments,
modifications of work or class schedules, mutual restrictions on contact
between the parties, changes in work or school locations, leaves of
absence, increased security and monitoring of certain areas of the
campus, and other similar measures. The Title IX Coordinator
must maintain as confidential any supportive measures provided to
the complainant or respondent, to the extent that maintaining such
confidentiality would not impair the ability to provide the supportive
measures. The Title IX Coordinator is responsible for coordinating
the effective implementation of supportive measures.
“Title IX Coordinator” is the person designated by the
EBRPSS School Board and who may designate an Investigator, as appropriate.
The Title IX Coordinator is authorized to coordinate all compliance
efforts regarding Title IX including employment, athletic participation,
and housing for EBRPSS. For this grievance procedure regarding
sexual harassment (as defined above), the Title IX Coordinator is
the initial contact and responsible for its overall compliance. The
Title IX Coordinator’s name, office and email addresses, and phone
number, must be posted on the EBRPSS’s website and in each handbook
or catalog that it makes available to applicants for admission and
employment, students, parents or legal guardians of students, and
“Title IX” refers to Title IX of the Education Amendments of 1972 (20 USC 1681 et. seq.) and the regulations promulgated thereunder. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive Federal financial assistance, including the EBRPSS.
Any student who believes he or she has been the victim of sexual
harassment as a result of conduct defined above as sexual harassment
by another student or by any EBRPSS employee or staff member is encouraged
to report the matter to the Title IX Coordinator or any EBRPSS employee.
Any person such as parent/guardian, principal, school administrator,
teacher, friend, or bystander may report sexual discrimination, including
sexual harassment whether or not the person reporting is the person
alleged to be the victim of conduct that could constitute discrimination
or sexual harassment. The report should be made to the Title
Reports may be made by mail, telephone or email 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.
Reports may be made at any time, including non-business hours,
by using the telephone or electronic mail address to the Title IX
Upon actual knowledge or notice of alleged sexual harassment
(as defined above) of a student, the Title IX Coordinator must promptly
within 24 hours contact the complainant student and as appropriate
parent/guardian to determine the available facts involving the report
and to discuss all options, including the availability of supportive
measures and consider the complainant’s wishes with respect to supportive
measures. Supportive measures (as defined above) are available
with or without the filing of a formal complaint.
The report of an alleged sexual harassment (as defined above)
must be sufficiently clear and explicit so that it can be recognized
as a legitimate report of sexual harassment or retaliation. A
report must, at a minimum, include: (a) a description of an alleged
act of sexual harassment, including the date(s), time(s), and place(s)
it is alleged to have occurred; (b) identity of the alleged victim;
(c) identity of the alleged harasser; and (d) identity of the reporting
The Title IX Coordinator must notify the complainant student
and as appropriate parent/guardian of the right to file a formal complaint.
The Title IX Coordinator must explain to the complainant student
and as appropriate parent/guardian how to file a complaint.
In the event the complainant student decides not to file a complaint, or the Title IX Coordinator does not file a complaint, the report is closed without further action. The report and any provided supportive measures remain confidential and such information may not be released. The Title IX Coordinator is to maintain the report as a confidential document for seven (7) years.
Upon receipt of a formal written complaint filed by a complainant student or signed by the Title IX Coordinator, the Title IX Coordinator must immediately provide written notice to the known parties, containing a copy of these grievance procedures, including the informal resolution process and appeals processes. Such written notice must contain the following elements:
of the allegations of sexual harassment potentially constituting “sexual
harassment” (as defined above) to include sufficient details known
at the time and allowing time to prepare a response before any initial
interview or other proceeding. Sufficient details include the
identities of the known parties involved in the incident, the conduct
allegedly constituting sexual harassment, and the date and location
of the alleged incident, if known.
statement that the complainant and respondent will be treated equitably
by providing remedies for a complaint when the determination of responsibility
for sexual harassment has been made against the respondent and by
following this grievance process before imposing against a respondent
any disciplinary sanctions or other actions that are not supportive
measures. Remedies must be designed to restore or preserve equal
access to the EBRPSS’s education program or activities and include
individual services such as “supportive measures”; however, remedies
can be disciplinary or punitive and need not avoid burdening the respondent.
statement that the respondent is presumed not responsible for the
alleged conduct until a determination regarding responsibility is
made at the conclusion of the investigation process by another person
as the Decision-Maker.
informing each party that they may have an advisor of their choice,
who may be, but is not required to be, an attorney and who may inspect
and review all evidence obtained as part of the investigation that
is directly related to the allegations raised in the formal complaint.
of any provision in the EBRPSS’s code of conduct that prohibits knowingly
making false statements or knowingly submitting false information
during the complaint process.
statement that, if, in the course of an investigation, the Title IX
Coordinator or designated Investigator decides to investigate allegations
about the complainant or respondent that are not included in the notice
provided pursuant to this section, the Title IX Coordinator must provide
written notice of the additional allegations to the parties whose
identities are known.
that the Title IX Coordinator may consolidate formal complaints as
to allegations of sexual harassment against more than one respondent,
or by more than one complainant against one or more respondents, or
by one party against the other party, where the allegations of sexual
harassment arise out of the same facts or circumstances. Where
a complaint process involves more than one complainant or more than
one respondent, references in this section to the singular “party,”
“complainant,” or “respondent” include the plural, as applicable.
Notice that, if the respondent is an EBRPSS employee, such employee may be placed on administrative leave during the pendency of a grievance process.
INVESTIGATION OF A FORMAL COMPLAINT
When investigating a formal complaint and throughout the grievance process, the Title IX Coordinator and Investigator will:
that the burden of proof and the burden of gathering evidence sufficient
to reach a determination regarding responsibility rest on the Title
IX Coordinator and Investigator and not on the parties. However,
the Title IX Coordinator and Investigator cannot access, consider,
disclose, or otherwise use a party’s records that are made or maintained
by a physician, psychiatrist, psychologist, or other recognized professional
or paraprofessional acting in the professional’s or paraprofessional’s
capacity, or assisting in that capacity, and which are made and maintained
in connection with the provision of treatment to a party, unless the
Title IX Coordinator obtains that party’s parent/guardian voluntary,
written consent to do so for a complaint process under this section.
If the party is of age of majority, then such individual may
provide the written consent.
an equal opportunity for the parties to present witnesses, including
fact and expert witnesses, to submit written questions for the other
party/witness to answer provided the Title IX Coordinator determines
the questions to be relevant, and other inculpatory and exculpatory
evidence to the Title IX Coordinator or Investigator.
restrict the ability of either party to discuss the allegations under
investigation or to gather and present relevant evidence to the Title
IX Coordinator or Investigator.
allow as relevant evidence questions and evidence about the complainant’s
sexual predisposition or prior sexual behavior, unless such questions
and evidence about the complainant’s prior sexual behavior 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
Title IX Coordinator or Investigator must explain to the party proposing
the questions any decision to exclude a question or evidence as not
to a party written notice of the date, time, location, participants,
and purpose of all investigative interviews or other meetings or proceedings,
with sufficient time for the party to prepare to participate. The
party may be accompanied by an advisor. The notice is to include
information if the interview or other meetings will be conducted in
a virtual manner using ZOOM, Microsoft Team, Skype, or similar digital
platforms. The Title IX Coordinator will create an audio or
audiovisual recording, or transcript, of any live interview or meeting
and make it available to the parties for inspection and review.
both parties an equal opportunity to inspect and review any evidence
obtained as part of the investigation that is directly related to
the allegations raised in a formal complaint. This includes
the evidence upon which the Title IX Coordinator or Investigator does
not intend to rely on to reach a determination regarding responsibility
and inculpatory or exculpatory evidence whether obtained from a party
or other source. The purpose is so each party can meaningfully
respond to the evidence prior to conclusion of the investigation.
to completion of the investigative report, the Title IX Coordinator
or Investigator must send to each party and the party’s advisor, if
any, the evidence subject to inspection and review in an electronic
format or a hard copy, and the parties have ten (10) calendar days
to submit a written response, which the Title IX Coordinator or Investigator
will consider prior to completion of the investigative report. The
Title IX Coordinator must make all such evidence subject to the parties’
inspection and review, to give each party equal opportunity to review.
Create an investigative report resulting from an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence with credibility determinations without regard to a person’s status as a complainant, respondent, or witness. The report is to fairly summarizes relevant evidence and to be sent to each party and the party’s advisor, if any, in an electronic format or a hard copy for their review and written response.
DETERMINATION REGARDING RESPONSIBILITY
After the Title IX Coordinator sends the investigative report to the parties and before the Decision-Maker reaches a determination regarding responsibility, the Decision-Maker(s) must afford each party seven (7) calendar days for the opportunity to submit written, relevant questions that a 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.
The Decision-Maker(s), who cannot be the same person(s) as the Title IX Coordinator or the Investigator(s), must issue a written determination regarding responsibility. To reach this determination, the Decision-Maker must apply the standard of evidence described in the Definitions section of this procedure. The written determination must include—
of the allegations potentially constituting sexual harassment (“sexual
harassment” as defined in the Definitions section of this procedures);
description of the procedural steps taken from the receipt of the
formal complaint through the determination, including any notifications
to the parties, interviews with parties and witnesses, site visits,
methods used to gather other evidence, and interviews or other proceedings
of fact supporting the determination;
regarding the application of the EBRPSS’s code of conduct to the facts;
statement of, and rationale for, the result as to each allegation,
including a determination regarding responsibility, any disciplinary
sanctions to be imposed on a respondent, and whether the remedies
are designed to restore or preserve equal access to the EBRPSS’s education
program or activity will be provided by the Decision-Maker to the
EBRPSS procedures and permissible bases for the complainant or respondent
Decision-Maker must provide the written determination to the parties
determination regarding responsibility becomes final either on the
date that the Decision-Maker provides the parties with the written
determination of the result of an appeal, if an appeal is filed, or,
if an appeal is not filed, on the date on which an appeal would no
longer be considered timely.
The Title IX Coordinator is responsible for effective implementation of any remedies.
Both parties may appeal within seven (7) calendar days from a determination regarding responsibility, or from the Title IX Coordinator or the Decision-Maker’s dismissal of a formal complaint or any allegations therein, on the following bases:
irregularity that affected the outcome of the matter;
evidence that was not reasonably available at the time the determination
regarding responsibility or dismissal was made, that could affect
the outcome of the matter; or
The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
For all appeals, the Superintendent of Schools or designee must:
Notify the other party in writing when an appeal is filed
and implement appeal procedures equally for both parties;
Ensure that any Superintendent’s designee for the appeal
is not the same person as the Decision-Maker(s) who reached the
determination regarding responsibility or dismissal, the Investigator(s),
or the Title IX Coordinator;
Give both parties ten (10) calendar days and equal opportunity
to submit a written statement in support of, or challenging, the
Issue a written decision describing the result of the appeal
and the rationale for the result; and
Provide the written decision simultaneously to both parties.
An informal resolution process to resolve allegations that an employee sexually harassed a student is not allowed and may not be used. This process may only be used when all the parties are students and in accordance with the following parameters:
The Title IX Coordinator or Investigator may not require as
a condition of enrollment or continuing enrollment, or employment
or continuing employment, or enjoyment of any other right, waiver
of the right to an investigation and adjudication of formal complaints
of sexual harassment consistent with this section.
The student parties may not be required to participate in an
informal resolution process under this section and may not be offered
an informal resolution process unless a formal complaint has been
filed by a student complainant or one signed by the Title IX Coordinator.
At any time prior to reaching a determination regarding responsibility the Title IX Coordinator may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the Title IX Coordinator –
Gives to the student parties and their advisors, if any, a written notice disclosing:
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,
provided, however, that at any time prior to agreeing to a
resolution, any party has the right to withdraw from the informal
resolution process and resume the grievance process with respect
to the formal complaint; and
any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; and
Obtains the parties’ voluntary, written consent to the informal resolution process.
DISMISSAL OF A FORMAL COMPLAINT
The Title IX Coordinator
must review the allegations made in a formal complaint. If the conduct
alleged in the formal complaint would not constitute “sexual harassment”
(as defined above) even if proved; did not occur in the EBRPSS’s education
program or activity; or did not occur against a person in the United
States, then the Title IX Coordinator must dismiss the formal complaint.
Such a dismissal does not preclude action under another provision
of the EBRPSS’s code of conduct.
The Title IX Coordinator may dismiss the formal complaint or
any allegations therein, if at any time during the investigation a
complainant notifies the Title IX Coordinator in writing that the
complainant would like to withdraw the formal complaint or any allegations
therein; the respondent is no longer enrolled or employed by EBRPSS;
or specific circumstances prevent the Title IX Coordinator from gathering
evidence sufficient to reach a determination as to the formal complaint
or allegations therein.
Upon a dismissal required or permitted pursuant to paragraphs 1 or 2 of this section, the Title IX Coordinator must promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.
The Title IX Coordinator must maintain for a period of seven (7) years records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the Title IX Coordinator must document the basis for the conclusion that any response was not deliberately indifferent and must document the measures taken and designed to restore or preserve equal access to the EBRPSS’s education program or activity. If a complainant was not provided with supportive measures, then the Title IX Coordinator must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the Title IX Coordinator in the future from providing additional explanations or detailing additional measures taken. In addition, the following must also be maintained:
Each sexual harassment investigation including any determination
regarding responsibility and any audio or audiovisual recording or
transcript, any disciplinary sanctions imposed on the respondent,
and any remedies provided to the complainant designed to restore or
preserve equal access to the EBRPSS’s education program or activity;
Any appeal and the result therefrom;
Any informal resolution and the result therefrom; and
All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process. All training materials must be publicly available on the EBRPSS website.
RETALIATION IS PROHIBITED
of any nature against any student or employee who makes a report or
complaint or who participates in any investigation under this policy
is a serious violation of the EBRPSS’s sex discrimination policy.
Such retaliation is considered an act of sexual harassment itself;
therefore, reports and complaints of such retaliation are handled
in the same manner as those of sexual harassment. All references
to “sexual harassment” in this policy and the related procedures shall
also include retaliation. No person may intimidate, threaten,
coerce, or discriminate against any individual for the purpose of
interfering with any right or privilege secured by Title IX or this
policy, or because the individual has made a report or complaint,
testified, assisted, or participated or refused to participate in
any manner in an investigation, proceeding, or meeting under this
procedure. Intimidation, threats, coercion, or discrimination
constitute retaliation. These prohibited actions including charges
against an individual for code of conduct violations that do not involve
sex discrimination or sexual harassment, but arise out of the same
facts or circumstances as a report or complaint of sex discrimination
or a report or formal complaint of sexual harassment, for the purpose
of interfering with any right or privilege secured by Title IX or
34 CFR part 106 (the Title IX regulations).
The Title IX Coordinator must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness (except as may be permitted by the FERPA statute (20 USC 1232g), or FERPA regulations (34 CFR part 99), or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, or judicial proceeding arising thereunder). Complaints alleging retaliation may be filed according to these procedures.
The exercise of rights protected under the First Amendment
does not constitute retaliation prohibited under paragraph 1 of
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a proceeding under these procedures does not constitute retaliation prohibited under paragraph 1 of this section, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board's policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and the School Board policy on child abuse. Such reporting must be made in addition to any procedures for handling sexual harassment or any other complaints.
Any EBRPSS employee who has reason to believe that a sexual offense has occurred under Louisiana law or that constitutes prohibited sexual conduct between an educator and a student must immediately report such information to the Title IX Coordinator who will file a report with the appropriate local or state law enforcement agency. Failure to make such report may result in disciplinary action against the employee, up to and including possible termination.
The Title IX Coordinator, Investigator(s), Decision-Maker(s), and any person who facilitates an informal resolution process, must receive training on the definition of sexual harassment as stated in this procedure, the scope of the EBRPSS’s education program or activity, how to conduct an investigation and grievance process including interviews, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. All Decision-Makers must receive training on any technology to be used on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant. Investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Any materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes, and must promote impartial investigations and adjudications of formal complaints of sexual harassment.
POLICE AND MEDICAL RESOURCES
A student who experiences any form of sexual assault is strongly encouraged to seek immediate medical care. Students may undergo a medical exam to properly collect and preserve physical evidence of any sexual assault with or without police involvement. If the incident occurred on an EBRPSS campus or in East Baton Rouge, call to report 911.
TITLE IX COMPLAINTS OTHER THAN THOSE REGARDING SEXUAL HARASSMENT
Employees, students and applicants for admission or employment may submit complaints of violations of Title IX, other than sexual harassment complaints, to the School Board’s Title IX Coordinator. Investigative procedures regarding such complaints are those set forth in School Board policy, GAMC, Investigations.
New policy: August 20, 2020
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)
34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81
Board minutes, 8-20-20
East Baton Rouge Parish School Board