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Is this a possible Title IX issue?

  • Does the allegation include sex-based actions (e.g., sex-based verbal or written communications; sex-based drawings or pictures; sexually inappropriate videos; sexual assault; etc.) that were committed in a context over which the district has substantial control?
    • On campus or during an online class
    • Off-campus location owned or controlled by the school district
    • Off-campus, but a school-sponsored event
  • If yes, determine whether the allegation might constitute one of the following:
    • Quid pro quo: An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
    • Hostile environment on the basis of sex
      • Unwelcome conduct determined by a reasonable person to be so:
        • Severe (sexual contact, touching in inappropriate places, public sexual shaming/objectification, or repeated incidents of less severe conduct),
        • Pervasive (pattern or practice, widespread, occurring in public spaces), and
        • Objectively offensive (age and relationship of the parties, number of people involved, severity, humiliation, intimidation, abuse, etc.)
      • that it denies a person equal access to the district’s education program or activity.
    • “Sexual assault”, “dating violence”, “domestic violence”, or “stalking”.
  • If no, pursue under a different element of the student code of conduct (i.e., disrespect, inappropriate words or actions, bullying, threats, etc.).