Leadership Public Schools prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived race, religion creed, color, national origin, ancestry, age, parental, family, or marital status, pregnancy, physical or mental disability, medical condition, genetic information, veteran status, gender, gender identity, gender expression, sex (sexual harassment), or sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics.
Pursuant to Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), each LPS student and employee has a right to learn and work in an environment that is safe free from unlawful discrimination and are treated equally and fairly. Leadership Public Schools (LPS) is committed to provide a workplace and educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action. This policy is inclusive of instances that occur while the following: on any school campus; at school-sponsored events and activities, regardless of location; through school-owned technology; and through other electronic means.
The Title IX Coordinator has the primary responsibility for coordinating the school’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of LPS, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.
Sexual misconduct against students, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX coordinator oversees LPS’ response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so that LPS can address issues that affect the wider school community.
A student or employee should contact the Title IX Coordinator in order to:
Title IX Coordinator – Contact Information:
Chris Harrell, Director of Student Services & Title IX Officer
charrell@leadps.org
510-932-0139
99 Linden Street; Oakland, CA 94607
In the event that the incident, policy, or procedure about which the student seeks to file a report or complaint creates the appearance of a conflict of interest with one of the members of the Title IX compliance team, students may contact any other member of the team.
Any person may report sex discrimination, including 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) and request an investigation, in person, by mail, or by e-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 written report. Such a report may be made at any time, including during non-business hours, by using the contact information listed for the LPS Title IX Coordinator.
Under new provisions of the law (Final Rule), a formal complaint must be signed by the complainant or by a parent/ guardian on behalf of the complainant. While parents and guardians do not become complainants (or respondents), the Final Rule expressly recognizes the legal rights of parents and guardians to act on behalf of parties (including by filing formal complaints) in Title IX matters. A complainant’s wishes with respect to whether the school investigates will be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances. In circumstances where the Title IX Coordinator signs a formal complaint Where the Title IX Coordinator signs a formal complaint, they are not a complainant or a party during a grievance process, and must comply with requirements for Title IX personnel to be free from conflicts and bias.
It should be noted that the Final Rule provides rape shield protections for complainants (as to all recipients), deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.
[Read the full Title IX Policy]
STATUTE OF LIMITATIONS – TIMELINES
Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. All complaints shall be appropriately investigated in a timely manner.
Within 10 business days after the Title IX Coordinator receives the complaint, the Title IX Coordinator shall begin an investigation into the complaint; at which time, the Title IX Coordinator will send written notice of the allegations to both parties upon receiving a formal complaint and notice of any investigative interviews, meetings, or hearings. Written notice will include the grievance process, sufficient details of the allegation(s), the right to an advisor and results of false statement or false information. Prior to the completion of the investigation report, all evidence related to the allegations raised in a formal complaint must be sent to both parties. During this time, both parties will have ten (10) days to provide written responses which the investigator must consider. Once the investigative report has been sent to both parties and before reaching a determination regarding responsibility, the decision-maker will:
LPS shall issue a written decision based on the evidence within sixty (60) calendar days from receipt of the written complaint by the Title IX Coordinator, unless an extension is appropriate pursuant to LPS policy. Determination must be made using the clear and convincing evidentiary standard. Which means “that proof which results in reasonable certainty of the truth.”
Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the designated LPS administrator within 15 calendar days from the date when the school’s decision was sent.
FORMAL COMPLAINT – DISMISSAL
Through the Title IX process, LPS holds the right to dismiss a formal complaint or allegations therein by discretion. Other reasons for dismissal of a formal complaint or allegations therein are:
In the event that a formal complaint is dismissed, written notice will be sent to the complainant, with appeal rights attached. LPS is required to dismiss any formal complaints when the alleged conduct:
It should be noted that LPS may still address the allegations in any manner the school deems appropriate under the school’s own non-discrimination, harassment, intimidation and bullying policies.
RETALIATION PROHIBITED
The Final Rule expressly prohibits retaliation:
How to File a Complaint with the U.S. Department of Education, Office for Civil Rights
A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the U.S. Department of Education’s Office of Civil Rights for good cause shown under certain circumstances.
U.S. Department of Education, Office for Civil Rights
San Francisco Office Contact Information
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Phone: (415) 486-5555; TDD/TTY: (800) 877-8339
FAX: (415) 486-5570
Email: ocr.sanfrancisco@ed.gov
U.S. Department of Education Contact Information
Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100
Phone: (800) 421-3481
Email: ocr@ed.gov
All LPS personnel involved in the Title IX process will undergo the necessary and required training through the school’s annual training process and outsourced training prior to the first day of school. In addition to the Title IX team, all LPS employees must complete mandatory training around sexual harassment in accordance to California Law.
TRAINING TRANSCRIPTS
Leadership Public Schools
99 Linden Street
Oakland, CA 94607
510 830 3780
info@leadps.org
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