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TITLE IX DISCRIMINATION PREVENTION

CHECKLIST FOR K-12 SCHOOL DISTRICTS

ADOPT AND DISSEMINATE A TITLE IX POLICY/GRIEVANCE PROCEDURE
Districts must adopt a grievance procedures that provides for a prompt and equitable resolution of employee
and student Title IX complaints. The grievance process must:
> Include the definition of sexual harassment under Title IX.
> Treat complainants and respondents equitably.
> Require an objective evaluation of all relevant evidence.
> Require that the Title IX team members assigned to the matter not have a conflict of interest or bias for or
against complainants or respondents generally or an individual complainant or respondent.
> Include 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.
> Include reasonably prompt time frames for conclusion of the grievance process.
> Describe the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions
and remedies that the District may implement following any determination of responsibility.
> State whether the standard of evidence to be used to determine responsibility is the preponderance of the
evidence standard or the clear and convincing evidence standard.
> Include the procedures and permissible bases for the complainant and respondent to appeal.
> Describe the range of supportive measures available to complainants and respondents.

PUBLISH REQUIRED TITLE IX NOTICES REQUIRED BY FEDERAL AND STATE LAWS
The District must publish Title IX notices on the District and each school site’s website, in a “prominent
and conspicuous” location, and in all handbooks or catalogs given to students, employees, job applicants,
parents/guardians. The notices must include the following information:
> The name or title, office address, electronic mail address, and telephone number of the employee or
employees designated as the Title IX Coordinator, who must be referred to as the “Title IX Coordinator.”
> A statement that the District does not discriminate on the basis of sex in the education program or activity
that it operates, and that it is required by Title IX and specifically Section 106.8(b) not to discriminate in such
a manner.”
> A statement that the requirement not to discriminate in the education program or activity extends to
admission and employment, and that inquiries about the application of Title IX and Section 106(b) may be
referred to the Title IX Coordinator, to the Assistant Secretary of Education, or both.
> The District’s policy/grievance procedures, including:
> how to report or file a complaint of sex discrimination,
> how to report or file a complaint of sexual harassment,
> how the District will respond to a complaint of sex discrimination or sexual harassment, including the
investigation/grievance procedures,
> the statute of limitations, and
> where investigation forms from the U.S. Department of Education may be located.

Title IX Discrimination Prevention Checklist for K-12 School Districts LozanoSmith.com 6