CSD File: GBAA

CANDIA SCHOOL DISTRICT
TITLE IX SEXUAL HARASSMENT AND SEXUAL VIOLENCE-EMPLOYEES

SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE

I. PURPOSE

The purpose of this Policy is to maintain a working environment that is free from sexual discrimination, harassment and violence, or other improper or inappropriate behavior that may constitute harassment as defined below. The District does not discriminate on the basis of sex and prohibits sex discrimination in employment and in all education programs or activities that it operates as required by Title IX.

Sexual discrimination, harassment, and violence are against the law and school board policy. Any form of sexual discrimination, harassment or violence is strictly prohibited.

It is a violation of this Policy for any employee to harass a student, employee or person within the District through conduct or communication of a sexual nature as defined by this Policy. It is a violation of this Policy for any employee to be sexually violent toward another employee, or person within the District.

The District will investigate all complaints of sexual harassment, discrimination, or sexual violence in accordance with the grievance procedures in this Policy, and will discipline any employee who sexually discriminates, harasses or is sexually violent toward another person within the District.  For all complaints the District will offer supportive measures to both complainants and respondents.

The grievance procedures provide for the prompt and fair and objective resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

II. TITLE IX COORDINATOR

The District’s Title IX Coordinator is: Kimberly Sarfde, the Assistant Superintendent, 90 Farmer Rd., Hooksett, NH 03106, ksarfde@comcast.net (603) 622-3731 x 4012.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX, including offering and coordinating the effective implementation of supportive measures; treating the complainant and respondent objective and fairly; notifying the complainant or, if the complainant is unknown, the individual who reported the conduct of the grievance procedures; notifying the respondent of all the grievance procedures; initiating the grievance procedures; and implementing remedies.

The Title IX Coordinator’s responsibilities include establishing a process to notify applicants for employment and admission, employees, and all unions of the Title IX Coordinator’s name, title, office address, e-mail address and telephone number.

The District shall post the Title IX Coordinator’s title, name, office address, e-mail address and telephone number in conspicuous places throughout school buildings, on the District’s website, and in each handbook.

III. SEXUAL DISCRIMINATION, HARASSMENT/SEXUAL VIOLENCE DEFINED

A. Sex discrimination is discrimination based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

a. The degree to which the conduct affected the complainant’s ability to access the District’s education program or activity;
b. The type, frequency, and duration of the conduct;
c. The parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
d. The location of the conduct and the context in which the conduct occurred; and
e. Other sex-based harassment in the District’s education program or activity; or

3. Specific offenses

a. Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

b. Dating violence meaning violence committed by a person:
(A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the persons involved in the relationship;

c. Domestic violence meaning felony or misdemeanor crimes committed by a person who:
(A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim;
(B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(C) Shares a child in common with the victim; or
(D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

d. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.

B. Sexual Harassment/Discrimination State Law
Some forms of sex discrimination/harassment do not meet the definition in Title IX but are prohibited under State law.

State law defines sex discrimination/harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature constitutes sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational benefits;
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or educational benefits affecting such individual; or
(c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or a student’s academic performance or creating an intimidating, hostile, or offensive working environment.

Conduct violating State law but not Title IX will be investigated under other Policies such as Policy AC.

C. Examples of Sexual Discrimination/Harassment
Sexual harassment may include, but is not limited to:
1. Verbal harassment and/or abuse of a sexual nature;
2. Subtle pressure for sexual activity;
3. Inappropriate patting, pinching or other touching;
4. Intentional brushing against a person’s body;
5. Demanding sexual favors accompanied by implied or overt threats;
6. Demanding sexual favors accompanied by implied or overt promises of preferential treatment;
7. Any sexually motivated unwelcome touching; or
8. Sexual violence that is a physical act of aggression that includes a sexual act or sexual purpose.

Throughout this Policy reference to sexual harassment includes sexual discrimination and violence.

IV. REPORTING PROCEDURES

This Policy shall apply to all students, employees, volunteers, and third parties including those who contract with the District to provide services to the District’s students or employees, upon District property or during any school program or activity. All District employees except confidential employees who receive information or become aware of conduct that may reasonably be sex discrimination must immediately notify the Title IX Coordinator. If the report is about conduct by the Title IX Coordinator, the report shall be made to the Superintendent. The reporting requirements do not apply to an employee who has been personally subjected to conduct that reasonably may constitute sex discrimination under Title IX.

A “confidential employee” is a District employee whose communications are privileged or confidential under State or Federal law, and who receives information that reasonably may be sex discrimination while functioning within the scope of the employee’s privileged or confidential duties. However, a confidential employee must specifically advise the individual reporting sex discrimination:

a. The employee’s status as a confidential employee under Title IX, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination;

b. How to contact the District’s Title IX Coordinator and how to make a complaint of sex discrimination; and

c. The Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate an investigation under the Grievance Procedures.

An employee required to report conduct that may reasonably be sex discrimination who fails to report the conduct will be subject to discipline up to and including suspension or termination.

V. COMPLAINTS

The following individuals have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

1. A “complainant,” which includes:
a. a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX;
b. a person other than a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the District’s education program or activity;

2. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

3. The District’s Title IX Coordinator.

If the complainant or respondent is a student with a disability, the Title IX Coordinator shall consult with one or more members of the student’s IEP or Section 504 team to determine how to comply with the IDEA and Section 504 throughout the grievance procedures.

A person is entitled to make a complaint of sex-based harassment only if the individual is alleged to have been subjected to the sex-based harassment, if the individual has a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements in Section VI.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the individuals listed above, the following individuals have a right to make a complaint:
1. Any student or employee the District; or
2. Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.

The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances, and the consolidation does not violate FERPA. Consolidation does not violate FERPA when the District obtains prior written consent from the parents to disclose their child’s education records.

VI. TITLE IX COORDINATOR INITIATING A COMPLAINT

1. In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence of an informal resolution process, the Title IX Coordinator may determine whether to initiate a complaint of sex discrimination by making a factspecific determination considering at a minimum the following factors:

a. The complainant’s request not to proceed with initiation of a complaint;
b. The complainant’s reasonable safety concerns regarding initiation of a complaint;
c. The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
d. The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from school or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
e. The age and relationship of the parties, including whether the respondent is an employee of the District;
f. The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
g. The availability of evidence to assist a decision maker in determining whether sex discrimination occurred; and
h. Whether the District could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.

2. If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents the District from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint.

3. If the Title IX Coordinator determines to initiate a complaint, the Title IX Coordinator shall notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.

4. Regardless of whether a complaint is initiated, the Title IX Coordinator shall take other appropriate prompt and effective steps, in addition to steps necessary to effectuate the remedies provided to an individual complainant, if any, to ensure that sex discrimination does not continue or recur within the District’s education program or activity.

VII. SUPPORTIVE MEASURES

Supportive measures are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1. Restore or preserve that party’s access to the District’s education program or activity, including measures that are designed to protect the safety of the parties or the District’s educational environment; or
2. Provide support during the District’s grievance procedures.

Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, shadowing, mutual restrictions on contact
between parties, changes in work or school locations, leaves of absence, increased security and monitoring of certain areas of the school, and other similar measures.

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

VIII. GRIEVANCE PROCEDURES

A. Notice of Allegations

The Title IX Coordinator upon receipt of a complaint shall provide written notice to the complainant and respondent of the following:

1. The District’s Title IX grievance procedures;
2. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
3. Retaliation is prohibited; and
4. The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. If the District provides a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

B. Grievance Procedure Requirements

The District requires that any Title IX Coordinator, investigator, or decisionmaker must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The District will use a single-investigator model in which the investigator and decisionmaker will be the same person. The investigator may be the Title IX Coordinator or a District employee or independent third party investigator.

The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

The District has established the following timeframes for the major stages of the grievance procedures:
1. Evaluating whether to investigate or dismiss complaint – three (3) school days
2. Investigation – ten (10) school days
3. Determination – five (5) school days after investigation is completed
4. Appeal of dismissal – five (5) school days after dismissal
5. Hearing on dismissal appeal – ten (10) school days

The Superintendent may grant a reasonable extension of the timeframes on a case-by-case basis at the request of either party, the Title IX Coordinator, or investigator, for good cause with notice to the parties that includes the reason for the delay. Good cause may include the availability of parties or witnesses, holidays or vacations, concurrent law enforcement or other agency activity, or the need to accommodate disabilities.

The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present
evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in any retaliation, including retaliation against witnesses.

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible— including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

“Relevant Evidence” is evidence related to the allegations of sex discrimination under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

1. Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
2. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
3. Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment.  The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

IX. INVESTIGATION

The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the complaint), upon receipt of a complaint alleging sexual harassment shall immediately evaluate the
complaint and determine whether an investigation is required. This investigation may be conducted by District officials or by a third party designated by the District.

The District will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on the District—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following
manner:

1. The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence, the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;

2. The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and

3. The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Questioning the Parties and Witnesses

The District will provide a process that enables the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination.

In the single-investigator model, credibility will be determined during the investigation process.

In determining whether alleged conduct constitutes sexual harassment, the District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the
parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based
on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or
circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

If during the investigation, the District decides to investigate allegations not in the complaint, the Title IX Coordinator shall provide written notice to the parties of the additional allegations.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal opportunity to respond to the evidence or accurate description of any evidence.

The investigator’s report shall include a summary of the relevant evidence.

X. DETERMINING WHETHER SEX DISCRIMINATION OCCURRED

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will:

1. Use the preponderance of the evidence standard to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by a preponderance the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred. The decisionmaker’s conclusion and rationale will be included in the report.

2. Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;

3. Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

4. If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
a. Coordinate the provision and implementation of remedies to a complainant and other individuals the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination, such as reviewing the complainant’s grades, records, evaluations, etc. to correct any injustice that may have occurred as a result of the harassment;
b. Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
c. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity such as supervising the respondent closely, checking in with the complainant, separating the complainant and respondent with the respondent being the one transferred.

5. Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

6. Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred. The District may, however, address false statements by initiating a disciplinary process under its code of conduct as long as there is evidence independent of the determination whether sex discrimination occurred.

XI. DISMISSAL OF A COMPLAINT

The District may dismiss a complaint of sex discrimination if:
1. The District is unable to identify the respondent after taking reasonable steps to do so;
2. The respondent is not participating in the District’s education program or activity and is not employed by the District;
3. The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
4. The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District
will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint within five (5) school days after the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed.

Dismissals may be appealed on the following bases:
1. Procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Appeals of dismissal of the complaint will be heard by the Superintendent within ten (10) school days after receipt of the appeal.

If the dismissal is appealed, the District will:
1. Notify the parties of any appeal, including notifying them of the allegations, if notice was not previously provided to the respondent;
2. Implement appeal procedures equally for the parties;
3. Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
4. Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
5. Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
6. Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, the District will, at a minimum:
1. Offer supportive measures to the complainant as appropriate;
2. If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
3. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’s education program or activity.

XII. APPEAL OF DETERMINATION OF SEX DISCRIMINATION

The District will provide the parties an appeal process that at a minimum is the same as it offers in all other comparable proceedings, if any, including proceedings relating to other discrimination
complaints.

XIII. REPRISAL/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 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 hearing under Title IX.

Charging an individual with a code of conduct, policy or rule violation for making a materially false statement in bad faith in a Title IX grievance proceeding is not retaliation provided, however, that a determination regarding responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination.

XIV. ALLEGED CONDUCT NOT PROHIBITED UNDER TITLE IX

Allegations of conduct that are not prohibited by Title IX may be investigated under the District’s other policies and rules of conduct.

XV. CONFIDENTIALITY

The District will keep confidential any personally identifiable information, including the identity of any individual who has made a report or complaint of sexual harassment, any complaint, any
individual who has been reported to be the perpetrator of sex discrimination or harassment, any respondent, and any witness, except as may be permitted by FERPA with written consent, or as
required by law, or to carry out Title IX, including the conduct of any investigation, hearing or judicial proceeding arising thereunder.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL ABUSE

Consistent with the District’s policies, the Safe Schools Act, and State of New Hampshire laws, upon receipt of any complaint that contains evidence of violence or criminal activity, the Principal, the Superintendent of Schools, or School Board shall refer the complaint to law enforcement officials and appropriate child protection authorities for investigation. If the alleged perpetrator is a person holding a license or credential from the New Hampshire Department of Education (NH DOE), the Superintendent shall report the matter to the NH DOE.

XVII. DISCIPLINE

The District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and
prevent its recurrence.

XVIII. ALTERNATIVE COMPLAINT PROCEDURES, LEGAL REMEDIES, AND INQUIRIES ABOUT TITLE IX

At any times, whether or not an individual files a complaint or report under this Policy, an individual may file a complaint with the following agencies:

1. Office for Civil Rights, U.S. Department of Education, 5 Post Office3 Square, 8th Floor, Boston, MA 02019-3921; Telephone number (617) 289-0111; Fax number (617) 289-0150;
E-mail OCR.Boston@ed.gov.

2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH 03301; Telephone number (603) 271-2767; E-mail humanrights@nh.gov.

3. U.S. Equal Employment Opportunity Commission, JFK Building, 15 New Sudbury St., Room 475, Boston MA 02203, phone (800) 669-4000, e-mail info@eeoc.gov.

Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law.

Inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant Secretary of the United States Department of Education, or both.

XIX. RECORD KEEPING

The District must maintain all records relating to a sexual harassment complaint, investigation, and training for seven (7) years.

Legal Reference:
Title IX
NH Code of Administrative Rules, Section Ed. 303.01(j), Substantive Duties of
School Boards; Sexual Harassment Policy
NH Code of Administrative Rules, Section 306.04(a)(9), Sexual Harassment
Adopted: June 11, 1985
Adopted: June 1, 2000
Revised: June 7, 2007
Reviewed: June 6, 2019
Revised: June 3, 2021, November 2, 2023, March 7, 2024, November 7, 2024

CSD File: GBEB
CANDIA SCHOOL DISTRICT
STAFF CONDUCT

A. General Provisions.
All employees have the responsibility to make themselves familiar with, and abide by, the laws of the State of New Hampshire as they affect their work, all policies and decisions of the Board, and the administrative regulations and directives designed to implement them.

All employees shall be expected to carry out their assigned duties, support and enforce Board policies and administrative regulations, submit required reports, protect District property, oversight of students and contribute to the education and development of the District’s students.

Employees are advised that failure to abide by this and other school board policies can lead to disciplinary action, up to and including dismissal, and can result in non-renewal. Any action taken regarding an employee’s employment with the District will be consistent with all rules, laws, and collective bargaining agreements, if applicable.

B. Adoption and Incorporation of Standards of Code of Conduct for New Hampshire Educators.
The Board incorporates by reference, and adopts as independent standards of conduct relative to employment in the District, the provisions of the New Hampshire Code of Conduct for New Hampshire Educators (Ed 510.01-510.05) (the “NH Code of Conduct”), as the same may be amended by the State from time to time. The District reserves the right to take employment action against any employee based upon the District’s interpretation of the provisions of the NH Code of Conduct and the District’s independent assessment of whether an employee has violated said provisions. The District’s interpretation, assessment and/or action thereon, are independent of any interpretation by the New Hampshire Department of Education (“DOE”) with respect to those standards, and irrespective of any investigation by or action taken by the DOE relative to a District employee’s conduct.

C. Dissemination.
The content or a copy of this policy should be included in every employee/staff member handbook, and/or otherwise provided annually to each employee, designated volunteer, and contracted party.

Adopted: November 7, 2019

CSD File: GBEAB
CANDIA SCHOOL DISTRICT
MANDATORY CODE OF CONDUCT REPORTING – ALL EMPLOYEES

A. General.

The Code of Conduct for New Hampshire Educators, sections 510.01- 510.05 of the N.H. Dept. of Education Administrative Rules (the “NH Code of Conduct”) imposes various reporting requirements upon each “Credential Holder” as that term is defined by N.H. Dept. of Ed. Administrative Rule 501.02 (h). The reporting requirements include, among others:

1. reporting any “suspected violation of the code of conduct” (see NH Code of Conduct at Ed 510.05
(a)); and

2. self-reporting within five (5) days any arrest for violations of crimes enumerated in RSA 189:13-a, V
(“Section V Offenses”) (see NH Code of Conduct, at Ed 510.01 (b)(2)).

By way of District Policy GBEB, the Board has adopted the provisions of the NH Code of Conduct as
employment rules and standards applicable to all employees and consultant/independent contractor,
irrespective of whether or not such persons are Credential Holders. Consequently, each District employee, designated volunteer, or contracted service provider (collectively referred to in this policy as a “Covered Individual”), is required to report certain acts, incidents and misconduct as provided in this policy.

Reports under this Policy are in addition to other reports as may be mandated by law or other policies (e.g., abuse or neglect of children, required by RSA 169-C:29 and Policy KFA; acts of “theft, destruction, or violence” as defined under RSA 193-D:4, I (a), incidents of “bullying” per Board Policy JICK, and hazing under RSA 671:7).

B. Reports by Covered Individuals of Suspected Misconduct or Violations.

1. Any Covered Individual having reason to suspect that any other district or SAU employee,
designated volunteer, or third party consultant/contractor has violated any provision of the NH Code
of Conduct, and or District Policy GBEB, whether on or off duty, shall report the same to such
Covered Individual’s building principal, or to the Superintendent.

If the person who is the subject of the alleged misconduct/violation is the Superintendent, then the
Covered Individual shall report the suspected violation to the Superintendent of Schools, Business
Administrator, or Human Resources Director, who is hereby granted authority to consult with the
District’s attorney on the matter.

Additionally, if the Covered Individual is also a Credential Holder, he/she shall report the
Superintendent’s suspected violation/misconduct directly to the N.H. Department of Education.
Likewise, if a Credential Holder has made a report to the Principal and/or the Superintendent, and
believes that the District’s reporting procedures as expressed in this Policy have not been followed,
the Credential Holder shall so notify the New Hampshire Department of Education directly.

2. Any initial report made relative to A.1 or A.2 above, may be made orally in the first instance, but
must be supplemented with a written report as soon as practicable after the initial report, but in no
event longer than two business days. Upon request of the Covered Individual, the recipient of the
report shall provide a copy of said report to the Covered Individual with a signed “received”
annotation, such that the Covered Individual may document his/her State mandated obligation to
report.

C. Self-Reporting of Certain Crimes.

Self-reports of the Section V Offenses as described in A.2 above, shall be made in the same manner as
reports under B, above. Because the list of Section V Offences is subject to change by the N.H. Legislature, employees, etc. who are arrested for any reason should promptly review the then statute, which may be found online at:

http://www.gencourt.state.nh.us/rsa/html/XV/189/189-13-a.htm

D. Provisions Applicable to Principals.

Upon receiving a report of suspected violation of GBEB, or the NH Code of Conduct, or otherwise has
knowledge of a violation, the Principal or any other administrator shall immediately report the same to the Superintendent. If the Superintendent is the subject of report, then the Principal’s report shall be made in the same manner as described in B.2, above.

E. Superintendent’s Report to the Department Regarding Credential Holders.

The Superintendent shall report misconduct by Credential Holders to the N.H. Department of Education in accordance with section 510.05 (c) of the NH Code of Conduct.

F. Procedures.

The Superintendent may establish such administrative procedures, forms, etc. as he/she may deem
necessary or appropriate to implement this policy.

G. Dissemination.

The content or a copy of this policy should be included in every employee/staff member handbook, and/or otherwise provided annually to each employee, designated volunteer, and contracted consultant.

Legal References:
N.H. Dept. of Education Administrative Rule – Ed 510.01- 510.05, Code of Conduct for NH Educators

Adopted: November 7, 2019
Revised: November 2, 2023

CSD File: GADA
See also GBCD, GBJ, GCF, GDB
CANDIA SCHOOL DISTRICT
EMPLOYMENT REFERENCES AND VERIFICATION (PROHIBITING AIDING AND ABETTING OF SEXUAL ABUSE)

The District shall act in good faith when providing employment references and verification of employment for current and former employees.

The School District, and its employees, contractors, and agents, are prohibited from providing a recommendation of employment, and/or from otherwise assisting any school employee, contractor, or agent in obtaining a new position or other employment if he/she or the District has knowledge of, or probable cause to believe that the other employee, contractor, or agent (“alleged perpetrator”) engaged in illegal sexual misconduct with a minor or student. This prohibition does not include the routine transmission of administrative and personnel files.

In addition, this prohibition does not apply if:

1. The information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction;
2. The information giving rise to probable cause has been reported to any other authorities as required by local, state or federal law (for instance New Hampshire Division of Children, Youth and Families “DCYF”), and
3. At least one of the following conditions applies:
a. The matter has been officially closed;
b. The District officials have been notified by the prosecutor or police after an investigation that there is insufficient information for them to proceed;
c. The school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated; or
d. The case or investigation remains open and there have been no charges filed against or indictment of the school employee, contractor, or agent within four years of the date on which the information was reported to a law enforcement agency.

Legal References: 20 U.S.C. 7926(a) (§8546(a) of the Elementary and Secondary Education Act/Every Student Succeeds Act

Adopted: January 31, 2019

CSD File: GBD
CANDIA SCHOOL DISTRICT
BOARD-EMPLOYEE COMMUNICATIONS

The Board desires to maintain open channels of communication between itself and the employee.
The basic line of communication will, however, be through the Superintendent of Schools.

Staff Communications to the Board
All official communications or reports to the Board or any Board committee from Principals,
supervisors, teachers, or other employee members shall be submitted through the
Superintendent. Staff members are also reminded that Board meetings are public meetings. As
such, they provide an excellent opportunity to observe at first hand the Board’s deliberations on
problems of employee concern.

Board Communications to Staff
All official communications, policies, and directives of employee interest and concern will be
communicated to employee members through the Superintendent, and the Superintendent will
employ all such media as are appropriate to keep employees fully informed of the Board’s
problems, concerns, and actions.

Visits to School
Individual board members interested in visiting the school will make arrangements for such
through the Principal. Such visits shall be regarded as informal expressions of interest in school
affairs and not as “inspections” or visits for supervisory or administrative purposes. Official visits
by board members will be carried on only under Board authorization and with the full knowledge
of the Superintendent and Principal.

Social Interaction
Staff and board members share a keen interest in the school and in education generally, and it is
to be expected that when they meet at social affairs and other functions, they will informally
discuss such matters as educational trends, issues, and innovations and general School District
problems. However, employee members are reminded that individual board members have no
special authority except when they are convened at a legal meeting of the Board or vested with
special authority by Board action. Therefore, discussions of personalities or personnel grievances
by either party will be considered unethical conduct.

Adopted: June 1, 2000
Reviewed: June 1, 2023

CSD File: GBEA
CANDIA SCHOOL DISTRICT
STAFF ETHICS

All employees of the District are expected to maintain high standards in their conduct both on and off duty. District employees are responsible for providing leadership in the school and community. This responsibility requires the employee to maintain standards of exemplary conduct. To these ends, the Board adopts the following statements of standards. District employees will adhere to the standards enunciated in this Policy in the decision-making process involving their interactions with students, the school community, colleagues, parents and the public.

A. Adoption and Incorporation of Standards of Code of Ethics for New Hampshire Educators.
The Board incorporates by reference and adopts as independent ethical standards relative to employment in the District, the provisions of the New Hampshire Code of Ethics for New Hampshire Educators (the “NH Code of Ethics”), as the same may be amended by the State from time to time.

B. Additional Ethical Standards.
In addition to the ethical standards set forth in the New Hampshire Code of Ethics, and without limiting the application thereof to District employment, employees will:

 Make the wellbeing of students the fundamental value of all decision-making and actions.
 Staff members shall maintain a reasonable standard of care for the supervision, control and protection of students commensurate with their assigned duties and responsibilities.
 Maintain just, courteous, and proper relationships with students, parents, staff members, and others.
 Fulfill their job responsibilities with honesty and integrity.
 Direct any criticism of other staff members toward improving the District. Such constructive criticism is to be made directly to the building administrator.
 Obey all local, state, and national laws.
 Obey and implement the School Board’s policies, administrative rules and regulations.
 Avoid using position for personal gain through political, social, religious, economic, or other influence.
 Maintain the standards and seek to improve the effectiveness of the profession through research and continuing professional development.
 Honor all contracts until fulfillment or release.
 Maintain all privacy and confidentiality standards as required by law.
 Exhibit professional conduct both on and off duty.
 Refrain from using personal, political, social or religious beliefs, values or attitudes to direct or influence curriculum, student behavior, student attitudes, or discussion amongst students or in any other way alter the perception of students.
 Refrain from showing favoritism towards any specific political, social or religious beliefs, values or attitudes that may be expressed by students.
 Commit to the prevention of harassment or intimidation of students by other students and/or staff for expressing political, social or religious beliefs, values or attitudes that may differ from those being expressed by others.
 Acknowledge the first amendment rights of students at all times.

C. Dissemination.
The content of this policy should be included in every employee/staff member handbook, and/or otherwise provided annually to each employee, designated volunteer, and contracted party.

Adopted: June 1, 2000
Revised: November 7, 2019

CSD File: GBE
CANDIA SCHOOL DISTRICT
EMPLOYEE RIGHTS AND RESPONSIBILITIES

Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities, which shall be required of all personnel:
1. Concern and attention toward their own and the Board’s legal responsibility to provide a quality education and to provide for the safety and welfare of students, including the need to ensure that students are under supervision at all times.
2. Faithfulness and promptness in attendance at work.
3. Support and enforcement of policies of the Board and regulations of the school administration in regard to students.
4. Diligence in submitting required reports promptly at the times specified.
5. Care and protection of school property.

All school employees shall set examples that are an important part of the educational process. Their manner, dress, courtesy, and attitudes establish models that affect the development of young people. The Board expects its staff members to set exemplary standards, as well as provide exemplary instruction.

Adopted: June 1, 2000

CSD: GBCD
CANDIA SCHOOL DISTRICT
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK

The Superintendent, or his/her designee, will conduct a thorough investigation into the past employment
history, criminal history records, and other appropriate background of any applicant as defined in this
policy. This investigation shall be completed prior to making a final offer of employment, approving the
contract with an individual contracting directly with the District, or approving the assignment of an
employee of a contractor, a student teacher, or designated volunteer to work within the District.

The Superintendent shall develop a background investigation protocol for use in completing a background
investigation and shall keep a written record of all background investigations which have been done. For
the purposes of this policy the term “applicant” shall include an applicant for employment by the District,
an individual with whom the District may contract to provide services directly to students, any person
identified by a contractor with the District whom the contractor proposes to assign to provide services
directly to students, student teachers who are proposed to be placed in a District school, and designated
volunteers. All applicants will be subject to a criminal records history check meeting the minimum
requirements of law, however, the Superintendent’s protocol may specify additional background check
steps for specific groups of employees, such as verifying the educational achievements and employment
history of an applicant for a teaching position. The Superintendent’s protocol shall include a list of
felonies and misdemeanors, in addition to those specified in RSA 189:13-a, V, convictions of which shall
be disqualifying. The protocol shall require that an analysis be conducted of any pending charges or
convictions for crimes not on the statutory list of disqualifying offenses to determine whether the
applicant should be disqualified. The protocol shall take into consideration the time which has passed
since the conviction, the facts and circumstances of the charge or conviction, evidence of successful
rehabilitation and an extended period of lawful behavior. For charges pending disposition for offenses
not on the statutory list of disqualifying offenses, which the applicant discloses or which come to light
during the background check, the Superintendent shall consider all reliable information in assessing the
applicant’s suitability. The Superintendent shall assess whether, in light of the totality of the
circumstances, the pending charges or convictions raise reasonable cause to doubt the applicant’s
suitability for the position.

As part of the application process, each applicant shall be asked whether he/she has ever been convicted
of any crime that has not been annulled and whether there are any criminal charges pending against
him/her at the time of application. The applicant will also be directed to report any criminal charges
brought against him/her after the application is submitted and until either hired or notified that he or she
will not be hired. The falsification or omission of any information on a job application, during the
pendency of the application, or in a job interview, including, but not limited to, information concerning
criminal convictions that have not been annulled or pending criminal charges, may be grounds for
disqualification from consideration for employment or immediate discharge from employment.

Any applicant for employment for whom the Board requires a criminal history records check or their
employer in the case of an employee of a contractor shall pay all fees and costs associated with the
fingerprinting process and/or the submission or processing of the requests for the criminal history records
check, unless otherwise determined by the Board. Fees or costs associated with a background check of a
volunteer should be borne by the district.

Criminal History Records Check

Each applicant must submit to a background check and a criminal history records check with the State of
New Hampshire, including FBI national records as required by RSA 189:13-a and RSA 189:13-b. Refusal
to provide the required criminal history records release form and any other required releases to authorize
a background check will result in immediate disqualification and no further consideration for the position.

Volunteers

Designated Volunteers are subject to a background investigation/criminal records check and the
provisions of this policy. “Designated Volunteers” are defined and so designated pursuant to Policy
IJOC. Volunteers not categorized as “Designated Volunteers” per Policy IJOC will not be subject to a
background investigation or criminal records check.

Bus Driver and Monitors

Bus drivers and bus monitors employed by contractors shall have their criminal history records checks
processed by the New Hampshire Department of Education (NHED) as required by RSA 189:13-a and
RSA 189:13-b. Although NHED will conduct the criminal history records checks, the Superintendent or
designee may require a background investigation.

Substitute Teachers in SAU

Substitute teachers working in other districts in SAU 15 who have undergone a criminal history records
check within the last three years under RSA 189:13-a shall not be required to undergo an additional
criminal history records check unless required by the Superintendent.

Conditional Offer of Employment

Persons who have been selected for employment may be given a conditional offer of employment, with
the final offer subject to the successful completion of the background check, the State and FBI criminal
history records check, and a determination that there are no disqualifying pending charges or convictions.

No applicant selected for employment shall be extended a conditional offer of employment until the
Superintendent, or his/her designee, has initiated the formal State and FBI criminal history records check
process and a background investigation.

Any person who is offered conditional employment, by way of individual contract or other type of letter of
employment, will have clearly stated in such contract or letter of employment that his/her employment or
approval to work within the District as a contractor or employee of a contractor is entirely conditioned
upon the results of a criminal history records check and background check being satisfactory to the
District.

Final Offer of Employment

A person who has been extended a conditional offer of employment or conditional approval to work
within the District as a contractor or employee of a contractor may be extended a final offer of
employment or final approval upon the completion of a criminal history records check and a background
check which is satisfactory to the Superintendent.

No person with a conditional offer of employment shall be extended a final offer of employment if such
person has charges pending or has been convicted of any crime listed in RSA 189:13-a, V; or where such
person has been convicted of the same conduct in another state, territory, or possession of the United
States; or where such person has been convicted of the same conduct in a foreign country.

In addition to the felonies listed as disqualifying in pertinent and applicable law, a person may be denied
a final offer of employment if he/she has charges pending or has been convicted of any crime, either a
misdemeanor or felony, provided the basis for disqualifying the candidate is job related for the position in
question and is consistent with business necessity. Such determination will be made by the
Superintendent in accordance with the established protocol and on a case-by-case basis. If the
Superintendent chooses to nominate an applicant who has a history of conviction of a crime or with
pending charges for a position that must be approved by the School Board, the School Board shall be
informed that a criminal history exists, or that charges are pending. Pursuant to regulations of the United
Stated Dept. of Justice, and RSA 189:13-a, the Superintendent may NOT share with the Board
information directly gleaned from the criminal history records check regarding specific criminal charges,
arrests or convictions, etc.

The Superintendent, or designee, will transmit each applicant’s Criminal Record Release Authorization
Form and, where inked cards are used, the applicant’s fingerprint cards to the State Police. The State
Police will then conduct the criminal history records check and will provide the Superintendent with the
applicant’s criminal history record or confirmation that the individual does not have a record of being
charged with or convicted of a crime. In accordance with RSA 189:13-a, III, the Superintendent or
designee (Assistant Superintendent, Human Resources Director, or Business Administrator) shall review
the criminal history record form the State Police and shall destroy the document as required by RSA
189:13-a, lll-a.

When the District receives a notification of an employee, contractor, contractor’s employee, or volunteer
being charged with or convicted of a disqualifying offense under RSA 189:13-a, the Superintendent’s
protocol, or other crime which is evidence of the individual’s unsuitability to continue in their role, the
Superintendent shall take immediate appropriate action to remove the individual from contact with
students. The Superintendent will then take appropriate employment or other action, consistent with law
and any applicable employment agreement or contract to address the individual’s ongoing relationship
with the District. If the applicant’s criminal history indicates that the applicant has been charged pending
disposition for or has been convicted of a crime listed in RSA 189:13-a, V, the Superintendent shall notify
the New Hampshire Department of Education.

Additionally, a person may be denied a final offer of employment if the Superintendent becomes aware of
other conduct which he/she determines would render the person unsuitable to perform the
responsibilities of the position involved. Such determinations shall be made on a case-by-case basis.

Additional Criminal Records Checks

The Board may require a criminal history records check of any employee, an individual with whom the
District has contracted to provide services directly to students, any person identified by a contractor with
the District who has been assigned to provide services directly to students, student teachers who are
placed in a District school, and designated volunteers at any time.

Child Sexual Abuse Prevention Education and Training

Any person required to have a criminal background check under this policy shall be provided
informational materials, training, or other education, either online or in person, concerning child abuse, or
reporting mandates. The training must be completed within thirty days of employment or commencement
of services to the district and renewed every two years.

Legal Reference:
RSA 189:13-a, School Employee and Volunteer Background Investigations
RSA 189:13-b, School Bus Driver and Transportation Monitor Criminal History Records Check

Adopted: June 1, 2000
Revised: May 5, 2011, January 5, 2017, December 6, 2017, February 9, 2023, January 4, 2024

CSD File: GBB
CANDIA SCHOOL DISTRICT
EMPLOYEE INVOLVEMENT IN DECISION-MAKING

The Superintendent shall establish channels for open communications with employees for ideas
which enhance the quality of education in the school.

The Superintendent may involve professional and support staff employees for communication of
ideas regarding the quality of school. He/she will consider suggestions given by employees when
appropriate, and may inform the Board of all such discussions in presenting reports of
administrative action and in presenting recommendations for Board action.

Adopted: June 1, 2000
Reviewed: June 1, 2023

CSD File: GBA
CANDIA SCHOOL DISTRICT
EQUAL OPPORTUNITY EMPLOYMENT

The district will recruit and consider candidates without regard to age, race, color, religion, country of origin, marital status, and gender.

The district will employ individuals who meet the physical and mental requirements and who have the education, training, and experience established as necessary for the performance of the job without regard to age, race, religion, country of origin, gender (except where gender is a bonafide occupational requirement), sexual preference, and disabling conditions, except for reasons related to ability to perform the requirements of the job.

Adopted: June 1, 2000