Policies » Section J: Students » JBAA: Sexual Harassment And Sexual Violence-Students

Policy Date: 11/07/2024

CSD File: JBAA
CANDIA SCHOOL DISTRICT
TITLE IX SEXUAL HARASSMENT AND SEXUAL VIOLENCE-STUDENTS
SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE

I. PURPOSE
The purpose of this Policy is to maintain a learning 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 student to harass another 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 student to be sexually violent toward another student, 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 student 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@sau15.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, students, parents or legal guardians, 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, non-verbal 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. Students who are interviewed may
have a parent present during the interview.

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 part.

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.

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

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

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. AGE-APPROPRIATE SEXUAL HARASSMENT POLICY
Ed 303.01(j) requires the school board to establish a policy on sexual harassment, written in age
appropriate language and published and available in written form to all students. This Policy is
intended to apply to middle-school and high-school aged students.

The Superintendent and Building Principal(s) are charged with establishing policies, rules, protocols
and other necessary age-appropriate information or materials for the District’s elementary schools.

XX. 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)(8), Student Harassment
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, November 7, 2024