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Title IX Discrimination Grievance Procedures
OVERVIEW
The Framingham Public Schools (“District”) is committed to maintaining school environments free of discrimination based on sex.
Sex discrimination, which includes sex-based harassment, in any form or for any reason is prohibited. This includes sex discrimination by administrators, personnel, students, vendors, and other individuals in school or at school related events. Except as provided for in Title IX, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the District.
The District does not discriminate on the basis of sex in its educational programs or activities, as required by Title IX of the Education Amendments of 1972, including in admissions and employment. Retaliation against any individual who has brought sex discrimination, which includes sex-based harassment, to the attention of school officials, or against an individual who has participated, or refused to participate, in the investigation thereof, is unlawful and will not be tolerated by the District.
The District has adopted grievance procedures that provide for the prompt and equitable 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(s), alleging any action that would be prohibited by Title IX or the Title IX regulations.
SCOPE
The Title IX Grievance Procedure has been developed in accordance with the revised Title IX regulations, 34 CFR Part 106, effective August 1, 2024, which mandate specific procedures for responding to and investigating all allegations of sex discrimination under Title IX, including sex-based harassment. Sex-based harassment means sexual harassment and other harassment based on sex, including on the basis of sex stereotypes, sex characteristics, pregnancy, or related conditions, sexual orientation, and gender identity.
The Title IX Grievance Procedure applies to conduct that occurs within the United States in an education program or activity of the District, regardless of whether such District program or activity is conducted on or off school grounds. In addition, the District has an obligation to address a sex-based hostile environment in a District education program or activity, even when some conduct contributing to the hostile environment occurred outside of a District educational program or activity.
Allegations of conduct that meet the definition of sex discrimination, including reports of sex-based harassment, will be addressed through the Title IX Grievance Procedure. Allegations of conduct that meet the definition of sex discrimination or sex-based harassment under Title VII of the Civil Rights Act of 1964 (employees), M.G.L. c. 151B (employees), and/or M.G.L. c. 151C (students), will also be addressed through the Title IX Grievance Procedure.
All staff who are not confidential employees are required to notify the Title IX Coordinator when the staff member has information about conduct that reasonably may constitute sex discrimination under Title IX or its regulations.
CONFIDENTIALITY
The District will keep the identity of Complainants, Respondents, and witnesses confidential, except as permitted by the Family Educational Rights and Privacy Act (FERPA), as otherwise required by law, and/or as necessary to carry out this Procedure. The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance proceedings, provided that the steps do not restrict the ability of the parties to: obtain and present evidence, including by speaking to witnesses, subject to the prohibitions against retaliation; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The District will not disclose personally identifiable information obtained in the course of complying with this Procedure, except in the following circumstances: (1) when the District has obtained prior written consent from a person with the legal right to consent to the disclosure; (2) when the information is disclosed to a parent, guardian, or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; (3) to carry out the purposes of this Procedure, including action taken to address conduct that reasonably may constitute sex discrimination under Title IX in the District’s education program or activity; (4) as required by Federal law, Federal regulations, or the terms and conditions of a Federal award, including a grant award or other funding agreement; or (5) to the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under FERPA or its implementing regulations.
DEFINITIONS
Complainant: A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination and who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
Complaint: An oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged sex discrimination. A physical or digital signature is not required. A complaint may be made by the alleged victim, guardian, Title IX Coordinator, or, if alleging other than sexual harassment, any student or employee or third party participating or attempting to participate in the District’s program or activity.
Sex-Based Harassment under Title IX: Sexual harassment and other harassment on the basis of sex, including on the bases of sex stereotypes, sex characteristics, pregnancy or related conditions, gender identity, and/or sexual orientation that is:
Sex Harassment under Title VII: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. A hostile environment on the basis of sex is created when the conduct is sufficiently severe or pervasive to alter the conditions of employment.
Sex Harassment under M.G.L. c. 151B: the term “sexual harassment” is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.
Sex Harassment under M.G.L. c. 151C: the term “sexual harassment” is defined as sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (a)) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.
Sex Discrimination: Sex discrimination includes discrimination based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity. The District is prohibited from separating or treating any person differently based upon sex in a manner that subjects a person to more than minimal harm unless otherwise permitted by Title IX. The District may not prevent a student from participating in an educational program or activity consistent with the student’s gender identity. The District must not adopt or implement any policy, practice, or procedure concerning a student’s current, potential, or past parental, family, or marital status that treats students differently on the basis of sex.
Sexual Assault: An offense that meets the definition of forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, incest, or statutory rape as defined in the FBI's Uniform Crime Reporting system and set out below:
Sex Offenses – Forcible: Any sexual act directed against another person, forcibly and/or against that persons will; or not forcibly or against the persons will where the victim is incapable of giving consent.
Sex Offenses – Non-forcible: Unlawful, non-forcible sexual intercourse.
For the purposes of the definition of sexual assault, the term “consent” shall be defined in a manner consistent with Massachusetts laws.
Party or Parties: The Complainant and/or Respondent.
Principal: The Principal or Principal’s designee.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination, which includes sex-based harassment. When a sex discrimination complaint alleges that the District’s policy or practice discriminates on the basis of sex, the District is not considered a Respondent for purposes of this Procedure.
Retaliation: Intimidation, threats, coercion, or discrimination against any person by the District, a student, an employee, or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity for the purpose of interfering with Title IX rights, or because the person has reported information, participated or refused to participate in an investigation.
Student: A person who has gained admission.
Superintendent: The Superintendent or Superintendent’s designee.
Title IX Coordinator: Employee(s) designated by the District to coordinate its efforts to comply with Title IX. The Title IX Coordinator is responsible for: (1) treating the Complainant and Respondent equitably; (2) offering and coordinating supportive measures as appropriate; (3) notifying Complainant or reporter of the applicable grievance procedure and informal resolution process and notifying the Respondent if a complaint is made; (4) initiating grievance procedure/informal resolution process as appropriate; and (5) determining whether to initiate a complaint under certain circumstances.
REQUIREMENTS RELATIVE TO CONFIDENTIAL EMPLOYEES
A Confidential Employee is:(1) An employee of the District whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this Procedure, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or (2) An employee of a school district whom the District has designated as confidential under this Procedure for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services.
Contact information for Confidential Employees will be publicly posted by the District or will be provided by contacting the office of the Title IX Coordinator. The Confidential Employee will explain to any person who informs the confidential employee of conduct that reasonably may constitute sex discrimination under Title IX:
SUPPORTIVE MEASURES
Upon notification of conduct that reasonably may constitute sex discrimination, which includes, but is not limited to, a complaint of sex-based harassment, the Title IX Coordinator will offer and coordinate supportive measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to the District’s education program or activity or to provide support during any aspect of the District’s Title IX grievance procedures.
Supportive Measures are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening the Complainant or Respondent, not for punitive or disciplinary reason, and without charge to restore/preserve party’s access to education program or activity (including safety), or to provide support during grievance/informal resolution process. Supportive Measures may be offered before or after the filing of a complaint or where no complaint has been filed. Supportive measures available to Complainants and Respondents may include but are not limited to: counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work locations; leaves of absence; increased security and monitoring of certain areas of the building and/or campus; and other similar measures. Violations of the restrictions imposed by supportive measures may be considered a violation of school rules and may also be considered in determining whether sexual harassment has occurred.
If a Complainant or Respondent seeks a modification or reversal of the decision to provide, deny, modify, or terminate supportive measures applicable to them, this request will be considered by an impartial employee. The impartial employee will be someone other than the employee who made the challenged decision and who exercises the authority to modify or reverse the decision, if the impartial employee determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition of supportive measures as set forth in this procedure. A Complainant and Respondent will also have the opportunity to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.
The Title IX Coordinator shall not disclose information about any supportive measures to persons other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless necessary to provide the supportive measure or to restore or preserve a party’s access to the education program or activity, or as consistent with the confidentiality section of this Procedure.
If the Complainant or Respondent is a student with a disability, the Title IX Coordinator will consult with one or more members, as appropriate, of the student’s Individualized Education Program (IEP) team, if any, or one or more members, as appropriate, of the group of persons responsible for the student’s placement decision, if any, to determine how to comply with the requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, in the implementation of supportive measures.
COMPLAINTS
Sex-Based Harassment: The following people have a right to make a complaint of sex-based harassment, requesting that the District investigate and make a determination:
Sex Discrimination other than Sex-Based Harassment: With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint: any student or employee of the District; or 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.
Complaints of sex discrimination, including complaints of sex-based harassment, and retaliation will be investigated promptly and equitably by the Title IX Coordinator or a designee. The Title IX Coordinator may act as the investigator and the decision-maker or may designate another District staff member to conduct the investigation of the complaint and to issue a determination thereon. If a student with a disability is a Complainant or Respondent, the Title IX Coordinator is required to consult with one or more members of the student’s IEP or Section 504 Team to ensure compliance with the requirements of the IDEA and Section 504 throughout the grievance proceedings.
CONSOLIDATION OF COMPLAINTS
The District may consolidate complaints 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 arise out of the same facts or circumstances. Consolidation is not permitted if consolidation would violate the Family Educational Rights and Privacy Act (FERPA). Consolidation would not violate FERPA when a District obtains prior written consent from a parent or eligible student to the disclosure of their education records.
TIMELINES
The Title IX Coordinator, investigator, or decision-maker may reasonably extend any of the timelines in this Procedure on a case-by-case basis for good cause with notice of the parties that includes the reason for the delay. A report to law enforcement, or an ongoing law enforcement investigation, will not automatically delay the District’s investigation in accordance with this Procedure. A request from law enforcement authorities to delay the District’s investigation may, however, require a temporary suspension of an investigation. Under such circumstances, the District will promptly resume its investigation upon being advised that law enforcement’s evidence gathering is completed.
EQUITABLE TREATMENT OF PARTIES
Under the District’s Title IX Grievance Procedures, the District will treat Complainants and Respondents equitably. The District ensures that the Title IX Coordinator, Investigator, and/or Decision-maker will not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. In accordance with Title IX and the regulations effective August 1, 2024, a Decision-maker may be the same person as the Title IX Coordinator or Investigator.
In investigating a complaint of sex discrimination, including sex-based harassment, the District presumes that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures.
EMERGENCY REMOVAL UNDER TITLE IX
The District may remove a Respondent on an emergency basis at any time provided that the District: (1) undertakes an individualized safety and risk analysis; (2) determines that an imminent and serious threat to the health or safety of the Complainant or any student, employees, or other individual arising from the allegations of sex-based harassment and/or sex discrimination justifies removal; and (3) provides the Respondent with notice and the opportunity to challenge the decision immediately following the removal.
ADMINISTRATIVE LEAVE
Nothing in this Procedure shall be construed to limit the District’s authority to place an employee Respondent on administrative leave from employment responsibilities during the pendency of the Grievance Procedures.
DISMISSAL OF COMPLAINT
The District may, at any stage in this Procedure, dismiss a complaint if:
The District will notify the Complainant of the basis for the dismissal within ten (10) school days after the dismissal decision is made. 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. 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:
If the dismissal is appealed, the District will:
When a complaint is dismissed, the District will, at a minimum:
NOTICE OF ALLEGATIONS
Upon receipt of a complaint that is not subject to dismissal under this Procedure, the District will notify the parties of the following:
If, in the course of the investigation, the District decides to investigate additional allegations of sex-based harassment or 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.
In the event that a complaint has not already been dismissed, the notice of the allegations will be sent to the parties within five (5) school days of receipt of the Complaint.
NO COMPLAINT FILED OR WITHDRAWAL OF THE COMPLAINT - TITLE IX COORDINATOR INITIATION OF COMPLAINT
In the absence of a complaint or the withdrawal of any or all of the allegations in a complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a complaint of sex discrimination that complies with the grievance procedures. To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors: (1) the Complainant’s request not to proceed with initiation of a complaint; (2) the Complainant’s reasonable safety concerns regarding initiation of a complaint; (3) the risk that additional acts of sex discrimination would occur if a complaint is not initiated; (4) the severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence; (5) the age and relationship of the parties, including whether the Respondent is an employee of the District; (6) the scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals; (7) the availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and (8) whether the District could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.
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 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.
A Title IX Coordinator is not required to consider whether to file a complaint if the Title IX Coordinator reasonably determines that the conduct as alleged could not constitute sex discrimination under Title IX or its regulations.
Upon notification that a Complainant decided not to file a complaint or has withdrawn a previously filed complaint, the Title IX Coordinator will seek to make a decision whether to initiate a complaint within ten (10) school days, which may be extended for good cause, extenuating circumstances, or receipt of additional information.
INVESTIGATION
The District will provide for adequate, reliable, and impartial investigation of complaints. The Title IX Coordinator will either investigate the complaint or assign the investigation to the principal, assistant principal, or other designee. 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 burden is, however, on the District rather than the Complainant or Respondent to gather sufficient evidence to determine whether sex-based harassment or sex discrimination occurred. In conducting the investigation, there is a presumption that the Respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of these Grievance Procedures. The investigator/decision-maker will engage in an objective evaluation of all evidence that is relevant, and not otherwise impermissible under this Procedure—including both inculpatory and exculpatory evidence. The investigator may make credibility determinations, but such determinations must not be based on a person’s status as a Complainant, Respondent, or witness.
QUESTIONING PARTIES AND WITNESSES
The investigator/decision-maker shall conduct or be present during the interviews of the parties and witnesses so as to enable the investigator/decision-maker 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. An investigator/decision-maker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible but must not draw an inference about whether sex discrimination or sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.
OPPORTUNITY TO ACCESS OR RECEIVE A DESCRIPTION OF RELEVANT EVIDENCE
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:
RELEVANT EVIDENCE
Relevant evidence means evidence that is related to the allegations of sex-based harassment and/or sex discrimination under investigation as part of the grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex-based harassment and/or sex discrimination occurred, and evidence is relevant when it may aid a decision-maker in determining whether the alleged sex-based harassment and/or sex discrimination occurred.
IMPERMISSIBLE EVIDENCE
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:
DETERMINATION
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, within twenty-five (25) school days following the date of receipt of the complaint, the investigator/decision-maker will:
DISCIPLINARY SANCTIONS AND REMEDIES
Persons who engage in sex-based harassment, sex discrimination, or retaliation may be subject to disciplinary action, including, but not limited to, reprimand, suspension, termination, expulsion of students (if applicable under M.G.L. c. 71, §§ 37H or 37H ½), or other sanctions as determined by the District administration, subject to applicable procedural requirements.
Although the Respondent may, in accordance with Title IX, be subject to Title IX emergency removal at any time, the Respondent may not be subject to disciplinary sanctions for alleged sex discrimination or sex-based harassment until after this grievance process has been completed.
APPEALS PROCESS
If the Complainant or the Respondent is dissatisfied with the investigator/decision-maker’s determination, an appeal may be made to the Superintendent or designee within seven (7) calendar days after receiving notice of the determination, except for circumstances in which the Respondent is subject to long-term suspension as a result of a finding of discrimination, harassment, or retaliation. In such an instance, the appeal rights of the Respondent will be provided in a manner consistent with the disciplinary due process requirements applicable to the circumstances (e.g., M.G.L. c. 71, 37H, 37H ½ or 37H ¾ or collective bargaining agreement/employment contract). Appeals must be made in writing (email is sufficient) to the Superintendent, 19 Flagg Drive, Framingham, or via electronic mail at rtremblay@framingham.k12.ma.us. The Superintendent or designee will decide the appeal within thirty (30) calendar days of the date of receipt of the written appeal.
INFORMAL RESOLUTION
In lieu of resolving allegations through the formal investigation process set out in the District’s Title IX Grievance Procedure, the District may opt to offer the parties participation in an Informal Resolution Process facilitated by trained personnel who would neither be the potential investigator or decision-maker in the Title IX grievance procedures. The filing of a complaint is not required to initiate an Informal Resolution Process. The District may offer informal resolution when it receives information about conduct that reasonably may constitute sex discrimination under Title IX or when a complaint of sex discrimination is made. Both parties must give voluntary, informed, written consent prior to the initiation of the Informal Resolution Process.
Prior to engaging in informal resolution, the District will provide notice to the parties of the allegations; notice of the right to withdraw from the Informal Resolution Process and to initiate the Title IX Grievance Procedures; notice that agreements to resolution at the conclusion of the informal process preclude using the Grievance Procedures for the same allegations; notice of the potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and what information the District will maintain and whether and how the District could disclose such information for use in the Grievance Procedure, if the Grievance Procedure is initiated or resumed.
The District does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of a student, or when such a process would conflict with federal, state, or local law.
The Informal Resolution Process shall not exceed twenty-five (25) school days unless an extension of that timeline is agreed to by the District and consented to by both parties.
RECORDKEEPING
The following records related to this Grievance Procedure will be maintained for a period of seven (7) years:
NOTICE TO BE PROVIDED REGARDING TITLE IX COORDINATOR
The District will notify students, employees, applicants for admission or employment, parents and legal guardians of students, and unions of the name, title, office address, email address and telephone number of the Title IX Coordinator. This information will be prominently displayed on the District’s website.
Title IX Coordinator
Assistant Superintendent for Equity, Belonging, and Community Engagement
Dr. Anthony Pope
508-782-61807