TITLE IX
Roles and Process
Title IX Coordinator information shall be provided to the following:
All applicants for admission and employment
Parents or legal guardians of students
Employees
All unions or professional organizations holding professional agreements with the recipient
Title IX Coordinator
Caitlin Cavagnino
6378 VT Route 7A
Sunderland, VT 05250
802-362-2452 Ext. 1523 (office)
802-362-2455 (fax)
To File a Complaint
Any individual designated by the District as a Title IX Coordinator shall be free of conflict of interest or bias for or against Complainants or Respondents.
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is alleged to be the victim), in person, by mail, by telephone, or by email using the Title IX Coordinator’s contact information, or by any other means that results in the Title IX Coordinator receiving the verbal or written report. A report can be made at any time.
NOTE: Teachers/Staff/Administrators may also receive reports. In those cases they must immediately convey those reports to the Title IX Coordinator.
Coordinator Duties
Respond to general reports and formal complaints of sexual harassment
Contact the complainant (or their parent/guardian) to discuss supportive measures.
Explain to the complainant the process for filing a Formal Complaint of Sexual Harassment
Signing and/or receiving Formal Complaints of Sexual Harassment and in these cases, commencing the Title IX Grievance Process.
Coordinating the effective implementation of supportive measures.
Coordinating the District's efforts to comply with its responsibilities related to the Title IX Grievance Process.
Title IX Investigator
Individual assigned to investigate a Formal Complaint of Sexual Harassment shall be free of conflict of interest or bias for or against Complainants or Respondents.
Title IX Investigator Duties: Investigators shall be responsible for conducting Sexual Harassment investigations as set forth in the Title IX Act
Initial Decision Maker
Principal of the school building where the sexual harassment complaint originated.
Initial Decision Maker Duties:
Must issue a written decision regarding responsibility and any disciplinary sanctions based on preponderance of the evidence
Distribute the decision of responsibility and how to file an appeal, to both parties simultaneously
Receive and review written responses from both parties
Finalize written Determination
Appellate Decision Maker
The Appellate Decision maker will be a Principal for their Title IX partner school indicated below.
MEMS and Sunderland
Flood Brook and Currier
Mettawee and Dorset
Appellate Decision Maker Duties:
Cannot be the same person as the Initial Decision Maker
Provide a written determination of Appeal after considering the evidence
Will only overturn the Initial Decision if it was CLEARLY erroneous
If there is new evidence the Appellate Maker can either make a decision or refer it back to the appropriate stage of the process
Grievance Process
If any District employee receives information of conduct which may constitute sexual harassment, they shall, WITHOUT DELAY, inform the Title IX Coordinator of the alleged harassment. Failure to report will subject the employee to discipline up to and including dismissal.
Staff/Teacher fills out a Student Conduct Form. This goes to a Designee of the Title IX Coordinator or to the Title IX Coordinator directly. If given to the Designee, they must get it to the Title IX coordinator immediately.
If the Title IX Coordinator issues a Formal Complaint of sexual harassment, or if they get a formal complaint from the Complainant (or their parent/guardian), this formally triggers the Title IX Grievance Process.
Before the District can conduct an investigation, a Formal Complaint of Sexual Harassment, containing an allegation and a request that the District investigate is required.
If there is no formal complaint received or filed, the district still must respond when there is ACTUAL KNOWLEDGE of sexual harassment.
After a Formal Complaint is Recognized
The Title IX Coordinator issues a Notice of Complaint to involved parties then:
a. The Title IX Coordinator meets with the Complainant and Respondent separately (each party is allowed a single support person who may or may not be a lawyer). Offers/Implements Supportive Measures (Actions to restore or preserve access to the educational program or activity).
b. Implements a No Contact Agreement during the grievance process
c. Removes any party that poses an immediate threat to physical safety or health (after a safety and risk analysis).
The complaint may be dismissed or an Informal Resolution may take place. If neither of these are the case, an investigation must take place.
The Title IX Investigator conducts interviews, and collects data then:
a. Data and Findings of fact must be shared with Complainants and Respondents simultaneously
b. Receives written response from both parties
c. Finalizes investigative report
The Decision-Maker issues a written decision regarding responsibility and any disciplinary sanctions after analyzing relevant investigation evidence based on the preponderance of evidence standard.
a. Findings and procedure for appeal are simultaneously distributed to the Complainant and the Respondent.
b. Receive and review responses from both parties
c. Finalize the written determination
Appeal Process: Both parties are afforded the opportunity to appeal a determination regarding responsibility or dismissal of complaint on the following basis:
a. Procedural Irregularity
b. Newly discovered evidence (that may impact the outcome)
c. Title IX personnel with conflict or bias that affected the outcome