Equitable Complaint Process
Banning Unified School District (BUSD) has established procedures to receive, investigate and resolve Title IX violation complaints. These procedures are designed to provide a supportive process for individuals who report discrimination and to ensure a fair process for individuals who are accused of discriminatory conduct. Internal investigation of allegations of institutional discriminatory treatment or systemic discriminatory practices is intended to ensure that BUSD meets its commitment to an open and inclusive educational and employment environment.
These procedures also describe BUSD's efforts to conduct timely, thorough, and fair investigations as required by law. This procedure applies to all aspects of BUSD's operations and programs. It applies to all students and employees, including faculty, administrators, classified staff, administrators, as well as student employees. It also applies to all vendors, contractors, subcontractors and others who do business with the BUSD. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment made by them against BUSD students, employees, affiliates or agents.
Under Title IX, both the accuser and accused have equal rights, such as the right to:
In addition, since Title IX is a federal civil right, the appropriate standard of evidence is a “preponderance of the evidence.”
This standard of evidence means that a hearing must determine whether a complaint of sex discrimination is “more likely than not” to have occurred or 51% likely to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes — not criminal complaints, which require the highest standard of evidence, “beyond a reasonable doubt.”
Safety is one of our district’s top priorities and to help safeguard our school community, our district is now using Keenan SafeSchools Alert, a tip reporting system that allows students, staff, and parents to submit safety concerns to our administration four different ways.
You and your child can easily report tips on bullying, harassment, drugs, vandalism, intimidation or any other safety issues you're concerned about through Keenan SafeSchools Alert.
Every tip Keenan SafeSchools Alert receives about our district is immediately logged in the system and our administration is notified so that they can investigate and take appropriate action. To protect your identity, you may choose to submit your tip anonymously.
Together, using Keenan SafeSchools Alert, we can make our district a safer place for students to learn! Thanks in advance for your support.
Protection and Privacy
Banning Unified School District Title IX Coordinator works to ensure your privacy and confidentiality is maintained as governed by the law.
Title IX law states that the District is to take immediate action when a complaint is made into both investigation of the case as well as to protect the complainant. The Title IX Coordinator will meet with each individual to determine necessary protective steps needed.
It can often feel uncomfortable to submit your name on a report or filed complaint. The Title IX Coordinator works to maintain confidentiality and privacy in all Title IX reports and to protect the complainant and/or reporter. Although there are degrees in which the Title IX Coordinator may not be able to maintain the anonymity of one's name, it is important to provide contact information when reporting so that an immediate and thorough investigation of the incident may occur.
Unsure that resolution will take place
It is common to fear filing a complaint because of the concern that no action or resolution will take place. However, the law requires the District to take immediate action and see the case through to resolution.
Safety for attending class, program activity, or scheduled work
When reporting a Title IX incident fear of returning to the location or seeing the perpetrator again can cause fear and anxiety. It is the law and commitment of the Banning Unified School District to create a safe environment and to take necessary actions in order to ensure that each person has access to education and the workplace.
It is not unusual to wonder what actions the perpetrator may take once they have learned a complaint has been filed against them. According to Title IX law, it is illegal for a person to retaliate in any form due to a reported and filed complaint. If retaliation takes place, it is the Title IX Coordinators responsibility to take immediate action to stop the action(s).
The Complainant also has the right to file a complaint with the Office Of Civil Rights (OCR).A complaint must ordinarily be filed within 180 days of the last act of discrimination.
If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.
Online: You may file a complaint with OCR using OCR’s electronic complaint form at the following website: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.