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:
- Have an adviser of choice present during the process (this includes an attorney if allowed at all by schools)
- Present evidence or have witnesses speak on their behalf
- Have timely access to information that will be used at the hearing (if case goes to hearing)
- Be present at pre-hearing meetings that provide an opportunity to present their testimony
- Receive the final hearing decision in writing at the same time as the other party
- Have the right to appeal a final decision
- School are encouraged to exercise discretion and not require the accused and accuser to directly interact in some instances, which may be re-traumatizing
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.”