What Happens After You File A Complaint?
An investigation plan is put into immediate action once you file a complaint
I. Interim Measures Pending Resolution of the Complaint
When the Coordinator receives a complaint or notice of sexual harassment or sexual misconduct, the Coordinator will undertake an appropriate inquiry and take such prompt and effective action as is reasonably practicable under the circumstances to support and protect the complainant, the District and to avoid retaliation against the victim(s) before the final outcome of the investigation. Interim measures may be implemented without prior notice to the accused whenever there is reason to believe, based on available facts, that the continued presence of the accused poses a substantial threat to himself/herself, to others, to District property, or to the stability and continuance of normal District functions.
II. No Contact Order or Other Protective Orders
The Title IX Coordinator may impose a "no-contact" order, which typically will include a directive that the parties refrain from having contact with one another, directly or through proxies, whether in person or via electronic means, pending the investigation and, if applicable, the hearing. The Title IX Coordinator also may take any further protective action that he or she deems appropriate concerning the interaction of the parties pending the hearing, if any, including, without limitation, directing appropriate BUSD officials to alter the students' academics, and/or BUSD's employment arrangements.
When taking steps to separate the complainant and the accused, the Title IX Coordinator will seek to minimize unnecessary or unreasonable burdens on either party; provided, however, that every reasonable effort will be made to allow the complainant to continue in his or her academic, and/or BUSD employment arrangements. Violation(s) of the Coordinator's directive and/or protective actions will constitute related offenses that may lead to additional disciplinary action.
III. The Investigation (Informal or Formal)
After immediate implementation of interim measures, the subsequent procedure will be the investigation,which may or may not include the following:
- Interview with the reporter
- Interview with the witness(es)
- Interview with the perpetrator
- Reported resolution
A typical investigation should be completed within sixty (60) calendar days of the Coordinator’s notice of the allegations, but depending upon the circumstances, may extend beyond sixty (60) days.
The Department of Education's Office of Civil Rights has interpreted Title IX to require schools to evaluate evidence collected during an investigation under a "preponderance of the evidence" standard and that is the standard used in these procedures for all discrimination, harassment, bullying, intimidation, stalking and retaliation claims. A preponderance of the evidence means that the information shows that it is "more likely than not” that the accused person(s) violated Title IX.
IV. There are three (3) possible conclusions that may result from a Title IX Investigation:
- Substantiated: Based on the totality of the circumstances and the information obtained pursuant to the investigation, and based on a more likely than not standard of proof (preponderance of the evidence), it is/is not more likely than not that respondent committed the alleged violation(s).
- Unsubstantiated: It is not possible to determine whether the allegation(s) is true or untrue. There is insufficient evidence to prove or disprove that the allegation is true.
- Unfounded: It is more likely than not that the allegation(s), while made in good faith, is untrue. A finding that the allegations are unfounded does not indicate that the complaint was improper or knowingly false.
V. Notice of Outcome:
Generally, within ten working days of the completion of the investigation, the complainant and the respondent shall be concurrently informed in writing of the outcome of the investigation. The investigation report serves as the notice of outcome for the parties. “Outcome” does not refer to information about disciplinary sanctions unless otherwise noted here. The District may provide the written determination of the final outcome to the complainant and the alleged perpetrator concurrently. Title IX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant.
The complainant shall be informed of the findings and of actions taken or recommended to resolve the complaint, if any, that are directly related to the complainant, such as a recommendation that the accused not contact the complainant. Information included in the final outcome letters to the parties will be governed by state and federal law and, if applicable, the District’s commitment to keeping personnel matters confidential. The complainant shall not be informed of the details of any recommended disciplinary action without the consent of the respondent except as permissible by law. The complainant may be notified generally of referrals for disciplinary action. The District’s commitment to keeping personnel matters confidential will be balanced against the District’s Title IX obligations.
FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student’s “education record.” However, FERPA permits a school to disclose to the harassed student information about the sanction .
Sanctions for individuals found responsible for discrimination, harassment or retaliation include but are not limited to:
- Student suspension and/or expulsion
- Employment suspensions and/or termination
- Counseling, Training, Restorative practices any sanctions set forth in Board Policies, Education Code, or Employment Contract