AC-R-3, Sexual Harassment Investigation Procedures (Title IX)

The district is committed to maintaining a learning environment that is free from sexual harassment. It is a violation of policy for any staff member to harass a student or for students to harass other students through conduct or communications of a sexual nature, or to retaliate against anyone who reports sexual harassment or participates in a harassment investigation. The following procedures only apply to sexual harassment covered under Title IX. Sexual harassment and other sex-based harassment or misconduct not covered under Title IX may still constitute misconduct that is incompatible with the district’s standards and may be addressed by other applicable district policies or procedures.

Definitions

For purposes of this regulation, these terms have the following meanings:

Actual Knowledge means when any district employee receives notice of an incident of alleged sexual harassment. When this standard is met, the district has an obligation to respond under Title IX. This standard is not met when the only employee with knowledge of alleged sexual harassment is the respondent.

Advisor of choice means a person the complainant or respondent selects to be present during any grievance proceeding, including related meetings or proceedings.

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment under Title IX, regardless of whether the individual filed the formal complaint.

Decision-Maker means the individual charged with considering the evidence contained in the investigation report, making findings of fact, and analyzing the relevant policy provisions to determine whether the allegations constitute a policy violation. The decision-maker cannot be the same person as a Title IX Coordinator or investigator.

Disciplinary Sanction means a consequence imposed by the district on a respondent who is found to have violated this policy, however, the grievance process must be completed before any disciplinary sanctions are imposed. Disciplinary sanctions are designed to remedy and prevent the recurrence of discrimination, harassment, and/or retaliation. Disciplinary sanctions for students may include, but are not limited to: permanent no-contact orders, required participation in additional learning opportunities, loss of privileges, suspension, or expulsion and/or other appropriate corrective or restorative actions. Disciplinary sanctions for staff may include, but are not limited to: issuance of a warning/reprimand, required training, placement on an improvement plan, demotion, reassignment, suspension/placement on leave, termination, and/or other appropriate corrective or restorative actions.

Education Program or Activity means locations, events, or circumstances over which the district exercises substantial control over both the complainant and respondent and the context in which the sexual harassment occurs.

Formal Complaint means a document filed by a complainant or signed by a Title IX Coordinator alleging sexual harassment by a respondent and requesting that the district investigate the allegation. At the time of the filing of a formal complaint, a complainant must be participating in or attempting to participate in the educational programs or activities of the district.

Investigator means the individual charged with conducting interviews, gathering evidence, and producing an investigation report. The investigator may be the same person as a Title IX Coordinator but cannot serve as the decision-maker.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Retaliation means threats, intimidation, coercion, discrimination, or other adverse action against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or complaint, testified, assisted, or participated or refused to participate in an investigation or proceeding under this policy.

Sexual Harassment means conduct on the basis of sex that falls into one or more of the following categories:

A school district employee conditioning an educational aid, benefit, or services on participation in unwelcome sexual conduct (i.e., quid pro quo harassment);
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district’s education program or activity; or
“Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

Supportive Measures mean non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge, to the complainant and/or respondent in order to restore or preserve the party’s access to the education program/activity without unreasonably burdening the other party. Supportive measures may be provided after the filing of a formal complaint or where no formal complaint has been filed.

Title IX Coordinator means the employee(s) designated by the district to coordinate its efforts to comply with Title IX responsibilities. The Title IX Coordinators are to be informed of all applicable reports or formal complaints of violations of this policy. The Title IX Coordinators may delegate certain responsibilities under this policy to an alternate who has received appropriate training. The Title IX Coordinators cannot serve as the decision-maker but may serve as the investigator if appropriate.

The Title IX Coordinator (for complaints by employees or nonemployees) is:

Valerie Lara-Black, Department of Human Resources
Title IX Coordinator – employees and nonemployees/Employee ADA/Section 504/EEO Compliance Officer
800 South Taft Avenue
Loveland, Colorado 80537
(970) 613-5009
Valerie.Lara-Black@tsd.org

Title IX Coordinator (for complaints by students) is:

Colin Dike, Department of Student Support Services
Title IX Coordinator - students/Student ADA/Section 504 Compliance Officer
800 South Taft Avenue
Loveland, Colorado 80537
(970) 613-5092
Colin.Dike@tsd.org

Title IX Sexual Harassment Prohibited

The district—as required by Title IX—prohibits sexual harassment in the district’s education program or activity against a person in the United States.

Reporting Sexual Harassment

Students and Nonemployees. The district encourages all individuals participating in its education program or activity to report sexual harassment or allegations of sexual harassment (whether or not they are the alleged victim of the conduct that could constitute sexual harassment) to the applicable Title IX Coordinator or other district employees.
Employees. District employees who receive reports of sexual harassment must immediately contact the applicable Title IX Coordinator.
Reporting sexual harassment to Title IX Coordinator. If you wish to report sexual harassment to a Title IX Coordinator, you may do so in person, by mail, by telephone, or by email, using the contact information listed for the applicable Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator. Each Title IX Coordinator is responsible for sending reports or complaints beyond their scope to the designated Title IX Coordinator for handling.

Response to Reports of Sexual Harassment

If the district has actual knowledge of sexual harassment that occurs in the district’s education program or activity in the United States, the applicable Title IX Coordinator will contact the complainant within three (3) business days. The Title IX Coordinator will discuss the availability of supportive measures and explain the process for filing a formal complaint.

A. Supportive measures

The Title IX Coordinators are responsible for coordinating the effective implementation of supportive measures. Supportive measures may include, but are not limited to:

counseling;
extensions of deadlines or other course-related adjustments;
modifications of work or class schedules;
excused absences;
individualized supervision during passing periods or other unstructured times or activities;
mutual restrictions on contact between the parties; and
increased security and monitoring of certain areas of the campus, and other similar measures.

Any supportive measures provided to the complainant or respondent will remain confidential to the extent that maintaining such confidentiality would not impair the ability of the district to provide supportive measures.

B. Emergency removal

Student-respondents may be removed from the district’s education program or activity on an emergency basis or, alternatively, placed in an alternative educational program, if the Title IX Coordinator for complaints by students determines—after an individualized assessment—that the student-respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment.

The district will provide the student-respondent with notice and an opportunity to challenge the decision immediately following the removal.

C. Administrative leave

An employee-respondent may be placed on administrative leave during the pendency of a grievance process, at the district’s sole discretion.

Filing a Formal Complaint

A. Complainant may file a formal complaint

A complainant (or a complainant’s parent or guardian with the legal authority to act on behalf of the complainant) may file a formal complaint with the applicable Title IX Coordinator, requesting the district investigate and adjudicate a report of sexual harassment. A formal complaint requires a physical or digital signature by the complainant, or an indication that the complainant is the person filing the formal complaint. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in the district’s education program or activity.

B. Title IX Coordinator may file a formal complaint

If the complainant chooses not to file a formal complaint, the district may still initiate the grievance process if a Title IX Coordinator signs the formal complaint. A Title IX Coordinator will only sign a formal complaint after considering the complainant’s wishes and evaluating whether an investigation is clearly unreasonable in light of the specific circumstances. Where a Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party.

C. Consolidating multiple complaints

The district may consolidate formal complaints where the allegations of sexual harassment arise out of the same facts or circumstances.

Time Limit to File a Formal Complaint

Absent good cause, complaints must be filed within one hundred eighty (180) days of the event giving rise to the complaint or from the date the complainant could reasonably become aware of such occurrence.

Dismissal of a Formal Complaint

A. Mandatory dismissal

A Title IX Coordinator will dismiss a formal complaint for Title IX purposes if the allegations (1) do not meet the definition of sexual harassment; (2) did not occur in the district’s education program or activity; (3) did not occur against a person in the United States; or (4) if, at the time of filing a formal complaint, the complainant is not participating in or attempting to participate in the district’s education program or activity. The district may continue to address these incidents outside the Title IX grievance process, as described in Policies AC, GBAA, and JBB.

B. Discretionary dismissal

The district may, in its discretion, dismiss a complaint if (1) the complainant notifies the applicable Title IX Coordinator in writing that the complainant wishes to withdraw the formal complaint or some of its allegations; (2) the respondent is no longer enrolled or employed by the school; or (3) specific circumstances prevent the school from gathering evidence sufficient to reach a determination about the allegations.

C. Notice of dismissal and right to appeal

Upon dismissal of a formal complaint, the applicable Title IX Coordinator will send written notice to the parties within three (3) business days, stating the reasons for the dismissal. Both parties have a right to appeal this decision in accordance with the procedures specified below.

A dismissal does not prohibit the complainant from pursuing other remedies under state or federal law or local board policy, nor does it prohibit the district from offering supportive measures or from addressing the allegations in any manner the district deems appropriate.

Written Notice of Allegations

Within five (5) school days of receiving a formal complaint, a Title IX Coordinator will provide a written notice of allegations simultaneously to both parties. The parties will have at least three (3) calendar days from the day the written notice is sent to prepare for an initial interview.

If the district, at any point, starts to investigate allegations that are materially beyond the written notice, the district will provide a supplemental written notice describing the additional allegations to be investigated.

District Resolution Procedures

Following the filing of a complaint, there are two available options for resolution:

Formal Grievance Process. The formal grievance process involves a full investigation and adjudications as described in “Formal Grievance Process” below.
Informal Resolution Process. At the district’s discretion, the parties may also be offered the opportunity to participate in an informal resolution process as opposed to the more formal grievance process. The informal resolution process does not involve a full investigation. Participation in the process is voluntary. For more information on the informal resolution process see “Informal Resolution Process” below.

Formal Grievance Process

After a formal complaint is filed, the grievance process will begin (unless the parties are eligible and willing to participate in an informal resolution process). The district’s grievance process treats complainants and respondents equitably by providing remedies to a complainant when a respondent is found responsible, and by following a grievance process that complies with Title IX before imposing any disciplinary sanctions or other actions that are not supportive measures against a respondent. As part of this process, a respondent is presumed not to have violated Title IX, and a determination regarding responsibility is made only at the conclusion of the grievance process.

Timeframe

A. General timeframe

The district is committed to providing a prompt, impartial, and thorough investigation and resolution that is consistent with Title IX. The complainant and respondent will be kept apprised of the investigation’s status and anticipated timeframes. The grievance process, in most cases, takes between sixty (60) to ninety (90) calendar days to complete.

B. Delay or extension for good cause

The district may delay or extend timeframes for good cause. Good cause may include, but is not limited to, the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. If the grievance process must be delayed or extended, the applicable Title IX Coordinator will provide the complainant and respondent with a written notice.

Conflicts of Interest

Any individual designated by the district as a Title IX Coordinator, investigator, or decisionmaker may not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. If a Title IX Coordinator, investigator, or decisionmaker has a conflict of interest, the affected party has grounds for an appeal.

Right to an Advisor of Choice

Each party is entitled to an adviser of their choice during the process. The advisor may be present during any grievance proceeding, including related meetings or proceedings, but may not speak or otherwise participate.

Expectation of Privacy

All participants involved in the grievance process are expected to respect the seriousness of the matter and the privacy of the individuals involved. The school’s expectation of privacy during the process should not be understood to limit any legal rights of the parties during or after the resolution. All other conditions for disclosure of records and outcomes are governed by the school’s obligations under the Family Educational Rights and Privacy Act (FERPA), any other applicable privacy laws, and professional ethical standards.

Prohibition on Knowingly Making False Statements

The district prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Investigation Procedures

All Title IX investigations will be conducted in a prompt, thorough, and fair and impartial manner. The investigative process will generally include: (1) interviewing the complainant; (2) interviewing the respondent; (3) interviewing witnesses; (4) collecting evidence and objectively evaluating whether the evidence is relevant; and (5) preparing an investigative report that fairly summarizes relevant evidence.

A. Interviewing Parties and Witnesses

The district will provide written notice to parties and witnesses before the Investigator conducts an interview with the date, time, location, participants, and purpose for the meeting. The parties will have at least three (3) calendar days to prepare to participate. At the interview, or any other meeting or related proceeding, the complainant or respondent may be accompanied by their advisor. However, the advisor may not participate in the meeting. The district may conduct follow-up interviews with parties and witnesses, as necessary.

B. Collecting Evidence

The district bears the burden of gathering evidence. The district is responsible for gathering evidence sufficient to reach a determination. However, the parties will also have an equal opportunity to: present witnesses, present inculpatory or exculpatory evidence, and inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint.
The district will not collect medical records. The district will not access, consider, disclose, or otherwise use a party’s medical records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in the professional’s official capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the district obtains that party’s voluntary, written consent to do so.
The district will not collect privileged information. The district also will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
Parties will have 10 calendar days to review evidence. The investigator will send to each party and the party’s advisor, if any, the evidence directly related to the allegations in the formal complaint. The parties will have ten (10) calendar days to submit a written response, which the investigator will consider.

C. Preparing the Investigative Report

Preparing investigative report. The investigator will then create an investigative report that fairly summarizes all relevant evidence. The investigator is ultimately responsible for determining what evidence is relevant.
Parties will have ten (10) calendar days to review investigative report. Ten days prior to submitting the investigative report to the decision maker, the district will send the investigative report to each party and the party’s advisor, if any, in an electronic format for their review and written response. If either party wishes to respond, they must do so during this ten- (10-) calendar day review period.

Reaching a Determination

Following the ten- (10-) calendar day review period, the investigator will submit the investigative report and all relevant evidence to the decision maker for their review. The parties will also receive copies of the investigative report.

A. Questioning of Parties and Witnesses

After the review period, the decision maker will facilitate the exchange of written questions between the parties before a final determination is made.

The decision maker will invite each party to submit proposed questions for other parties or witnesses. Each party will have three (3) calendar days to submit the proposed questions to the decision maker. After receiving the questions, the decision maker will determine whether the questions must be rephrased, excluded, or permitted. The decision maker will explain any decision to rephrase the question or to exclude a question as not relevant.
The decision maker will then provide the parties and witnesses with the relevant written questions. The parties and witnesses receiving the questions have three (3) calendar days to submit written answers, and the parties may submit limited follow-up questions to the decision maker. The exchange of questions and responses by the parties and witnesses will be concluded within a ten- (10-) calendar day period.

B. Irrelevant Questions will be Excluded

The decision maker may exclude questions that are improper or not relevant. For example, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove (1) that someone other than the respondent committed the conduct alleged by the complainant, or (2) if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. If the decision maker excludes a question, they will explain the decision to do so to the party proposing the question.

C. Determining Responsibility

The decision maker will evaluate relevant evidence. The decision maker will objectively evaluate all relevant evidence. They will not make credibility determinations based on a person’s status as a complainant, respondent, or witness.
The decision maker will apply the preponderance of the evidence standard. The decision maker will apply the preponderance of the evidence standard to determine whether a party is responsible for the conduct alleged in the formal complaint.
The decision maker will issue a written determination and, if appropriate, specify the remedies and sanctions. The decision maker will issue a written determination simultaneously to both parties within thirty (30) calendar days after reviewing the investigative report. The written determination will include:
- A statement of the allegations;
- A description of the procedural steps taken by the district from the receipt of the formal complaint through the determination, including any notifications sent to the parties, interviews conducted with parties and witnesses, site visits performed, methods used to gather other evidence;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the district’s code of conduct to the facts;
- A statement of, and rationale for the determination regarding responsibility as to each allegation; and
- The bases and procedures for filing an appeal.
Sanctions and Remedies. If the respondent is found responsible, they may be subject to a range of disciplinary sanctions, up to and including expulsion. The complainant may, if appropriate, also receive remedies that are designed to restore or preserve equal access to the district’s education program or activity. The applicable Title IX Coordinator is responsible for implementing these measures.
A determination of responsibility in no way prejudices either the complainant or the respondent from seeking redress through state or federal agencies, as provided in law.

Appeal

Either party will have an opportunity to appeal the decision maker's determination regarding responsibility or the district’s dismissal of a formal complaint or any allegations therein within ten (10) school days by making a written request to the decision maker detailing why the decision should be reconsidered. Grounds for an appeal shall be limited in accordance with applicable law to the following bases:

A procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
The applicable Title IX Coordinator, investigator(s), or decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The district will notify the other party in writing when an appeal is filed. Each party will have ten (10) school days to submit a written statement in support of or challenging the outcome.

The decision maker for the appeal may not be the same person as the decision maker that reached the determination regarding responsibility or dismissal, the investigator, or a Title IX Coordinator. The decision maker for the appeal shall have ten (10) school days to provide a written decision to the parties. Appeal decisions defer to the original decision, making changes to the determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. The decision maker for the appeal may: (1) affirm the written determination; (2) overturn the written determination, or (3) send the report back for additional investigation. The decision maker for the appeal’s decision to affirm or overturn the report is final.

Informal Resolution

When the applicable Title IX Coordinator deems it appropriate, an informal resolution process may be instituted. Informal Resolution can include three different approaches:

When a Title IX Coordinator or designee can resolve the matter informally by providing supportive measures only and complainant agrees.
When the respondent accepts responsibility for violating policy, and desires to accept a sanction and end the resolution process, and complainant agrees.
When the parties agree to resolve the matter through an alternate resolution mechanism (as described below).When agreement is required, the party’s agreement must be voluntary, non-coerced, and documented in writing. Informal resolution is not available in cases where a district employee is alleged to have sexually harassed a student.

At any time while engaging in informal resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. Generally, the informal resolution process should be completed within sixty (60) calendar days from the parties’ agreement to the process, unless good cause is shown.

Alternate resolution mechanism. Alternate resolution, one form of informal resolution, references mediation, restorative practices, transformative justice, and similar methods that must only be used when designed and facilitated by well-trained individuals. Due to the specialized training required, the district may use community partners as third-party facilitators with the consent of all the parties. Alternate resolution is rarely appropriate or advisable in cases involving violent incidents, dangerous patterns, or threats. To utilize alternative resolution the parties may be required to execute record releases authorizing third-party facilitators to access records needed to engage in the process.

Retaliation Prohibited

The district prohibits retaliation. It is a violation of this policy to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or other proceeding under this part.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Training

The district will ensure that Title IX Coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process, receive training on:

the definition of sexual harassment;
the scope of the district’s education program or activity;
how to conduct an investigation and grievance process including determinations, appeals, and informal resolution processes, as applicable; and
how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

The district will also ensure that decisionmakers and investigators receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

Recordkeeping

The district will maintain the following items for a period of seven (7) years:

Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the district’s education program or activity.
Any appeal and the result.
Any informal resolution and the result.
All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. These training materials will also be publicly available on the district’s website.
Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment or documentation of why supportive measures were not offered to the complainant. The documentation of certain bases or measures does not limit the district in the future from providing additional explanations or detailing additional measures taken.

Reporting to a Federal or State Agency

In addition to, or as an alternative to, filing a formal complaint pursuant to this policy, a person may file a complaint with the U.S. Department of Education, Office for Civil Rights, or with the Colorado Civil Rights Division at the addresses below:

Denver Office for Civil Rights
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
TDD: 800-877-8339
Fax: 303-844-4303
Email: OCR.Denver@ed.gov

Colorado Civil Rights Division
1560 Broadway, Suite 825
Denver, CO 80202
Telephone: 303-894-2997 or 800-262-4845
Fax: 303-894-7830
Email: DORA_CCRDIntake@state.co.us

Questions or concerns about the district’s application of Title IX may be addressed to the district’s Title IX Coordinators or the United States Department of Education, Office for Civil Rights (OCR.Denver@ed.gov).

Adopted: November 19, 2025 (Replaced AC-R-2, Sexual Harassment Investigation Procedures (Title IX))