School Policies

Policy 206 - General Notice of Non-Discrimination

The School does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.  The following person has been designated to handle inquiries regarding non-discrimination policies:

Stephanie Hamburger
Director of Operations
33 North Grubb Street
Columbus, OH 43215

 

Student Policies

Notice of Rights Under the Family Educational Rights and Privacy Act (“FERPA”) and Authorization to Release Student Directory Information

FERPA affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records.  These rights are:

    1. The right to inspect and review the student’s education records within forty-five (45) days of the day the School receives a request for access.  Parents or eligible students should submit to the Principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect.  The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
    2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  Parents or eligible students may ask the School to amend a record that they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  They should write to the Principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
    3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.  One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  A school official is a person employed by the School in an administrative, supervisory, academic, or support staff position; a member of the school law enforcement unit, which consists of the Principal; a person with whom the School has contracted to perform a special task (i.e. Attorney, auditor, outside consultant); or a person serving on the Board.  A school official has a “legitimate educational interest” in an education record when the official needs to review the record in order to fulfill his or her responsibility on behalf of the School, such as when the official is performing a task that is specified in his or her job description or by a contract agreement or other official appointment; performing a task related to a student’s education; performing a task related to the discipline of a student; or providing a service or benefit relating to the student or student’s family, such as health care, counseling, or assisting with the college application procedure; or any other purpose that the Board deems necessary as related to a student’s education.  Upon request, the School discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll.
    4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA are:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

    1. The School intends to forward any and all education records to another school or post-secondary institution at which the students seeks or intends to enroll, upon the condition that the student’s parents be notified of the transfer, receive a copy if so desired, and have an opportunity for a hearing to challenge the content of the record.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of students’ education records.  Under FERPA, most information about our students cannot be made public without the consent of parents/guardians.  However, if the School designates information as directory information, FERPA allows the release of student directory information unless the student’s parent(s)/guardian(s) inform the School in writing not to release such information.

OFFICIAL DESIGNATION

The School must choose one of the following options and mark appropriate lines with an “X”.

This School:

___X____       HAS NOT designated any personally identifiable information as directory information and will not include such information in school publications, recognition lists, programs, or student directories or give such information to third parties without parental consent

OR

________        HAS designated the following marked information as directory information (“X” applicable information below):

________        Student’s name

________        Student’s address

________        Student’s electronic mail address

________        Student’s photograph

________        Student’s telephone number

________        Student’s date and place of birth

________        Student’s major field of study

________        Student’s participation in officially recognized activities or sports

________        the weight and height of members of athletic teams

________        dates of attendance

 

Policy 203 - Parent and Foster Caregiver Involvement

The School recognizes that having Parents and foster caregivers of Students actively involved in Students’ education promotes Student success in educational efforts.  This involvement of Parents and foster caregivers is likely to bring about overall improvements in academic achievement and encourage positive Student behavior.

In order for our faculty and staff to effectively educate our children, we welcome our Parents and foster caregivers as partners.  Parents and foster caregivers are strongly encouraged to participate in a variety of activities and forums that will support our Students academically and add to the vitality of our school.

Parents and foster caregivers will be expected to participate in regularly scheduled status reviews and to sign an agreement with the School confirming their commitment to the educational success of their child.  A status review is a formally scheduled conversation between faculty and Parents/foster caregivers in order to discuss their Student’s development and progress.  Parents and foster caregivers will be required to confer with faculty about their child’s social and academic achievement on a regular basis, as scheduled by the School on the School calendar.  Parents should attend status reviews in order to receive written report cards.  The School also encourages Parents to initiate conferences about their questions and concerns with the Principal or their designee and/or faculty members.

The School further encourages Parents and foster caregivers to do the following:

    1. Engage in consistent and meaningful communication with the School, including active participation in any parent-teacher conferences/ status reviews;
    2. Prioritize Student learning in both the School setting as well as at home;
    3. Be aware of School policies, procedures and curriculum and contribute in order to promote the improvement of the School;
    4. Participate in School activities where appropriate, including through efforts as a volunteer; and
    5. Support and reinforce Student learning at home.

The School will make available information regarding the School’s policies, procedures, programs, and curriculum in both in a format and language that is understandable to Parents and foster caregivers.

R.C. 3313.472

Policy 227.1 - Child Find

The School supports and complies with all applicable federal and state laws, procedures, and policies regarding the School’s child find responsibilities.  The School will conduct all child find activities for students who are enrolled in the School (its geographical area) so that they are appropriately located, identified and referred for evaluation.  Parents or guardians have the right to review their child’s records and refuse permission to release information (except as required by, or permitted by, law to be released). 

Pursuant to Ohio law, the School is required to perform the same child find duties as city, local, exempted village school districts and will endeavor to adhere to its responsibilities in a manner that does not duplicate the duties of the city, local, or exempted village school districts. 

A Child Find Notice shall be published in a newspaper of general circulation in the geographic area covered by the identification activity before any major identification activity.

See the Child Find Notice in Appendix 227.1-A and the Parent Notification of Scholarship Programs for Students with Disabilities in Appendix 227.1-B.

20 USC 1412 et seq.; OAC 3301-51-03.

Policy 225 - Religion in Schools

Religious belief and disbelief are matters of personal consideration rather than governmental authority and the students of this School are protected by the First Amendment from the establishment of religion in the schools.  Accordingly, no devotional exercises or displays of a religious character will be permitted at the School in the conduct of any program or activity under the jurisdiction of the School, nor shall instructional activities be permitted to advance or inhibit any particular religion, or religion generally. However, a student may engage in religious expression before, during, and after school hours in the same manner and to the same extent that a student is permitted to engage in secular activities or expression before, during, and after school hours. The School shall also give the same access to school facilities to students who wish to conduct a meeting for the purpose of engaging in religious expression as is given to secular student groups, without regard to the content of a student’s or group’s expression.

An understanding of religions and the contributions that religion has made to the advancement of civilization is essential to the thorough education of young people and to their appreciation of a pluralistic society.  To that end, the curriculum shall be developed to include, as appropriate to the various ages and attainments of the students, instruction about the religions of the world.

The Board and School acknowledge the degree to which a religious consciousness has permeated the arts, literature, music, and issues of morality.  The instructional and resource materials approved for use frequently contain religious references or concern moral issues that have traditionally been the focus of religious concern.  That such materials may be religious in nature shall not, by itself, bar their use by the School.  The Board directs that teaching staff members employing such materials be neutral in their approach and avoid using them to advance or inhibit religion in any way.

Religious traditions vary in their perceptions and doctrines regarding the natural world and its processes.  The curriculum is chosen for its place in the education of the students of the School, not for its conformity to religious principles.  Students should receive unbiased instruction in the schools so that they may privately accept or reject the knowledge so gained in accordance with their own religious tenets.

Accordingly, no Student shall be exempted from attendance in a required course on the grounds that the instruction therein interferes with the free exercise of his/her religion.

Consistent with the School’s attendance policy, students are permitted to be absent for up to three (3) school days each school year in order to participate in holidays for reasons of faith or religious or spiritual belief systems, or to participate in organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization. Absences shall be treated as excused, and students shall not be penalized as a result of their absence. Students absent for religious expression days or religious holidays shall be permitted to participate in athletics or extracurricular activities on days in which the student was otherwise excused from attendance at school. The School shall also provide alternative accommodations in order to complete exams and other academic requirements missed due to a timely requested absence. Accommodations may include re-scheduling the alternative examination or other academic requirement for the approved student, which may be before or after the time and date that was originally scheduled.

Parents shall report absences due to religious expression or holidays in writing to the Principal in the usual manner required by the School’s attendance policy. Provided however, requested absences that require accommodation for an exam or academic requirement shall be made in writing by the student’s parent no later than fourteen (14) days after the start of the school year, or the date of the student’s enrollment, whichever is later, in order to be deemed timely. The Principal may require confirmation of the parent’s signature on any absence request, but may not inquire as to the sincerity of the student’s religious or spiritual belief system.

The School also shall not prohibit a student from engaging in religious expression in the completion of homework, artwork, or other written or oral assignments. Assignment grades and scores shall be calculated using ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and shall not penalize or reward a student based on the religious content of a student’s work.

For questions or grievances regarding this policy, please contact:

David Ross, Principal

33 North Grubb Street, Columbus OH 43215

614-565-8442

Grievances related to this policy will be addressed through the School’s standard grievance procedure outlined in Policy 115.

This policy, as well as a non-exhaustive list of major religious holidays, festivals, and religious observations for which an excused absence shall not be unreasonably withheld or denied, shall be posted in a prominent location on the School’s website and conveyed to parents on an annual basis.

R.C. 3320.04.

See also Appendix 225- A List of Non-Exhaustive Religious Holidays and Festivals.

● Non-Exhaustive List of Major Religious Holidays and Festivals

An excused absence for any of the below religious holidays or festivals shall not be unreasonably withheld, up to a total of three (3) school days of absences per school year. This list is non-exhaustive and will not be used to deny an accommodation for an absence due to a holiday or festival of the student’s faith or religious or spiritual belief system that does not appear on this list.

Holiday Date
Eid ul-Fitr March 29, 2025 – March 30, 2025
Good Friday April 18, 2025
Rosh Hashanah October 2, 2024 – October 4, 2024
Yom Kippur October 11, 2025 – October 12, 2024
Passover April 12, 2025 – April 20, 2025
Eid ul-Adha June 6, 2025 – June 7, 2025
Policy 264,1 - Anti-Harassment, Intimidation, and Bullying Policy

The following policy must appear in any student handbook, and in any publications that set forth the comprehensive rules, procedures, and standards for the School and students.  Information regarding this policy must be incorporated into employee training materials.  Annually, the School shall send a written statement describing the policy and the consequences for violating the policy to each student’s custodial parent or guardian, either electronically or with report cards.

The School prohibits acts of harassment, intimidation, or bullying (including cyber-bullying) of any student on school property or at school-sponsored events (any event conducted on or off School property, including School buses and other School related vehicles, that is sponsored, recognized or authorized by the Board).  A safe and civil environment in the School is necessary for students to learn and achieve high academic standards.  Harassment, intimidation and bullying, like other disruptive or violent behaviors, are conduct that disrupts both a student’s ability to learn and the School’s ability to educate its students in a safe environment.  Since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate bullying.

“Harassment, intimidation, or bullying” means either of the following: (1) any intentional, written, verbal, electronic, graphic, or physical act that a student or group of students has exhibited toward another particular student more than once, and the behavior both causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student; or (2) violence within a dating relationship.  The definition of “harassment, intimidation, or bullying” also includes the above described acts which are electronically generated, stored or transmitted, sometimes called “cyberbullying.”

The School reserves the right to discipline students’ off campus behavior which substantially disrupts the School’s educational process or mission, or threatens the safety or well-being of a Student or Staff member.  Factors which may be considered in determining whether the behavior warrants discipline include, but are not limited to, the following: (1) whether the behavior created material and substantial disruption to the educational process or the School’s mission due to the stress on the individual(s) victimized or the time invested by Staff in dealing with the behavior or its consequences; (2) whether a nexus to on-campus activities exists; (3) whether the behavior creates a substantial interference with a Student’s or Staff member’s security or right to educate and receive education; (4) whether the behavior invades the privacy of others; or (5) whether any threat is deemed to be a true threat by the administration or Board, using factors and guidelines set out by the courts or by common sense, reasonable person standards.

Some acts of harassment, intimidation, bullying, and cyber-bullying may be isolated incidents requiring that the school respond appropriately to the individuals committing the acts.  Other acts may be so serious or part of a larger pattern of harassment, intimidation, bullying, or cyber-bullying that they require a response either in the classroom, School building, or by law enforcement officials.  Consequences and appropriate remedial actions for students who commit an act of harassment, intimidation, bullying, or cyber-bullying range from positive behavior intervention up to and including suspension or expulsion.  Due process procedures for suspension and expulsion will be followed, as provided for under R.C. 3313.66.  The disciplinary procedures and Code of Conduct of the School shall be followed and shall not infringe on any student’s First Amendment rights under the United States Constitution.

All school personnel, volunteers, and students are required to report prohibited incidents of which they are aware to the Principal or their designee.  All other persons may report prohibited incidents of which they are aware to the Principal or their designee. Should any School employee, or School official who has authority to institute corrective measures on behalf of the School, receive notice of sexual harassment or allegations of sexual harassment, they shall immediately report it to the Title IX Coordinator. Anonymous communications, if necessary, may be made by telephone, electronic mail, or in writing. In the case of sexual harassment as defined by Title IX, the School shall follow the School’s Title IX Grievance Procedure. For all other incidents, the Principal or their designee is responsible for determining whether an alleged incident constitutes a violation of this policy.  In so doing, the Principal or their designee shall conduct a prompt and thorough investigation of the reported incident, and prepare a report documenting the prohibited incident that is reported (See Appendix 264.1-A Form for Reporting Incidents of Harassment Intimidation and Bullying). Once an investigation is completed, if the reported incident has been substantiated, the Parent of any Student involved in the prohibited incident shall be notified.  Semiannually, the Principal will provide the Board President with a written summary of all reported incidents.  To the extent permitted by R.C. 3319.321 and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), Parents have access to any written reports pertaining to the prohibited incident, and, if the School has a website, the School shall post this summary of reported incidents on the School website.  All School personnel, volunteers, and Students shall be individually immune from liability in a civil action for damages arising from reporting an incident in accordance with this policy promptly and in good faith.

The School prohibits reprisal or retaliation against any victim or person who reports an act of harassment, intimidation, or bullying.  The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the Principal or their designee after consideration of the nature and circumstances of the act, in accordance with School policies and procedures. 

Students are prohibited from deliberately making false reports of harassment, intimidation, or bullying, and Students who deliberately do so will be disciplined up to and including suspension or expulsion.

The School shall implement the following strategy for protecting victims from new or additional harassment, intimidation, or bullying, and from retaliation: supervise and discipline offending students fairly and consistently; provide adult supervision during recess, lunch time, bathroom breaks and in the hallways during times of transition; maintain contact with parents and guardians of all involved parties; provide counseling for the victim if assessed that it is needed; inform School personnel of the incident and instruct them to monitor the victim and the offending party for the indications of harassing, intimidating and bullying behavior.  Personnel are to intervene when prohibited behaviors are witnessed; check with the victim daily to ensure that there has been no incidents of harassment, intimidation, bullying, or retaliation from the offender or other parties.

Harassment, intimidation, and bullying behavior can take many forms and can vary dramatically in seriousness and impact on the targeted individual and other students.  Accordingly, there is no one prescribed response to verified acts of harassment, intimidation, and bullying.  While conduct that rises to the level of “harassment, intimidation, or bullying” will warrant disciplinary action whether and to what extent to impose disciplinary action (i.e., detention, in- and out-of-school suspension, or expulsion) is a matter left in the professional discretion of the Principal, or other decision-maker in the case of sexual harassment.  The following procedure sets forth possible interventions for the Principal to enforce the prohibition against harassment, intimidation, or bullying.  Anonymous complaints that are not otherwise verified, however, shall not be the basis for disciplinary action.

    1. Non-Disciplinary Interventions

When verified acts of harassment, intimidation, or bullying are identified early and/or when such verified acts do not reasonably require a disciplinary response, students may be counseled as to the definition of harassment, intimidation or bullying, its prohibition and their duty to avoid any conduct that could be considered harassing, intimidating or bullying.  If a complaint arises out of conflict between students or groups of students, peer mediation may be considered.  Special care, however, is warranted in referring such cases to peer mediation.  A power imbalance may make the process intimidating for the victim and therefore inappropriate.  The victim’s communication and assertiveness skills may be low and could be further eroded by fear resulting from past intimidation and fear of future intimidation.  In such cases, the victim should be given additional support.  Peer mediation may be deemed inappropriate to address the concern at the discretion of the School administration.

    1. Disciplinary Interventions

When acts of harassment, intimidation, and bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences.  In- and out-of-school suspension may be imposed only after informing the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation.  Expulsion may be imposed only after a hearing before the Board of Directors, a committee of the board or an impartial hearing officer designated by the Board of Directors in accordance with Board policy.  This consequence shall be reserved for serious incidents of harassment, intimidation, or bullying, and/or situations where past interventions have not been successful in eliminating prohibited behaviors.

Nothing in this policy prohibits a victim from seeking redress under any provision of Ohio or federal law that may apply.

To the extent state or federal funds are appropriate, the School shall require that all students enrolled in the School be provided with age-appropriate instruction of this policy annually, including a written or verbal discussion of the consequences for violations.  The School may form a prevention task force and/ or programs to educate students about this policy, such as holding an assembly on harassment, intimidation and bullying for Parents and Students, to raise the level of awareness and help prevent the prohibited conduct. 

The School shall incorporate training on this policy into the in-service training required under R.C. 3319.073.  The School may provide training, workshops, or courses to other Staff and volunteers who have direct contact with students. 

R.C. 3313.666, 3313.667, 3319.073

See also Policy 222 Title IX Grievance Procedure; Policy 271 Student Code of Conduct; Policy 273 Expulsion and Suspension; Policy 232 Technology and Internet Acceptable Use; Policy 234 Electronic Communication Devices; Policy 261 Student Expression; Policy 262 Student Bill of Rights/Responsibilities; and Policy 264 Sexual and Other Forms of Harassment.

 

● Semi-Annual Bullying and Harassment Reports

 

Policy 276 - Positive Behavioral Interventions and Supports, Seclusion and Restraint

This policy governs the use of positive behavioral methods and emergency safety interventions including seclusion and restraint.  Any use of emergency safety interventions that does not meet the requirements set forth below is prohibited.

Definitions

Aversive behavioral interventions:  an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including interventions such as: application of noxious, painful and/or intrusive stimuli, including any form of noxious, painful or intrusive spray, inhalants or tastes, or other sensory stimuli such as climate control, lighting, and sound.

Behavior Intervention Plan: a comprehensive plan for managing problem behavior by changing or removing contextual factors that trigger or maintain the behavior, by strengthening replacement skills, teaching new skills, and providing positive behavior intervention and supports and services to address the behavior.

Chemical Restraint:  a drug or medication used to control a student’s behavior or restrict freedom of movement that is not (A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and (B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.

De-escalation techniques:  are strategically employed verbal and non-verbal interventions used to reduce the intensity of threatening, violent, and disruptive behavior before a crisis occurs.

Functional Behavior Assessment (FBA):  is a collaborative problem-solving process used to describe the function or purpose that is served by a student’s behavior.  Understanding the function that an impeding behavior serves for the student assists directly in designing educational programs and developing behavior plans with a high likelihood of success.

Mechanical Restraint:  (A) any method of restricting a student’s freedom of movement, physical activity, or normal use of the student’s body, using an appliance or device manufactured for this purpose; and (B) does not mean devices used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including: (1) restraints for medical immobilization; (2) adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (3) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

Parent:  (A) a biological or adoptive parent; (B) a guardian generally authorized to act as the child’s parent, or authorized to make decisions for the child (but not the State if the child is a ward of the State); (C) an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; (D) a surrogate parent who has been appointed in accordance with O.A.C. 3301-51-05(E); and (E) any person identified in a judicial decree or order as the parent of the child or the person with authority to make educational decisions on behalf of the child.

Physical Escort:  the temporary touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose of inducing a student to move to a safe location.

Physical Restraint:  the use of physical contact that immobilizes or reduces the ability of a student to move their arms, legs, body, or head freely.  This does not include a physical escort, mechanical restraint, or chemical restraint, or brief, but necessary, physical contact for the following purposes: (A) to break up a fight; (B) to knock a weapon away from student’s possession; (C) to calm or comfort; (D) to assist a student in completing a task if the student does not resist the contact; or (E) to prevent a threat to the immediate safety of the student or others.

Positive Behavior Interventions and Supports (“PBIS”):  (A) a school-wide systematic approach to embed evidence-based practices and data driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students, and (B) that encompasses a wide range of systemic and individualized positive strategies to reinforce desired behaviors, diminishes reoccurrences of challenging behaviors, and teaches appropriate behavior to students.

Positive Behavior Interventions and Supports Leadership Team: the team at the School that plans, coaches and monitors implementation on PBIS. The team may include the a School administrator, teacher representatives across grade levels, and staff able to provide behavioral expertise, and other representatives identified by the district or school such as bus drivers, food service staff, custodial staff, and paraprofessionals.

Prone Restraint:  physical or mechanical restraint while the student is in a face down position.

Seclusion:  involuntary isolation of a student in a room, enclosure, or space from which the student is prevented from leaving by physical restraint or by a closed door or other physical barrier.

Student personnel:  teachers, principals, counselors, social workers, school resource officers, teachers’ aides, psychologists, bus driver, related service providers, nursing staff, or other School staff who interact directly with students.

Timeout:  a behavioral intervention in which a student, for a limited and specified time, is separated from the class within the classroom or in a non-locked setting for the purpose of self-regulating and controlling his or her behavior.  In a timeout, the student is not physically restrained or prevented from leaving the area by physical barriers.

Creation of Positive Behavioral Intervention and Supports

The School shall establish an evidence-based school wide system of positive behavioral interventions and supports that will apply in all settings to all students and staff.  The system shall include family involvement.  The School’s PBIS framework includes all of the following:

    1. A decision-making framework that guides selection, integration, and implementation of evidence-based academic and behavior practices for improving academic and behavior outcomes for all students;
    2. Data-based decision making to select, monitor, and evaluate outcomes, practices, and systems;
    3. Evidence-based practices along a multi-tiered continuum of supports;
    4. Systems that enable accurate and sustainable implementation of practices; and
    5. Progress monitoring for fidelity and target outcomes.

The School’s implementation of its PBIS framework includes:

    1. Explicit instruction of school-wide behavior expectations;
    2. A consistent systems of acknowledging and correcting behaviors;
    3. Teaching environments designed to eliminate behavior triggers; and
    4. Family and community involvement.

Prohibited Practices

The following are prohibited under all circumstances, including emergency safety situations:

    1. Prone restraint;
    2. Any form of physical restraint that involves the intentional, knowing, or reckless use of any technique that:
      1. involves the use of pinning down a student by placing knees to the student’s torso, head, or neck;
      2. uses pressure point, pain compliance, or joint manipulation techniques; or
      3. otherwise involves techniques that are used to unnecessarily cause pain.
    3. Corporal punishment;
    4. Child endangerment as defined in R.C. 2919.22;
    5. Deprivation of basic needs;
    6. Seclusion or restraint of preschool students (if any);
    7. Mechanical or chemical restraints;
    8. Aversive behavioral interventions;
    9. Seclusion of students in a locked room or area; or
    10. Any physical restraint that obstructs the student’s airway or impacts the student’s primary mode of communication.

Staff must:

    1. Be appropriately trained to protect the care, welfare, dignity, and safety of the student;
    2. Continually observe the student in restraint and/or seclusions for indications of physical or mental distress and seek immediate medical assistance if there is a concern;
    3. Use verbal and on-verbal communication strategies and research based de-escalation techniques in an effort to help the student regain control;
    4. Remove the student from physical restraint and/or seclusion immediately when the immediate risk of physical harm to self or others has dissipated;
    5. Conduct a de-briefing including all involved staff to evaluate the trigger for the incident, staff response, and methods to address the student’s behavioral needs; and
    6. Complete all required reports and document staff observations of the students.

Restraint

Restraint may be used only in a manner that is age and developmentally appropriate, when there is an immediate risk of physical harm to the student or to others and no other safe and effective intervention is possible. Physical restraint must be performed by trained staff, except in the case of an unavoidable emergency situation.

Physical restraint may not be used for punishment, discipline, or as a substitute for other less restrictive means of assisting a student in regaining control, and should be used only as a last resort.

Seclusion

Seclusion may be used as a last resort for the student to regain control; it is age and developmentally appropriate; there is an immediate risk of physical harm to the student or others; and there is no other safe and effective intervention available.

Seclusion shall not be: used for punishment or discipline; as a substitute for an education program; as a substitute for inadequate staffing, or for staff training in PBIS frameworks and crisis management; for the convenience of staff; as a means to coerce or retaliate; in a manner that endangers the student; or, as a substitute for other less restrictive means of assisting the student in regaining control reflective of the cognitive, social, and emotional levels of the student.

The room or area used for seclusion cannot be locked, and must allow for the student to exit the area should the staff become incapacitated or leave the area.  The room or area must also provide for adequate space, lighting, ventilation, and the ability to observe the student. The student must be under constant supervision by staff trained to detect indications of physical or mental distress that require removal and/or immediate medical assistance and who document their observations of the student.

Multiple Incidents and Functional Behavioral Assessment

For students eligible for special education per the Individuals with Disabilities Education Act (“IDEA”) or who have a Section 504 Plan, the Scholl shall convene the IEP team or Section 504 team within ten (10) school days after the third incident of seclusion or physical restraining in a school year. The IEP team or Section 504 team will consider the need to conduct a functional behavioral assessment (“FBA”).  If necessary, this FBA should be followed by a behavioral intervention plan (“BIP”), or an amendment to an existing BIP, that incorporates appropriate positive behavioral interventions.

Training and Professional Development

The School PBIS Leadership Team or other qualified training shall train all staff working with students at least every three (3) years on the requirements of this policy and shall keep written or electronic documentation of the type of training and the participants. Professional development will include:

An overview of PBIS;

The process for teaching behavioral expectations;

Data collection;

Implementation of PBIS with fidelity;

Consistent systems of feedback to students for appropriate behavior and corrections; and

Consistency in discipline and disciplinary referrals.

The School shall also ensure that an adequate number of personnel in each building are trained annually in crisis management and de-escalation techniques, as well as the safe use of physical restraint and seclusion, and that their training is kept current.  The minimum training requirements include:

    1. Proactive measures to prevent the use of seclusion or restraint;
    2. Crisis management;
    3. Documentation and communication about the restraint or seclusion with appropriate parties;
    4. The safe use of restraint and seclusion;
    5. Instruction and accommodation for age and body size diversity;
    6. Directions for monitoring signs of distress during and following physical control; and
    7. Debriefing practices and procedures.

Training must include face-to-face training and allow for a simulated experience of administering and receiving physical restraint. The School shall maintain documentation that includes the following:

    1. The name and position of each person who completed training;
    2. The name, position, and credentials of each person who provided the training;
    3. When the training was completed; and
    4. What protocols, techniques, and materials were included in training.

Student personnel will be trained to perform the following functions:

    1. Identify conditions such as: where, under what conditions, with whom and why specific inappropriate behavior may occur; and
    2. Use preventative assessments that include at least the following:
    3. A review of existing data;
    4. Input from parents, family members, and students; and
    • Examination of previous and existing behavior intervention plans.

The School shall ensure that there is a support plan in place for substitute teachers if the individual needs assistance with PBIS or crisis management and de-escalation.

Required Data and Reporting

Staff must document each use of seclusion or restraint and report it to the building administration and the parent immediately. A written report of the incident must be created, given to the parent within twenty-four (24) hours of the incident, and placed in the student’s file.  This report is subject to the Family Educational Rights and Privacy Act.

The School shall report information concerning its use of seclusion and restraint annually to, and as requested by, the Ohio Department of Education.

The School shall give notice of this policy to parents annually, and shall post this policy on its website.

Monitoring and Complaint Procedures

The School shall review this policy on an annual basis.

A Parent may submit written complaints regarding an incident of seclusion or restraint to the School, and the Principal or their designee will investigate every complaint and make a reasonable effort to have an in-person follow-up meeting with the parent within 30 days of the complaint’s filing.

Parents may choose to file a complaint with the Ohio Department of Education, Office of Integrated Student Supports, in accordance with the complaint procedures established by the Department.

O.A.C. 3301-35-15; R.C. 3319.46.

Policy 453 - Wellness Policy

The School believes that healthy students are more likely to successfully complete their formal education.  The School recognizes that it plays an important role in the development of students’ health and nutrition habits by providing nutritious meals and snacks, supporting the development of good eating habits, and promoting increased physical activity. 

The Board sets forth the following goals in an effort to enable students to establish good health and nutrition habits: 

Nutrition Promotion and Education Goals

    • The School shall provide for interdisciplinary, sequential skill-based health education that supports hands-on classroom activities that promote health and reduce obesity.
    • Nutrition and healthy living skills shall be integrated into the classroom curriculum when appropriate.
    • Students in grades pre-K – 12 shall receive nutrition education that is interactive and teaches the skills they need to adopt healthy eating behaviors.
    • Nutrition education shall be offered and promoted in the School cafeteria as well as in the classroom with coordination between the foodservice staff and teachers.
    • Nutrition education and promotion information will be shared with parents and the community.

Physical Education and Activity Goals

    • Students shall be provided opportunities for physical activity during the school day through physical education classes, daily recess periods for elementary students, and the integration of physical activity in the classroom.
    • Physical education classes shall stress physical fitness, encourage healthy, active lifestyles and consist of physical activities as part of the curriculum.
    • Physical activity will not be used as a form of discipline or punishment.
    • Physical activity and promotion information will be shared with parents and the community.
    • The School shall encourage parents and the community to support physical activity, to be physically active role models, and to include physical activity at events.

Other School Based Activities

    • School based activities shall promote student wellness and, if appropriate, shall encourage nutrition and physical education.
    • Nutrition shall be considered when planning school-based activities such as classroom snacks, fundraisers, etc.
    • The School will provide students with a clean and safe environment and adequate time for eating meals.

Nutrition Guidelines

    • In accordance with the School’s Food Standards Policy, the food service program shall comply with Federal and State regulations pertaining to the selection, preparation, consumption, and disposal of food and beverages sold in the School.
    • Any food provided outside of the food service program, but not sold during the school day on the School premises, shall align with the goals and standards stated in this Wellness Policy.
    • Marketing of foods and beverages at the School during the school day shall be limited to those foods and beverages that meet the standards set forth in the School’s Food Standard Policy. The Board reserves the right to further limit marketing of food and beverages. 
    • The food service program will provide all students affordable access to a variety of nutritious foods.

Implementation and Evaluation

    • The Principal shall ensure that the School implements, complies with, and annually evaluates this Policy.
    • The School will consult with administrators, board members, parents, students, community members, school health professionals, physical education teachers (if applicable), or representatives of the school food authority. The committee will be provided the opportunity to participate in the development, implementation, periodic review, and update of the Policy.  In developing or updating goals, the committee will review and consider evidence-based strategies and techniques.
    • At least once every three (3) years, the School will measure the implementation of this Policy, focusing specifically on the extent to which the School has complied with the Policy, the extent to which the Policy compares to model local wellness policies, and the extent to which the School has progressed toward achieving its stated goals in the Policy. The School will create a written assessment for each periodic measurement that it will disseminate to students, their families, and other members of the community or post on its website.  The School will make appropriate modifications to this Policy, if necessary, based on this assessment.
    • At the start of each school year, the School will disseminate this Policy and information about its implementation to families of school children and other members of the community or post it on its website and will notify such individuals of changes to the Policy in the same manner.

The School shall retain documentation demonstrating compliance with this Policy, including requirements related to community involvement, triennial assessments of this Policy, and public dissemination of this Policy and any updates thereto.

42 U.S.C. 1758b; 42 U.S.C. 1771; 7 CFR 210.31; R.C. 3313.814; R.C. 3313.816; R.C. 3313.817

Title IX Information

Policy 222 - Title IX Coordinator

The School intends to comply with Title IX of the Education Amendments Act of 1972, which states, in part: “No persons in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving financial assistance….”

As such, the School does not discriminate on the basis of sex in its education program or activities, and is required by Title IX and its regulations not to discriminate in such a manner. This requirement not to discriminate in the education program or activity extends to admission and employment.

The following person shall be the Compliance Officer/Title IX Coordinator and is responsible for investigating any complaint alleging noncompliance with Title IX.

Stephanie Hamburger
Director of Operations
33 North Grubb Street
Columbus, Ohio 43215

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the 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 electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

Inquiries about the application of Title IX and its regulations to the School may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department, or both.

Additional Resources

Policy 222.1 - Title IX Grievance Procedure

The Title IX Grievance Procedure listed below is meant to provide for prompt and equitable resolution of student and employee complaints. 

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the 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 electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

Should any School employee, or School official who has authority to institute corrective measures on behalf of the School, receive notice of sexual harassment or allegations of sexual harassment, they shall immediately report it to the Title IX Coordinator.

If a report involves allegations by or involving the Title IX Coordinator, the person making the report should submit it to the Superintendent. The Superintendent will then serve in place of the Title IX Coordinator for purposes of addressing that report. If the Superintendent is the Title IX Coordinator, the person making the report should submit it to the Board President.

Grievance Process for Complaints Not Alleging Sexual Harassment

Level I – Informal Procedure

Upon receiving a report of sexual discrimination that does not allege sexual harassment (as defined below), the Title IX Coordinator shall facilitate resolution through an informal procedure, if possible. This informal procedure is not required as a precursor to the filing of a complaint. The informal procedure is only available in those circumstances where the parties agree to participate in it. Individuals who believe that they have been unlawfully sexually discriminated/retaliated against may proceed immediately to the complaint procedure and individuals who seek resolution through the informal procedure may request that the informal procedure be terminated at any time to move to the complaint procedure. While there are no set time limits within which an informal procedure must be resolved, the Title IX Coordinator or their designee will exercise their authority to attempt to resolve the informal procedure within fifteen (15) business days of receiving the report.

Parties who are dissatisfied with the results of the informal procedure may proceed to file a complaint with the Title IX Coordinator.

Level II – Complaint Procedure

If a report is not resolved through the informal procedure, if one of the parties requests that the informal procedure be terminated to move to the complaint procedure, or if the individual elects to file a complaint initially, the complaint procedure shall be implemented. The School also reserves the right to investigate and resolve a complaint or report of sex discrimination/retaliation regardless of whether the individual alleging the unlawful discrimination/retaliation pursues a complaint.

The complaint should be in writing and state the date and nature of the alleged discrimination/retaliation and the relief sought. If the grievant is a student, the Title IX Coordinator shall assist in preparing the written complaint.

Upon receipt of the written complaint of sexual discrimination that does not allege sexual harassment, the Title IX Coordinator or their designee shall begin an investigation. The investigation will include, but not be limited to, interviews and a consideration of documentation or other information presented by any party that is reasonably believed to be relevant to the allegations, as applicable. Although certain cases may require additional time, the Title IX Coordinator or their designee will attempt to complete an investigation into the allegations of discrimination/retaliation within fifteen (15) business days of receiving the written complaint. The School reserves the right to have the complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Board or its designee.

If an individual is alleged to have engaged in discrimination/retaliation, that individual shall be presumed to not be responsible for the alleged conduct until the conclusion of the complaint procedure. That individual must also be informed of the opportunity to submit a written response to the complaint within five (5) business days.

At the conclusion of the investigation, the Title IX Coordinator or their designee shall issue a written decision to the parties.

Level III – Appeal

If the student or employee believes that there still is a basis for a grievance, he or she may make a written statement of appeal to the Board.  This written statement of appeal must be filed within ten (10) business days of the date of the Title IX Coordinator’s decision

The Board or its designee (1-3 members of the Board) shall make a decision on the grievance appeal in a timely manner (ordinarily, within fifteen (15) business days of the appeal being received), and shall give that decision in writing to the Title IX Coordinator and the Student or employee.

Grievance Process for Complaints of Sexual Harassment

Definitions

For purposes of this grievance process,

Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the School investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the School with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator.

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

Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the School conditioning the provision of an aid, benefit, or service of the School on an individual’s participation in unwelcome sexual conduct;

(2) 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 School’s education program or activity; or

(3) “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” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the School’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the School’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The School must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the School to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Training

Any individual designated by the School as a Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal resolution process, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. In addition, these individuals shall 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.

All Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, shall receive training on the definition of sexual harassment, the scope of the School’s education program or activity, how to conduct an investigation and grievance process (including hearings, 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 School will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, and that decision-makers receive training on any technology to be used at a live hearing, and 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.

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

Presumption of No Responsibility

Throughout this grievance procedure, there shall be a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. In addition, the School shall 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.

The School must comply with this grievance process before the imposition of any disciplinary sanctions, or other actions that are not supportive measures, against a respondent.

The investigation of the grievance shall include an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and credibility determinations may not be based on a person’s status as a complainant, respondent, or witness. The standard of evidence to be used to determine responsibility will be the preponderance of the evidence standard.

Good Cause Delay

There may be a temporary delay of the grievance process or a limited extension of time-frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as 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.

Level I – Response to Report

Upon receiving a report of sexual harassment, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. The School will maintain as confidential any supportive measures provided before or after the filing of a formal complaint or where no formal complaint has been filed, to the extent that maintaining such confidentiality would not impair the ability of the School to provide the supportive measures.

Level II – Formal Complaint

Upon receipt of a formal complaint (or later as additional allegations become known), the School will provide the following written notice to the parties who are known:

(A) Notice of the School’s grievance process that complies with this section, including any informal resolution process.

(B) Notice of the allegations of sexual harassment potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence. The written notice must also inform the parties of any provision in the School’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the School decides to investigate allegations about the complainant or respondent that are not included in the foregoing notice provided, the School must provide notice of the additional allegations to the parties whose identities are known.

The School may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Investigation:

The Title IX Coordinator or their designated investigator will investigate the allegations in a formal complaint. When investigating a formal complaint and throughout the grievance process, the Title IX Coordinator or their designated investigator must:

(A) Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the School and not on the parties provided that the School cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the School obtains that party’s voluntary, written consent to do so for a grievance process (if a party is not an “eligible student,” as defined in 34 CFR 99.3, then the School must obtain the voluntary, written consent of a “parent,” as defined in 34 CFR 99.3);

(B) Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;

(C) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;

(D) Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the School may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties;

(E) Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;

(F) Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the School does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the School must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least ten (10) business days to submit a written response, which the investigator will consider prior to completion of the investigative report; and

(G) Create an investigative report within thirty (30) business days of receipt of a formal complaint that fairly summarizes relevant evidence and, at least ten (10) business days prior to a time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

Question and Answer Period

After the School has sent the investigative report to the parties, the Title IX Coordinator or their designated investigator shall submit the investigative report to a  decision-maker(s) to reach a determination regarding responsibility. The decision-maker(s) cannot be the same person(s) as the Title IX Coordinator or the investigator(s).

Before reaching a determination regarding responsibility, the decision-maker(s) must afford each party five (5) business days to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. However, 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 that someone other than the respondent committed the conduct alleged by the complainant, or 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. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.

Dismissal

The School must investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment even if proved, did not occur in the School’s education program or activity, or did not occur against a person in the United States, then the School must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX. However, such a dismissal does not preclude action under another provision of the School’s code of conduct.

The School may also dismiss the formal complaint or any allegations therein, if at any time during the investigation: a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the School; or specific circumstances prevent the School from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. 

Upon a dismissal, the School will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

Determination Regarding Responsibility

The decision-maker(s) must issue a written determination regarding responsibility within twenty-five (25) business days of receiving the investigative report.

The written determination must include:

(A) Identification of the allegations potentially constituting sexual harassment;

(B) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;

(C) Findings of fact supporting the determination;

(D) Conclusions regarding the application of the School’s code of conduct to the facts;

(E) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the School imposes on the respondent, and whether remedies designed to restore or preserve equal access to the School’s education program or activity will be provided by the School to the complainant; and

(F) The School’s procedures and permissible bases for the complainant and respondent to appeal.

The School must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the School provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

If a determination of responsibility for sexual harassment has been made against a respondent, the School will provide remedies to a complainant. The Title IX Coordinator is responsible for effective implementation of any remedies. Possible remedies to the complainant that the School may implement include: counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures or individualized services offered as may be appropriate and reasonably available, without fee or charge to the complainant, that are designed to restore or preserve equal access to the School’s education program or activity, to protect the safety of the complainant or the School’s educational environment, or to deter sexual harassment.

Possible disciplinary sanctions the School may implement following any determination of responsibility by the respondent may include: suspension, expulsion, reprimand, documenting the occurrence in the personnel file, referral to counseling, withholding of a promotion, demotion, reassignment, temporary suspension without pay, termination of employment, or any other disciplinary measures outlined in the School’s code of conduct or Staff Handbook.

Level III – Appeal

Either the complainant or respondent, or their parent or guardian, may appeal from a determination regarding responsibility or from a dismissal of a formal complaint, or any allegations therein. Any such appeal shall be received by the Title IX Coordinator in writing within ten (10) business days of the determination.

The appeal may be on one or more of the following bases:

(A) Procedural irregularity that affected the outcome of the matter;

(B) 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

(C) The 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 Title IX Coordinator shall give the written appeal to an appeal decision-maker(s) for decision. The decision-maker on appeal cannot be the same person(s) as the initial decision-make, the Title IX Coordinator, or the investigator(s).

Within three (3) business days of receipt, the Title IX Coordinator shall also provide notice to the other party in writing that the appeal was filed. Each party shall then be provided five (5) business days to submit a written statement in support of, or challenging, the outcome.

Within ten (10) business days after the time to submit a written statement has passed, the decision-maker on appeal shall issue a written decision describing the result of the appeal and the rationale for the result, and provide the written decision simultaneously to both parties.

For all appeals, the School must ensure that the decision-maker(s) for the appeal: (i) not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent; (ii) receive training on the definition of sexual harassment, the scope of the School’s education program or activity, how to conduct an investigation and grievance process including hearings, 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; (iii) 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; and (iv) receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Office for Civil Rights

If the student (or their parent or guardian) or employee is not satisfied with the grievance process determination, he or she may appeal it to the Office for Civil Rights. However, use of this internal complaint procedure is not a prerequisite to the pursuit of other remedies.

A student (or their parent or guardian) or employee who believes there is a basis for a grievance related to Title IX may file a written complaint with the Office for Civil Rights, U.S. Department of Education, 600 Superior Avenue East, Suite 750, Cleveland, Ohio 44114-2611.  Any such written complaint must be filed within one hundred eighty (180) days from the date of the alleged discrimination, or, if this grievance procedure is utilized, within sixty (60) days after the last act of the grievance process.

Informal Resolution Process

The School may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

Similarly, the School may not require the parties to participate in an informal resolution process, and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility the School may facilitate an informal resolution process that does not involve a full investigation and adjudication, provided that the School:

(A) Provides to the parties a written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(B) Obtains the parties’ voluntary, written consent to the informal resolution process; and

(C) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Any such informal resolution process should not exceed ten (10) business days.

Emergency Removal

Nothing in this grievance procedure precludes the School from removing a respondent from the School’s education program or activity on an emergency basis, provided that the School undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. However, this provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

Administrative Leave

Nothing in this grievance procedure precludes the School from placing a non-student employee respondent on administrative leave during the pendency of a grievance process. However, this provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

Recordkeeping

The School must maintain for a period of seven years records of:

(A) Each sexual harassment investigation including any determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the School’s education program or activity;

(B) Any appeal and the result therefrom;

(C) Any informal resolution and the result therefrom; and

(D) All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The School must make these training materials publicly available on its website, or if the School does not maintain a website the School must make these materials available upon request for inspection by the public.

For each response to a report or formal complaint of sexual harassment in an education program or activity, the School must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the School must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the School’s education program or activity. If the School does not provide a complainant alleging sexual harassment with supportive measures, then the School must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the School in the future from providing additional explanations or detailing additional measures taken.

Retaliation Prohibited

Neither the School, nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this grievance procedure, 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 proceeding in this grievance procedure. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this grievance procedure, constitutes retaliation.

The School must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination complaints not alleging sexual harassment. The exercise of rights protected under the First Amendment does not constitute prohibited retaliation under this grievance procedure. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of this grievance procedure does not constitute prohibited retaliation under this grievance procedure, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Designations

The School retains discretion to designate suitably qualified persons to fulfill any function under this policy, including, but not limited to, Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor.

The School also retains discretion to appoint two or more persons to jointly fulfill the role of Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor.

The Superintendent and/or Title IX Coordinator may delegate functions assigned to a specific individual under this policy, including but not limited to the functions assigned to the Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor, to any suitably qualified individual and such delegation may be rescinded at any time. 

See 34 CFR part 106; see also Policy 221, Policy 222, and Appendices 221.1-A through 221.1-J.

Title IX Training Materials

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