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- Title IX
Non-Discrimination
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The Agua Fria Union High School District does not discriminate on the basis of race, color, national origin, sex, age, disability, veteran or military status, religion, or genetic information in the admission or access to, treatment or employment in its educational programs or activities.
This prohibition includes all forms of sex discrimination, including sexual harassment, sexual assault and relationship violence which are also prohibited by Title IX of the Education Amendments of 1972:
"No person 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 federal financial assistance"
Inquiries or complaints concerning discrimination may be referred to the District’s Compliance Officer: Ms. Tamee Gressett, 623-932-7000 ext.7003, TGressett@aguafria.org
Title IX
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- Federal civil rights law, passed as part of the Education Amendment Act of 1972.
- This law protects individuals from discrimination based on sex in education programs or activities that receive Federal financial assistance.
- Under Title IX “No person 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 Federal financial assistance.”
- Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies.
- Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner.
- A recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified or participated in any complaint action under Title IX.
Visit the Arizona Department of Education for more Title IX Civil Rights information.
Under Title IX, Sexual harassment is conduct on the basis of sex in one or more of the following:
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- A school employee conditions the provision of an aid, benefit, or service of the school on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct that a reasonable person would find 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
- Sexual assault, dating violence, domestic violence, or stalking.
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AFUHSD Non-Discrimination/Equal Opportunity
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Reporting Sexual Harassment
Any person may make a report of sexual harassment regardless of whether the person reporting is the person alleged to be the victim of the reported conduct or not.
Reports may be made in person, by mail, telephone, online form submission, or email Human Resources. Reports may also be made to the Assistant Secretary, Office of Civil Rights, at the U.S. Department of Education.
Reports may be made at any time, including non-business hours, by using the telephone number or email.
The district will respond promptly when any school employee has been given notice of sexual harassment.
Upon receipt of a report of sexual harassment, the Title IX Coordinator or Deputy Title IX Coordinator will contact the alleged victim to inform them of the following:
- Their right to file a formal complaint.
- How to file a formal complaint.
- Free supportive measures available to them with or without filing a formal complaint.
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Filing a Formal Complaint
The formal complaint is the official document alleging sexual harassment, which can be filed by the student, employee, parent, or Title IX Coordinator. Once a formal complaint is filed and signed by the Title IX Coordinator, the district’s grievance procedure is followed to provide a prompt and equitable resolution of complaints from students and employees alleging sexual harassment.
The grievance procedure requires the following steps be taken:
- Both the complainant (alleged victim) and the respondent (alleged abuser) will receive written notice of the complaint with sufficient details to allow respondent to prepare a response.
- Respondent is presumed innocent.
- An investigation will be initiated after the written notice has been sent to both the complainant and the respondent.
- A written investigative report will be prepared and made available for both parties to review. Both parties will have 10 days to respond to the evidence in writing.
- Evidence from the investigation will be objectively evaluated to reach conclusions about whether or not the respondent is responsible for the alleged sexual harassment.
- The standard of evidence used is the preponderance of evidence standard.
- A written determination will be prepared and provided to both parties, along with information on how to appeal.
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Informal versus Formal Process and Procedures
Informal
- Supportive measures are offered
- Interview witnesses
- Research additional information such as text messages, computer information, and recordings
- Review information
- Determine if a policy violation has occurred
- For students found in violation, issue school consequences, based on the Student Code of Conduct.
- For staff found in violation, issue discipline measures, based on Governing Board Policy.
Title IX Formal Complaint
- Approximately 60 days from the date formal complaint is submitted.
- Supportive measures are offered
- Dates and times are set up to interview witnesses, complainant, and respondent
- Evidence continues to be gathered
- Evidence and statements are shared with both parties
- Respondent and complainant have 10 days to write a written response to the evidence, after signing a nondisclosure agreement
- Investigator will complete an investigative report, which is submitted to the complainant, respondent, and decision-maker
- Decision-maker will determine the responsibility and consequences
- All evidence and information pertaining to the incident(s) are then retained by the district for 7 years
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Retaliation
Neither the district nor any 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 because the individual has in good faith made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation.
