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SHIPMAN-RECOMMENDED REGULATION (NEW)
4118.112R
PERSONNEL
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL)
ADMINISTRATIVE REGULATIONS
It is the policy of the Colchester Board of Education (the “Board”) for the Colchester Public
Schools (the “District”) that any form of sex discrimination or sexual harassment is prohibited in
the Board’s education programs and activities, whether by students, Board employees or third
parties subject to substantial control by the Board. Discrimination or harassment on the basis of
sex includes discrimination or harassment on the basis of gender identity or sexual orientation.
Students, District employees and third parties are expected to adhere to a standard of conduct
that is respectful of the rights of students, District employees, and third parties. It is the policy
of the Board to maintain a working environment free from harassment, insults or intimidation
on the basis of an employee's sex and free from discrimination based on sex. Verbal or physical
conduct by a supervisor or co-worker relating to an employee's sex that has the effect of
creating an intimidating, hostile or offensive work environment, unreasonably interfering with
the employee's work performance, or adversely affecting the employee's employment
opportunities is prohibited.
Any employee or student who engages in conduct prohibited by the Board’s Policy regarding the
Prohibition of Sex Discrimination and Sexual Harassment (Personnel) shall be subject to
disciplinary action. Any third party who engages in conduct prohibited by the Board’s Policy
regarding the Prohibition of Sex Discrimination and Sexual Harassment (Personnel) shall be
subject to remedial measures, which may include exclusion from school property.
Sex discrimination occurs when a person, because of the person’s sex, is denied participation in
or the benefits of any education program or activity receiving federal financial assistance.
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more
of the following:
1. An employee of the Board conditioning the provision of an aid, benefit, or service
of the Board on an individual’s participation in unwelcome sexual conduct (i.e.,
quid pro quo);
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 District’s education programs or activities; or
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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). These definitions
can be found in Appendix A of these Administrative Regulations.
Sexual harassment under Title VII and Connecticut law means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
working environment.
Although not an exhaustive list, the following are other examples of conduct prohibited by the
Board’s Policy regarding the Prohibition of Sex Discrimination and Sexual Harassment
(Personnel):
1. Unwelcome sexual advances from a co-worker or supervisor, such as unwanted
hugs, touches, or kisses;
2. Unwelcome attention of a sexual nature, such as degrading, suggestive or lewd
remarks or noises;
3. Dirty jokes, derogatory or pornographic posters, cartoons or drawings;
4. The threat or suggestion that continued employment advancement, assignment
or earnings depend on whether or not the employee will submit to or tolerate
harassment;
5. Circulating, showing, or exchanging emails, text messages, digital images or
websites of a sexual nature;
6. Using computer systems, including email, instant messaging, text messaging,
blogging or the use of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by the Board’s Policy
regarding the Prohibition of Sex Discrimination and Sexual Harassment
(Personnel).
NOTICE OF THE TITLE IX COORDINATOR
The District’s Title IX Coordinator is the Director of Pupil Services and Special Education. Any
individual may make a report of sex discrimination and/or sexual harassment to any District
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employee or directly to the Title IX Coordinator using any one, or multiple, of the following
points of contact:
Director of Pupil Services and Special Education
380 Norwich Avenue, Colchester, CT 06415, 860.537.3103
Any District employee in receipt of allegations of sex discrimination or sexual harassment, or in
receipt of a formal complaint, shall immediately forward such information to the Title IX
Coordinator. The Title IX Coordinator manages the District’s compliance with Title IX, Title VII
and Connecticut law with respect to sexual harassment and/or sex discrimination and is an
available resource to anyone seeking information or wishing to file a formal complaint of same.
When a student, District employee, or other participant in the District’s programs and activities
feels that such person has been subjected to discrimination on the basis of sex in any District
program or activity, including without limitation being subjected to sexual harassment, such
person may contact the Title IX Coordinator or utilize the Title IX, Title VII and Connecticut law
grievance systems set forth herein to bring concerns forward for the purpose of obtaining a
prompt and equitable resolution.
EXPLANATION OF COMPLAINT PROCESS AND PROCEDURE
The federal regulations implementing Title IX require the adoption and publication of two
separate grievance systems: a grievance process for complaints of sex discrimination involving
allegations of sexual harassment and grievance procedures for complaints of sex discrimination
that are not sexual harassment. Accordingly, the Administration will process any complaints of
sex discrimination involving allegations of sexual harassment, as defined above, pursuant to the
grievance process set forth in Section I of these regulations. The Administration will process
any complaints of sex discrimination that are not sexual harassment pursuant to the grievance
procedures set forth in Section II of these regulations.
The District will keep confidential the identity of any individual who has a 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 Family Educational Rights and Privacy Act (FERPA), or as required by law, or to
carry out the purposes of these Administrative Regulations, including the conduct of any
investigation, hearing, or judicial proceeding arising from these Administrative Regulations.
The obligation to comply with Title IX is not obviated or alleviated by the FERPA.
SECTION I: GRIEVANCE PROCESS FOR COMPLAINTS OF SEXUAL HARASSMENT UNDER TITLE IX
A. Definitions
● Bias occurs when it is proven that the Title IX Coordinator, investigator(s),
and/or decision-maker(s) demonstrate actual bias, rather than the
appearance of bias. Actual bias includes, but is not limited to,
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demonstrated personal animus against the respondent or the complainant
and/or prejudgment of the facts at issue in the investigation.
● Complainant means an individual who is alleged to be the victim of conduct that could
constitute sexual harassment.
● A conflict of interest occurs when it is proven that the Title IX Coordinator,
investigator(s), and/or decision-maker(s) have personal, financial and/or familial
interests that affected the outcome of the investigation.
● Consent means an active, clear and voluntary agreement by a person to engage in sexual
activity with another person (also referred to hereafter as “affirmative consent”).
● For the purposes of an investigation conducted pursuant to these Administrative
Regulations, the following principles shall be applied in determining whether consent for
sexual activity was given and/or sustained:
A. Affirmative consent is the standard used in determining whether consent to
engage in sexual activity was given by all persons who engaged in the sexual
activity.
B. Affirmative consent may be revoked at any time during the sexual activity by any
person engaged in the sexual activity.
C. It is the responsibility of each person engaging in sexual activity to ensure that
the person has the affirmative consent of all persons engaged in the sexual
activity to engage in the sexual activity and that the affirmative consent is
sustained throughout the sexual activity.
D. It shall not be a valid excuse to an alleged lack of affirmative consent that the
respondent to the alleged violation believed that the complainant consented to
the sexual activity:
(i) because the respondent was intoxicated or reckless or failed to take
reasonable steps to ascertain whether the complainant affirmatively
consented, or
(ii) if the respondent knew or should have known that the complainant was
unable to consent because such individual was unconscious, asleep,
unable to communicate due to a mental or physical condition, unable to
consent due to the age of the individual or the age difference between
the individual and the respondent, or incapacitated due to the influence
of drugs, alcohol or medication.
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E. The existence of a past or current dating or sexual relationship between the
complainant and the respondent, in and of itself, shall not be determinative of a
finding of consent.
For purposes of investigations and complaints of sexual harassment, education program or
activity includes locations, events, or circumstances over which the Board exercises substantial
control over both the respondent and the context in which the sexual harassment occurs.
Employee means (A) a teacher, substitute teacher, school administrator, school superintendent,
guidance counselor, school counselor, psychologist, social worker, nurse, physician, school
paraprofessional or coach employed by the Board or working in a public elementary, middle or
high school; or (B) any other individual who, in the performance of the individual’s duties, has
regular contact with students and who provides services to or on behalf of students enrolled in
a public elementary, middle or high school, pursuant to a contract with the Board.
Formal complaint means a document filed by a complainant or signed by the Title IX
Coordinator alleging sexual harassment (as defined under Title IX) against a respondent and
requesting that the Administration investigate the allegation of sexual harassment. A
“document filed by a complainant” means a document or electronic submission that contains
the complainant’s physical or digital signature, or otherwise indicates that the complainant is
the person filing the formal complaint.
Respondent means an individual who has been alleged to be the perpetrator of conduct that
could constitute sexual harassment.
School days means the days that school is in session as designated on the calendar posted on
the Board’s website. In its discretion, and when equitably applied and with proper notice to the
parties, the District may consider business days during the summer recess as “school days” if
such designation facilitates the prompt resolution of the grievance process.
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 District’s
education program or activity without unreasonably burdening the other party, including
measures designed to protect the safety of all parties or the District’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, mutual
restrictions on contact between the parties, increased security and monitoring, and other
similar measures.
B. Reporting Sexual Harassment
1. It is the express policy of the Board to encourage victims of sexual harassment to
report such claims. Any person may report sexual harassment (whether or not the
person reporting is the person alleged to be the victim of conduct that could
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constitute sexual harassment), in person, by mail, by telephone, or by electronic
mail, using the contact information listed for the Title IX Coordinator. If the District
receives notice of sexual harassment or alleged sexual harassment against a person
in the District’s education program or activity, the Title IX Coordinator will promptly
contact the complainant to discuss the availability of supportive measures, whether
or not the complainant files a formal complaint, and will consider the complainant’s
wishes with respect to such measures. If the complainant has yet to file a formal
complaint, the Title IX Coordinator will explain to the complainant the process for
doing so.
2. The District will treat complainants and respondents equitably. A respondent is
presumed not responsible for the alleged conduct and a determination regarding
responsibility will be made at the conclusion of the grievance process if a formal
complaint is filed. Nothing in these Administrative Regulations shall preclude the
District from placing an employee respondent on administrative leave during the
pendency of the grievance process. Further, nothing in these Administrative
Regulations shall limit or preclude the District from removing a respondent from the
District’s education program or activity on an emergency basis, provided that the
District undertakes an individualized safety and risk analysis, and 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. If a respondent is
removed on an emergency basis, the District shall provide the respondent with
notice and an opportunity to challenge the decision immediately following the
removal.
C. Formal Complaint and Grievance Process
1. 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.
At the time of filing a formal complaint, a complainant must be participating in or
attempting to participate in the District’s education programs or activity. A formal
complaint may be signed by the Title IX Coordinator. If the formal complaint being
filed is against the Title IX Coordinator, the formal complaint should be filed with the
Superintendent. If the formal complaint being filed is against the Superintendent,
the formal complaint should be filed with the Board Chair, who will then retain an
independent investigator to investigate the matter.
2. The District 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. If
possible, formal complaints should be filed within ten (10) school days of the alleged
occurrence in order to facilitate the prompt and equitable resolution of such claims.
The District will attempt to complete the formal grievance process within ninety (90)
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school days of receiving a formal complaint. This timeframe may be temporarily
delayed or extended in accordance with Subsection G of this Section.
3. Upon receipt of a formal complaint, if the Title IX Coordinator has not already
discussed the availability of supportive measures with the complainant, the Title IX
Coordinator will promptly contact the complainant to discuss the availability of such
measures and consider the complainant’s wishes with respect to them. The Title IX
Coordinator or designee may also contact the respondent, separately from the
complainant, to discuss the availability of supportive measures for the respondent.
The District will 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 District to provide such supportive measures.
4. Within ten (10) school days of receiving a formal complaint, the District will provide
the known parties with written notice of the allegations potentially constituting
sexual harassment under Title IX and a copy of this grievance process. The written
notice must also include the following:
i. The identities of the parties involved in the incident, if known;
ii. The conduct allegedly constituting sexual harassment as defined above;
iii. The date and the location of the alleged incident, if known;
iv. 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;
v. A statement that the parties may have an advisor of their choice, who
may be, but is not required to be, an attorney, and may inspect and
review evidence; and
vi. A statement of any provision in the District’s policies that prohibits
knowingly making false statements or knowingly submitting false
information during the grievance process.
If, in the course of an investigation, the District decides to investigate allegations about
the complainant or respondent that are not included in the written notice, the District
must provide notice of the additional allegations to the parties whose identities are
known.
5. The parties may have an advisor of their choice accompany them during any grievance
proceeding at which the party’s attendance is required. The District may, in its
discretion, establish certain restrictions regarding the extent to which an advisor may
participate in the proceedings. If any such restrictions are established, they will be
applied equally to all parties.
6. The Title IX Coordinator will, as applicable, promptly commence an investigation of the
formal complaint, designate a school administrator to promptly investigate the formal
complaint, or dismiss the formal complaint in accordance with Subsection F of this
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Section. The standard of evidence to be used to determine responsibility is the
preponderance of the evidence standard (i.e., more likely than not). The burden of proof
and the burden of gathering evidence sufficient to reach a determination regarding
responsibility rest on the District and not on the parties.
7. The parties will be given an equal opportunity to discuss the allegations under
investigation with the investigator(s) and are permitted to gather and present relevant
evidence. This opportunity includes presenting witnesses, including fact and expert
witnesses, and other inculpatory and exculpatory evidence. Credibility determinations
will not be based on a person’s status as a complainant, respondent, or witness. The
District will provide to a party whose participation is invited or expected (including a
witness) written notice of the date, time, location, participants, and purpose of all
hearings (if applicable), investigative interviews, or other meetings, with sufficient time
for the party to prepare to participate.
8. Both parties will be given an equal opportunity to inspect and review any evidence
obtained as part of the investigation that is directly related to the allegations raised in
the formal complaint, including the evidence upon which the District 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 the conclusion of the investigation. Prior
to completion of the investigative report, the District will 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 will have ten (10) school days to submit a written
response, which the investigator(s) will consider prior to completion of the investigative
report, as described in Paragraph 9 of this Subsection.
9. The investigator(s) will create an investigative report that fairly summarizes relevant
evidence. The investigator(s) will send the investigative report, in an electronic format or
hard copy, to each party and to each party’s advisor for their review and written
response at least ten (10) school days prior to a hearing or the time a determination
regarding responsibility is made.
The Superintendent will appoint a decision-maker(s), who shall be a District employee or
third-party contractor and who shall be someone other than the Title IX Coordinator or
investigator(s). If the formal complaint filed is against the Superintendent, the Board
Chair shall appoint the decision-maker, who shall be someone other than the Title IX
Coordinator or investigator(s). The investigator(s) and the decision-maker(s) shall not
discuss the investigation’s facts and/or determination while the formal complaint is
pending. The decision-maker(s) will afford each party the opportunity 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.
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
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 8 of 25
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) will explain to the
party proposing the questions any decisions to exclude a question as not relevant.
The decision-maker(s) will issue a written determination regarding responsibility. To
reach this determination, the decision-maker must apply the preponderance of the
evidence standard. The written determination will include: (1) identification of the
allegations potentially constituting sexual harassment; (2) 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, methods used to gather other evidence, and hearings held; (3)
findings of fact supporting the determination; (4) conclusions regarding the application
of the District’s code of conduct to the facts; (5) a statement of, and rationale for, the
result as to each allegation, including a determination regarding responsibility, any
disciplinary sanctions the District will impose on the respondent, and whether remedies
designed to restore or preserve equal access to the District’s education program or
activity will be provided by the District to the complainant; and (6) the District’s
procedures and permissible bases for the complainant and respondent to appeal. If the
respondent is found responsible for violating the Board’s Policy regarding the Prohibition
of Sex Discrimination and Sexual Harassment (Personnel), the written determination
shall indicate whether the respondent engaged in sexual harassment as defined by the
Board’s Policy and these Administrative Regulations. The written determination will be
provided to both parties simultaneously.
Student respondents found responsible for violating the Board’s Policy regarding the
Prohibition of Sex Discrimination and Sexual Harassment (Personnel) may be subject to
discipline up to and including expulsion. Employee respondents found responsible for
violating the Board’s Policy regarding the Prohibition of Sex Discrimination and Sexual
Harassment (Personnel) may be subject to discipline up to and including termination of
employment. Other respondents may be subject to exclusion from the District’s
programs, activities and/or property. In appropriate circumstances, the District may
make a criminal referral. Remedies will be designed to restore or preserve equal access
to the District’s education programs or activities.
After receiving notification of the decision-maker(s)’ decision, or after receiving
notification that the District dismissed a formal complaint or any allegation therein, both
complainant and respondent may avail themselves of the appeal process set forth in
Section E of this Section.
D. Informal Resolution
At any time prior to reaching a determination regarding responsibility, but only after the filing of
a formal complaint, the District may suggest to the parties the possibility of facilitating an
informal resolution process, such as mediation, to resolve the formal complaint without the
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need for a full investigation and adjudication. If it is determined that an informal resolution may
be appropriate, the Title IX Coordinator or designee will consult with the parties.
Prior to facilitating an informal resolution to a formal complaint, the Title IX Coordinator or
designee will provide the parties with written notice disclosing the sexual harassment
allegations, the requirements of an informal resolution process, and any consequences from
participating in the informal resolution process. Upon receipt of this document, complainants
and respondents have five (5) school days to determine whether they consent to participation
in the informal resolution. The District must obtain voluntary, written consent to the informal
resolution process from both parties.
Prior to agreeing to any resolution, any party has the right to withdraw from the informal
resolution process and resume the grievance process with respect to the formal complaint. If a
satisfactory resolution is reached through this informal process, the matter will be considered
resolved. If these efforts are unsuccessful, the formal grievance process will continue.
Nothing in this section precludes an employee from filing a complaint of retaliation for matters
related to an informal resolution, nor does it preclude either party from filing complaints based
on conduct that is alleged to occur following the District’s facilitation of the informal
resolution.
An informal resolution is not permitted to resolve allegations that an employee sexually
harassed a student.
E. Appeal Process
After receiving notification of the decision-maker(s)’ decision, or after receiving notification that
the District dismissed a formal complaint or any allegation therein, both complainant and
respondent have five (5) school days to submit a formal letter of appeal to the Title IX
Coordinator specifying the grounds upon which the appeal is based. Upon receipt of an appeal,
the Superintendent shall appoint a decision-maker(s) for the appeal, who shall be someone
other than the Title IX Coordinator, investigator(s) or initial decision-maker(s).
Appeals will be appropriate only in the following circumstances:
● 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;
● procedural irregularity that affected the outcome of the matter;
● the Title IX Coordinator, investigator(s), and/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. A conflict of interest or bias does
not exist solely because the Title IX Coordinator, investigators(s), and/or decision-maker(s)
previously worked with or disciplined the complainant or respondent.
● [Note: School districts may add other bases for appeal so long as they are offered equally
to both parties]
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The District will provide the other party with written notice of such appeal. The appealing party
will then have ten (10) school days to submit to the decision-maker(s) for the appeal a written
statement in support of, or challenging, the outcome of the grievance process. The
decision-maker(s) for the appeal will provide the appealing party’s written statement. Upon
receipt of an appeal, the Superintendent shall appoint a decision-maker(s) for the appeal, who
shall be someone other than the Title IX Coordinator, investigator(s), or initial
decision-maker(s)to the other party. The other party will then have ten (10) school days to
submit to the decision-maker for the appeal a written statement in support of, or challenging,
the outcome of the grievance process. The decision-maker(s) for the appeal, in their discretion,
will determine any additional necessary and appropriate procedures for the appeal.
After considering the parties’ written statements, the decision-maker(s) for the appeal will
provide a written decision. The decision-maker(s) for the appeal will attempt to issue the
written decision within thirty (30) school days of receipt of all written statements from the
parties. If it is found that one of the bases for appeal exists, the decision-maker(s) for the appeal
will issue an appropriate remedy.
Supportive measures for either or both parties may be continued throughout the appeal
process.
F. Dismissal of a Formal Complaint
The Title IX Coordinator shall dismiss any formal complaint that, under Title IX, 1) would not
constitute sexual harassment as defined under Title IX even if proved, 2) did not occur in the
District’s education program or activity, or 3) did not occur against a person in the United States.
Such dismissal does not preclude action under another Board policy.
The District may dismiss a formal complaint or any allegations therein, if at any time during the
investigation or hearing a complainant notifies the Title IX Coordinator in writing that 1) the
complainant would like to withdraw the formal complaint or any allegations therein; 2) the
respondent is no longer enrolled or employed in the District; or 3) specific circumstances
prevent the District from gathering evidence sufficient to reach a determination as to the formal
complaint or allegations therein.
Upon a dismissal, the District will promptly and simultaneously send written notice of the
dismissal and reason(s) therefor to each party. Either party can appeal from the District’s
dismissal of a formal complaint or any allegations therein using the appeals procedure.
In the event a formal complaint is dismissed prior to the issuance of a decision under Title IX,
the Title IX Coordinator shall determine if the allegations of sexual harassment shall proceed
through the grievance procedures identified in Section II of these Administrative Regulations for
claims of sex discrimination for consideration as to whether the allegations constitute sexual
harassment under Title VII or Connecticut law.
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A dismissal pursuant to this section does not preclude action by the District under the Student
Discipline policy, Code of Conduct for students/or and employees, or any other applicable rule,
policy, and/or collective bargaining agreement.
G. Miscellaneous
1. Any timeframe set forth in these Administrative Regulations may be temporarily delayed
or extended for good cause. Good cause may include, but is not limited to,
considerations such as the absence or illness of a party, a party’s advisor, or a witness;
concurrent law enforcement activity; concurrent activity by the Department of Children
and Families; or the need for language assistance or accommodation of disabilities. If
any timeframe is altered on a showing of good cause, written notice will be provided to
each party with the reasons for the action.
2. If a sexual harassment complaint raises a concern about discrimination or harassment on
the basis of any other legally protected classification (such as race, religion, color,
national origin, age, or disability), the Title IX Coordinator or designee shall make a
referral to other appropriate personnel within the District (e.g. Section 504 Coordinator,
etc.), so as to ensure that any such investigation complies with the requirements of
policies regarding nondiscrimination.
3. If the sexual harassment complaint results in reasonable cause to suspect or believe that
a child has been abused or neglected, has had a nonaccidental physical injury, or injury
which is at variance with the history given of such injury, is placed at imminent risk of
serious harm, or that a student has been sexually assaulted by a school employee, then,
the person to whom the complaint is given or who receives such information shall report
such matters in accordance with the Board's policy on the Reports of Suspected Child
Abuse or Neglect of Children.
4. Retaliation against any individual who complains pursuant to the Board’s Policy
regarding the Prohibition of Sex Discrimination and Sexual Harassment (Personnel) and
these Administrative Regulations is strictly prohibited. Neither the District 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 these
Administrative Regulations, or because the individual has made a report or complaint,
testified, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under these Administrative Regulations. The
District will take actions designed to prevent retaliation. Complaints alleging retaliation
may be filed according to the grievance procedures for sex discrimination described
herein.
5. The District will maintain for a period of seven (7) years records of:
i. Each sexual harassment investigation including any determination regarding
responsibility, any disciplinary sanctions imposed on the respondent, and any
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remedies provided to the complainant designed to restore or preserve equal
access to the Board’s education program or activity;
ii. Any appeal and the result therefrom;
iii. Any informal resolution and the result therefrom; and
iv. All material used to train Title IX Coordinators, investigators, decision-makers,
and any person who facilitates an informal resolution process. The Board will
make these training materials publicly available on its website.
If the District has actual knowledge of sexual harassment in an education program or
activity of the Board, and for any report or formal complaint of sexual harassment, the
District will create and maintain for a period of seven (7) years, records of any actions,
including any supportive measures, taken in response to a report or formal complaint of
sexual harassment. The District will 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 Board’s education program or
activity. If the District does not provide a complainant with supportive measures, then
the District will document the reasons why such a response was not clearly
unreasonable in light of the known circumstances.
SECTION II: GRIEVANCE PROCEDURES FOR CLAIMS OF SEX DISCRIMINATION (OTHER THAN
SEXUAL HARASSMENT UNDER TITLE IX)
A. Definitions
● Complainant means an individual who is alleged to be the victim of conduct that could
constitute sex discrimination.
● Respondent means an individual who has been reported to be the perpetrator of
conduct that could constitute sex discrimination.
B. Reporting Sex Discrimination Other than Sexual Harassment under Title IX
It is the express policy of the Board to encourage victims of sex discrimination to report
such claims. Any person may report sex discrimination (whether or not the person
reporting is the person alleged to be the victim of conduct that could constitute sex
discrimination), in person, by mail, by telephone, or by electronic mail, using the contact
information listed for the Title IX Coordinator. If the District receives notice of sex
discrimination or alleged sex discrimination against a person in the District’s education
program or activity, the Title IX Coordinator or designee will promptly notify the
complainant of the grievance process. The District will treat complainants and
respondents equitably during the grievance process. Sexual harassment is a form of sex
discrimination, and any incident of sexual harassment under Title IX, as defined above,
shall be handled pursuant to Section I of these Administrative Regulations. Any
allegations of sexual harassment under Title VII or Connecticut law, as defined above,
shall be handled pursuant to this Section II of these Administrative Regulations.
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 13 of 25
C. Grievance Procedures
1. As soon as an employee feels that the employee has been subjected to sex
discrimination other than sexual harassment as defined under Title IX (including,
without limitation, sexual harassment under Title VII or Connecticut law), the employee
should make a written complaint to the Title IX Coordinator or to the building principal,
or designee. The employee will be provided a copy of the Board’s Policy and
Administrative Regulations and made aware of the employee’s rights under this Policy
and Administrative Regulations. Preferably, complaints should be filed within ten (10)
school days of the alleged occurrence. Timely reporting of complaints facilitates the
investigation and resolution of such complaints.
2. The complaint should state the:
i. Name of the complainant;
ii. Date of the complaint;
iii. Date(s) of the alleged discrimination;
iv. Name(s) of the discriminator(s);
v. Location where such discrimination occurred;
vi. Names of any witness(es) to the discrimination;
vii. Detailed statement of the circumstances constituting the alleged
discrimination; and
viii. Remedy requested.
3. Any employee who makes an oral complaint of sex discrimination to any of the
above-mentioned personnel will be provided a copy of these Administrative Regulations
and will be requested to make a written complaint pursuant to the above procedure.
4. All complaints are to be forwarded immediately to the building principal or designee
unless that individual is the subject of the complaint, in which case the complaint should
be forwarded directly to the Superintendent of Schools or designee. In addition, a copy
of any complaint filed under this Policy shall be forwarded to the Title IX Coordinator. If
the complaint being filed is against the Title IX Coordinator, the complaint should be
filed with the Superintendent. If the complaint being filed is against the Superintendent,
the complaint should be filed with the Board Chair, who will then retain an independent
investigator to investigate the matter.
5. The Title IX Coordinator or designee shall investigate all complaints of sex discrimination
against an employee, regardless of whether the conduct occurred on or off-school
grounds. Complaints will be investigated promptly within the timeframes identified
below. Timeframes may be extended as needed given the complexity of the
investigation, availability of individuals with relevant information, and other extenuating
circumstances. The investigation shall be conducted discreetly, maintaining
confidentiality insofar as possible while still conducting an effective and thorough
investigation.
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 14 of 25
6. Any employee who makes a complaint shall be notified of the District’s intent to
investigate the complaint. In the event the employee requests confidentiality or that an
investigation not be conducted, the District will take reasonable steps to investigate and
respond to the complaint to the extent possible, given the request for confidentiality or
that the District not investigate the complaint. If the employee insists that this
information not be shared with the alleged discriminator(s), the employee will be
informed that the District’s ability to investigate and/or take corrective action may be
limited.
7. Upon receipt of a sex discrimination complaint, the Title IX Coordinator shall either
promptly commence an investigation of the complaint, or shall designate a school
administrator to promptly investigate the complaint. The Title IX Coordinator or
designee shall:
i. offer to meet with the complainant and respondent (if applicable) separately
within ten (10) school days to discuss the nature of the complaint, identify
individuals the complainant and respondent (if applicable) believe have
relevant information, and obtain any relevant documents the complainant
and respondent may have;
ii. provide the complainant and respondent (if applicable) with a copy of the
Board’s sex discrimination policy and accompanying regulations;
iii. consider whether any interim measures may be appropriate to protect the
complainant or respondent (if applicable), pending the outcome of the
investigation;
iv. conduct an investigation that is adequate, reliable, and impartial. Investigate
the factual basis of the complaint, including, as applicable, conducting
interviews with individuals deemed relevant to the complaint;
v. consider whether alleged sex discrimination has created a hostile work
environment, including consideration of the effects of off-campus conduct on
the school;
vi. communicate the outcome of the investigation in writing to the complainant,
to the respondent, and to any individual properly identified as a party to the
complaint (to the extent permitted by state and federal confidentiality
requirements), within ninety (90) school days from the date the complaint
was received by the Superintendent’s office. The investigator may extend
this deadline for no more than fifteen (15) additional school days if needed to
complete the investigation. The complainant and respondent (if applicable)
shall be notified of such extension. The written notice shall include a finding
whether the complaint was substantiated and if so, shall identify, to the
extent possible, how the District will remedy the discrimination, adhering to
the requirements of state and federal law; and
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 15 of 25
vii. when sex discrimination has been found, take steps that are reasonably
calculated to end the discrimination, take corrective and/or disciplinary
action aimed at preventing the recurrence of the discrimination, as deemed
appropriate by the Superintendent or designee, and take steps to remedy the
effects of the sex discrimination.
8. If a complaint is made during summer recess, the complaint will be reviewed and
addressed as quickly as possible given the availability of staff and/or other individuals
who may have information relevant to the complaint. If fixed timeframes cannot be
met, the complainant and respondent will receive notice and interim measures may be
implemented as necessary.
9. If the complainant or respondent (if applicable) is dissatisfied with the findings of the
investigation, the complainant or respondent may file a written appeal within five (5)
school days to the Title IX Coordinator, or, if the Title IX Coordinator conducted the
investigation, to the Superintendent of Schools. The Title IX Coordinator or
Superintendent shall review the Title IX Coordinator or designee's written report, the
information collected by the Title IX Coordinator or designee together with the
recommended disposition of the complaint to determine whether the alleged conduct
constitutes sex discrimination. The Title IX Coordinator or Superintendent of Schools
may determine if further action and/or investigation is warranted. After completing this
review, the Title IX Coordinator or Superintendent of Schools shall respond to the
complainant and respondent (if applicable), in writing, within fifteen (15) school days
following the receipt of the written request for review.
D. Miscellaneous
1. If a sex discrimination complaint raises a concern about discrimination or harassment on
the basis of any other legally protected classification (such as race, religion, color,
national origin, age, or disability), the Title IX Coordinator or designee shall make a
referral to other appropriate personnel within the District (e.g. Section 504 Coordinator,
etc.), so as to ensure that any such investigation complies with the requirements of
policies regarding nondiscrimination.
2. If the sex discrimination complaint results in reasonable cause to suspect or believe that
a child has been abused or neglected, has had a nonaccidental physical injury, or injury
which is at variance with the history given of such injury, is placed at imminent risk of
serious harm, or that a student has been sexually assaulted by a school employee, then,
the person to whom the complaint is given or who receives such information shall report
such matters in accordance with the Board's policy on the Reports of Suspected Child
Abuse or Neglect of Children.
3. Retaliation against any individual who complains pursuant to the Board’s Policy
regarding the Prohibition of Sex Discrimination and Sexual Harassment (Personnel) and
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 16 of 25
these Administrative Regulations is strictly prohibited. Neither the District 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 these
Administrative Regulations, or because the individual has made a report or complaint,
testified, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under these Administrative Regulations. The
District will take actions designed to prevent retaliation as a result of filing a complaint.
Complaints alleging retaliation may be filed according to the grievance procedures for
sex discrimination described herein.
Section III. Further Reporting
At any time, a complainant alleging sex discrimination or sexual harassment may also file a
complaint with the Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor,
5 Post Office Square, Boston, MA 02109-3921 (Telephone (617) 289-0111).
Employees may also make a report of sexual harassment and/or sex discrimination to the
Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard,
Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number:
1-800-477-5737).
Copies of these Administrative Regulations will be distributed to all employees.
7/30/2021
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 17 of 25
Appendix A
Sexual Assault: An offense classified as forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of Investigation.
Rape—(Except Statutory Rape) The carnal knowledge of a person, without the consent
of the victim, including instances where the victim is incapable of giving consent because
of the person’s age or because of the person’s temporary or permanent mental or
physical incapacity.
Sodomy—Oral or anal sexual intercourse with another person, without the consent of
the victim, including instances where the victim is incapable of giving consent because of
the person’s age or because of the person’s temporary or permanent mental or physical
incapacity.
Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate,
however slightly, the genital or anal opening of the body of another person, without the
consent of the victim, including instances where the victim is incapable of giving consent
because of the person’s age or because of the person’s temporary or permanent mental
or physical incapacity.
Fondling—The touching of the private body parts of another person for the purpose of
sexual gratification without the consent of the victim, including instances where the
victim is incapable of giving consent because of the person’s age or because of the
person’s temporary or permanent mental or physical incapacity.
Incest—Nonforcible sexual intercourse between persons who are related to each other
within the degrees wherein marriage is prohibited by law.
Statutory Rape—Nonforcible sexual intercourse with a person who is under the
statutory age of consent.
Dating Violence: Violence committed by a person who is or has been in a social relationship of
a romantic or intimate nature with the victim; and where the existence of such a relationship
shall be determined based on a consideration of the length of the relationship, the type of
relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current
or former spouse or intimate partner of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has cohabitated with the victim as a
spouse or intimate partner, by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction.
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 18 of 25
Stalking: Engaging in a course of conduct directed at a specific person that would cause a
reasonable person to fear for the person’s safety or the safety of others; or suffer substantial
emotional distress.
REGULATION ADOPTED: October 12, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 19 of 25
4118.112R
PERSONNEL
COMPLAINT FORM REGARDING SEXUAL HARASSMENT UNDER TITLE IX (PERSONNEL)
This complaint form should be used for complaints of sexual harassment as defined on page 1 of the Board’s
Administrative Regulations regarding the Prohibition of Sex Discrimination and Sexual Harassment (Personnel)
Name of the complainant ____________________________________________________
Date of the complaint __________________________________________________________
Date of the alleged sexual harassment ________________________________________
Name or names of the sexual harasser(s) ________________________________________
____________________________________________________________________________
Location where such sexual harassment occurred __________________________________
____________________________________________________________________________
Name(s) of any witness(es) to the sexual harassment _________________________________
Detailed statement of the circumstances constituting the alleged sexual harassment
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Remedy requested______________________________________________________________
Signature of Complainant or Title IX Coordinator: _____________________________________
11/23/2020
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 20 of 25
4118.112R
PERSONNEL
COMPLAINT FORM REGARDING SEX DISCRIMINATION (OTHER THAN SEXUAL HARASSMENT
UNDER TITLE IX) (PERSONNEL)
This complaint form should be used for complaints of sex discrimination as defined on page 1 of the Board’s
Administrative Regulations regarding the Prohibition of Sex Discrimination and Sexual Harassment (Personnel)
Name of the complainant ________________________________________________
Date of the complaint ______________________________________________________
Date of the alleged sex discrimination ____________________________________
Name or names of the sex discriminator(s) ____________________________________
________________________________________________________________________
Location where such sex discrimination occurred ______________________________
________________________________________________________________________
Name(s) of any witness(es) to the sex discrimination _____________________________
Detailed statement of the circumstances constituting the alleged sex discrimination
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________________________
Remedy requested_________________________________________________________
Signature: ______________________________
11/23/2020
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 21 of 25
SAMPLE WRITTEN NOTICE FOR FORMAL COMPLAINTS OF SEXUAL HARASSMENT
[LETTERHEAD]
NOTICE OF SEXUAL HARASSMENT ALLEGATIONS UNDER TITLE IX
In accordance with the Board’s Policy and Administrative Regulations regarding the Prohibition
of Sex Discrimination and Sexual Harassment (Personnel), a formal complaint of sexual
harassment has been filed with the Title IX Coordinator.
Identities of the parties involved, if known:
___________________________________________________________(Complainant(s))
___________________________________________________________ (Respondent(s))
The conduct allegedly constituting sexual harassment:_____________________________
________________________________________________________________________
________________________________________________________________________
The date and the location of the alleged incident, if known:_________________________
________________________________________________________________________
The Title IX Coordinator or designee will contact the parties regarding the next step in the
grievance process. Questions can be directed to the Title IX Coordinator: Director of Pupil
Services and Special Education.
The respondent is presumed not responsible for the alleged conduct. A determination regarding
responsibility is made at the conclusion of the grievance process.
All parties involved may have an advisor of their choice who may be, but it not required to be,
an attorney. This advisor may inspect and review evidence as permitted by the Board’s
Administrative Regulations regarding the Prohibition of Sex Discrimination and Sexual
Harassment (Personnel).
Any employee who knowingly makes false statements or knowing submits false information
during this grievance process is subject to discipline, up to and including termination.
Additionally, it is a violation of the Board’s Student Discipline Policy to lie to school officials or
otherwise engage in dishonest behavior, which includes knowingly making false statements or
knowingly submitting false information during the grievance process. Any student who
knowingly makes false statements or knowingly submits false information during this grievance
process will be subject to sanctions pursuant to the Board’s Student Discipline Policy.
A copy of the Board’s Policy and Administrative Regulations regarding the Prohibition of Sex
Discrimination and Sexual Harassment (Personnel) is included with this notice.
11/23/2020
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 22 of 25
SAMPLE WRITTEN NOTICE FOR THE INFORMAL RESOLUTION PROCESS FOR SEXUAL
HARASSMENT COMPLAINTS
[LETTERHEAD]
NOTICE OF INFORMAL RESOLUTION PROCESS FOR SEXUAL HARASSMENT COMPLAINTS
UNDER TITLE IX
In accordance with the Board’s Policy and Administrative Regulations regarding the Prohibition
of Sex Discrimination and Sexual Harassment (Personnel), a formal complaint of sexual
harassment has been filed with the Title IX Coordinator. The Board has an informal resolution
process to promptly and equitably resolve such complaints using mediation. This informal
resolution process will only be utilized if both the Complainant and Respondent agree to do so.
The conduct allegedly constituting sexual harassment:_____________________________
________________________________________________________________________
________________________________________________________________________
If both parties agree to the informal resolution process, it shall preclude the parties from
resuming a formal complaint arising out of the same allegations. However, either party may
withdraw from the informal resolution process at any time before agreeing to a resolution and
resume the grievance process for formal complaints of sexual harassment.
If both parties agree to a resolution, that resolution is binding upon both parties and cannot be
changed or appealed.
The District will maintain for a period of seven (7) years records of the informal resolution
process and results therefrom.
________________________________________________________________
I voluntarily consent to the informal resolution process:
_______________________________ _______
Complainant Date
_______________________________ _______
Respondent Date
11/23/2020
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 23 of 25
[To be posted in a conspicuous place readily available
for viewing by employees and emailed to employees within three months of hire with the
subject line “Sexual Harassment Policy” or words of similar import]
SEXUAL HARASSMENT IS ILLEGAL
AND IS PROHIBITED BY
THE CONNECTICUT DISCRIMINATION EMPLOYMENT PRACTICES ACT
(Section 46a-60(a)(8) of the Connecticut General Statutes)
AND
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
(42 United States Code Section 2000e et seq.)
SEXUAL HARASSMENT MEANS ANY UNWELCOME SEXUAL ADVANCES OR REQUESTS FOR SEXUAL FAVORS OR ANY CONDUCT OF A
SEXUAL NATURE WHEN:
1. SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S
EMPLOYMENT;
2. SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT
DECISIONS AFFECTING SUCH INDIVIDUAL; OR
3. SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL'S WORK
PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
EXAMPLES OF SEXUAL HARASSMENT INCLUDE:
UNWELCOME SEXUAL ADVANCES
SUGGESTIVE OR LEWD REMARKS
UNWANTED HUGS, TOUCHES, KISSES
REQUESTS FOR SEXUAL FAVORS
RETALIATION FOR COMPLAINING ABOUT SEXUAL HARASSMENT
DEROGATORY OR PORNOGRAPHIC POSTERS, CARTOONS, OR DRAWINGS.
REMEDIES FOR SEXUAL HARASSMENT MAY INCLUDE:
CEASE AND DESIST ORDERS
BACK PAY
COMPENSATORY DAMAGES
PUNITIVE DAMAGES
HIRING, PROMOTION, OR REINSTATEMENT
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 24 of 25
RETALIATION AGAINST ANY EMPLOYEE FOR COMPLAINING ABOUT SEXUAL HARASSMENT IS PROHIBITED UNDER THIS POLICY AND
ILLEGAL.
VIOLATION OF THIS POLICY IS GROUNDS FOR DISCIPLINE, INCLUDING DISCHARGE.
INDIVIDUALS WHO ENGAGE IN ACTS OF SEXUAL HARASSMENT MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
AN INFRACTION OF THIS POLICY BY SUPERVISORS OR CO-WORKERS SHOULD BE REPORTED IMMEDIATELY TO THE TITLE IX
COORDINATOR: DIRECTOR OF PUPIL SERVICES AND SPECIAL EDUCATION. CONFIDENTIALITY WILL BE MAINTAINED TO THE
EXTENT POSSIBLE.
ANY EMPLOYEE WHO BELIEVES THAT HE OR SHE HAS BEEN HARASSED OR DISCRIMINATED AGAINST IN THE WORKPLACE IN
VIOLATION OF THIS POLICY MAY ALSO CONTACT:
CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
450 COLUMBUS BLVD.
HARTFORD, CT 06103-1835
(800-477-5737)
AND/OR:
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BOSTON AREA OFFICE
JOHN F. KENNEDY FEDERAL BUILDING
475 GOVERNMENT CENTER
BOSTON, MA 02203
PHONE (800) 669-4000
CONNECTICUT LAW REQUIRES THAT A FORMAL WRITTEN COMPLAINT BE FILED WITH THE COMMISSION ON HUMAN RIGHTS AND
OPPORTUNITIES WITHIN THREE HUNDRED (300) DAYS OF THE DATE WHEN THE ALLEGED HARASSMENT/ DISCRIMINATION
OCCURRED.
SEX DISCRIMINATION/SEXUAL HARASSMENT IN THE WORKPLACE - REGULATION Page 25 of 25