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SHIPMAN-RECOMMENDED LANGUAGE UPDATES
5145.5P
STUDENTS
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS)
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. The Board does not discriminate on the basis
of sex in the education programs or activities that it operates and the Board is required by Title
IX of the Education Amendments of 1972 and its implementing regulations (“Title IX”) and
Connecticut law not to discriminate in such a manner. Discrimination or harassment on the
basis of sex includes discrimination or harassment on the basis of gender identity or sexual
orientation. Students, Board employees and third parties are required to adhere to a standard
of conduct that is respectful of the rights of students, employees and third parties. Any student
or employee who engages in conduct prohibited by this Policy shall be subject to disciplinary
action, up to and including expulsion or termination, respectively.
For conduct to violate Title IX, the conduct must have occurred in an education program or
activity of the Board; the conduct must have occurred within the United States of America; and
the complainant must be participating in or attempting to participate in the education program
or activity of the Board. Conduct that does not meet these requirements still may constitute a
violation of Connecticut law or another Board policy.
The Superintendent of Schools shall develop Administrative Regulations implementing this
Policy and in accordance with Title IX and Connecticut law (the “Administrative Regulations”).
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);
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(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 Board’s
education programs or activities; 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).
Sexual harassment under Connecticut law means conduct in a school setting that 1) is sexual in
nature; 2) is unwelcome; and 3) denies or limits a student’s ability to participate in or benefit
from a school’s educational program. Sexual harassment can be verbal, nonverbal or physical.
Sexual violence is a form of sexual harassment.
Reporting Sex Discrimination or Sexual Harassment
It is the express policy of the Board to encourage victims of sex discrimination and/or sexual
harassment to report such claims. Students are encouraged to report complaints of sex
discrimination and/or sexual harassment promptly in accordance with the appropriate process
set forth in the Administrative Regulations. The Board directs its employees to respond to such
complaints in a prompt and equitable manner. The Board further directs its employees to
maintain confidentiality to the extent appropriate and not tolerate any reprisals or retaliation
that occur as a result of the good faith reporting of charges of sex discrimination and/or sexual
harassment. Any such reprisals or retaliation will result in disciplinary action against the
retaliator, up to and including expulsion or termination as appropriate.
Any Board employee with notice of sex discrimination and/or sexual harassment allegations
shall immediately report such information to the building principal and/or the Title IX
Coordinator, or if the employee does not work in a school building, to the Title IX Coordinator.
The Colchester Public Schools administration (the “Administration”) shall provide training to
Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an
informal resolution process (as set forth in the Administrative Regulations), which training shall
include but need not be limited to, the definitions of sex discrimination and sexual harassment,
the scope of the Board’s education program and activity, how to conduct an investigation and
grievance process, and how to serve impartially, including by avoiding prejudgment of the facts
at issue, conflicts of interest, and bias. The Administration shall make the training materials
used to provide these trainings publicly available on the Board’s website. The Administration
shall also periodically provide training to all Board employees on the topic of sex discrimination
and sexual harassment under Title IX and Connecticut law, which shall include but not be
limited to when reports of sex discrimination and/or sexual harassment must be made. The
Administration shall distribute this Policy and the Administrative Regulations to staff, students
and parents and legal guardians and make the Policy and the Administrative Regulations
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) Page 2 of 3
available on the Board’s website to promote an environment free of sex discrimination and
sexual harassment.
The Board’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 Board
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 individual Board 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. Students may also make a report of sexual harassment and/or sex
discrimination to the U.S. Department of Education: 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).
Students 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).
Legal References: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 C.F.R § 106.1, et seq.
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Conn. Gen. Stat. § 10-15c - Discrimination in public schools prohibited.
Policy adopted: March 9, 2021
Revised: November 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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