100 - SCHOOL DISTRICT

100 - SCHOOL DISTRICT Jen@iowaschool… Tue, 01/07/2020 - 13:13

100 - Legal Status of the District

100 - Legal Status of the District

This school corporation is located in Kossuth County, and its affairs are conducted by elected school officials, the Algona Community School District Board of Directors.  This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

Iowa law authorizes the creation of a Common Schools System.  As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law.  This school district is known as the Algona Community School District.

 

 

Date of Adoption:    
May 9, 2016            

Date of Review
October 12, 2020

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:22

101 - Educational Philosophy of the District

101 - Educational Philosophy of the District

As a school corporation of Iowa, the Algona Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students.  The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community.  The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime.

The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals.  In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.

Instruction and curriculum are the key elements of a public education.  Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum.  The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district.  The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.

 

 

Legal Reference:        
Iowa Code §§ 256.11 (2013).

Date of Adoption
April 14, 1975

Date of Review
October 12, 2020

Date of Revisions:
May 9, 2016

 

Jen@iowaschool… Tue, 01/07/2020 - 14:18

101.1 - Athletic Department Philosophy

101.1 - Athletic Department Philosophy

In our society today athletics and athletes have become a focal point.  The media hype has exposed almost everyone to a wide variety of athletic events and performances.  Anyone who has seen football, basketball, volleyball, golf, etc. has developed a certain "expertise" in that particular sport.  The media have done a tremendous job of marketing their product to enable the consumer to watch the attainment of "excellence" in virtually every sport.  The unfortunate result of this constant hype is that many parents expect the same for their son or daughter.  This is an understandable desire, but one that is not realistic for a student in a school athletic program and often results in unrealistic expectations from both parents and students.  As a result this creates undue pressure on the parent, athlete, coach, school, and community.  The person most affected is the student/athlete.  The school has a responsibility to create the best environment possible to try to insure athletics are kept in the proper perspective.  To that end the athletic program will take its place alongside of, but will not overshadow, the educational program.

 

STATEMENT OF PURPOSE

The purpose of the Algona Community School District's athletic program is to:

Strive for excellence that will produce highly competitive teams and promote educational values appropriate to athletics.  The athletic program provides opportunities that will prepare students to strive for success in the contemporary world.  This preparation should include:

     a.  physical, mental, and emotional growth and development;
     b. 
acquisition and development of special skills in activities of each student's choice.
     c. 
team play with development of such traits as cooperation, sense of fair play, and loyalty; and
     d. 
the development of self-discipline, self-motivation, dedication, leadership, and the ideals of good sportsmanship.

The seventh grade program trains the players in the basic fundamentals of the game and introduces basic offenses and defenses.  The volleyball, football, basketball, wrestling, and track programs interscholastic.  The main emphasis at the 7th grade level will be on participation.  However, when an A game and a B game are played, the emphasis will be on competition in the A game and participation in the B game.

The eighth grade program contains interscholastic competition in all sports.  Basic skills taught in the seventh grade will be refined.  The main emphasis at the eighth grade level will be on participation.  However, when an A game and a B game are played, the emphasis will be on competition in the A game and participation in the B game.

Any player from grades nine through twelve is eligible for varsity competition.  Junior varsity competition is available to students in grades nine through eleven while only ninth graders may participate on ninth grade teams.  Only tenth grade students may participate on tenth grade teams.  In determining placement on a given team, there is NO priority placed on the grade level of the student, only on the qualities  they display as written above.

The ninth grade program expands the number of contests played during the middle school program.  By the ninth grade some of the players will possess more talent in terms of the fundamental skills and offensive and defensive schemes.  Therefore, while an effort is made to play as many players as possible, the more advanced players will get the majority of the playing time.

The junior varsity program will continue to develop players and utilize those players who show the greatest ability in a variety of skill areas.  Specialization of players in terms of fulfilling a role on a team will become more evident at this level.  Those who are more able will be the primary players for the team.

The varsity team is for those who possess and demonstrate the necessary athletic skills and perform them both in practice and competition.  Players who display excellent leadership and/or enthusiasm may well have an advantage when skill levels appear to be quite equal.  Specialization is often a necessity at this level and players will be used in specific roles for the benefit of the entire team.

 

 

Date of Adoption:
February 10, 1992

Date of Review:
October 5, 2005

Date of Revisions:
October 12, 2020

 

 

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:28

102 - Educational Equity Policy Statement

102 - Educational Equity Policy Statement

It is the policy of the Algona Community School not to discriminate on the basis of  race, color, national origin, creed, socio-economic status, religion, sex, disability, sexual orientation, gender identity or marital status age, color, creed, national origin, race, religion, marital status, sex, sexial orientation, gender identity, socio-economic status or disability in its educational programs, activities, or employment policies as required by Title VI and VII of the 1964 Civil Rights Act, Title IX of the 1972 Education Amendments, and Section 504 of the Federal Rehabilitation Act of 1973.

It is also the policy of this district that the curriculum content and instructional materials utilized reflect the cultural and racial diversity present in the United States and the variety of careers, roles, and life styles open to women as well as men in our society. One of the objectives of the total curriculum and teaching strategies is to reduce stereotyping and to eliminate bias on the basis of sex, race, ethnicity, religion and disability race, color, national origin, creed, socio-economic status, religion, sex, disability, sexual orientation, gender identity or marital status.age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, socio-economic status or disability. The curriculum should foster respect and appreciation for the cultural diversity found in our country and an awareness of the rights, duties, and responsibilities of each individual as a member of a pluralistic society.

Inquiries regarding compliance with Title IX, Title VI, or Section 504 may be directed to the Curriculum Equity Coordinator, 600 S. Hale St., Algona, Iowa  50511, 515-295-3528; to the Director of the Iowa Civil Rights Commission, Des Moines, Iowa; or to the Director of the Region VII Office of Civil Rights, Department of Education, Kansas City, Missouri.

 

 

Legal Reference:        
(Code of Iowa)

20 U.S.C. §§ 1221 et seq. (2006).
20 U.S.C. §§ 1681 et seq. (2006).
20 U.S.C. §§ 1701 et seq. (2006).
29 U.S.C. § 794 (2006).
42 U.S.C. §§ 12101 et seq. (2006).
34 C.F.R. Pt. 100 (2006).
34 C.F.R. Pt. 104 (2006).
Iowa Code §§ 216.9; 256.11,
280.3 (2009). 281  I.A.C. 12.19B, 19B.11, 601A

Date of Adoption:  
October 14, 1985

Date of Review:       
November 11, 1996
                                    

Date of Revisions: 
October 12, 2020

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:32

102.E1 - Annual Notice of Nondiscrimination

102.E1 - Annual Notice of Nondiscrimination

The Algona Community School District offers career and technical programs in the following areas of study:

Agricultural Business and Management
Construction Trades
Radio and Television Broadcasting Technology/Technician
Business/Commerce General
Health Services
Family and Consumer Science
Automotive

It is the policy of the Algona Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity, and socioeconomic status (for programs) in its educational programs and its employment practices.  There is a grievance procedure for processing complaints of discrimination.  If you have questions or a grievance related to this policy please contact the Equity Coordinator, 600 S. Hale St. Algona, Iowa 50511, 515-295-3528.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:36

102.E2 - Continuous Notice of Nondiscrimination

102.E2 - Continuous Notice of Nondiscrimination

It is the policy of the Algona Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity, and socioeconomic status (for programs) in its educational programs and its employment practices.  There is a grievance procedure for processing complaints of discrimination.  If you have questions or a grievance related to this policy please contact the Equity Coordinator, 600 S. Hale St. Algona, Iowa 50511, 515-295-3528.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:37

102.E3 - Notice of Section 504 Student and Parental Rights

102.E3 - Notice of Section 504 Student and Parental Rights

The Algona Community School District does not discriminate in its educational programs and activities on the basis of a student’s disability.  It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students.  As a parent, you have the right to the following:

  • Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student’s disability and at the same level as students without disabilities;
  • Receipt of free educational services to the extent they are provided students without disabilities:
  • Receipt of information about your child and your child’s educational programs and activities in your native language;
  • Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request re-evaluation of your child.
  • Inspect and review your child’s educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child’s educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child’s file explaining why you feel the records are misleading or inaccurate; and
  • Hearing before an impartial hearing officer if you disagree with your child’s evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Algona Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity, and socioeconomic status (for programs) in its educational programs and its employment practices.  There is a grievance procedure for processing complaints of discrimination.  If you have questions or a grievance related to this policy please contact the Equity Coordinator, 600 S. Hale St. Algona, Iowa 50511, 515-295-3528.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:39

102.E4 - Complaint Form

102.E4 - Complaint Form

See form attached.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:40
File Attachments

102.E5 - Witness Disclosure Form

102.E5 - Witness Disclosure Form

See form attached.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:56

102.E6 - Disposition of Complaint Form

102.E6 - Disposition of Complaint Form

See form attached.

 

dawn@iowaschoo… Thu, 01/16/2020 - 09:58

102.R1 - Grievance Procedure

102.R1 - Grievance Procedure

It is the policy of the Algona Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.  There is a grievance procedure for processing complaints of discrimination.  If you have questions or a grievance related to this policy please contact the Equity Coordinator, 600 S. Hale St. Algona, IA  50511 515-295-3528.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination.  The district has policies and procedures in place to identify and investigate complaints alleging discrimination.  If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor.  However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below.  Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies.  Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint
A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s).  An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists.  Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested.  The equity coordinator(s) shall assist the Complainant as needed.

Investigation
Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved.  The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy.  The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the individual named in the complaint to provide a written statement;
  • A request for witnesses identified during the course of the investigation to provide a written statement;
  • Interivews of the Complainant, Respondent, or witnesses;
  • An opportunity to present witnesses or other relevant information; and
  • Review and collection of documentation or information deemed relevant to he investigation

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision with 5 working days of completing the written report.  Notification shall be by U.S. mail, first class.

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless with 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered.  The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent.  With 30 working days, the superintendent shall affirm, reverse, amend the

decision, or direct the equity coordinator to gather additional information.  The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision with 5 working days of the decision.  Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited.  Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

 

dawn@iowaschoo… Thu, 01/16/2020 - 10:01

103 - Long Range Needs Assessment

103 - Long Range Needs Assessment

Long range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectations of students and determines how well students are meeting student learning goals.  The board shall conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation as responsible citizens and successful wage earnersFeedback regarding the needs assessment shall be provided to the Board of Education and School Improvement Task Force.

In conjunction with the in-depth needs assessment of the school district, the Board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the Board in determining the priorities of the school district in addition to the basic skills areas of the education program.

It shall be the responsibility of the Superintendent to ensure the school district community is informed of students’ progress on state and locally determined indicators.  The Superintendent shall report annually to the Board about the means used to keep the community informed.

As a result of the Board and the committee’s work, the Board shall determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the needs;

establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and Policy maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district’s progress made under the plan to the committee, community and Iowa Department of Education.

 

 

Legal Reference:                    
(Code of Iowa)

Chapters 21, 256.7(4), 280.12, .18,   
281 IA Admin. Code 12.8(1)(b).

Date of Adoption:  
June 19, 1989                                                 

Date of Review:          
October 12, 2020

Date of Revision: 
May 9, 2016

 

dawn@iowaschoo… Thu, 01/16/2020 - 10:04

104 - Anti-Bullying/Anti Harassment Policy

104 - Anti-Bullying/Anti Harassment Policy

The Algona Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.  

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board. 

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy.  The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame.  Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.

If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district, a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Retaliation Prohibited
Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.  

Definitions 
For the purposes of this policy, the defined words shall have the following meaning:  

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means.  “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.  
  • “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions: 
    1. Places the individual in reasonable fear of harm to the individual’s person or property. 
    2. Has a substantial detrimental effect on the individual’s physical or mental health.  
    3. Has the effect of substantially interfering with the individual’s academic or career performance.  Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school. 
  • “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

Publication of Policy 
The board will annually publish this policy. The policy may be publicized by the following means:

  • Inclusion in the student handbook,
  • Inclusion in the employee handbook
  • Inclusion in the registration materials
  • Inclusion on the school or school district’s web site,
  • (other)                                                                                                     

 

NOTE: This is a mandatory policy. School districts are required to collect and report data regarding instances of bullying and harassment as required by law. 

 

NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.

 

Legal Reference: 20 U.S.C. §§ 1221-1234i.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7. 
42 U.S.C. §§ 12101 2et. seq.
Iowa Code §§ 216.9; 280.3; 28;    
281 I.A.C. 12.3(6).
Morse v. Frederick, 551 U.S. 393 (2007)

Adopted:
November 9, 2015

Revised: August 14, 2023

Reviewed:
October 12, 2020

August 14, 2023

 

dawn@iowaschoo… Thu, 01/16/2020 - 10:07

104.E1 - Complaint Form

104.E1 - Complaint Form

See form attached.

 

dawn@iowaschoo… Thu, 01/16/2020 - 10:10
File Attachments

104.E2 - Witness Disclosure Form

104.E2 - Witness Disclosure Form

See form attached.

 

dawn@iowaschoo… Thu, 01/16/2020 - 10:12

104.R1 - Anti-Bullying/Anti-Harassment Investigation Procedures

104.R1 - Anti-Bullying/Anti-Harassment Investigation Procedures

Filing a Complaint
An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee.  The complaint form is available at https://algona.iowaschoolfinance.com/sites/algona.iowaschoolfinance.com… If the complainant is a school employee, after filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.

An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists.  Complaints shall be filed within [state number of days - 180] of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed. 

Investigation 
The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The [superintendent or the superintendent’s designee or name the position if not the superintendent] (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.  

The investigation may include, but is not limited to the following: 

  • Interviews with the Complainant and the individual named in the complaint (“Respondent”)
  • A request for the Complainant to provide a written statement regarding the nature of the complaint; 
  • A request for the Respondent to provide a written statement; 
  • Interviews with witnesses identified during the course of the investigation; 
  • A request for witnesses identified during the course of the investigation to provide a written statement; and 
  • Review and collection of documentation or information deemed relevant to the investigation. 

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy.  Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal 

The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy.  Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible. 

Additional suggestions for administrative procedures regarding this policy include: 

  • Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and
  • Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior. 

Decision 
The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation.  If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion.  If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination.  If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds. 

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy.  Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.  
 

NOTE: School districts must include a number of requirements in the district anti-bullying/anti-harassment policy. This regulation builds on the requirements addressed in IASB sample policy 104 by more specifically detailing sample investigation procedures. Districts should ensure that the district’s practice is reflective of the policy and regulations that the district’s leadership team has established. Please remember that the procedures outlined here should be consistent with the policy. 

 

NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.

Reviewed: August 14, 2023

Revised: August 14, 2023

dawn@iowaschoo… Thu, 01/16/2020 - 10:15

105 - Therapy Animals

105 - Therapy Animals

School Therapy Dogs certified with their owners/handlers as Certified Therapy Dogs provide social emotional and physical support in the educational setting. These highly trained dogs model good behavior, tolerance, acceptance and assist with student’s behavior concerns. All Certified Therapy Dogs in the Algona School District work to support students, positively influence student achievement and support student’s social and emotional health.

Definition: Therapy dogs are dogs trained and certified to provide social emotional or therapeutic functions under the direction and control of a qualified handler who works with the dog as a team. Such dogs, with their handlers, perform such functions within the school setting,  community-based group settings, or when providing services to specific persons.

Therapy dogs will be certified through Alliance of Therapy Dog, Love on a Leash, or an AKC therapy dog certification program approved by administration prior to being placed within a school building. This training is the responsibility of the handler. A current certificate showing active certification should be kept in the handler’s building administrative office. Therapy dogs are owned by Algona Community School staff members who wish to use a therapy dog to augment building educational programs. They will abide by the Therapy Dog Handler Ethics code.

The owner(s), as identified on the Therapy dog vital information form, of identified Therapy Dog(s) will be responsible for all costs associated with the training and certification, general care, feeding and veterinarian care for therapy dog(s).

Conditions of Use:
Therapy Dogs may be used in the school setting on a regular basis when the following documentation is in place:

1) Administrative Approval - The use of the animal or animals must be approved by the administrator(s) of the building(s) in which the Professional Therapy Dog’s handler works yearly. A current letter stating this approval should be written and kept on file in the building. 

2) Health Records
The owner/handler must provide a record of annual vaccinations received by the dog and signed by a veterinarian; these health records should be kept on file in the school building administrative office.  

3) Hygiene and Animal Care Guidelines:

  • The dog should receive a bordatella vaccination annually; rabies vaccinations and five- way parvo/distemper (DHPP) shall be updated every three years. Please note: dogs less than one year of age or receiving their rabies and parvo vaccinations for the first time shall receive a follow-up vaccine in one year, with vaccinations every three years thereafter.
  • The dog should be given an annual comprehensive wormer or fecal check for worms.
  • The dog should be checked for external parasite control.
  • All owners will give preventive parasite (fleas and ticks) control and heartworm medication year-round. Annual tests for heart worm are recommended. The dog should be groomed and bathed regularly. Good judgment should be used based on the dog’s hair, skin, and dander concerns.

3) Documentation
The following documents should be up to date and kept on file in the school building and the office of the Coordinator of Special Education.

  • A copy of the Alliance of Therapy Dog, Love on a Leash, or an AKC therapy dog certification program approved by administration certificate of completion.
  • A signed copy of the Therapy Dog Handler Ethics
  • The Therapy Dog guidelines and procedures utilized at the school site (determined by the administrator and dog owner/handler).
  • Dates, method, and participants for sharing the guidelines and procedures with staff and students (minimum of once a year)
  • Proof of insurance

4) Insurance
A district staff member using a therapy dog according to the above guidelines, must be covered by their private insurance policy (minimum $1 million liability coverage). A current copy of liability insurance should be kept on file in the administrative office of the building where the Therapy Dog is located.

5) The privilege to bring a Therapy Dog into the school setting may be terminated:

  • If the handler or dog behave in a way deemed unprofessional or unsafe.
  • Any time the school administration deems it necessary to end the program due to student, building or district needs.

Service Animals
These guidelines pertain to therapy dogs and pet visitation dogs only.  For staff and students requiring the assistance of a "Service Animal," the District will comply with the Americans with Disabilities Act and Iowa Code Chapter 216C.  Also:  See Code No. 646.

Legal References:
Code of Iowa § 279.8

Date of Review
November 11, 2020

Date of Revisions

 

***Supporting documents:  not actually a part of the actual policy.

 

 

jcarter@algona… Mon, 10/26/2020 - 15:28

106 - Discrimination and Harassment Based on Sex Prohibited

106 - Discrimination and Harassment Based on Sex Prohibited

Policy 106: Title IX - Discrimination and Harassment Based on Sex Prohibited

Status: APPROVED

Original Adopted Date: 10/12/2020 | Last Reviewed Date: 08/12/2024

 

 

In accordance with Title IX of the Education Amendments Act of 1972, the Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment.  

The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX.  This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX.  For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Jon Hueser, Special Education Director & Title IX Coordinator, 600 S. Hale St, Algona, IA 50511, 515-295-3528, jhueser@algona.k12.ia.us.

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.
 

NOTE: This is a mandatory policy. 

 

Legal Reference:

20 U.S.C. § 1681 et seq.
34 C.F.R. § 106 et seq.

 

 

U.S.C. - United States Code

Description

20 U.S.C. §§ 1681

Education - Sex

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

Cross References

Code

Description

501.12

Pregnant Students

 

 

 

jcarter@algona… Fri, 11/13/2020 - 12:37

Policy 106.1: Title IX - Discrimination and Harassment Based on Sex Prohibited

Policy 106.1: Title IX - Discrimination and Harassment Based on Sex Prohibited

 

Policy 106.1: Title IX - Discrimination and Harassment Based on Sex Prohibited

Status: UNDER REVIEW TO ADOPT

Original Adopted Date: 08/12/2024 | Last Reviewed Date:

 

 

The board believes in the importance of creating a learning environment where all students can succeed.  For this reason, it is essential that all students and employees have appropriate access to the education program and activities of the district. The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.

Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.  Conduct that  occurs under the district’s education program or activity includes but is not limited to conduct that occurs in a building owned or controlled by the district or a student organization that is officially recognized by a postsecondary institution, and conduct that is subject to the recipient’s disciplinary authority.

The Superintendent or their designee will develop administrative regulations in furtherance of this policy.

Important Definitions

Complainant means a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Respondent means a person who is alleged to have violated the District’s prohibition on sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

(1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(i) The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;

(ii) The type, frequency, and duration of the conduct;

(iii) The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

(iv) The location of the conduct and the context in which the conduct occurred; and

(v) Other sex-based harassment in the recipient’s education program or activity; or

(3) Specific offenses.

(i) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

(ii) Dating violence meaning violence committed by a person:

(A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:

(1) The length of the relationship;

(2) The type of relationship; and

(3) The frequency of interaction between the persons involved in the relationship;

(iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:

(A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;

(B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

(C) Shares a child in common with the victim; or

(D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

(iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) Fear for the person’s safety or the safety of others; or

(B) Suffer substantial emotional distress.

Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

(1) Restore or preserve that party’s access to the recipient’s education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or

(2) Provide support during the recipient’s grievance procedures or during an informal resolution process.

Legal Reference :                        34 C.F.R. 106

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Tue, 07/09/2024 - 14:52

Regulation 106.1-R(1): Title IX - Discrimination and Harassment Based on Sex Prohibited - Education on Title IX Purpose and Requirements

Regulation 106.1-R(1): Title IX - Discrimination and Harassment Based on Sex Prohibited - Education on Title IX Purpose and Requirements

 

Regulation 106.1-R(1): Title IX - Discrimination and Harassment Based on Sex Prohibited - Education on Title IX Purpose and Requirements

Status: UNDER REVIEW TO ADOPT

Original Adopted Date: 08/12/2024 | Last Reviewed Date: 08/12/2024

 

 

All employees will receive training on the district’s obligation to address sex discrimination in the district’s education programs and activities.  The training will include but not be limited to the scope of conduct that constitutes sex discrimination under Title IX, including the definition of sex-based harassment, pregnancy-related conditions and the district’s response to sex discrimination.

Employees who serve as investigators, decision makers, are responsible for implementing grievance procedures, or who can modify or terminate supportive measures will receive training that includes but is not limited to the district’s response to sex discrimination, grievance procedures, how to serve impartially (if applicable to their role), and the meaning of the term “relevant” as applied in 34 CFR 106.45 &.46.

Employees who facilitate informal resolutions will receive the training for all employees listed above as well as training on the requirements of the informal resolution process and how to serve impartially.

 Employees who serve as the Title IX coordinator or designee must receive all of the training listed above as well as their job specific responsibilities, recordkeeping requirements, and any other training necessary to comply with Title IX.
 

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Thu, 07/11/2024 - 10:26

Regulation 106.1-R(2): Title IX - Discrimination and Harassment Based on Sex Prohibited - Nondiscrimination in Pregnancy and Related Conditions UNDER REVIEW

Regulation 106.1-R(2): Title IX - Discrimination and Harassment Based on Sex Prohibited - Nondiscrimination in Pregnancy and Related Conditions UNDER REVIEW

 

Regulation 106.1-R(2): Title IX - Discrimination and Harassment Based on Sex Prohibited - Nondiscrimination in Pregnancy and Related Conditions

Status: UNDER REVIEW TO ADOPT

Original Adopted Date: 08/12/2024 | Last Reviewed Date: 08/12/2024

 

 

It is a priority of the District that all students have the opportunity to succeed academically.  In particular, students who are experiencing pregnancy and related conditions should receive the supports necessary to continue their education through successful completion.  For this purpose, the District outlines measures the District will take to ensure opportunity for academic success for pregnant students.

Pregnant students will be treated in the same manner as other students with temporary medical conditions.  When a student or their parent informs any employee of the student’s pregnancy or related conditions, the employee will provide the Title IX Coordinator’s contact information to the student or student’s parents, and explain that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and endure the student’s equal access to the recipient’s education program or activity.

The Title IX Coordinator will coordinate the following actions:

  • Inform the pregnant student of the district’s obligations and provide the Title IX Notice of Non-Discrimination.
  • Make reasonable modifications to any district policies, practices or procedures as necessary to prevent sex discrimination and help ensure equal access to the district’s education program and activities. Modifications will be tailored to the needs of the student and will not fundamentally alter the education program or activities.
  • Allow the student to voluntarily access any separate and comparable portion of the education program or activity.
  • Permit the student to take a temporary leave of absence from the education program or activity with no loss of academic status, if deemed medically necessary by the student’s medical provider. 
  • Permit access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion or interruption, and able to be used by a student to express breast milk or breastfeed as needed.

Students affected by this regulation should reach out to the Title IX Coordinator with any questions or concerns related to the implementation of this regulation.
 

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Thu, 07/11/2024 - 10:27

Regulation 106.1-R(3): Title IX - Discrimination and Harassment Based on Sex Prohibited - Responding to Complaints of Sex Discrimination UNDER REVIEW

Regulation 106.1-R(3): Title IX - Discrimination and Harassment Based on Sex Prohibited - Responding to Complaints of Sex Discrimination UNDER REVIEW

 

Regulation 106.1-R(3): Title IX - Discrimination and Harassment Based on Sex Prohibited - Responding to Complaints of Sex Discrimination

Status: UNDER REVIEW TO ADOPT

Original Adopted Date: 08/12/2024 | Last Reviewed Date: 08/12/2024

 

 

The district will respond to reports of sex discrimination promptly and efficiently.  All district employees are required to immediately notify the Title IX Coordinator when they have information about conduct that may reasonably constitute sex discrimination.  Failure to timely notify the Title IX Coordinator may result in disciplinary action up to and including termination of employment.

The Title IX Coordinator will:

  • Treat the complainant and respondent equitably.
  • Offer supportive measures for the Complainant as appropriate, and if grievance procedures have been started, offer supportive measures to the Respondent as appropriate.
  • Notify the complainant of the grievance process and informal resolution process if appropriate and request by all parties.
  • Determine whether to start a complaint of sex discrimination in the absence of a complaint, and in the absence or termination of an informal resolution process.
  • Take appropriate and necessary steps to ensure sex discrimination does not continue to occur within the district.

Meeting with the Complainant

Upon receipt of any report of sexual harassment occurring in the District’s educational program or activity, the Title IX Coordinator or designee will schedule a meeting with the Complainant in order to provide the Complainant a general understanding of this policy and related processes. At the initial intake meeting with the Complainant, the Title IX Coordinator or designee will seek to determine how the Complainant wishes to proceed. The Complainant may opt for: (1) informal resolution; (2) formal resolution; or (3) not proceeding.  Supportive measures may still be offered whether or not the Complainant chooses any of these options.

Supportive Measures

Supportive measures may vary based on the specific facts of each situation and what the district can reasonably offer.  The purpose of supportive measures is to allow equitable access to the education program and activities for the parties involved in a complaint.  Supportive measures will not be used as a punishment for any party.  They may include but are not limited to counseling, extensions of deadlines or other course-related adjustments, campus escort services, increased monitoring of certain areas of campus, restrictions on contact applied to one or more individuals, leave of absence, changes in class/work/extracurricular activity, and training and education programs related to sex-based harassment. The District will review supportive measures and determine whether to modify or terminate these measures at the conclusion of any grievance or informal resolution process. 

Informal Resolution

The District may offer to the complainant and respondent the option to engage in an informal resolution process to resolve complaints of sex discrimination unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws.  The informal resolution process can occur at any time prior to a determination of whether sex discrimination occurred.  The parties to a complaint must voluntarily consent to the informal resolution.  Before the parties may consent to this process, the Title IX Coordinator will provide notice to the parties that explains: 

  • The allegations; 
  • The requirements of the informal resolution process; 
  • That, before agreeing to a resolution, either party may withdraw their consent to the informal process and start or resume a grievance process; 
  • That the parties’ agreement to a resolution through the informal process would be a final resolution that would stop any grievance process for those allegations; 
  • Possible terms that could be included in an informal resolution agreement; 
  • That resolution is binding only on the parties; and 
  • What information the District will retain and whether/how that information may be disclosed.

If informal resolution is pursued, the Title IX Coordinator will provide the parties with written notice of the allegations and provide adequate time for the Title IX Coordinator to consult with all parties to gather relevant permissible evidence, discuss supportive measures for each party, if appropriate, and discuss an acceptable resolution to the allegations. Once an agreement is reached, the Title IX Coordinator will commit the terms to writing and each party will sign their commitment to the agreement.  

Emergency Removal and Administrative Leave

In rare circumstances, the District may remove a student respondent from the education program or activity after the district performs an individualized safety and risk analysis and decides an imminent and serious threat to the health or safety of the complainant or others justifies removal.  The District will provide the respondent with notice and the opportunity to challenge the decision immediately after the removal.  

Likewise, the District may determine to place employee respondents on administrative leave during the pendency of the grievance process.   
 

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Thu, 07/11/2024 - 10:28

Regulation 106.1-R(4): Title IX - Discrimination and Harassment Based on Sex Prohibited - Grievance Procedure UNDER REVIEW

Regulation 106.1-R(4): Title IX - Discrimination and Harassment Based on Sex Prohibited - Grievance Procedure UNDER REVIEW

 

Regulation 106.1-R(4): Title IX - Discrimination and Harassment Based on Sex Prohibited - Grievance Procedure

Status: UNDER REVIEW TO ADOPT

Original Adopted Date 08/12/2024 | Last Reviewed Date: 08/12/2024

 

 

This regulation discusses the steps required in handling complaints of sex discrimination when the allegation is that an individual(s) engaged in conduct that constitutes sex discrimination.  

The following individuals can make a complaint of sex discrimination, including complaints of sex-based harassment, and request the District to investigate and make a decision about alleged Title IX violations: a complainant, a parent, guardian or other authorized legal representative with the legal right to act on behalf of the complainant, the Title IX Coordinator.  

The following individuals can make complaints of sex discrimination but not sex-based harassment: any student or employee, any person other than a student or employee who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

The district’s designated Title IX Coordinator is Jon Hueser, Special Education Director & Title IX Coordinator, 600 S. Hale St. Algona, IA 50511, 515-295-3528, jhueser@algona.k12.ia.us.

The District will treat complainants and respondents equitably. The District requires that the Title IX Coordinator and any other District official involved in facilitating these grievance procedures not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

I.  Timeframes for Investigation, Decision and Appeal

The District has established the following time frames for the major stages of the grievance procedures. Generally, the District will attempt to complete the investigation and make a determination regarding responsibility within twenty (20) calendar days of receipt of a complaint. However, the District may alter or extend this time with notice to both parties. The time it takes to complete the resolution of a sexual harassment complaint may vary based on the complexity of the investigation and the severity and extent of the alleged conduct, as well as on whether there is a parallel criminal investigation, or if school breaks occur during the process. The Investigator will issue a written decision to all parties.

The complaint is closed after the Investigator has issued the written decision, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why they believe the decision should be reconsidered. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision. 

The decision of the superintendent shall be final. 

The District has also established the following process that allows for the reasonable extension of time frames on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. The Investigator will determine whether, based on the complexity of the issues or quantity of the evidence to review, an extension is warranted. If an extension is warranted, the Title IX Coordinator or Investigator will notify all parties to the complaint and provide a reasonable amended time frame by which a decision will be issued.

II.   Privacy and Neutrality of the Grievance Process

The District will take reasonable steps, including requiring the parties to protect the privacy of the parties and witnesses during its grievance procedures, however, absolute confidentiality for the parties cannot be guaranteed. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

  • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless The District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
  • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

III.   Notice of Allegations

Upon initiation of the District’s Title IX grievance procedures, The District will notify the parties of the following:

  • The District’s Title IX grievance procedures and any informal resolution process; 
  • Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
  • Retaliation is prohibited; and
  • The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence. [If the District provides a description of the evidence: The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.]

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

IV.    Investigation

The Title IX Coordinator will designate an Investigator to conduct an investigation into any formal complaint. The Investigator must be appropriately trained and serves as a neutral fact-finder, and shall interview both parties, relevant witnesses, and gather and review evidence relevant to the outcome of the complaint.

The District will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on the District, not on the parties, to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

  • The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
  • The District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the District provides a description of the evidence: the District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
  • The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
  • The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

The District will provide a process that enables the Investigator to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The District will provide to the parties prior written notice of the date, time, and location, of any interview of that party. Advisors may attend the interview in an observational capacity only. Advisors will not be permitted to ask questions, intervene, or answer on behalf of any party or witness. 

V.    Determination of Responsibility

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, The District will:

  • Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
  • Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
  • Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
  • If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
    • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District education program or activity limited or denied by sex discrimination;
    • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
    • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District education program or activity.
  • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
  • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

VI.   Dismissal and Appeal of a Complaint:

The District may dismiss a complaint of sex discrimination if:

  • The District is unable to identify the respondent after taking reasonable steps to do so;
  • The respondent is not participating in the District education program or activity and is not employed by the District;
  • The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
  • The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then The District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

  • Procedural irregularity that would change the outcome;
  • New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
  • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If the dismissal is appealed, the District will:

  • Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
  • Implement appeal procedures equally for the parties;
  • Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
  • Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations; 
  • Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
  • Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, The District will, at a minimum:

  • Offer supportive measures to the complainant as appropriate; 
  • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
  • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within The District education program or activity. 

VII.  Appeal of Determinations, if offered

The District offers the following process for appeals from a determination for whether sex discrimination occurred. Within ten (10) working days of receipt of the written determination, any party may appeal the determination and/or any sanction imposed. Appeals will be made in writing to the Superintendent or their designee.
Appeals will be limited to any of the following bases:

  • A procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or
  • The Title IX Coordinator or Investigator(s), had a conflict of interest or bias that affected the outcome of the matter.

Once an appeal has been received, the Investigator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the Investigator to gather additional information. The superintendent shall notify the complainant, respondent, and the Investigator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class. 

The decision of the superintendent shall be final. 

VIII.   Supportive Measures

The District will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the District education program or activity or provide support during the District Title IX grievance procedures or during the informal resolution process. 

IX.   Disciplinary Sanctions and Remedies

Following a determination that a student(s) committed sex-based harassment, the District may impose disciplinary sanctions on the student(s), which may include but not be limited to education and training related to Title IX, removal from the educational environment in accordance with all other applicable laws, change of classroom assignment or class schedule, suspension, expulsion. 

Following a determination that an employee(s) committed sex-based harassment, the District may impose disciplinary sanctions on the employee(s), which may include but not be limited to termination of employment.

The District may also provide remedies, which may include counseling, training, changes or modifications to class or work schedules or assignments, provision of additional supervision.

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Thu, 07/11/2024 - 10:45

Regulation 106.1-R(5): Title IX - Discrimination and Harassment Based on Sex Prohibited - Informal Resolution Procedure UNDER REVIEW

Regulation 106.1-R(5): Title IX - Discrimination and Harassment Based on Sex Prohibited - Informal Resolution Procedure UNDER REVIEW

Regulation 106.1-R(5): Title IX - Discrimination and Harassment Based on Sex Prohibited - Informal Resolution Procedure

Status: UNDER REVIEW TO ADOPT

Original Adopted Date: 08/12/2024 | Last Reviewed Date: 08/12/2024

 

 

This regulation discusses the steps required in handling complaints of sex discrimination when the parties have mutually agreed to pursue informal resolution of complaints of sex discrimination.  

Informal resolution is available unless the complaint is of sex-based harassment by an employee to a student, or if the informal resolution process would conflict with applicable laws.  Prior to consenting to the informal resolution process, the Title IX Coordinator will provide written notice to the parties as described in 106.01R3 and will obtain written consent from both parties to participate in Informal Resolution.  If either party declines to consent to Informal Resolution, the Complainant will be given the option of withdrawing the Title IX complaint and proceeding with supportive measures only (if applicable) or proceeding with the formal grievance procedure described in 106.01R4.

The District will provide a process where the Title IX Coordinator or a trained Informal Resolution facilitator designated by the Title IX Coordinator, will meet with each party to gather information about each party’s perspective on the complaint and proposed resolution to the complaint.  If necessary, the Title IX Coordinator or designee will gather additional information from other individuals, where relevant to developing a proposed resolution to the complaint.

The Title IX Coordinator will propose a resolution in writing to both parties after taking into consideration the requests of the parties and appropriate resolution and supportive measures as determined by the Title IX Coordinator or designee. The Title IX Coordinator or designee will work with the parties to finalize the terms of the resolution agreement. Once agreed upon by the parties, both parties will sign the resolution agreement, which will affirm that they have voluntarily agreed to the resolution agreement and that it is the final, binding resolution of the Title IX complaint.  If both parties sign the Agreement, the Title IX complaint will be closed and no further action will be taken by the District (other than to ensure compliance with the resolution agreement).  In general, the Title IX Coordinator or designee will attempt to complete the Informal Resolution process within ten (10) school days after the parties consent in writing to participate.  The signed Informal Resolution Agreement will be provided to both parties, the building administrator or supervisor responsible for overseeing the implementation of the Agreement, and other District employees only on a need-to-know basis.  A copy will be maintained by the Title IX Coordinator in compliance with the timelines required by Title IX.

If an acceptable agreement cannot be developed, or if either or both parties decline to sign the resolution agreement, the Title IX Coordinator will notify both parties that Informal Resolution has not been successful.  If the Complainant wishes to proceed with the formal grievance procedure described in 106.01R4, the Title IX Coordinator will assign the complaint to an Investigator who was not involved in the Informal Resolution process to conduct the investigation into the complaint.  All procedures and timelines in 106.01R4 will apply once the matter is moved to the formal grievance process.  
 

 

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. 106

Education - Nondiscrimination Based on Sex

lisa.chapman@a… Thu, 07/11/2024 - 10:46

106.1E1 NOTICE OF NON-DISCRIMINATION UNDER REVIEW

106.1E1 NOTICE OF NON-DISCRIMINATION UNDER REVIEW

Code No. 106.1E1

NOTICE OF NON-DISCRIMINATION

 

The District does not discriminate on the basis of sex and prohibits sex discrimination in all education programs and activities operated by the district, as required by Title IX, including in admission and employment. Inquiries about the application of Title IX to the district may be referred to the district’s Title IX coordinator

Jon Hueser, Special Education Director & Title IX Coordinator, 515-295-3528, 600 S. Hale St. Algona, IA 50511, jhueser@algona.k12.ia.us the Office of Civil Rights, or both. The district’s Title IX Nondiscrimination policy and grievance procedures are located in electronic format within the district’s policy reference manual, accessible through the district’s website. For questions locating this policy please contact the Board Secretary.

Individuals wishing to report conduct that may constitute sex discrimination and/or make a complaint of sex discrimination should contact the district’s Title IX Coordinator

Jon Hueser

Special Education Director & Title IX Coordinator

515-295-3528

600 S. Hale St., Algona, IA 50511

 jhueser@algona.k12.ia.us

.

Note: The language in this exhibit is mandatory and should be included in the district’s registration materials, all student and employee handbooks, published on the district’s website, and included in all employment and open enrollment applications.

lisa.chapman@a… Thu, 07/11/2024 - 10:48