Sexual Harassment

Sexual harassment of scholars by other scholars, by employees or Board members of GRPS is prohibited. Sexual harassment of a District employee, volunteer or contractor by any scholar at school or at a school-sponsored event is also prohibited. 

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

1. An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (i.e. quid quo pro harassment)
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 program or activity
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) 

Complaint Procedures

Any scholar, or parent on a scholar’s behalf, who 1) believes he or she has suffered sexual harassment for any reason; 2) witnesses sexual harassment; 3) hears about sexual harassment or sexual harassment allegations from a Complainant (i.e., a person alleged to be the victim) or a third party (e.g., the Complainant’s parent, friend, or peer); or by any other means may report the incident(s) to any District employee. The District employee has the affirmative duty to report the allegation to the Title IX Coordinator. 

Reports may also be sent to Grand Rapids Public Schools,1331 Martin Luther King Jr St. SE., PO Box 117, Grand Rapids, MI 49501-0117, Phone: (616) 819-2000, or the Title IX Coordinator

Title IX Compliance Coordinator 
Department of Athletics Grand Rapids Public Schools 
1331 Martin Luther King Jr St. SE. PO Box 117, Grand Rapids, MI 49501-0117 
Phone: (616) 819-2031 

Reports of sexual harassment shared with the Superintendent, Human Resources, or any other district employee must immediately be reported to the Title IX Coordinator. 

Any person reporting an incident of sexual harassment or anyone involved in the investigation or grievance process shall not suffer any form of retaliation or reprisal. 

All reports of sexual harassment will be promptly addressed according to the grievance procedures outlined in Board policy 8575 and its accompanying rules. Upon receiving actual knowledge of an allegation or being informed of a formal complaint, the Title IX Coordinator shall promptly do the following:

• Immediately contact the Complainant (Complainant in this context can also include the parent/guardian of a scholar, as appropriate) and discuss and offer supportive measures, taking into consideration the Complainant’s wishes regarding supportive measures
• Inform Complainant of the availability of supportive measures with or without the filing of a formal complaint
• Explain to the Complainant the process for filing a formal complaint. 

The superintendent or designee, other than the Title IX Coordinator, shall promptly investigate and initiate the grievance process against a Respondent only when a Complainant files, or the Title IX Coordinator signs, a formal complaint. 

The grievance process requires:

• The Title IX Coordinator, investigator, decision-maker, and those who facilitate informal resolution processes or appeals shall be free of any conflicts of interest.
• The investigator shall send written notice to both parties of the allegations upon receipt of a formal complaint.
• The written notice will include notice of grievance process; notice of allegations in sufficient detail to allow the respondent to prepare a response; a statement that the respondent is presumed not responsible/ responsibility determined at end of process; notice of parties’ rights to have an advisor and inspect/review evidence; and notice of any provision in the code of conduct that prohibits knowingly making false statements or providing false evidence during the grievance process.
• The investigator shall treat the Complainant and Respondent equitably. There shall be a presumption that the Respondent is not responsible.
• The investigator will endeavor to resolve complaints within 60 days, though the actual time will vary depending on the circumstances of each complaint. 

The legal standard that the District will use is the preponderance of the evidence standard (there is a greater than 50% chance that the claim is true).

• Before the preliminary report is finalized – parties/advisors must have at least 10 days to review and respond to all evidence directly related to allegations.
• The investigator shall provide an objective evaluation of all relevant evidence presented or gathered (inculpatory and exculpatory) and provide a final written report.
• The final report (incorporating feedback) shall be provided to the parties/ advisors at least 10 days before the determination of responsibility. 

The grievance process must not use, rely on, or seek disclosure of information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege. 

After the investigative report has been sent to the parties, and before reaching a determination regarding responsibility, the decision maker must 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. The decision maker must explain to the party proposing the question any decision to exclude questions as not relevant.

If the formal complaint is not dismissed, the district will issue a written determination simultaneously to the parties, along with information on how to file an appeal. The determination will include the following information:

• Allegations
• Procedural steps taken
• Findings of fact
• Application of code of conduct to facts
• Statement of and rationale for result as to each allegation, including:
  1. Determination of responsibility
  2. Any disciplinary sanctions
  3. Whether remedies to restore or preserve equal access to the educational program or activity will be provided. 

If a respondent is found to be responsible for sexual harassment, the District must effectively implement supportive measures for the complainant, designed to restore or preserve the complainant’s equal access to education. Examples of supportive measures include, but are not limited to, counseling, course-related adjustments, modification of work or class schedules, increased security or monitoring, or mutual restriction on contact between the parties. The District may impose disciplinary sanctions on the respondent that may include suspension or expulsion from school, or in the case of an employee, receipt of a written warning, suspension from employment and/or termination of employment. 

Appeals: 

The district will offer appeals to both parties for dismissals and final determinations in the following circumstances:

• Procedural irregularity
• New evidence not reasonably available previously
• Conflict of interest for Title IX Coordinator, investigator, or decision-maker 

The district may offer appeals for other reasons on equal terms