EDUCATIONAL PHILOSOPHY

 

Series 100

 

Policy Title: Educational Philosophy of the School District

Code No.: 101

 

As a school corporation of Iowa, the Carroll 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 's ability and willingness to furnish financial support in cooperation with the students’ parent/guardian and school community. The board is also dedicated to providing the opportunity to develop a healthy, safe, social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to and encourages critical thinking in students for a lifetime.

 

The board endeavors, through the dedication of the school 's resources, to encourage students, who come to the school from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, and places in the school community; and to attain recognition as individuals. In order to achieve this goal, the board will seek highly qualified employees dedicated to development of their professional skills for the betterment of the education program and of 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 are instructed as part of a sequentially coordinated curriculum. The school 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 community are essential to achieve educational excellence in the school. The school strives to maintain an active relationship with the home and the school community to create within the students an awareness of dignity and worth of the individual, civic responsibility, and respect for authority.

 

 

 

VISION

Carroll Community School District inspires excellence in learning

to prepare all students for success.

 

 

DISTRICT MISSION STATEMENT

 

Inspiring Learning and Excellence for All

 

 

 

CORE VALUES

Teaching     → Learning every day

Inclusivity → Welcoming everyone 

Growth → Improving ourselves 

Excellence → Striving to be our academic best

Respect    → Choosing kindness            

Safety → Caring for each other     

 

 

Date of Adoption/Review/Revision:

July 2003

July 2006

July 2009

July 2012

July 2015

October 2018

December 2023

 

EDUCATIONAL PHILOSOPHY

Series 100

Policy Title: Equal Educational Opportunity Code No. 102

 

Pursuant to Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and other applicable state and federal laws, the Carroll Community School District and its Board of Directors does not discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, or genetic information (for employment) in any of its education programs, activities, or employment opportunities. Further, the board affirms the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.

 

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

 

The District has adopted a grievance procedure for processing complaints of discrimination. The District has also adopted a Title IX grievance procedure specifically for processing reports and formal complaints of sex discrimination, including sexual harassment.

 

 

 

Date of Adoption/Revision:

July 2003

July 2006

July 2007

July 2009

July 2009

July 2012

July 2015

March 2017

October 2018

September 2020

 

 

EDUCATIONAL PHILOSOPHY

Series 100

 

Policy Title: General Grievance Procedure

Code No. 102R1

 

It is the policy of the Carroll Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, or genetic information (for employment) 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 Mrs. Crystal Boes, the Equity Coordinator (cboes@carrolltigers.org), 712-792-8040, 1026 North Adams Street, Carroll, Iowa, 51401. Formal complaints and informal reports of sex discrimination, including sexual harassment, will be referred to the Title IX Coordinator and will be governed by the provisions of Code No. 102.R2.

 

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 making a complaint pursuant to this general grievance procedure 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.

 

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;
• Interviews 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 the 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 within 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 within 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. Within 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 within 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 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.

 

 

Date of Adoption/Revision:

July, 2003

July 2006

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

 

 

 

 

 

 

 

 

EDUCATIONAL PHILOSOPHY

Series 100

 

Policy Title: Title IX Grievance Procedure

Code No. 102R2

 

I.            REPORTING SEX DISCRIMINATION

 

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator. A report may be made whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. A report may be made in person, by mail, by telephone, by electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by contacting the District’s Title IX Coordinator:

Ms. Crystal Boes

District Title IX Coordinator

Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401

712-792-8040

cboes@carrolltigers.org

 

The District, through its Title IX Coordinator, will respond promptly, reasonably, and equitably to all reports of sex discrimination, including sexual harassment, occurring in its educational programs or activities and against a person in the United States.

 

For purposes of this procedure, “complainant” is defined as an individual who is alleged to be the victim of conduct that could constitute sexual harassment, and the term “respondent” is defined as an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

 

For purposes of this procedure, “sexual harassment” means conduct on the basis of sex that involves:

 

• A District employee conditioning District aid, benefits, or services on an individual’s participation in unwelcome sexual conduct;
• 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 recipient's education program or activity; or
• Sexual assault, dating violence, domestic violence, or stalking as defined by the statutes cited in 34 C.F.R. § 106.30.

 

For purposes of this procedure, “education program or activity” includes locations, events, or circumstances over which the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

 

In response to any report of sex discrimination, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures. Supportive measures are available with or without filing a formal complaint. The Title IX Coordinator will also consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

 

II.            SUPPORTIVE MEASURES

 

The range of supportive measures available to complainants and respondents may include:

• counseling,
• extensions of deadlines or other course-related adjustments,
• modifications of work or class schedules,
• campus escort services,
• mutual restrictions on contact between the parties,
• changes in work or housing locations,
• leaves of absence,
• increased security and monitoring of certain areas of the campus,
• and other similar measures as deemed appropriate by the Title IX Coordinator after considering the wishes of complainant and the facts and circumstances of the complaint.

 

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

 

III.            SANCTIONS

 

Disciplinary sanctions cannot be imposed against a respondent unless a formal complaint is filed, and the grievance procedure described below is completed. Possible disciplinary sanctions that may be implemented following a determination of responsibility include but are not limited to any of the disciplinary measures described in chapter 536 of these policies, up to and including expulsion.

 

IV.            GRIEVANCE PROCESS FOR FORMAL COMPLAINTS OF SEXUAL HARASSMENT

 

Title IX Grievance Process Generally

 

The District will apply this Title IX Grievance process whenever a formal complaint of sexual harassment is filed with the Title IX Coordinator. A “formal complaint of sexual harassment” is any document filed by a person alleging to be victim of conduct that could constitute sexual harassment (“complainant”) or signed by the Title IX Coordinator. It does not need to be filed in paper form. It also does not need to be signed by the complainant, but it must indicate that the complainant is the person filing the complaint.

The grievance process is designed to restore or preserve a complainant’s and respondent’s equal access to the District’s education programs and activities. Remedies may include supportive measures for the complainant as well as disciplinary sanctions against the respondent.

In investigating and resolving formal complaints under this grievance process, the District will observe the following requirements:

• The District shall evaluate all relevant evidence—including both inculpatory and exculpatory evidence. The District will not judge a person’s credibility based on their status as a complainant, respondent, or witness. Furthermore, the district will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

 

• The Title IX Coordinator and any person designated as an investigator, initial decision-maker, appellate decision-maker, or informal resolution facilitator will promote an impartial investigation and adjudication, will not have a conflict of interest with any party to the complaint, and will not hold a bias for or against any party to the complaint. They will not rely on sex stereotypes in performing their duties under this procedure. These persons shall also be appropriately trained regarding this grievance procedure, necessary technology, and applicable laws and regulations.

 

• The respondent to a formal complaint of sexual harassment is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The standard of proof for determining responsibility will be a preponderance of the evidence. This standard shall apply whether the respondent is a student or an employee.

 

• The District has prescribed procedural deadlines throughout the grievance process in order to ensure the reasonably prompt resolution of a complaint, including reasonably prompt resolution of any appeal and any informal resolution procedures. However, the District may permit a temporary delay of the grievance process or the limited extension of these deadlines for good cause. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. A written request for a delay or extension of such deadlines may be submitted to the Title IX Coordinator by either party prior to the lapse of the applicable deadline. Whether to grant an extension of time is a discretionary decision of the Title IX Coordinator and is not a basis for appeal.

 

Notice of Allegations

 

Within five (5) days after receiving of a formal complaint, the District will provide a written Notice of Allegations to the parties who are known. In addition to other information required by law, the Notice of Allegations will include a description of this grievance process, including any informal resolution process; the names of the parties involved in the incident; a statement of the conduct allegedly constituting sexual harassment; and the date and location of the alleged incident, if known.

 

Administrative Dismissal

 

The District will dismiss a formal complaint if, at any time following the receipt of a formal complaint, the District determines that: 

• the conduct alleged would not constitute “sexual harassment” as defined by this policy even if proved,
• the conduct alleged did not occur in the district’s educational program or activity,
• the conduct alleged did not occur against a person in the United States,
• the complainant notifies Title IX Coordinator in writing of desire to withdraw formal complaint,
• the respondent is no longer enrolled or employed by the District, or
• specific circumstances prevent the District from gathering evidence sufficient to reach a determination.

 

The District will promptly notify the parties of an administrative dismissal and the reason for the dismissal.

 

 

Informal Resolution

 

Some formal complaints may be resolved through an informal resolution process. If the parties agree to participate in an informal resolution process, the Title IX Coordinator work with parties to reach a mutually agreeable resolution without completing the full Title IX grievance procedure. The informal resolution process is voluntary process and may be attempted at any stage of this procedure prior to the issuance of a determination of responsibility. A party shall not be punished or disadvantaged in any way for declining to participate in an informal resolution process.

 

The manner of the informal resolution process will be determined on a case-by-case basis by the Title IX Coordinator, who will consider the suggestions of the parties. The informal resolution process may include but is not limited to a conference with the Title IX coordinator, or mediation facilitated by a trained third-party. Before an informal resolution process is commenced, the Title IX Coordinator will provide a written notice disclosing the manner of the informal resolution process, the effects of the process on the formal grievance procedure, and the rights of the parties to withdraw from the informal resolution process. The parties must then consent to the informal resolution process in writing.

 

At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

 

Informal resolution is NOT available for formal complaints alleging an employee sexually harassed a student. Additionally, the District cannot facilitate an informal resolution between a complainant and respondent unless a formal complaint has been filed.

 

Investigation of the Complaint

 

It is the District’s duty to gather evidence sufficient to make a determination of responsibility with respect to each of the allegations described in the Notice of Allegations. The Title IX Coordinator or an impartial District employee designated by the Title IX Coordinator will perform the investigation, which may include interviewing the parties and other witnesses; obtaining documents, data, or other materials; and reviewing any other evidence related to the allegations of the formal complaint. The investigator will not access or consider a party’s medical or mental health records without written consent from the party or the party’s parent, as required by law. The parties will be allowed an equal opportunity to provide additional evidence to the investigator or refer the investigator to additional witnesses.

 

The District shall not prohibit the parties from discussing the allegations of the formal complaint or gathering and presenting additional evidence to the investigator. Furthermore, either party is entitled to the presence of an advisor—who may or may not be an attorney—during any investigative interview or other grievance proceeding for which the party’s attendance is invited or required. The party and their advisor will be provided written notice of the date, time, and location of any such proceeding and reasonable time to prepare to participate. However, the District may, at its discretion, limit equally for both parties the extent of the advisor’s participation.

 

Unless additional time for a full and fair investigation is deemed necessary by the Title IX Coordinator the investigator or granted to a party upon a showing of good cause, the District will strive to complete its investigation within sixty (60) days after receiving of a formal complaint. At the conclusion of the investigation, the District will provide both parties and any advisors a copy of all evidence gathered by the District that is directly related to the allegations in the formal complaint for inspection and review. The evidence may be provided to the parties in electronic or paper form. Both parties will be allowed ten (10) days to submit a written response to the evidence gathered. After considering any written responses, the investigator will provide the parties and their advisors with a written Investigative Report that fairly summarizes the relevant evidence.

 

The parties will be allowed an additional ten (10) days to submit a written response to the Investigative Report prior to any determination of responsibility. The District will also allow each party an opportunity to submit written, relevant questions that a party wants asked of any party or witness; provide each party with the answers; and allow for additional, limited follow-up questions from each party. Questions about a complainant’s sexual predisposition or prior sexual behavior are not allowed unless such questions are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

 

Determination of Responsibility

 

The Title IX Coordinator will designate a decision-maker to review the Investigative Report as well as any written responses, questions, and answers submitted with regard to the Investigative Report. The decision-maker must be a different person than the Title IX Coordinator and the investigator. The Title IX Coordinator shall designate any individuals who have received appropriate training as the decision-maker for all Title IX grievances.

 

The decision-maker will issue a reasonably prompt written determination of responsibility regarding the allegations listed in the Notice of Allegations, which will include all information required by law. This determination will be based on the Investigative Report and any responses, questions, and answers submitted. The written determination will be provided simultaneously to both parties. The Title IX Coordinator will be responsible for effective implementation of any remedies imposed by the decision-maker.

 

Appeals

 

Either party may appeal a determination regarding responsibility or the administrative dismissal of a formal complaint by filing a written request for appeal with the Title IX Coordinator within five (5) days after receiving notice of the determination or dismissal. The request must state the basis for the appeal, which must be one of the following grounds:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome of the matter.

 

An appeal that is not based on one of the foregoing grounds will be administratively dismissed. Likewise, an untimely appeal will be administratively dismissed unless there is good cause for the filing delay. Whether good cause exists is in the discretion of the Title IX Coordinator.

 

The Title IX Coordinator will notify the other party in writing that an appeal has been filed and will designate an appellate decision-maker to decide the appeal who must not be the complaint investigator, the Title IX Coordinator, or the same person who reached the determination regarding responsibility or dismissal below. The Title IX Coordinator shall designate any individuals who have received appropriate training as the appellate decision-maker for all Title IX grievances.

 

Both parties will be allowed ten (10) days following the notice of appeal to submit a written statement to the appellate decision-maker supporting or opposing the outcome below. The appellate decision-maker will consider these statements as well as the Investigative Report and any questions, and answers submitted to the initial decision-maker. The appellate decision-maker will then issue a written decision describing the result of the appeal and the rationale in a reasonably prompt manner. The decision will be provided to the parties simultaneously.

 

V.            RECORDKEEPING AND CONFIDENTIALITY

 

For a period of seven (7) years, the District will retain the records of each sexual harassment investigation, including any written initial or appellate determination; any documentation regarding any disciplinary sanctions or remedies imposed; and any informal resolution and the result thereof. The District will also retain all materials used to train the District personnel involved in administering this grievance procedure. The District will also retain for a period of seven (7) years records of any actions, including supportive measures, taken in response to a report of sexual harassment that is not filed as a formal complaint.

 

The District will keep confidential the identity of any individual who has made a report or complaint of sexual harassment, any individual who has been reported for sexual harassment, any respondent, and any witness, except as necessary to carry out this grievance procedure and to satisfy the District’s duties under the Family Educational Rights and Privacy Act (FERPA) or any other applicable law.

 

VI.            RETALIATION

 

Intimidating, threatening, coercing, discriminating, or otherwise retaliating against any individual because they have made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under this policy is prohibited.

 

Reference: 34 C.F.R. Part 106

 

Adopted: September 2020

 

 

 

 

 

 

 

 

 

EDUCATIONAL PHILOSOPHY

Series 100

 

Policy Title: Section 504 Notice of Nondiscrimination

Code No.: 102E1

 

Students, parents, employees and others doing business with or performing services for the Carroll Community School District are hereby notified that this school district does not discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, or genetic information (for employment) in any of its education programs, activities, or employment opportunities, pursuant to Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable state and federal laws. This prohibition on discrimination applies to admission and employment.

 

The District has adopted grievance procedures for processing and resolving formal and informal Title IX sex discrimination and sexual harassment complaints and other discrimination complaints.  Inquiries regarding sex discrimination pursuant to Title IX of the District’s nondiscrimination policy may be directed to the District’s Title IX Coordinator: Ms. Crystal Boes (cboes@carrolltigers.org); Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401; 712-792-8040; other grievances or complaints related to the District’s nondiscrimination policy may be directed to the District’s Equity Coordinator, Ms. Crystal Boes (cboes@carrolltigers.org); Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401; 712-792-8040.

 

Inquiries related to sex discrimination pursuant to Title IX may also be referred to U.S. Department of Education (attn. Assistant Secretary, Office for Civil Rights; 400 Maryland Avenue Southwest, Washington, DC 20202; 800-421-3481; OCR@ed.gov).  Inquires related to other grievances or complaints may be directed to the Director of the Office for Civil Rights U.S. Department of Education, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661-7204, Telephone: (312) 730-1560 Facsimile: (312) 730-1576, Email: OCR.Chicago@ed.gov)

 

Date of Adoption/Revision

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

 

 

 

 

 

 

Policy Title: Grievance Form for Complaints of Discrimination (Non-Title-IX)

Code No.: 102E2

 

I,                                                                , am filing this grievance because

(Attach additional sheets if necessary)

Describe incident or occurrence as accurately as possible:

(Attach additional sheets if necessary)

Signature
Address
Phone Number
If student, name		Grade Level
Attendance center

 

(Note: This form may but need not be used to file a formal complaint of sexual harassment with the Title IX Coordinator.)

 

Date of Adoption/Revision:

July 2007

July 2009 July 2012 July 2015

March 2017

October 2018

December 2019

September 2020

Code No. 102E3

 

GRIEVANCE DOCUMENTATION

 

Name of Individual Alleging Discrimination or Non-Compliance

Name
Grievance Date

 

 

State the nature of the complaint and the remedy requested.

 

 

Indicate Principal's or Supervisor's response or action to above complaint.

 

 

Signature of Principal or Supervisor

 

 

 

 

(Note: This form may but need not be used to file a formal complaint of sexual harassment with the Title IX Coordinator.)

 

Date of Adoption/Revision:

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

Policy Title: Section 504 Notice of Nondiscrimination

Code No.: 102E1

 

Students, parents, employees and others doing business with or performing services for the Carroll Community School District are hereby notified that this school district does not discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, or genetic information (for employment) in any of its education programs, activities, or employment opportunities, pursuant to Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and other applicable state and federal laws. This prohibition on discrimination applies to admission and employment.

 

The District has adopted grievance procedures for processing and resolving formal and informal Title IX sex discrimination and sexual harassment complaints and other discrimination complaints.  Inquiries regarding sex discrimination pursuant to Title IX of the District’s nondiscrimination policy may be directed to the District’s Title IX Coordinator: Ms. Crystal Boes (cboes@carrolltigers.org); Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401; 712-792-8040; other grievances or complaints related to the District’s nondiscrimination policy may be directed to the District’s Equity Coordinator, Ms. Crystal Boes (cboes@carrolltigers.org); Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401; 712-792-8040.

 

Inquiries related to sex discrimination pursuant to Title IX may also be referred to U.S. Department of Education (attn. Assistant Secretary, Office for Civil Rights; 400 Maryland Avenue Southwest, Washington, DC 20202; 800-421-3481; OCR@ed.gov).  Inquires related to other grievances or complaints may be directed to the Director of the Office for Civil Rights U.S. Department of Education, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661-7204, Telephone: (312) 730-1560 Facsimile: (312) 730-1576, Email: OCR.Chicago@ed.gov)

 

Date of Adoption/Revision

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

 

 

 

 

 

 

Policy Title: Grievance Form for Complaints of Discrimination (Non-Title-IX)

Code No.: 102E2

 

I,                                                                , am filing this grievance because

(Attach additional sheets if necessary)

Describe incident or occurrence as accurately as possible:

(Attach additional sheets if necessary)

Signature
Address
Phone Number
If student, name		Grade Level
Attendance center

 

(Note: This form may but need not be used to file a formal complaint of sexual harassment with the Title IX Coordinator.)

 

Date of Adoption/Revision:

July 2007

July 2009 July 2012 July 2015

March 2017

October 2018

December 2019

September 2020

Code No. 102E3

 

GRIEVANCE DOCUMENTATION

 

Name of Individual Alleging Discrimination or Non-Compliance

Name
Grievance Date

 

 

State the nature of the complaint and the remedy requested.

 

 

Indicate Principal's or Supervisor's response or action to above complaint.

 

 

Signature of Principal or Supervisor

 

 

 

 

(Note: This form may but need not be used to file a formal complaint of sexual harassment with the Title IX Coordinator.)

 

Date of Adoption/Revision:

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

Policy Title: General Grievance Procedure

Code No. 102R1

 

It is the policy of the Carroll Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, or genetic information (for employment) 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 Mrs. Crystal Boes, the Equity Coordinator (cboes@carrolltigers.org), 712-792-8040, 1026 North Adams Street, Carroll, Iowa, 51401. Formal complaints and informal reports of sex discrimination, including sexual harassment, will be referred to the Title IX Coordinator and will be governed by the provisions of Code No. 102.R2.

 

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 making a complaint pursuant to this general grievance procedure 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.

 

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;
• Interviews 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 the 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 within 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 within 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. Within 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 within 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 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.

 

 

Date of Adoption/Revision:

July, 2003

July 2006

July 2007

July 2009

July 2012

July 2015

March 2017

October 2018

December 2019

September 2020

 

Policy Title: Title IX Grievance Procedure

Code No. 102R2

 

I.            REPORTING SEX DISCRIMINATION

 

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator. A report may be made whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. A report may be made in person, by mail, by telephone, by electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by contacting the District’s Title IX Coordinator:

Ms. Crystal Boes

District Title IX Coordinator

Adams Elementary, 1026 N Adams St., Carroll, Iowa, 51401

712-792-8040

cboes@carrolltigers.org

 

The District, through its Title IX Coordinator, will respond promptly, reasonably, and equitably to all reports of sex discrimination, including sexual harassment, occurring in its educational programs or activities and against a person in the United States.

 

For purposes of this procedure, “complainant” is defined as an individual who is alleged to be the victim of conduct that could constitute sexual harassment, and the term “respondent” is defined as an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

 

For purposes of this procedure, “sexual harassment” means conduct on the basis of sex that involves:

 

• A District employee conditioning District aid, benefits, or services on an individual’s participation in unwelcome sexual conduct;
• 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 recipient's education program or activity; or
• Sexual assault, dating violence, domestic violence, or stalking as defined by the statutes cited in 34 C.F.R. § 106.30.

 

For purposes of this procedure, “education program or activity” includes locations, events, or circumstances over which the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

 

In response to any report of sex discrimination, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures. Supportive measures are available with or without filing a formal complaint. The Title IX Coordinator will also consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

 

II.            SUPPORTIVE MEASURES

 

The range of supportive measures available to complainants and respondents may include:

• counseling,
• extensions of deadlines or other course-related adjustments,
• modifications of work or class schedules,
• campus escort services,
• mutual restrictions on contact between the parties,
• changes in work or housing locations,
• leaves of absence,
• increased security and monitoring of certain areas of the campus,
• and other similar measures as deemed appropriate by the Title IX Coordinator after considering the wishes of complainant and the facts and circumstances of the complaint.

 

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

 

III.            SANCTIONS

 

Disciplinary sanctions cannot be imposed against a respondent unless a formal complaint is filed, and the grievance procedure described below is completed. Possible disciplinary sanctions that may be implemented following a determination of responsibility include but are not limited to any of the disciplinary measures described in chapter 536 of these policies, up to and including expulsion.

 

IV.            GRIEVANCE PROCESS FOR FORMAL COMPLAINTS OF SEXUAL HARASSMENT

 

Title IX Grievance Process Generally

 

The District will apply this Title IX Grievance process whenever a formal complaint of sexual harassment is filed with the Title IX Coordinator. A “formal complaint of sexual harassment” is any document filed by a person alleging to be victim of conduct that could constitute sexual harassment (“complainant”) or signed by the Title IX Coordinator. It does not need to be filed in paper form. It also does not need to be signed by the complainant, but it must indicate that the complainant is the person filing the complaint.

The grievance process is designed to restore or preserve a complainant’s and respondent’s equal access to the District’s education programs and activities. Remedies may include supportive measures for the complainant as well as disciplinary sanctions against the respondent.

In investigating and resolving formal complaints under this grievance process, the District will observe the following requirements:

• The District shall evaluate all relevant evidence—including both inculpatory and exculpatory evidence. The District will not judge a person’s credibility based on their status as a complainant, respondent, or witness. Furthermore, the district will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

 

• The Title IX Coordinator and any person designated as an investigator, initial decision-maker, appellate decision-maker, or informal resolution facilitator will promote an impartial investigation and adjudication, will not have a conflict of interest with any party to the complaint, and will not hold a bias for or against any party to the complaint. They will not rely on sex stereotypes in performing their duties under this procedure. These persons shall also be appropriately trained regarding this grievance procedure, necessary technology, and applicable laws and regulations.

 

• The respondent to a formal complaint of sexual harassment is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The standard of proof for determining responsibility will be a preponderance of the evidence. This standard shall apply whether the respondent is a student or an employee.

 

• The District has prescribed procedural deadlines throughout the grievance process in order to ensure the reasonably prompt resolution of a complaint, including reasonably prompt resolution of any appeal and any informal resolution procedures. However, the District may permit a temporary delay of the grievance process or the limited extension of these deadlines for good cause. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. A written request for a delay or extension of such deadlines may be submitted to the Title IX Coordinator by either party prior to the lapse of the applicable deadline. Whether to grant an extension of time is a discretionary decision of the Title IX Coordinator and is not a basis for appeal.

 

Notice of Allegations

 

Within five (5) days after receiving of a formal complaint, the District will provide a written Notice of Allegations to the parties who are known. In addition to other information required by law, the Notice of Allegations will include a description of this grievance process, including any informal resolution process; the names of the parties involved in the incident; a statement of the conduct allegedly constituting sexual harassment; and the date and location of the alleged incident, if known.

 

Administrative Dismissal

 

The District will dismiss a formal complaint if, at any time following the receipt of a formal complaint, the District determines that: 

• the conduct alleged would not constitute “sexual harassment” as defined by this policy even if proved,
• the conduct alleged did not occur in the district’s educational program or activity,
• the conduct alleged did not occur against a person in the United States,
• the complainant notifies Title IX Coordinator in writing of desire to withdraw formal complaint,
• the respondent is no longer enrolled or employed by the District, or
• specific circumstances prevent the District from gathering evidence sufficient to reach a determination.

 

The District will promptly notify the parties of an administrative dismissal and the reason for the dismissal.

 

 

Informal Resolution

 

Some formal complaints may be resolved through an informal resolution process. If the parties agree to participate in an informal resolution process, the Title IX Coordinator work with parties to reach a mutually agreeable resolution without completing the full Title IX grievance procedure. The informal resolution process is voluntary process and may be attempted at any stage of this procedure prior to the issuance of a determination of responsibility. A party shall not be punished or disadvantaged in any way for declining to participate in an informal resolution process.

 

The manner of the informal resolution process will be determined on a case-by-case basis by the Title IX Coordinator, who will consider the suggestions of the parties. The informal resolution process may include but is not limited to a conference with the Title IX coordinator, or mediation facilitated by a trained third-party. Before an informal resolution process is commenced, the Title IX Coordinator will provide a written notice disclosing the manner of the informal resolution process, the effects of the process on the formal grievance procedure, and the rights of the parties to withdraw from the informal resolution process. The parties must then consent to the informal resolution process in writing.

 

At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

 

Informal resolution is NOT available for formal complaints alleging an employee sexually harassed a student. Additionally, the District cannot facilitate an informal resolution between a complainant and respondent unless a formal complaint has been filed.

 

Investigation of the Complaint

 

It is the District’s duty to gather evidence sufficient to make a determination of responsibility with respect to each of the allegations described in the Notice of Allegations. The Title IX Coordinator or an impartial District employee designated by the Title IX Coordinator will perform the investigation, which may include interviewing the parties and other witnesses; obtaining documents, data, or other materials; and reviewing any other evidence related to the allegations of the formal complaint. The investigator will not access or consider a party’s medical or mental health records without written consent from the party or the party’s parent, as required by law. The parties will be allowed an equal opportunity to provide additional evidence to the investigator or refer the investigator to additional witnesses.

 

The District shall not prohibit the parties from discussing the allegations of the formal complaint or gathering and presenting additional evidence to the investigator. Furthermore, either party is entitled to the presence of an advisor—who may or may not be an attorney—during any investigative interview or other grievance proceeding for which the party’s attendance is invited or required. The party and their advisor will be provided written notice of the date, time, and location of any such proceeding and reasonable time to prepare to participate. However, the District may, at its discretion, limit equally for both parties the extent of the advisor’s participation.

 

Unless additional time for a full and fair investigation is deemed necessary by the Title IX Coordinator the investigator or granted to a party upon a showing of good cause, the District will strive to complete its investigation within sixty (60) days after receiving of a formal complaint. At the conclusion of the investigation, the District will provide both parties and any advisors a copy of all evidence gathered by the District that is directly related to the allegations in the formal complaint for inspection and review. The evidence may be provided to the parties in electronic or paper form. Both parties will be allowed ten (10) days to submit a written response to the evidence gathered. After considering any written responses, the investigator will provide the parties and their advisors with a written Investigative Report that fairly summarizes the relevant evidence.

 

The parties will be allowed an additional ten (10) days to submit a written response to the Investigative Report prior to any determination of responsibility. The District will also allow each party an opportunity to submit written, relevant questions that a party wants asked of any party or witness; provide each party with the answers; and allow for additional, limited follow-up questions from each party. Questions about a complainant’s sexual predisposition or prior sexual behavior are not allowed unless such questions are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

 

Determination of Responsibility

 

The Title IX Coordinator will designate a decision-maker to review the Investigative Report as well as any written responses, questions, and answers submitted with regard to the Investigative Report. The decision-maker must be a different person than the Title IX Coordinator and the investigator. The Title IX Coordinator shall designate any individuals who have received appropriate training as the decision-maker for all Title IX grievances.

 

The decision-maker will issue a reasonably prompt written determination of responsibility regarding the allegations listed in the Notice of Allegations, which will include all information required by law. This determination will be based on the Investigative Report and any responses, questions, and answers submitted. The written determination will be provided simultaneously to both parties. The Title IX Coordinator will be responsible for effective implementation of any remedies imposed by the decision-maker.

 

Appeals

 

Either party may appeal a determination regarding responsibility or the administrative dismissal of a formal complaint by filing a written request for appeal with the Title IX Coordinator within five (5) days after receiving notice of the determination or dismissal. The request must state the basis for the appeal, which must be one of the following grounds:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome of the matter.

 

An appeal that is not based on one of the foregoing grounds will be administratively dismissed. Likewise, an untimely appeal will be administratively dismissed unless there is good cause for the filing delay. Whether good cause exists is in the discretion of the Title IX Coordinator.

 

The Title IX Coordinator will notify the other party in writing that an appeal has been filed and will designate an appellate decision-maker to decide the appeal who must not be the complaint investigator, the Title IX Coordinator, or the same person who reached the determination regarding responsibility or dismissal below. The Title IX Coordinator shall designate any individuals who have received appropriate training as the appellate decision-maker for all Title IX grievances.

 

Both parties will be allowed ten (10) days following the notice of appeal to submit a written statement to the appellate decision-maker supporting or opposing the outcome below. The appellate decision-maker will consider these statements as well as the Investigative Report and any questions, and answers submitted to the initial decision-maker. The appellate decision-maker will then issue a written decision describing the result of the appeal and the rationale in a reasonably prompt manner. The decision will be provided to the parties simultaneously.

 

V.            RECORDKEEPING AND CONFIDENTIALITY

 

For a period of seven (7) years, the District will retain the records of each sexual harassment investigation, including any written initial or appellate determination; any documentation regarding any disciplinary sanctions or remedies imposed; and any informal resolution and the result thereof. The District will also retain all materials used to train the District personnel involved in administering this grievance procedure. The District will also retain for a period of seven (7) years records of any actions, including supportive measures, taken in response to a report of sexual harassment that is not filed as a formal complaint.

 

The District will keep confidential the identity of any individual who has made a report or complaint of sexual harassment, any individual who has been reported for sexual harassment, any respondent, and any witness, except as necessary to carry out this grievance procedure and to satisfy the District’s duties under the Family Educational Rights and Privacy Act (FERPA) or any other applicable law.

 

VI.            RETALIATION

 

Intimidating, threatening, coercing, discriminating, or otherwise retaliating against any individual because they have made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under this policy is prohibited.

 

Reference: 34 C.F.R. Part 106

 

Adopted: September 2020

 

Long-range goals enables the school district to analyze assessment data, get feedback from the community about its expectation for students and determine how well students are meeting student learning goals. The board will conduct ongoing and in-depth needs assessments, soliciting information from business, labor, industry, higher education and community members regarding their expectations for adequate student preparation.

In conjunction with the in-depth needs assessments of the school district, the board will authorize the appointment of a school improvement committee, representing administrators, employees, parents/guardians, 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.

The Carroll Community School District will periodically review curriculum with assistance from all CCSD students, parents/guardians, teachers, and community members. The curriculum cycle and review process will be affirmed by the School Improvement Team (SIT) each school year.

It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators. The superintendent will report annually to the board about the means used to keep the community informed.

As a result of the board and committee's work, the board will 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 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.

 

Date of Adoption/Revision:
July 2003
July 2006
July 2009
July 2012
July 2015
October 2018

 

Carroll Community School District has developed a process for long-range goals. The process has included three items:

1. provisions for collecting, analyzing and reporting information derived from local, state and national sources;
2. provisions for reviewing information acquired on the following:
   1. ❖ state indicators and other locally determined indicators,
   2. ❖ locally established student learning goals,
   3. ❖ specific data collection required by state and federal programs;
3. provisions for collecting and analyzing assessment data on the following:
   1. ❖ state indicators,
   2. ❖ locally determined indicators,
   3. ❖ locally established student learning goals.
       

Date of Adoption/Revision:
July, 2006
July 2009
July 2012
July 2015
October 2018

 

EDUCATIONAL PHILOSOPHY

Series 100

 

Policy Title:  Anti-Bullying/Anti-Harassment Policy

Code No. 104

 

The Carroll 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 may be 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 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.

 

Retaliation Prohibited

 

Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also 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. 

 

Student Bullying and Harassment

 

When looking at the totality of the circumstances, harassment and bullying mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

 

1. Places the student in reasonable fear of harm to the student’s person or property;
2. Has a substantially detrimental effect on the student’s physical or mental health;
3. Has the effect of substantially interfering with the student’s academic performance, or;
4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

 

“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, social media, pager service, cell phones, electronic text messaging or similar technologies.

 

Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:

 

1.             Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim,

2.             Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

3.             Implied or explicit threats concerning one’s grades, achievement, property, etc. that have the purpose or effect of causing injury, discomfort, fear or suffering to the victim;

4.             Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear or suffering to the victim; and/or

5.             Unreasonable interference with a student’s performance or creating of an intimidating, offensive, or hostile learning environment.

6.            Conduct including but not limited to “sexual harassment” as defined under Code No. 102.R2 (bullying may also include harassment on the basis of sex that does not constitute “sexual harassment” under Code No. 102.R2)

 

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

 

1.             Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or,

2.             Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

 

This policy is in effect while students or employees are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while attending or engaged in school sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.

 

A student (or adult on student’s behalf) who believes he/she has suffered bullying and/or harassment will report such matters to school district personnel. The information will be given to the designated building investigator(s) as outlined in board policy and procedures.  Complaints alleging acts of intentional physical or sexual abuse by school employees, including inappropriate sexual behavior toward students, should be reported to the Level I Investigator as outlined in board policy and procedures. Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

 

Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to school district personnel, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report. Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.

 

Employee Harassment

 

Harassment of employees means any unwelcome conduct toward an employee which is based on the employee’s membership in a protected class and which creates an objectively hostile work environment.  It can include sexual harassment or other forms of harassment.

 

1. Sexual Harassment: For purposes of this policy, sexual harassment consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal, physical, or written conduct or communication of a sexual nature when:

 

1. submission to that conduct or communication by an individual is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment; or
3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment environment.

 

Examples of conduct that may constitute sexual harassment may include, but are not limited to:

 

1. unwelcome verbal harassment or abuse, or unwelcome written harassment or abuse, including through the Internet or e-mail;
2. unwelcome sexual advances or pressure for sexual activity;
3. unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact, other than necessary restraint of students by teachers, administrators or other school personnel to avoid physical harm to persons or property;
4. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment status or implied or overt promises of preferential treatment with regard to an individual’s employment status;
5. unwelcome behavior or words directed at an individual because of gender;
6. coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;
7. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;
8. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another;
9. graffiti of a sexually offensive nature;
10. sexual gestures or jokes; or
11. spreading rumors about or rating other individuals as to sexual activity or performance.

 

Conduct constituting sexual harassment under this policy may or may not constitute sexual harassment for employee complaints investigated under Code No. 102.R2. All complaints of sexual harassment will be referred to the Title IX Coordinator.

 

2. Harassment: Other forms of harassment consist of physical, verbal, or written conduct relating to an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information when the conduct:

 

1. has the purpose or effect of creating an intimidating, hostile or offensive employment environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s employment performance; or
3. otherwise adversely affects an individual’s employment opportunities.

 

Examples of conduct that may constitute harassment based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information include, but are not limited to:

 

1. threatening or intimidating conduct directed at others because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, including through the Internet or e-mail;
2. slurs, negative stereotypes and hostile acts based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
3. graffiti containing offensive language that is derogatory to others because of their age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
4. written or graphic material containing comments or stereotypes which is posted or circulated (including through e-mail or the Internet) and which is aimed at degrading individuals because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information; or
5. a physical act of aggression or assault upon another because of, or in a manner reasonably related to, the individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

 

 

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

 

Date of Adoption/Revision:

October 2007

July 2009

July 2012

July 2015

December 2016

October 2018

February 2020

September 2020

September 2023

See form attached

 

See form attached

 

EDUCATIONAL PHILOSOPHY

Series 100

Policy Title:  Anti-Bullying/Anti-Harassment Investigation Procedures

Code No. 104R1

 

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 on the Carroll Community School District's website (under Board Policies). If the complaintant 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. Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

 

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 15 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 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 superintendent's designee (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.

 

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. 

 

 

 

 

Date of Adoption/Revision:

October 2007

July 2009

July 2012

July 2015

December 2016

October 2018

February 2020

September 2020

August 2023

 

Policy Title: Title IX:  DISCRIMINATION AND HARASSMENT BASED ON SEX PROHIBITED

Code No.: 105

 

In accordance with Title IX of the Education Amendments Act of 1972, the Carroll 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, Crystal Boes, Assistant Elementary Principal, 1026 N Adams St., Carroll, Iowa, 51401, 712-792-8040, cboes@carrolltigers.org.

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.

 

 

 

 

 

 

 

 

 

 

 

 

Date of Adoption/Revision:

September 2020

 

 EDUCATIONAL PHILOSOPHY

Series 100

Policy Title: Service Animals on District Premises

 Code No.: 107

It is the policy of Carroll Community School to foster an equal education environment for all students, employees and community members within the district.  The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property.  The district shall allow the use of qualified service animals to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go.  This can include classrooms, cafeteria and school buses.  Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities.  Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities.

Service animals must be current on all required vaccinations.  Service animals also must be under control while on district grounds.  The animal may be under control by either the individual with a disability, or a handler of the service animal.  Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control.

Miniature Horses as Service Animals

Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them.  Factors to consider when determining reasonableness include:  whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service animal, the superintendent and/or school administrators are permitted to ask the following questions: 

“Do you need/require this animal because of a disability?”

If the animal’s trained tasks are not readily apparent, the administrator may ask: 

“What work or task has the animal been trained to perform?”

 

Service Animals in Training

Assuming the handler and animal are otherwise allowed, individuals who train service animals will also be allowed access with their service animal in training to public areas of district buildings and property.  The service animal in training is expected to abide by the same requirements as a service animal.

 

Exclusion of Service Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service animal from district property.  The superintendent is permitted to exclude service and animals from district buildings and property in the following circumstances:  The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program.  If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property. 

Emotional Support Animals and Therapy Animals [Optional section as these animals are not commonly required to be accommodated]

Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship.  Emotional support animals’ sole function is to provide emotional support or comfort. 

Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.

 

Emotional support animals and therapy animals do not meet the definition of service animals.  However, the district recognizes their value in our community.  The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis.  District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent. 

 

Student use of Emotional Support Animals and Therapy Animals

Factors the superintendent should consider in making the determination include but are not limited to: 

1. Whether the animal is housebroken
2. Whether the animal has a current vaccination certificate
3. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
4. Whether the facility can accommodate the animal’s type size and weight, and
5. Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility 

 

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide: 

1. Proof that the animal is certified to be a therapy animal;
2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
3. A plan for how the staff member will provide for the care and control of the animal;
4. A plan for how the staff member will accommodate students with allergies to the animal; and
5. A current vaccination certificate for the animal.

 

Legal References:            29 U.S.C. §794

            42 U.S.C. §12132

            28 C.F.R.   35

            Iowa Code §216C

 

Date of Adoption/Revision:

November 2020

January 2022