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TITLE IX RIGHTS AND RESPONSIBILITIES

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities. All public schools, like Colonial School District (CSD), that receive federal funds must comply with Title IX. Under Title IX no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity.

Colonial School District has a responsibility to respond promptly and effectively. If the District knows or reasonably should know about sex discrimination, including a range of issues such as sexual harassment, sexual violence, and unequal access to educational resources or athletic opportunities, the District will take immediate action to eliminate the sex discrimination and prevent recurrence.

Even if a student or his/her parent does not want to file a complaint or does not request that Colonial School District take any action on the student’s behalf, if the District knows or reasonably should know about possible sex discrimination, it will promptly investigate. If deemed a violation, the District will take appropriate steps to resolve the situation.

A criminal investigation into allegations of sexual harassment or sexual violence does not relieve Colonial School District of its duty under Title IX to resolve complaints promptly and equitably.

Colonial School District does not discriminate on the basis of sex, nor does it tolerate discrimination on the basis of sex in its educational programs and activities.

Inquiries concerning potential discrimination on the basis of sex can be directed to the District’s Title IX Compliance Officer or to the Office for Civil Rights.

The District’s Title IX Compliance Officer:
Ms. Elizabeth Fleetwood, Director of Human Resources
Colonial School District
318 East Basin Road
New Castle, DE 19720
Tel: (302) 323-2700
Fax: (302) 323-2748

The Office for Civil Rights:
Office for Civil Rights, Philadelphia
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107
Tel: (215) 656-8541
Fax: (215) 656-8605

GRIEVANCE PROCEDURE TO ADDRESS TITLE IX DISCRIMINATION:

The Title IX Compliance Officer’s responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

The Colonial School District strives to provide an environment free from sex discrimination. The District encourages students, parents, and staff to identify barriers to a discrimination-free environment in all schools and worksites. Any employee, parent/guardian of a student enrolled in the Colonial School District, or student eighteen years of age or older may file a grievance if he/she believes a student has been subjected to discrimination on the basis of sex by students, employees, or third parties. All grievances will be received and investigated in a fair and expeditious manner.

The Colonial School District strives to provide an environment free from sex discrimination. The District encourages students, parents, and staff to identify barriers to a discrimination-free environment in all schools and worksites. Any employee, parent/guardian of a student enrolled in the Colonial School District, or student eighteen years of age or older may file a grievance if he/she believes a student has been subjected to discrimination on the basis of sex by students, employees, or third parties. All grievances will be received and investigated in a fair and expeditious manner.

Steps to Resolution

Step 1:

The best solutions to parent/student concerns often occur at the school level. Therefore, the District encourages parents to attempt to resolve concerns by working with the building principal or other appropriate building staff to reach a joint resolution of the issue. Contact the building principal to arrange a meeting or to discuss the complaint. Mediation is also encouraged, though not required.

Step 2:
If the issue is not resolved at the school level, the Colonial School District Title IX Grievance Form shall be submitted to the District Title IX Compliance Officer (Director of Human Resources) within 10 calendar days of the alleged Title IX violation to request a hearing. The Compliance Officer will be independent and impartial. If he or she has prior knowledge of the situation, an independent and impartial designee shall be appointed. He or she will thoroughly and diligently investigate the circumstances of the concern, obtain all relevant evidence, hear equally from the grievant’s witnesses, and other witnesses, equally review all evidence from the grievant and accused and interview and obtain statements from all relevant witnesses, and then present a report of his or her finding of fact and conclusions within 30 business days. The investigation will be adequate and reliable. The report of his or her findings shall be sent to the parties upon completion. The complaint should be sent to:

Ms. Elizabeth Fleetwood,
Director of Human Resources
Colonial School District
318 East Basin Road New Castle, DE 19720
Tel: (302) 323-2700
Fax: (302) 323-2748

The Colonial School District Title IX Grievance Form must be completed with all information listed below and signed by the grievant.

  •  the child’s name, date of birth, address and the school he or she attends;
  • complainant’s name, address and phone number;
  • complainant’s relationship to the child (parent, guardian, surrogate);
  • name, address, and phone number of the person representing complainant (if the complainant has someone);
  • decision of the school with which complainant disagrees and the reason;
  • date complainant received this decision; and
  • •complainant’s signature.

Similar relevant information shall be provided by the accused if the accused is the one making the request.

Colonial School District Title IX Grievance Form: click here for the form

Step 3:
The person filing the grievance may appeal the decision of the District Title IX Compliance Officer to the Superintendent (or designee) within 10 days of receiving the Title IX Compliance Officer’s decision. The Superintendent (or designee) shall review all statements and evidence as well as the Compliance Officer’s report (or designee’s report), gather such additional evidence as deemed necessary, and then issue a written decision in response to the appeal no later than 30 days after its filing. Colonial School District must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student.

In the event there is a finding of discrimination, the District shall take remedial efforts and efforts to prevent recurrence and shall make all reasonable efforts to correct the discriminatory effects of a prohibited action.

Any party aggrieved shall have the right to file a formal complaint after the Superintendent’s decision (or designee’s decision) with the

U.S. Department of Education, Office for Civil Rights.
Office for Civil Rights, Philadelphia:
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515 Philadelphia, PA 19107
Tel: (215)656-8541
Fax: (215)656-8605
Email: OCR.Philadelphia@ed.gov
OCR Electronic Complaint Form: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

 

 

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