Title IX Reporting and Complaints

What is Title IX?

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

No person in the United States 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 receiving Federal financial assistance.

What is Title IX Related Sexual Harassment?                                                

Harassment of students and school employees because of sex, gender identity, sexual orientation, race, creed, color, ancestry or national origin, marital status, familial status, physical or mental disability, religion, or genetic information are prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.

Any employee or student who engages in harassment or sexual harassment shall be subject to disciplinary action, up to and including discharge or expulsion.

A. Harassment

Harassment includes, but is not limited to, verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, genetic information or disability.

B. Sexual Harassment

Sexual harassment is addressed under federal and state laws and regulations.

The scope and definitions of sexual harassment under these laws differ, as described below.

1. Title IX Sexual Harassment

Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

  1. “Quid pro quo” sexual harassment by a school employee or student: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation, better grades, or college recommendation) on an individual’s participation in unwelcome sexual conduct;
  2. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or
  3. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2. Sexual Harassment under Title VII and New Hampshire Law

Under another federal law, Title VII, and under New Hampshire law/regulations, sexual harassment is defined differently. The New Hampshire Commission for Human Rights law states that “unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitutes sexual harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.”

C. Reports and Complaints of Harassment or Sexual Harassment

Any employee or student who believes they have been harassed or sexually harassed is encouraged to make a report to the District’s Title IX Coordinator. The Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment or sexual harassment has occurred.

Kearsarge District Title IX Coordinator
Mr. Michael Bessette
114 Cougar Court
New London, NH,03257
mbessette@kearsarge.org
603-526-2094

 

All reports and complaints regarding harassment or sexual harassment of students shall be addressed through the Employee & Third-Party Unlawful Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAA-R).

All reports and complaints regarding harassment or sexual harassment of employees shall be addressed through the Employee & Third-Party Unlawful Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Educational Materials

Under current Federal law, School District's are required to provide copies of training materials used to aid in the education of staff regarding Title IX and the reporting, investigation, and outcome processes relating to this topic.  Please find copies of materials used for training purposes with all members of the District Leadership Team.   All training materials were provided by Drummond Woodsum Law Firm and represent their intellectual property.  Materials may not be copied or disseminated without their express permission.