KTX Title IX Policy (Student/Family)

KIPP Texas prohibits discrimination and harassment based on race, color, creed, sex, gender, marital status, age, national origin, physical or mental disability, medical condition, ancestry, religion, sexual orientation, or any other consideration made unlawful by federal, state or local law, ordinance, or regulation. The KIPP Texas anti-harassment policy applies to all persons (students and faculty) involved in the operation of KIPP Texas and prohibits harassment by any employee of KIPP Texas, as well as by any student, parent or person doing business with or for KIPP Texas.

In accordance with Title IX, KIPP Texas does not and is required not to discriminate on the basis of sex in its educational programs or activities. The requirement not to discriminate extends to admission and employment. Inquiries about the application of Title IX may be referred to the KIPP Texas Title IX Coordinator (see below), to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

Prohibited discrimination and harassment includes, but is not limited to, the following behavior:

• Verbal conduct such as epithets, derogatory jokes or comments (even when thought to be used collegially), slurs or unwanted sexual advances, invitations or comments;
• Visual conduct such as derogatory and/or sexually-oriented e-mails, posters, photography, cartoons, drawings or gestures;
• Sexual harassment which includes, but is not limited to, inappropriate conduct which has the purpose or effect of (1) creating an intimidating, hostile, or offensive work or learning environment; (2) unreasonably interfering with an employee’s work performance or a student’s educational experience; or (3) affecting an individual’s educational opportunities.
• Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with work because of sex, race or any other protected basis; and
• Retaliation for having reported or threatened to report harassment.

If a student or parent/guardian believes that they have been subjected to any form of unlawful discrimination or harassment, the complainant is requested to report such incident(s) to the attention of the School Leader, the Regional Superintendent or the Regional Superintendent’s designee. KIPP Texas will immediately undertake an investigation in accordance with applicable law, if any, of the harassment allegations and attempt to resolve the situation.

KIPP Texas has designated and authorized the following employees as the Title IX Coordinator to address concerns and inquiries regarding discrimination on the basis of sex, including sexual harassment, sexual assault, dating violence, domestic violence, stalking, or gender-based harassment:

• Jeff Love, Director of School Culture, (512) 760-5225, jeff.love@kipptexas.org or
• Madeline Gilliard, Sr Director School-Based Mental Health Services, (713) 927-1716, Madeline.Gilliard@kipptexas.org

Reports can be made at any time and by any person, including during non-business hours, by mail, phone, or e-mail. During business hours, reports can also be made in person. Upon KIPP Texas receiving notice or an allegation of sex-based harassment, the Title IX Coordinator will promptly respond in accordance with the process prescribed by applicable law and policy.

If KIPP Texas determines that unlawful harassment or discrimination has occurred, disciplinary action will be taken in accordance with the circumstances involved. Anyone determined by KIPP Texas to be responsible for unlawful harassment or discrimination will be subject to appropriate disciplinary action, up to and including termination in the case of an employee, and expulsion in the case of a student. If appropriate, whatever action is taken against the harasser or discriminator will be made known to the complaining student, student parent/guardian, or employee. KIPP Texas will not retaliate against a complainant for filing a complaint or for participating in the harassment investigation and will not tolerate or permit retaliation by any member of KIPP Texas. KIPP Texas will endeavor to maintain confidentiality throughout the investigative process to the extent practicable and appropriate under the circumstances. KIPP Texas encourages all students and parents/guardians to report any and all incidents of harassment or discrimination forbidden by this policy immediately so that complaints can be quickly and fairly resolved. If a student or parent/guardian thinks she/he has been harassed, discriminated against, or retaliated against for resisting or complaining, the individual may file a complaint with the appropriate agency.

When KIPP Texas receives notice or an allegation of conduct that, if proved, would meet the definition of sexual harassment under Title IX, the Title IX Coordinator shall promptly contact the complainant to:

• Discuss the availability of supportive measures and inform the complainant that they are available, with or without the filing of a formal complaint;
• Consider the complainant’s wishes with respect to supportive measures; and
• Explain to the complainant the option and process for filing a formal complaint.

KIPP Texas’s response to sexual harassment shall treat complainants and respondents equitably by offering supportive measures to both parties, as appropriate, and by following the Title IX formal complaint process before imposing disciplinary sanctions or other actions that are not supportive measures against a respondent.

If a formal complaint is not filed, KIPP Texas reserves the right to investigate and respond to prohibited conduct in accordance with KIPP Texas policies and the Student Code of Conduct.

To distinguish the process described below from KIPP Texas’s general grievance policies (see below), this policy refers to the grievance process required by Title IX regulations for responding to formal complaints of sexual harassment as KIPP Texas’ “Title IX formal complaint process.” KIPP Texas shall ensure the development of a Title IX formal complaint process that complies with legal requirements. The formal complaint process shall be posted on KIPP Texas’s website. In compliance with Title IX regulations, KIPP Texas’s Title IX formal complaint process shall address the following basic requirements:

1. Equitable treatment of complainants and respondents;
2. An objective evaluation of all relevant evidence;
3. A requirement that the Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal resolution process not have a conflict of interest or bias;
4. A presumption that the respondent is not responsible for the alleged sexual harassment until a determination is made at the conclusion of the Title IX formal complaint process;
5. Time frames that provide for a reasonably prompt conclusion of the Title IX formal complaint process, including time frames for appeals and any informal resolution process, and that allow for temporary delays for the limited extension of time frames with good cause and written notice as required by law;
6. A description of the possible disciplinary sanctions and remedies that may be implemented following a determination of responsibility for the alleged sexual harassment;
7. A statement of the standard of evidence to be used to determine responsibility for all Title IX formal complaints of sexual harassment;
8. Procedures and permissible bases for the complainant and respondent to appeal a determination of responsibility or a dismissal of a Title IX formal complaint or any allegations therein;
9. A description of the supportive measures available to the complainant and respondent;
10. A prohibition on using or seeking information protected under a legally recognized privilege unless the individual holding the privilege has waived the privilege;
11. Additional formal complaint procedures in 34 C.F.R. 106.45(b), including written notice of a formal complaint, consolidation of formal complaints, recordkeeping, and investigation procedures; and
12. Other local procedures as determined by the KIPP Texas Board of Directors, CEO, or Regional Superintendent.

The standard of evidence used to determine responsibility in a Title IX formal complaint of sexual harassment shall be the preponderance of the evidence.