Procedures outlining the Title IX Grievance Process that are consistent with this policy and final rules from the United States Department of Education are attached to this policy.
The Charter School will follow a grievance process that complies with the Final Rule before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
The Charter School will not restrict rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment, when complying with Title IX.
The Charter School will investigate sexual harassment allegations in any formal complaint, which can be filed by a complainant, or signed by a Title IX Coordinator.
It is the policy of the Charter School during the grievance process to treat complainants and respondents equitably. That includes providing remedies to a complainant if a respondent is found responsible, and by following these policies in imposing discipline on the respondent.
Once the Title IX Coordinator completes his/her investigatory report, the case will be turned over to a neutral decision maker for the hearing process. A neutral decision maker must be a person(s) who is free from all conflicts of interest or bias for or against complainants or respondents and must receive special training about how to be impartial and how to decide what evidence is relevant.
A school can remove a respondent from the Charter School’s educational programs or activities on an emergency basis if the respondent poses an immediate threat to anyone’s physical health or safety. If the respondent is an employee, the Charter School may place the employee on administrative leave pending the investigation.
No one will be forced, threatened, coerced, or discriminated against for choosing not to be a part of this grievance process.
Both complainant and respondent have equal rights throughout the entire investigation and hearing process, including, but not limited to, the opportunity to present witnesses and evidence, including expert witnesses, as well as inculpatory and exculpatory evidence. The Charter School will further comply with all disability laws to ensure that all participants are appropriately accommodated.
Supportive Measures
Regardless of whether a formal complaint is filed, PA Virtual offers supportive measures to ensure the safety and well-being of both complainants and respondents. These may include:
- Counseling services
- Adjustments to academic deadlines
- Changes to class schedules or activities
- Mutual contact restrictions