Notice Of Non-Discrimination and Equal Educational Opportunity
PA Virtual Charter School does not discriminate in its educational programs, activities or employment practices based on race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, limited English proficiency or any other legally protected classification. This policy is in accordance with state and federal laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act. Information relative to Title IX may be obtained by contacting Jason Fitzpatrick, Title IX Officer at firstname.lastname@example.org or 484-680-7729.
PA Virtual Title IX Policy
Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., protects students from discrimination based on sex in educational programs or activities that receive Federal financial assistance. Title IX states that:
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 academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient, which receives Federal financial assistance.
This policy reaffirms the commitment of the Pennsylvania Virtual Charter School (“Charter School”) to comply with Title IX. This policy covers student on student as well as employee on student sexual harassment.
When Does Title IX Apply?
Title IX covers sexual harassment that happens in a school’s “education program or activity.” This includes locations, events, and circumstances where a school exercises substantial control over the context of the alleged harassment and the person accused of committing the sexual harassment.
Title IX prohibits the following conduct on the basis of sex that satisfies one or more of the following:
- 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 school’s education program or activity.
- School employee conditioning educational benefits on participation in unwelcome sexual conduct, otherwise known as “Quid pro Quo” harassment.
- “Sexual assault,” as defined in 20 U.S.C. 1092(f)(6)(A)(v) “dating violence,” as defined in 34 U.S.C. 12291(a)(10) “domestic violence,” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30)
PA Virtual Title IX Staff
Title IX Officer: Jason Fitzpatrick- email@example.com or 484-680-7729
Decision-Maker: Chief Academic Officer or Chief Human Resources & Marketing Officer
Appeal Decision-Maker: McKenna Snyder LLC
Official Complaint Form Instructions
2. Please complete all sections of the form.
3. Be as specific as possible when discussing the incidents. Your complaint is not limited to the space provided. You are encouraged to attach additional materials, which may assist in the investigation process.
4. Please be sure to include the: the date(s), the incident(s) that occurred, the name(s) of the person(s) involved, and the name(s) of those who may have witnessed the incident(s).
5. Sign it and email the form to either the District Title IX Coordinator, Jason Fitzpatrick: firstname.lastname@example.org or any building Principal.
If you have questions regarding the complaint process and/or complaint form, please contact the Title IX Officer:
Jason Fitzpatrick- Title IX Officer
Jason Fitzpatrick Title IX Officer
630 Park Avenue
King of Prussia, PA 19406
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.
Title IX Technical Assistance:
- Fact Sheet: Final Title IX Regulations
- S. Department of Education Title IX Final Rule Overview
- Summary of Major Provisions of the Title IX Final Rule and Comparison to the NPRM
Title IX Webinars:
- The First Amendment and Title IX: An OCR Short Webinar
- OCR Short Webinar on How to Report Sexual Harassment under Title IX
- Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar
- OCR Webinar on Due Process Protections under the New Title IX Regulations
- OCR Webinar on New Title IX Protections Against Sexual Assault
- OCR Webinar: Title IX Regulations Addressing Sexual Harassment
- OCR Short Webinar on Sexual Violence in Public Schools
Title IX Blog Entries:
- August 14, 2020 Effective Date and Retroactivity
- Live Hearings, Excluding Reliance on a Party’s Statements, and Verbal Conduct
- The Requirement to Update School Websites with Important Title IX Information
- Introduction to the Title IX Final Rule
Title IX PowerPoint: