Sexual Harassment / Discrimination Reporting (Title IX)

Victims of sexual misconduct may file a report directly with the Title IX Coordinator. The Title IX Coordinator is available to offer ongoing support to victims of sexual assault in understanding HSCSD1’s investigative and/or disciplinary processes or the criminal process as the victim chooses.
The Title IX Coordinator has the duty to address sexual violence and remedy the effects on the victim and the school community. The Coordinator will make every effort to maintain confidentiality but may be required to investigate the incident.
Contact Kathy Groh, Title IX Coordinator (307-864-6515 or [email protected]). Reports can also be made to building principals.

When Filing a Report/Claim

Hot Springs County School District #1 is required to respond to all reports of sexual misconduct, civil rights discrimination, and workplace violence in the most appropriate manner. Responding to these concerns does not indicate that there has been a violation of policy.

After receiving a report, the district will begin an assessment, which normally will start within 72 hours of receipt of the incident report. Typically, this will include the following actions:
The Title IX Coordinator will contact the complainant and offer supportive measures and process the initial assessment of the incident. At this point, the coordinator will appoint the investigator
District Investigator will send notice of investigation to both parties.
District Investigator will then have an initial meeting with the person filing the incident report to:
- Review the incident report.
- Collect or request all relevant evidence and documents.
- Review rights and options with respect to the incident reported.
- Review relevant interim supportive measures.

Investigator will schedule an initial meeting with the person(s) accused.
- Review the written incident report.
- Collect or request all relevant evidence and documents.
- Review of rights and options with respect to the incident reported.
- Review of relevant interim supportive measures.

The person conducting the investigation may, except in cases involving sexual violence, seek to resolve the matter informally if both parties agree to this.
Meetings with the witness(es) who have direct knowledge of events.
The district investigator will review all relevant documentation and draft the investigation report. Once the report is drafted, the investigator will meet with the Title IX coordinator to review the report and evidence.
The investigator will then provide all evidence directly related to the allegations to both parties and their advisors for inspection and review within 10 days for a response.
After both parties have been able to review the evidence and had the time to respond to it, the investigator will send the final report to both parties for review and written response at least 10 days prior to making a determination of responsibility (determination will be made by a separate decision-maker).
At the conclusion of the investigation, the person conducting the investigation will provide all documentation, evidence, and reports to the Title IX Coordinator to retain all records and notes of the investigation for 7 years.
The person conducting the investigation shall prepare a written report, including a summary of findings and outcomes. The person conducting the investigation may use district resources, including anyone trained in Title IX proceedings, to assist in the preparation of the written report.
The investigator will then give the final report to the decision-maker.
The decision-maker must issue a written determination regarding responsibility that includes the following:
- Sections of the policy alleged to have been violated
- Description of procedural steps take
- Statement and rationale for the result of each specific allegation
  - Should Include findings of fact supporting the determination and conclusions regarding the application of the policy to the facts

Sanction imposed on the respondent.
Any remedies provided to the complainant designed to restore or preserve access to the education program or activity
Procedures and bases for any appeal
Any party can then request an appeal of the determination. The appeals officer will be separate from the Title IX Coordinator, Investigator, and Decision-maker.
Parties will have 10 days to file a written appeal.
If an appeal is filed, the determination will be final after the decision is made in the appeals process.
If an appeal is not filed, the original determination will be final after 10 days.

Depending on the nature of the incident report, the complexity of the issues and events, the number and availability of witnesses, the amount of information to be gathered and reviewed, and other factors, HSCSD#1 will attempt to complete the investigation within 60 calendar days. Additional time may be necessary to conduct a fair and equitable investigation. The complainant (or parent/guardian) filing the incident report and the accused will be informed periodically of the status of the investigation.

While HSCSD#1 will exercise reasonable diligence in complying with the timelines and procedures outlined, deviations may occur in order to meet the intent of the policy or to ensure the fair and equitable resolution of a reported incident. The complainant (or parent/guardian) filing the incident report, or the accused, should report any procedural error or deficiency to the Title IX Coordinator. A procedural error or deficiency shall not require an outcome in favor of the person allegedly disadvantaged by the error.

Responsible Employees

Many employees (principals, teachers, school personnel, administrators, directors, coaches, etc.) are able to offer emotional support to victims and help direct them to appropriate resources. Responsible employees, upon receiving notice of sexual misconduct, are required by law to notify the Title IX Coordinator of the details of sexual misconduct. At HSCSD1, ALL EMPLOYEES are considered responsible employees.

District Title IX Staff

TRAINING DOCUMENTATION

Title IX Coordinator and Civil Rights Training