Click here to register a Title IX complaint.

 

Parent Notification of Title IX Rights 

You are receiving this notice because you or your student is involved in a Title IX investigation.  A Title IX investigation occurs when the School District receives allegations of conduct which may be sexual harassment. The purpose of the Title IX investigation is to address allegations to determine whether the alleged conduct occurred, whether the conduct constitutes sexual  harassment, and what action may be necessary to end any harassment. 

A Title IX investigation is not discipline.  It may run parallel with discipline in that conduct that  constitutes sexual harassment or other behaviors may violate the Student Code of Conduct or  employment expectations. The purpose of Title IX is to address allegations of sexual harassment and ensure the School District is putting resources and remedies in place to meet the needs of  students and employees. 

A Title IX investigation will result in written findings and a final determination.  The School District may implement supportive measures based on these findings and considering the involved party’s age/grade level, cognitive ability, patterns of conduct, and other relevant information. 

Pursuant to federal law, Title IX rights include the following: 

• The right to a fair investigation and resolution of all credible allegations of prohibited harassment or retaliation made in good faith to School District officials. 

• The right to have the School District’s policies and procedures followed without material deviation, specifically with respect to steps of the investigation, timelines, and written notice.

• The right to be treated with respect by School District officials. 

• The right to not be pressured to mediate or otherwise informally resolve any reported  misconduct involving violence, including sexual violence.

• The right for both the complainants and accused to have an advisor present during questioning. Advisors may include attorneys, parents, or an advocate.

• The right of the witness to not be compelled to testify or otherwise participate in an investigation.

• The right to supportive measures, including to protect against contact with a  respondent (such as a no contact agreement or safety plan). Support measures may also include: safety escorts, class re-assignment, locker reassignment, counseling, mediation, assigned entrances and exits, assigned parking spots, assigned lunch tables, staff check-ins, no- contact orders, modified hallway passing periods, etc. Supportive measures are not punitive.

• The right to receive information on available resources such as counseling, advocacy, and mental health support.

• The right for the accused students or staff to know who is filing a complaint against them. Witness and complainant names and their statements will be shared with the accused and their parents.  Both the complainant and the accused will have access to all evidence.

• The right to regular updates on the status of the investigation and/or resolution.

• The right to an investigation to review the evidence impartially and apply a  preponderance of evidence standard when determining if a Title IX violation has  occurred. 

• The right for both the complainant and the accused to be notified, in writing, of the outcome of the complaint and their right to appeal the outcome. Even though privacy laws limit disclosure of certain information in disciplinary proceedings, schools must disclose to the complainant information about any sanctions imposed on the accused when the sanction directly relates to the complainant.

• The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of  the resolution process, and the procedures for doing so in accordance with the  standards for appeal established by the School District. 

• The right to file a grievance through the School District’s Policy AC R-2. 

• The right to file a complaint with a federal agency charged with enforcing Title IX, the Office for Civil Rights (OCR). 

• The right to file a criminal complaint with the local police department, and the option(s)  to be assisted by School District officials in notifying such authorities, if the party so  chooses.

• The right of the complainant to withdraw their Title IX complaint at any time. However, if a crime is alleged, the concern must still be reported to law enforcement.

• These right exists regardless of whether a complainant files a formal complaint and lasts for as long as necessary. Supportive measures will remain private, provided privacy does not impair the School District’s ability to provide the supportive measures.

• It is ECSD policy that retaliation of any kind is prohibited against any party involved in a Title IX complaint or investigation. Retaliation includes intimidation, verbal or physical threats, coercion, or discrimination. Retaliation concerns should be promptly reported to the Title IX Coordinator. When evidence of retaliatory behavior exists, appropriate disciplinary action will be taken.

If you have questions or concerns please contact your student's school administrator or Eagle County School District Title IX Coordinator, Dr. Katie Jarnot at catherine.jarnot@eagleschools.net  identified in Eagle School Board Policy AC R-2.

 

What is Title IX? 

Title IX is a federal law that states: "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 behavior would be considered sex-based discrimination?

Sex-based discrimination includes violence and harassment that is committed because of a person’s gender or sex. The offender could be a boyfriend, girlfriend, other students, or an adult. If someone does any of the following to you because of gender or sex, it may constitute sex-based violence, discrimination, or harassment under Title IX. Sex-based harassment is 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 recipient's education program or activity. 

Acts may include:

• Unwelcomed sexual touching

• Verbally abuses using anti-gay or sex-based insults

• Sex discrimination in an activity, athletics, classroom, or academic program

• Offensive, severe, and frequent remarks about a person’s sex

• Harassment of a sexual nature that interferes with your education

• Pressures or force to perform sexual acts

Who can file a complaint and how?

Anyone can file a complaint, share a concern, or ask questions of the Title IX Coordinator or school administrator. Online Formal Complaints may be made HERE or to obtain a copy of the formal complaint form please request one from your school's administrator. Verbal reports can be made to school administrator, the Title IX Coordinator, or you may contact the Office for Civil Rights at the contact information provided below:

Title IX Coordinator                                                                                                        U.S. Dept. of Ed Office for Civil Rights

Dr. Katie Jarnot                                                                                                                  400 Maryland Ave., SW

948 Chambers Avenue                                                                                                     Washington, D.C. 20202-1100

Eagle, CO 81631                                                                                                                1-800-421-3481; 1-800-877-8339 (TDD)

catherine.jarnot@eagleschools.net                                                                              OCR@ed.gov

What happens after I file a complaint?

Complaints will be reviewed by the Title IX Coordinator to determine if the concern meets the Title IX legal criteria. Assuming a complaint meets Title IX criteria, a formal investigation will occur unless both the complainant and the accused agree to an informal resolution. An informal resolution may include mediation, agreed separation, student discipline, or on- going support measures. 

What occurs during a formal Title IX investigation?

A formal investigation will include the following steps and will take a minimum of 30 days to complete:

• A signed complaint is submitted by the complainant and support measures are provided

• Title IX criteria decision will be made by the Title IX Coordinator

• Informal resolution will be agreed to by the parties or waived

• If informal inquiry is not agreed upon, notice of formal investigation will be sent to both parties.

• If the complaint does not meet Title IX criteria, the concern may still violate a ECSD policy. Therefore, complaints that do not meet Title IX criteria often will be referred to the appropriate administrator for further investigation under applicable policy

• Investigation phase: the investigator will conduct interviews and collect evidence relevant to the complaint. The names of the parties involved and notice of all interviews will be provided to both the complainant and accused

• Both parties will be given 10 days to inspect evidence and provide written responses

• A draft investigative report will be sent to both parties for review

• Both parties will have 10 days to review the draft report and given the opportunity to provide additional written responses

• The final investigative report will be sent to the Decision Maker for review

• Both parties may submit written questions to the other party, through the Decision Maker

• The Decision Maker will determine whether there was a violation or no-violation of Title IX and will notify in writing the parties of the of decision and any applicable consequences

• Appeal request may be filed by either party within 5 days of the written determination

• If applicable, appeal review and determination will be conducted by the appellate authority and a determination will be provided to both parties

What are my rights during an investigation?

• Both complainants and accused parties have the right to have an advisor present during questioning. Advisors may include attorneys, parents, or an advocate.

• Both parties may request support measures during the investigation. Support measures may include: safety escorts, class re-assignment, locker reassignment, counseling, mediation, assigned entrances and exits, assigned parking spots, assigned lunch tables, staff check-ins, no- contact orders, modified hallway passing periods, etc. Support measures are not punitive.

• Every complainant and accused have the right to be notified, in writing, of the outcome of the complaint and their right to appeal the outcome. Even though privacy laws limit disclosure of certain information in disciplinary proceedings, schools must disclose to the complainant information about any sanctions imposed on the accused when the sanction directly relates to the complainant.

• A complainant may withdraw their Title IX complaint at any time. However, if a crime is alleged, the concern must still be reported to law enforcement.

• Accused students and staff have the right to know who is filing a complaint against them. Witness and complainant names and their statements will be shared with the accused and their parents.  Both the complainant and the accused will have access to all evidence.

• No party or witness can be compelled to testify or otherwise participate in an investigation

• It is ECSD policy that retaliation of any kind is prohibited against any party involved in a Title IX complaint or investigation. Retaliation includes intimidation, verbal or physical threats, coercion, or discrimination. Retaliation concerns should be promptly reported to the Title IX Coordinator. When evidence of retaliatory behavior exists, appropriate disciplinary action will be taken.

AC (Nondiscrimination Policy)

ACA (Title IX policy)

AC-E1 (Complaint Procedure)

AC-E2 (Discrimination Complaint Form)

AC-R (Nondiscrimination/Equal Opportunity - Complaint and Compliance Process)

AC-R-2 (Sexual Harassment Investigation Procedures)

 

• The Eagle County School District Administration Team was trained by District Leadership on Title IX on 9/27/22, 10/25/22, 11/8/22, and 8/1/23. 
• Assistant Superintendent Dr. Katie Jarnot was trained by Institutional Compliance Solutions, K-12 Title IX Coordinator Level I Training, on 4/19/23. 
• Assistant Superintendent Melisa Rewold-Thuon took ATIXA K-12 Decision-Maker Training on August 3, 2022 and acts as the district's Title IX decision maker.
• School Counselors received Title IX training from attorney Catherine Tallerico of Lyons Gaddis Attorneys and Counselor at the District Counselor PLC on March 2nd, 2022.