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Title IX Sexual Harassment Policy 1725/4035/7236

I. Purpose

ENCSD is committed to maintaining a safe, respectful, and inclusive environment free from sex-based discrimination—including sexual harassment and violence—in all school programs and activities. This policy outlines prohibited behaviors and the procedures for reporting and responding to Title IX complaints in compliance with:

  • Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)
  • 34 C.F.R. Part 106
  • NCDPI Title IX regulatory guidance

ENCSD will respond promptly to all known or suspected instances of sexual harassment or discrimination.

II. Definitions

  • Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
  • Respondent: The individual reported to be the perpetrator of such conduct.
  • Title IX Sexual Harassment includes:
    1. Quid pro quo harassment: conditioning educational benefits on sexual acts.
    2. Hostile environment: unwelcome conduct, based on sex, so severe, pervasive, and objectively offensive that it limits participation in school programs or employment. 
    3. VAWA Offenses: sexual assault, dating/domestic violence, and stalking.
  • Supportive Measures: Non-disciplinary, non-punitive assistance offered to Complainants or Respondents, such as counseling, schedule changes, or no-contact orders.
  • Formal Complaint: A document filed by a Complainant or Title IX Coordinator initiating a grievance process.
  • Actual Knowledge: When any employee or school official learns of possible Title IX harassment.

III. Scope

This policy applies to:

  • All ENCSD programs and activities, on or off campus, including boarding.
  • All students, staff, volunteers, and third parties.
  • All employees—both licensed and classified—are mandatory reporters.

IV. Prohibited Conduct

ENCSD prohibits:

  1. Quid pro quo harassment by school employees.
  2. Creation of a hostile environment through persistent, unwelcome, sex-based conduct.
  3. VAWA offenses: sexual assault, dating violence, domestic violence, stalking.
  4. Retaliation against anyone exercising rights or participating in investigations.

V. Reporting Requirements

  • Who must report: All employees and school officials with actual knowledge.
  • How to report:
    • Contact the Title IX Coordinator verbally or in writing.
    • Use school email, phone, or designated reporting form.
  • Initial actions:
    • Title IX Coordinator offers Supportive Measures within 3 school days of notice.
    • If a Formal Complaint is filed, initiate a Title IX formal grievance process.
  • No confidentiality guarantee— Equity and safety require disclosure to appropriate staff.

VI. Grievance Process Overview

Following a Formal Complaint, ENCSD will:

  1. Determine if the complaint falls under Title IX criteria.
  2. Provide Written Notice to both parties.
  3. Offer opportunity for informal resolution, if appropriate and chosen by both parties.
  4. Conduct a prompt, impartial investigation by trained personnel.
  5. Issue a written determination, based on a preponderance of evidence.
  6. Inform parties of appeals rights and process limitations.

This process follows NCDPI’s Title IX procedural guidance.

VII. Supportive Measures

Available to both Complainants and Respondents, such as:

  • Class or housing reassignment
  • No-contact directives
  • Counseling referrals
  • Academic or workplace adjustments

These are offered regardless of whether the Formal Complaint proceeds.

VIII. Retaliation

ENCSD strictly prohibits retaliation against anyone who reports or participates in a Title IX process. Reporting retaliation should be directed to the Title IX Coordinator or HR.

IX. Training & Notice

  • Staff receive annual training on definitions, policy, and reporting obligations.
  • Title IX Coordinators and investigators are trained annually on investigative procedures. 
  • Policy, Coordinators’ contact info, and process details are posted on ENCSD’s website and staff/student handbooks.

X. Recordkeeping

  • Maintain all documentation—reports, communications, investigation records, remedies—for at least 7 years as required by federal regulation. 

XI. Confidentiality

ENCSD will protect privacy to the best extent possible, sharing information only with those needing to know to manage the complaint and provide remedies.

Legal References

 

XIV. Annual Acknowledgement

All staff must review this policy annually and sign an acknowledgment. Records of compliance are kept in HR records.

Policy