Title IX—Sexual Harassment

b.  A notice of allegations of sexual harassment is sufficient details known at the time to permit the parties to prepare a response before any initial interview, including:

 

i.  The identities of the parties involved, if known;

 

ii.  The conduct allegedly constituting sexual harassment; and

 

iii.  The date and location of the alleged incident; if known.

 

c.  The Complainant and Respondent's right to have an advisor of his/her choice who may be, but is not required to be, an attorney, at all phases of the process;

 

1.  The Respondent identified in any report alleging sexual harassment under this administrative procedure will be presumed not responsible for the alleged conduct until the Respondent's responsibility is conclusively established through the grievance process. 

 

2.  An employee Respondent, however, may be placed on administrative leave during the grievance process.

 

NOTE: Measures for employees will be in accordance with State Personnel Management System Md. Code, SPP §11-106.

 

 

 

 

 

NOTE: The written notice of determination will become final after five (5) business days if no appeal is filed.

 

 

 

 

 

 

Volunteers and visitors who engage in sexual harassment will be directed to leave school property. A third party under the supervision and control of MSD will be subject to termination of contracts/agreements, and restricted from access to school property. Any volunteer, visitor, or other third party who engages in sexual harassment will also be subject to other consequences, as authorized by law.

 

 

The Complainant may request to withdraw the formal complaint any time prior to the Determination of Responsibility being issued to the Complainant and Respondent. The request to withdraw must be in writing to the Title IX Coordinator. If the Complainant does not wish to proceed with a formal complaint, the Title IX Coordinator will adhere to the withdrawal as long as failing to do so would not be clearly unreasonable in light of known circumstances.

 

 

 

NOTE: Either party may appeal a dismissal of a formal complaint. Please refer to Section 0: Appeals below. 

 

 

The parties shall have the right to appeal by notifying the Superintendent in writing, with a copy to the Title IX Coordinator. 

 

 

 

 

a.  Procedural irregularity that affected the outcome of the matter;

 

b.  New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or 

 

c.  The Title IX Coordinator, Investigator, or Decision Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. 

 

 

Any party who files an appeal must do so within five (5) business days of receiving the written determination regarding responsibility or dismissal of a formal complaint. Upon receipt of an appeal by either party, a notice of appeal will be provided to both parties by the Title IX Coordinator. 

 

 

The Title IX Coordinator will share the filed appeal with the other party. If the opposing party wishes to file a response, the response must be received by the Title IX Coordinator no later than five (5) business days following receipt of the appeal. If additional time is needed, prior to the expiration of the five-day deadline, the Title IX Coordinator may grant an extension of one (1) business day upon request.

 

 

All remedies imposed by MSD will be in effect during the appeal. A request may be made to the Superintendent for special consideration in exigent circumstances, but the position of MSD is that the remedies will stand. Graduation, field trips, extracurricular activities, internships, etc. do not in and of themselves constitute exigent circumstances. Employees and students shall not be able to participate in these activities during their appeal. In cases where the appeal results in reinstatement to MSD or of privileges, all reasonable attempts will be made to restore the student or staff member to their prior status, recognizing that some opportunities lost may be irretrievable in the short term. 

 

 

All appeals and responses are forwarded to the appellate member for initial review to determine if the appeal states an appropriate basis for review and is timely. The original finding and sanction will stand if the appeal is not timely or does not meet the criteria of one of the above bases for appeal, and the decision is final. If the appeal is timely and presents an appropriate basis for review, the appellate member will proceed with a substantive review of the appeal. 

 

 

The party requesting appellate review must show error in the original finding or sanction. The finding and sanction are presumed to have been decided reasonably and appropriately. 

 

 

If the appellate member determines that new evidence should be considered, the appellate member will reconsider it in light of the new evidence only. The appellate member's reconsideration of new evidence cannot be appealed. 

 

 

If the appellate member determines that a procedural error occurred, the appellate member will review to cure the error. The results of this second review with the error cured cannot be appealed. 

 

 

In rare cases, where the procedural error cannot be cured (as in cases of bias), the appellate member may order a new review of the complaint with a new Decision Maker. The results of the new Decision Maker's review can be appealed, once, in accordance with the three applicable bases for appeals.

 

 

At the conclusion of an appeal, if the appellate member determines that the remedies or disciplinary sanctions imposed are disproportionate to the severity of the violation, the appellate member may increase, decrease, or otherwise modify the remedies or disciplinary sanctions.

 

 

a.  All parties will be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.

 

b.  An appeal is not intended to be a full rehearing of the formal complaint. Appeals are confined to a review of the written documentation or record of the original decision-making process and pertinent documentation regarding the grounds for appeal.

 

c.  An appeal is not an opportunity for the appellate member to substitute his or her judgment for the Decision Maker merely because the appellate member disagrees with the finding or sanction. The findings of the Decision Maker are highly regarded and the appeal decision focuses on making changes to the finding only when there is clear error and to the sanction only if there is a compelling justification. 

 

d.  Remedies imposed are implemented immediately unless in extraordinary circumstances, pending the outcome of the appeal. 

 

 

The appellate member will render a written decision describing the result of the appeal and the rationale for the result simultaneously to all parties within fifteen (15) business days from receipt of the appeal. Additional time to render the appeal decision is allowed for good cause, but not to exceed 20 business days. The appellate member's decision to deny an appeal is final. 

 

 

Any act of retaliation or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX or because the person has made a report or filed a formal complaint or testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing involving sexual harassment is prohibited. Any person who is found to have engaged in retaliation will be subject to discipline, up to and including dismissal for employees, and up to and including expulsion for students. Complaints alleging retaliation are to be treated as claims of sex discrimination and may be filed in accordance with this procedure.