Title IX Policy &
Grievance Process.
Odyssey Charter School (OCS) does not discriminate on the basis of sex in any education program or activity that it operates, including admission and employment. OCS is required by Title IX of the Education Amendments of 1972 and the regulations promulgated through the U.S. Department of Education not to discriminate in such a manner. Inquiries about the application of Title IX to OCS may be referred to Odyssey Charter School's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both.
Renee Beamer
Any person may report sex discrimination, including sexual harassment, at any time, including during non-business hours.
Wilmington, DE 19805
Definition of Sexual Harassment
For purposes of this policy and the grievance process, "sexual harassment" means conduct on the basis of sex that satisfies one or more of the following:
- An OCS employee conditioning the provision of an aid, benefit, or service of Odyssey Charter School on an individual's participation in unwelcome sexual conduct.
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to Odyssey's education program or activity.
- "Sexual assault" as defined in 20 USC 1092(f)(6)(A)(v), "dating violence" as defined in 34 USC 12291(a)(10), "domestic violence" as defined in 34 USC 12291(a)(8) or "stalking" as defined in 34 USC 12291(a)(30).
When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator directs the individual to the applicable sex discrimination process for investigation.
Retaliation Prohibited
OCS prohibits intimidation, threats, coercion or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation proceeding or hearing, if applicable.
Confidentiality
OCS must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, any individual who has been alleged to be the victim or perpetrator, and any witness, except as may be permitted by FERPA or as required by law, or to carry out the purposes of the Title IX regulations.
Training Requirements
OCS ensures that Title IX Coordinators, investigators, decision-makers, and facilitators receive training on the definition of sexual harassment, scope of OCS education programs, conducting investigations, hearings, and appeals, and serving impartially.
All materials used to train individuals must not rely on sex stereotypes and are made publicly available on the OCS website.
Conflict of Interest and Bias
OCS ensures that officials involved in the Title IX process do not have a conflict of interest or bias for or against complainants or respondents.
Determination of Responsibility
The individual reported to be the perpetrator is presumed not responsible. No disciplinary sanctions will be imposed unless and until a final determination of responsibility is reached.
Sexual Harassment Grievance Process
The Board requires the following grievance process to be followed for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited as sexual harassment by Title IX.
Definitions
Notice of sexual harassment or allegations of sexual harassment to the OCS Title IX Coordinator or any official of OCS who has authority to institute corrective measures on behalf of the School, or to any other employee of Odyssey Charter School.
Includes locations, events or circumstances over which OCS exercised substantial control over both the individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment, and the context in which the sexual harassment occurs.
An individual who is alleged to be the victim of conduct that could constitute sexual harassment.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that OCS investigate the allegation of sexual harassment.
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.
Odyssey Charter School Requirements
When OCS has actual knowledge of sexual harassment in an education program or activity of OCS, Odyssey Charter School will respond promptly in a manner that is not deliberately indifferent. When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator will direct the individual to the applicable sex discrimination process for investigation.
OCS treats individuals who are alleged to be the victim (Complainant) and perpetrator (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive measures. Supportive measures are designed to restore or preserve equal access to the School's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the OCS educational environment, or deter sexual harassment.
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant's wishes, and explain the process for filing a formal complaint.
Timelines
OCS has established reasonably prompt time frames for the conclusion of the grievance process, including time frames for filing and resolving appeals and informal resolution processes. The grievance process may be temporarily delayed or extended for good cause.
For the purposes of calculating calendar days, should the last day of the prescribed period end on a weekend or an OCS holiday, such period will be deemed to end on the next calendar day when OCS is in session.
| Action | Time Allotted |
|---|---|
| Complaint | Day 1 |
| Response | 10 days to respond |
| Investigation and Follow-up Submissions | 10 days to investigate |
| Evidence Review and Investigative Discovery | 5 days to respond |
| Written Investigative Report | 10 days after completion of Discovery |
| Parties' Written Questions to Decision-Maker | 5 days from Written Investigative Report |
| Parties' Responses to Investigative Report | 10 days from Written Investigative Report |
| Final Determination | 15 days from Parties' Responses |
| Appeal | 7 days from Final Determination |
| Appeal Determination | 10 days |
Response to a Formal Complaint
At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the education program or activity of OCS with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by electronic mail, or other means designated by OCS.
Upon receipt of a formal complaint, OCS must provide written notice to the known parties including:
- Notice of the allegations of sexual harassment, including information about the identities of the parties involved in the incident, the conduct allegedly constituting sexual harassment, the date and location of the alleged incident, and any sufficient details known at the time.
- An explanation of OCS investigation procedures, including any informal resolution process.
- A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made by the decision-maker at the conclusion of the investigation.
- Notice to the parties that they may have an advisor of their choice who may be, but is not required to be, an attorney, and may inspect and review any evidence.
- Notice to the parties of any provision in the OCS code of conduct or policy that prohibits knowingly making false statements or knowingly submitting false information.
Investigation of a Formal Complaint
When investigating a formal complaint and throughout the grievance process, OCS must:
- Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on OCS and not the parties.
- Provide an equal opportunity for the parties to present witnesses and evidence.
- Not restrict either party's ability to discuss the allegations under investigation or to gather and present relevant evidence.
- Allow the parties to be accompanied with an advisor of the party's choice who may be, but is not required to be, an attorney.
- Provide written notice of the date, time, location, participants, and purpose of any interview or meeting at which a party is expected to participate.
- Provide the parties equal access to review all the evidence collected which is directly related to the allegations raised in a formal complaint.
- Objectively evaluate all relevant evidence without relying on sex stereotypes.
- Ensure that Title IX Coordinators, investigators, decision-makers and individuals who facilitate an informal resolution process, do not have a conflict of interest or bias.
- Not make creditability determinations based on the individual's status as Complainant, Respondent or witness.
- Not use questions or evidence that constitute or seek disclosure of privileged information unless waived.
Evidence Review & Investigative Report
OCS provides both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation. Prior to completion of the investigative report, the Title IX Coordinator must send to each party the evidence subject to inspection. The parties have ten (10) calendar days to submit a written response.
The investigator must prepare an investigative report that fairly summarizes relevant evidence and send the report to the Title IX Coordinator. The parties have another ten (10) calendar days to submit a written response to the final report.
Decision-Maker's Determination
The decision-maker cannot be the same person(s) as the Title IX Coordinator or the investigator. The decision-maker must issue a written determination regarding responsibility based on a preponderance of the evidence standard.
A copy of the written determination must be provided to both parties simultaneously, and generally will be provided within sixty (60) calendar days from Odyssey's receipt of a formal complaint.
Appeals
Either the Complainant or Respondent may appeal the decision-maker's determination regarding responsibility or a dismissal of a formal complaint, on the following bases:
- Procedural irregularity that affected the outcome of the matter.
- New evidence that was not reasonably available at the time that could affect the outcome.
- The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome.
The request to appeal must be made in writing to the Title IX Coordinator within seven (7) calendar days after the date of the written determination.
Informal Resolution Process
Except when concerning allegations that an employee sexually harassed a student, at any time during the formal complaint process and prior to reaching a determination, OCS may facilitate an informal resolution process, such as mediation, provided that the School obtains the parties' voluntary, written consent.
Recordkeeping
OCS must maintain for a period of seven (7) years records of:
- Each sexual harassment investigation.
- Any appeal and the result therefrom.
- Any informal resolution and the result therefrom.
- All materials used to train Title IX Coordinators, investigators, and decision-makers.