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acac_prohibition_of_sexual_harassment:policy_and_grievance_procedures [2025/07/21 20:31] sau47 |
acac_prohibition_of_sexual_harassment:policy_and_grievance_procedures [2025/07/21 20:33] (current) sau47 |
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| **__3. Formal Complaints.__**\\ | **__3. Formal Complaints.__**\\ | ||
| - | Pursuant to federal regulations, and this Policy, a formal complaint that contains allegations of conduct that may constitute Title IX sexual harassment and a request that the District investigate the allegations is required before the District may conduct a formal investigation of Title IX sexual harassment or take any action (other than supportive measures) against a person accused of Title IX sexual harassment. **Once a formal complaint of Title IX sexual harassment is received by the Title IX Coordinator, s/he shall commence the Title IX Grievance Process set out in Sect. III below. The process for filing a formal complaint is set forth in Sect. III.A.** If the alleged conduct does not appear to meet the definition of Title IX sexual harassment, **AND** no formal complaint is filed under Sect. III.A, then the matter may be processed under Board policy ACA.\\ | + | Pursuant to federal regulations, and this Policy, a formal complaint that contains allegations of conduct that may constitute Title IX sexual harassment and a request that the District investigate the allegations is required before the District may conduct a formal investigation of Title IX sexual harassment or take any action (other than supportive measures) against a person accused of Title IX sexual harassment. **Once a formal complaint of Title IX sexual harassment is received by the Title IX Coordinator, s/he shall commence the Title IX Grievance Process set out in Sect. III below. The process for filing a formal complaint is set forth in Sect. III.A.** If the alleged conduct does not appear to meet the definition of Title IX sexual harassment, **AND** no formal complaint is filed under Sect. III.A, then the matter may be processed under Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA]].\\ |
| **__4. Limitation on Disciplinary Action.__**\\ | **__4. Limitation on Disciplinary Action.__**\\ | ||
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| 4. Upon dismissal of a formal complaint, the District must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.\\ | 4. Upon dismissal of a formal complaint, the District must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.\\ | ||
| - | **The dismissal of a formal complaint under Title IX does not preclude the District from continuing any investigation or taking action relative to Non-Title IX sexual harassment or otherwise under Board policy ACA, other applicable District policies, code of conduct or administrative rules/regulations. In some cases, the District may have an obligation to continue an investigation and proceed under a different policy or mandated process. (See discussions in Sect. II.A and the definitions under "sexual harassment" in Sect. II.C).**\\ | + | **The dismissal of a formal complaint under Title IX does not preclude the District from continuing any investigation or taking action relative to Non-Title IX sexual harassment or otherwise under Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA]], other applicable District policies, code of conduct or administrative rules/regulations. In some cases, the District may have an obligation to continue an investigation and proceed under a different policy or mandated process. (See discussions in Sect. II.A and the definitions under "sexual harassment" in Sect. II.C).**\\ |
| **__H. Appeals Process.__**\\ | **__H. Appeals Process.__**\\ | ||