Notification of Rights
- Notice
- Notice of Non-Discrimination Statement
- U.S. Department of Agriculture Non-Discrimination Statement
- Non-Discrimination and Anti-Harassment - 4012
- Notice of Rights - Section 504 of the Rehabilitation Act of 1973
- Section 504 of the Rehabilitation Act of 1973 and The Americans With Disabilities Act - 4014
- Student and Education Records and Protection of Pupil Rights - 5147-R
- Parents' "Right to Know" Under The Every Student Succeeds Act
- Parental Rights - 5153
- Routine Health Care Services
- Persistently Dangerous Schools
- Child Abuse - 4390
- Child Abuse - 4390-R
- Child Find - 5071
- Child Find - 5071-R
- Homeless Children - 5027
- Homeless Children - 5027-R
- Title IX Sexual Harassment - 4374
Notice
The language used in this Handbook is intended neither to create nor to be construed to constitute a contract between Campbell County School District Number One, State of Wyoming (“the District”) and any one or all of its students, parents, or legal guardians of students. This Handbook is intended as a guide to inform and provide notice to students, parents, and legal guardians of policies and procedures of the District. There are no promises, expressed or implied, for specific educational achievement or outcome. The provisions of this Handbook may only be modified according to established procedures of the District. The District retains the absolute right to change the contents of the Handbook, as it deems necessary, with or without notice.
Notice of Non-Discrimination Statement
Campbell County School District Number One, State of Wyoming does not discriminate on the basis of race, color, national origin, sex, disability, or age, or any other basis protected by federal, state, or local law, in its educational programs or activities, and provides equal access to the Boy Scouts and other designated youth groups.
The following person has been designated to handle inquiries regarding the District’s non-discrimination policies:
Melanie Sylte, Title IX Coordinator/Human Resources Director
Campbell County School District Number One
1000 West Eight Street
Gillette, WY 82716
Phone (307) 682-5171
Inquiries and complaints regarding discrimination may also be made to the Office for Civil Rights, 1244 Speer Blvd., Suite 310, Denver, Colorado 80204-3582, (303) 844-5695, OCR.Denver@ed.gov.
U.S. Department of Agriculture Non-Discrimination Statement
The United States Department of Agriculture (“USDA”) prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact the USDA Office of Communications at (202) 720-2600 (voice and TTY) or contact through the Federal Relay Service at (800) 877-8339. USDA is an equal opportunity provider, employer, and lender
Non-Discrimination and Anti-Harassment - 4012
Campbell County School District (CCSD) does not discriminate on the basis of race, color, national origin, sex, disability, age, or any other basis protected by federal, state, or local law, in its programs, or activities. It is CCSD’s policy to maintain a nondiscriminatory environment free from intimidation, harassment, or bias based on these grounds.
This policy and any applicable regulations will be used to address all concerns from students, employees, applicants for employment, CCSD guests, and individuals with whom the District does business regarding unlawful discrimination and harassment.
- Inquiries about the application of Title IX (discrimination/ harassment based on sex) may be referred to the Title IX Coordinator. Contact information is listed in the following chart.
- Inquiries from employees regarding Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (Section 504/ADA), and/or discrimination in employment matters, or equitable access may be directed to the Human Resources Manager. Contact information is listed in the following chart.
- Inquiries from students/parents/guardians regarding Section 504/ADA, discrimination based on disability, may be directed to the District’s 504/ADA Coordinator. Contact information is listed below. • All other inquiries about discrimination and harassment complaints based on race, color, religion, age, national origin, disability, or any other basis protected by federal, state, may be referred to the Human Resources Manager.
Contact information is listed in the following charts:
TItle IX |
---|
Title IX Coordinator 1000 West Eight St. Gillette, WY 82716 (307) 682-5171 |
Section 504/ADA (Employees) |
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Human Resources Manager 1000 West Eight St. Gillette, WY 82716 (307) 682-5171 |
Section 504/ADA (Students) |
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504 Coordinator 1000 West Eight St. Gillette, WY 82716 (307) 682-5171 |
Discrimination & Harassment |
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Human Resources Manager 1000 West Eight St. Gillette, WY 82716 (307) 682-5171 |
Procedures for Complaint of Discrimination
- Discrimination/Harassment: 4012-R Non-Discrimination and AntiHarassment contains the District’s procedure for all investigations of discrimination and harassment of students, employees, applicants for employment, CCSD guests, and individuals with whom the District does business.
- Sexual Harassment: Policy 4374 Title IX Sexual Harassment contains the District’s procedures for addressing complaints regarding sexual harassment.
- ADA and Section 504: With regard to any complaint involving identification, evaluation, or placement involving Section 504, notice of student and parental rights are available on our website. Hearing procedures relating to identification, evaluation, and/or placement under Section 504 can also be found on our website.
Any employee with a disability who is requesting reasonable accommodation in regard to receipt of employment opportunities, program benefits and services under Section 504/ADA shall contact the Human Resource Manager.
All other complaints concerning Section 504 and ADA shall be addressed in the District’s Non-Discrimination/Anti-Harassment 4012-R.
Retaliation
Retaliation related to the filing, defending, reporting, presenting of evidence pertaining to, or decision-making pertaining to, any type of harassment or discrimination complaint is prohibited regardless of whether the original report of harassment or discrimination was substantiated. Retaliation includes threats, conduct, and communications that seek to punish, intimidate or otherwise coerce parties involved in filing, defending, reporting, presenting of evidence pertaining to, or decision-making pertaining to any type of harassment or discrimination complaint.
Malicious Accusations
Malicious accusations of harassment on the basis of race, color, national origin, sex, disability, age, or any other basis protected by federal, state, or local law have a serious detrimental effect on the person against whom the report is made. The District will take disciplinary action against any individual making a report of harassment or discrimination with knowledge that the report is false, if the report is made with reckless disregard for the truth or if the report is made with the specific intent of causing injury or damage to another person.
ADOPTION DATE: June 8, 2021. This policy replaces 4010 Equal Opportunity, Title V1, Title IX, Immigration Act and Section 504 and 4010R Equal Opportunity, Title VI, Title IX, Immigration Act and Section 504.
LEGAL REFERENCE(S): Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Immigration Reform and Control Act of 1987; Section 504 of the Rehabilitation Act of 1973; Amended Section 9525 of the Elementary and Secondary Education Act of 1965 (ESEA)
CROSS REFERENCE(S): https://www.ccsd.k12.wy.us/domain/51 4014, 4374
ADMINISTRATIVE REGULATION: 4012-R
Notice of Rights - Section 504 of the Rehabilitation Act of 1973
The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” is a federal law passed by the United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate in, or receive benefits from, programs receiving federal financial assistance. In the public schools specifically, Section 504 applies to ensure that eligible, disabled students are provided with educational benefits and opportunities equal to those provided to non-disabled students.
A student with a disability is one who has a physical or mental impairment that substantially limits one or more of his/her major life activities/ major bodily functions such as reading, concentration, thinking, learning, walking, seeing, hearing, breathing, working, and performing manual tasks, etc. Eligible students may be entitled to an accommodation plan that provides the student with the same opportunity to benefit from programs and services as afforded non-disabled students.
The purpose of the Notice is to inform parents and students of their rights at 34 CFR §104.36 of the Section 504 regulations:
- The school district must provide you with written notice of your rights. If you need further explanation or clarification of any of the rights described in this Notice, contact appropriate staff persons at the District’s Section 504 Office, and they will assist you in understanding your rights.
- Under Section 504, your child has the right to an appropriate education designed to meet his or her educational needs as adequately as the needs of non-disabled students are met [34 CFR §104.33].
- To the maximum extent appropriate, your child has the right to be educated with children who are not disabled. Your child will be placed and educated in regular classes, unless the District demonstrates that his or her educational needs cannot be adequately met in the regular classroom, even with the use of supplementary aids and services. [34 CFR §104.34]. Your child has the right to services, facilities, and activities comparable to those provided to non-disabled students [34 CFR §104.34]. • You have the right to be notified by the District prior to any action regarding the identification, evaluation, or placement of your child [34 CFR §104.36].
- You have the right to examine relevant documents and records regarding your child (generally documents relating to identification, evaluation, and placement of your child under Section 504) [34 CFR§104.36].
- You have the right to an impartial due process hearing to contest any action taken by the District with regard to your child’s identification, evaluation, or placement under Section 504 [34 CFR §104.36].
- You have the right to participate personally at the hearing and to be represented by an attorney if you wish to hire one. You also have a right to file a complaint with the Office of Civil Rights (OCR) or the Department of Education.
- If you wish to contest an action taken by the Section 504 Team by means of an impartial due process hearing, you must submit a Request for Hearing to the District’s Section 504 Coordinator at the address below:
Darla Sneathen, Section 504 Coordinator
1000 West 8th Street, PO Box 3033
Gillette, Wyoming 82717-3033
Phone: (307) 682-5171; Fax: (307) 682-7941
E-Mail: dsneathen@ccsd.k12.wy.us
Monday - Friday (8:00 am-4:00 pm)
Section 504 of the Rehabilitation Act of 1973 and The Americans With Disabilities Act - 4014
Students, parents, employees, applicants for employment, persons with disabilities, are hereby notified that Campbell County School District does not discriminate on the basis of disability in admission or accession to, or treatment or employment in, its programs and activities. Any person having inquiries concerning the District’s compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and/or the Americans with Disabilities Act (ADA) is directed to contact the District’s 504/ADA Coordinator, who may be reached at 1000 West Eighth Street, Gillette, WY 82716, (307) 682-5171.
With regard to any complaint involving identification, evaluation, or placement involving Section 504, notice of student and parental rights are available on our District website. Hearing procedures relating to identification, evaluation, and/or placement under Section 504 can be found in the procedures entitled 504 Due Process Procedures on our District website.
All other complaints concerning Section 504 and ADA shall be addressed in the District’s Non-Discrimination/Anti-Harassment Regulation.
ADOPTION DATE: June 8, 2021
LEGAL REFERENCE(S): Americans with Disabilities Act (ADA) and related U.S. Department of Justice regulations
CROSS REFERENCE(S): 4012, 4012-R, https://www.ccsd.k12.wy.us/domain /51
ADMINISTRATIVE REGUALTION:
Student and Education Records and Protection of Pupil Rights - 5147-R
Notification of Rights Under the Family Educational Rights and Privacy Act (FERPA) for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents of “non-eligible” students under the age of 18 years of age, the right to have access to their student’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. §1232g and the FERPA regulations are found at 34 CFR Part 99.
The Family Educational Rights and Privacy Act (FERPA) affords a non-eligible student’s parents or the eligible student certain rights with respect to the student’s education records. These rights are:
- The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access.
- Parents or eligible students should submit to the school principal, or appropriate school official, a written request identifying the record(s) they wish to inspect.
- The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
- The right to request the amendment of the student’s education records the parents or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
- Parents or eligible students who wish to ask the school to amend a record should write the school principal, or appropriate school official, clearly identifying the part of the record they want changed; and specify why it should be changed.
- If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parents or eligible student of the decision and advise them of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
- The right to privacy of personally identifiable information in the student’s education records, except to the extent FERPA authorizes disclosure without consent.
- One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving on an official committee, (such as a disciplinary or grievance committee); or a parent, student, or other volunteer assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.
- Upon request, the school discloses education records, including disciplinary board action, without consent to officials of another school district in which a student seeks or intends to enroll.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the office administering FERPA is as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires Campbell County School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your student’s education records. However, Campbell County School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow Campbell County School District to include this type of information from your student’s education records in certain school publications. Examples include:
- A playbill, showing your student’s role in a drama production;
- The annual yearbook;
- Honor roll or other recognition lists;
- Graduation programs; and
- Sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information, which is information generally not considered harmful, or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories–names, addresses, and telephone listings; unless parents have advised the LEA they do not want their student’s information disclosed without their prior written consent.
If you do not want Campbell County School District to disclose directory information from your student’s education records without your prior written consent, you must notify the District in writing by September 20, or within thirty days of registering. Campbell County School District has designated the following information as directory information:
- Student’s name;
- Address;
- Grade level;
- Photograph;
- Participation in officially recognized activities and sports;
- Telephone listing;
- Weight and height of members of athletic teams;
- Degrees, honors, scholarships, and awards received; and
- The most recent educational agency or institution attended.
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
- Consent before students are required to submit to a survey concerning one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED):
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
- Receive notice and an opportunity to opt a student out of :
- Any protected information survey, regardless of funding;
- Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
- Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others.
- Inspect, upon request and before administration or use:
- Protected information surveys of students;
- Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
- Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Campbell County School District has developed and adopted policies regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
Campbell County School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes.
Campbell County School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt their student out of participation of the specific activity or survey.
Campbell County School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys and be provided an opportunity to opt their student out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
- Collection, disclosure, or use of personal information for marketing, sales or other distribution;
- Administration of any protected information survey not funded in whole or in part by ED; and
- Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5901
PPRA Notice and Opt-Out For Specific Activities
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. §1232h, requires Campbell County School District No. 1 (“CCSD”) to notify you and obtain consent or allow you to opt your student out of participating in certain school activities. These activities include a student survey, analysis, or evaluation concerning one or more of the following eight areas (“protected information surveys”):
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”); and certain physical exams and screenings. CCSD will provide parents, within a reasonable period of time prior to the administration of the surveys and activities, notification of the surveys and activities, and provide an opportunity to opt their student out, as well as an opportunity to review the surveys. (Please note this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under State law.)
ADOPTION DATE: September 14, 1976; Revised March 25, 1986; February 8, 1993; May 8, 1995; Revised January 27, 2004; Reviewed June 9, 2009, Major Revision September 28, 2010; Revised March 10, 2020
LEGAL REFERENCE(S):Public Law 101-476 Individuals with Disabilities Education Act (I.D.E.A.), Public Law 93-380, Family Educational Rights and Privacy Act (FERPA), Wyoming Rules and Regulations Governing Services for Children with Disabilities, The Protection of Pupil Rights Amendment
(PPRA), 20 U.S.C. §1232h
CROSS REFERENCE: 5147
ADMINISTRATION REGULATION:
Parents' "Right to Know" Under The Every Student Succeeds Act
As a parent of a child in Campbell County School District, you have the right to know the professional qualifications of the classroom teachers who instruct your child. Federal law allows you to ask for certain information about your child’s classroom teachers and requires us to provide you this information in a timely manner if you ask for it. Specifically, you have the right to ask for the following information about each of your child’s classroom teachers:
- The right to request information about the qualifications of your child’s teacher to include state license status with approved subject areas, emergency/provisional status, and field of discipline.
- The right to request information about paraprofessionals: are any providing services to your child, and what their qualifications are.
- When your child has been taught for four or more weeks by a teacher who is not meeting applicable state licensing requirements.
- Annual notification to parents of EL students if your child has been recommended for a language instruction program and the parent’s right to opt out of the program.
Parental Rights - 5153
The District recognizes the right of parents to make decisions regarding the care and control of their student(s). Legal guardians will be notified annually of their right to file a complaint if they believe their rights as described in this policy have been violated. The procedures for filing a complaint related to the rights in this policy are found under regulation 8380 Rules of Practice Governing Hearings and Contested Cases Before the Board of Trustees.
ADOPTION DATE: May 28, 2024
LEGAL REFERENCE(S): W.S. 21-3-135
CROSS REFERENCE(S):
ADMINISTRATIVE REGULATION: 5153-R
Routine Health Care Services
Below are the routine health services provided in Campbell County School District. The legal guardians are given the ability to decline any health services; they must do so in writing with their child's school. First aid and summoning of emergency responders in case of sudden need will still be given to those students whose legal guardians have exercised their right to withhold consent for routine healthcare services under this policy. Consenting to a service does not waive the legal guardian’s right to access the student's education or health care records, nor does it waive a legal guardian’s right to be notified of a change in the student’s educational, physical, mental, or emotional health or well-being.
Health Services Categories (examples include, but are not limited to):
- Illness assessment & treatment: vital signs, review of symptoms, physical assessment, chronic disease care, communicable disease assessment
- Injury assessment & treatment: vital signs, review of symptoms, physical assessment, first aid
- Wellness assessment & treatment: pest management, oral health, hygiene (feminine and other), incontinence, nutrition, clothing, repairing broken items, impairment assessment, special education evaluations, screening (hearing, vision, scoliosis, body mass index, and dental) as described in 5200-R Student Health
- Mental health assessment & treatment: panic attacks, self-harm, bullying, vital signs, physical assessment, mental health assessment
Persistently Dangerous Schools
A Wyoming public school is considered persistently dangerous if the following condition exists. In any two consecutive years, the school has experienced felony-related expulsions for drug, alcohol, weapons, or violence that exceed an expulsion rate of two percent (2%) of the student body or four (4) students, whichever is higher, as calculated from the most recent October 1 enrollment data.
Child Abuse - 4390
The District recognizes that because of their sustained contact with school-age children, employees are in a position to help identify and report suspected child abuse and neglect. In compliance with the Child Protective Services Act, W.S. §14-3-201 through 215, the District shall report abuse or neglect whenever any person knows or has reasonable cause to believe or suspect that a child has been abused or neglected, or observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. If a person reporting child abuse or neglect is an employee they are to notify the principal, or designee, as soon as possible, who is thereupon also responsible to make the report or cause the report to be made. Any teacher or employee having any such knowledge is to make an initial report to the student’s school principal, or designee. The principal, or designee, will then notify the Superintendent, or designee. An employee’s report to the principal does not relieve that individual of their obligation to report on their own behalf unless a report has already been made or will be made. The Wyoming Statutes are mandatory and absolutely require that a report be made. Failure to report is a violation of Wyoming law.
Reports are required to be given to the Department of Family Services (DFS) or a local law enforcement agency. The reports can be submitted in written form or by phone (doing both is recommended).
School employees will not contact the child's family or other person to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school employee to prove a child has been abused or neglected, or to determine whether the child is in need of protection.
"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of the child other than by accidental means, including abandonment, unless the abandonment is a relinquishment under W.S. § 14-11-101 through 109. excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law.
"Neglect" means a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's wellbeing. “Neglect” for purposes of “education” as used in this paragraph includes willful absenteeism as defined in W.S. 21-4-101(a)(vii).
ADOPTION DATE: June 26, 1984; Editorial Revision August 14, 1984; Revised July 12, 1993; Renumbered May 22, 1995 (formerly 4290); Reviewed October 23, 2007; Revised August 23, 2016; Revised January 9, 2024
LEGAL REFERENCE(S): State Statute 14-3-201 through 215
CROSS REFERENCE(S): 4390-R
ADMINISTRATIVE REGULATION:
Child Abuse - 4390-R
Guidelines for Referring Possible Child Abuse Cases
District employees are mandatory reporters of possible child abuse. When acting in an official school district capacity, suspected child abuse reports must be presented by the employee to the appropriate principal or designee.
The principal, or designee, is responsible for forming and submitting a (written or oral) report to the Department of Family Services (DFS) or local law enforcement agency containing the following information:
Name, address and age of student; name and address of parents, guardians or caretakers; nature and extent of injuries or description of neglect; and any other pertinent information about the injuries or condition.
The principal, or designee, will notify the Superintendent or designee that a referral has been written and submitted to the appropriate child protection agency.
The principal, or designee, will confirm with the responsible governmental agency that a written report confirming or not confirming the facts reported has been made by the responsible governmental agency. The principal will keep a log of dates and times of interviews related to possible child abuse. The principal, or designee, who submits the report to DFS or law enforcement, shall notify the reporting employee that a report has been made to the proper authorities.
Interviewing of Alleged Victims During School Hours
The Department of Family Services and appropriate law enforcement agencies, upon making arrangements with the principal, or designee, of the school the student attends, will be allowed to interview alleged child abuse or neglect victims during school hours at a time and place convenient for the school and child, as determined by the principal, or designee. The principal, or designee, will be expected to be present during the interview process.
When investigating a report, the principal or designee shall endeavor to obtain, when possible, the consent of a parent or guardian to interview the child, except in those cases which there is reason to believe that a parent or guardian is the perpetrator of the alleged abuse.
ADOPTION DATE: September 27, 1988; Revised August 27, 1991; July 12, 1993; Renumbered May 22, 1995 (formerly 4290-R); Revised February 27, 1996; Reviewed October 23, 2007; Revised August 23, 2016; January 9, 2024; Minor Revision January 9, 2024
LEGAL REFERENCE(S):
CROSS REFERENCE(S): 4390
ADMINISTRATIVE REGULATION:
Child Find - 5071
Campbell County School District will implement an ongoing system to locate, identify and evaluate all children birth to 21 years of age residing within the school district who have disabilities and need early intervention under Part C or special education under Part B of Individuals with Disabilities Educational Act (IDEA or the Act).
The District shall identify all children with disabilities regardless of the severity of their disability, including children who are:
- Highly mobile, such as migrant and homeless children
- Wards of the State;
- Suspected of having a disability even though they advance from grade to grade;
- Home schooled;
- Attending a private (religious or secular) school located within the boundaries of the school district or public agency;
- Attending a charter or virtual school;
- Below the age of compulsory school attendance;
- Above the age of compulsory school attendance who have not graduated from high school with a regular diploma and have not completed the school year in which they reach their twenty-first birthday; or
- Dropped out or disenrolled from public or private school.
ADOPTION DATE: January 28, 1986; Revised July 15, 1987; Revised September 27, 1993; Renumbered November 22, 1993; Reviewed June 10, 2008; Revised and Renumbered June 14, 2011; Minor Revisions November 10, 2015; Reviewed October 26, 2021
LEGAL REFERENCE(S): 34 C.F.R. §300.111 Child find; 34 C.F.R. §300.131 Child find for parentally-placed private school children with disabilities; §21-2-502(b) Education of Children With Disabilities; Wyoming Department of Education Rules, Chapter 7, Section 4(a) Child Find
CROSS REFERENCE(S): (Formerly 5110.2, 5112) 5020, 5027, 5070
ADMINISTRATIVE REGULATION: 5071-R
Child Find - 5071-R
The child find efforts of Campbell County School District Number 1 shall include:
Public Awareness
Child find activities shall include local media resources and direct contact activities to:
- Provide information about special education services in the District and the special education referral process to public and private facilities located within the boundaries of the District, including day care centers, homeless shelters, group homes, county jails, hospitals, medical offices, and other facilities that serve children birth to 21 years old.
- Provide information about developmental and/or academic screening opportunities occurring throughout the District, including screening opportunities coordinated with other providers or agencies.
Notice
Before any major child find activity, the District shall publish notices in newspaper or other media informing parents of the activity. Circulation of this notice shall be adequate to inform parents within the jurisdiction of the District or public agency.
Staff awareness
The District shall ensure that staff members are knowledgeable about the characteristics of children with disabilities and in need of special education, and the referral process for all children, including infants or preschool children, suspected of having disabilities. Awareness activities include: Staff in-service and district electronic trainings; Outside trainings and conferences; The provision of data and information for review.
Communication to parents
The District staff shall inform parents about the availability of special education and related services and provide them with information about initiating a referral for a special education evaluation, including information about early intervention under Part C and special education under Part B. Communication activities include:
- Personal contacts by regular and special education staff and administration;
- Information/educational programs put on for the benefit of parents;
- Written communications to parents;
- Public notices.
- Children in private Schools
- The District shall locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools, located within the boundaries of the District, including children who reside in a state other than Wyoming. Child find activities for children in private schools include direct communication with the private schools and the offer of services to locate, identify and evaluate children residing within private schools. The District will provide such assessments and/or evaluations and/or other assistance as is necessary or beneficial in location, identification and evaluation of students in private schools in order to identify any students who have disabilities and need early intervention under Part C or special education under Part B.
ADOPTION DATE: January 28, 1986; Revised July 15, 1987; Revised September 27, 1993; Renumbered November 22, 1993; Revised June 10, 2008; Revised and Renumbered June 14, 2011; Minor revisions November 10, 2015; Revised October 26, 2021;
LEGAL REFERENCE(S): 34 C.F.R. §300.111 Child Find; 34 C.F.R. §300.131 Child find for parentally-placed private school children with disabilities; §21-2-502(b) Education of Children with Disabilities; Wyoming Department of Education Rules, Chapter 7, Section 4(a) Child Find
CROSS REFERENCE(S): (formerly 5110.2-R; 5112-R) 5020, 5027, 5070
ADMINISTRATIVE REGULATION
Homeless Children - 5027
It is the policy of Campbell County School District #1 that every child will have access to a free, appropriate education (FAPE). Children who are homeless have the same rights to FAPE as do other children, and the District is committed to assure that those rights are fully protected and honored.
ADOPTION DATE: January 23, 2001; Reviewed February 26, 2008; Revised January 12, 2016; Reviewed January 11, 2022
REFERENCE(S): Section 504 of the Rehabilitation Act of 1973
CROSS REFERENCE(S):
ADMINISTRATIVE REGULATION: 5027-R
Homeless Children - 5027-R
Homeless is defined as an individual who lacks a fixed, regular or adequate nighttime residence and includes but is not limited to an individual who has a primary nighttime residence that is:
- a supervised publicly or privately-operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for the mentally ill);
- an institution that provides a temporary residence for individuals intended to be institutionalized; or
- a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
- The terms "homeless" or "homeless individual" do not include any individual imprisoned or otherwise detained.
In determining whether a child or youth is homeless, the relative permanence of the living arrangements should be considered. Determinations will be made on a case-by-case basis. In general, children or youth living in welfare hotels, transitional housing shelters, the streets, cars, abandoned buildings and other inadequate accommodations will be considered homeless.
Children and Youth in Transitional or Emergency Shelters
If children or youth are placed in a transitional or emergency shelter because there is nowhere else to send them, and they are awaiting placement in a foster home or a home for neglected children, they will be considered homeless while in the emergency or transitional shelter. Once placed in a foster home or a home for neglected children or youth, they will no longer be considered homeless.
Children and Youth Living in Trailer Parks, Camping Grounds, and Motels
Children and youth staying temporarily in trailer parks, campgrounds, and motels because they lack adequate living accommodations will be considered homeless. Those living in trailer parks or camp areas on a longterm basis in adequate accommodations will not be considered homeless.
Doubled-Up Children and Youth
Children and youth who are living in "doubled-up" accommodations, that is, are sharing housing with other families or individuals, will be considered homeless if they are doubled-up because of a loss of housing or other similar situation. Families living in doubled-up accommodations voluntarily to save money generally will not be considered homeless.
Foster Children and Youth
In general, children and youth in foster homes will not be considered homeless. Many foster children are in the care of a public agency, awaiting placement in more permanent situations. The foster home, although temporary, serves as a fixed regular and adequate nighttime residence. Children placed in foster homes for lack of shelter space, however, will be considered homeless.
Incarcerated Children and Youth
Children and youth that are incarcerated for violation or alleged violation of a law will not be considered homeless even if prior to their incarceration they would have been considered homeless because they are living in inadequate accommodations. Children and youth who are under the care of the state and are being held in an institution because they have no other place to live will be considered homeless. Once these children are placed in more permanent facilities, they will no longer be considered homeless.
Migratory Children and Youth
Migratory children and youth will not be considered homeless simply because they are children of migratory families. To the extent that migratory children are staying in accommodations not fit for habitation, they will be considered homeless.
Runaways
Children or youth who have run away from home and live in runaway shelters, abandoned buildings, the street or other inadequate accommodations will be considered homeless, even if their parents have provided and are willing to provide a home for them.
School-Aged, Unwed Mothers
In general, if school-aged, unwed mothers or expectant mothers are living in homes for unwed mothers, and they have no other available living accommodations, they will be considered homeless. However, if they are staying in such a home only temporarily to receive specific health care or other services and intend to move to other adequate accommodations, they will not be considered homeless.
Sick or Abandoned Children and Youth
There are instances where children or youth remain in a hospital beyond the time they would normally stay for health reasons because their families have abandoned them. These children or youth will be considered homeless because they have no other place to live. Children or youth that were homeless prior to hospitalization will be considered to be homeless while they are in the hospital, unless regular and adequate living accommodations will be made available to them upon release from the hospital.
If a school has students who meet any of the above definitions of homeless, the student should be referred to the building principal. The principal will convene the necessary staff and community agencies needed to develop an action plan to provide the student with a free appropriate public education.
Transportation
Homeless students have the right to receive transportation to and from their school of origin or the school closest to where they are currently living, if requested. The request may come from the parent, guardian, youth, or CCSD staff. If the student’s temporary residence is outside of the Campbell County School District, the new district and CCSD will determine how to divide the responsibility and cost of providing transportation. Transportation services will be comparable to those provided to other students.
Disputes
If a dispute arises over any issue covered in this policy, the child or youth in transition will be admitted immediately to the school in which enrollment is being sought, pending final resolution of the dispute. The student will also have the rights of a student in transition to all appropriate educational services, transportation, free meals, and Title 1, Part A, services while the dispute is pending.
The school where the dispute arises will provide the parent or unaccompanied youth with a written and/or oral explanation of its decision and the right to appeal and will refer the parent or youth to the local liaison immediately. The local liaison will ensure that the student is enrolled in the requested school and receiving services to which he or she is entitled and will resolve the dispute as expeditiously as possible. The parent or unaccompanied youth will be given every opportunity to participate meaningfully in the resolution of the dispute. The local liaison will keep records of all disputes in order to determine whether particular issues or schools are delaying or denying the enrollment of children and youth in transition repeatedly.
The parent, unaccompanied youth, or other school district may appeal the school district’s decision as provided in the state’s dispute resolution process.
ADOPTION DATE: January 23, 2001; Reviewed with revision February 26, 2008; Editorial revision October 22, 2013; Revised January 12, 2016; Revised October 25, 2016; Revised January 11, 2022
REFERENCE(S): Section 504 of the Rehabilitation Act of 1973
CROSS REFERENCE(S): 5027
ADMINISTRATIVE REGULATION:
Title IX Sexual Harassment - 4374
Campbell County School District Number 1 (District) is committed to a safe and civil educational environment for all students, employees, volunteers, and patrons free from sexual harassment and discrimination. Sexual harassment is a form of sexual discrimination. This policy shall apply to all students, employees, and volunteers of District. It is often possible to resolve complaints informally. Therefore, before a formal complaint is filed, all individuals are encouraged to discuss the matter with a School Official. Documentation and an investigation will take place at the level at which the alleged harassment occurred. If the aggrieved student or employee is not satisfied with the disposition of their grievance, they may file a formal complaint outlined in this policy.
Prohibition of Sexual Harassment
District prohibits any harassment on the basis of sex in its education programs or any activity that it operates, including in employment.
Title IX Coordinator
District’s Title IX Coordinator is designated and authorized to oversee compliance with all aspects of the District’s Sexual Harassment Policy. Inquiries about the application of Title IX to CCSD #1 may be referred to: 1) the Title IX Coordinator, who may be reached at the District Administration Building, 1000 West 8th Street, Gillette WY 82716, email address (title9@ccsd.k12.wy.us), phone (307) 682-5171 or 2) the Assistant Secretary, Office of Civil Rights, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582, (303) 844-5695, OCR.Denver@ed.gov.
The contact information for the Title IX Coordinator is available on the District’s website, which may be found at: https://www.ccsd.k12.wy.us/.
Complaints of sexual discrimination which do not constitute sexual harassment are processed as per board policy 4010 Equal Opportunity, Title V1, Title IX, Immigration Act and Section 504.
- I. DEFINITIONS
- II. GRIEVANCE PROCEDURES
- III. INFORMAL RESOLUTION
- IV. RETALIATION
- V. FALSE ACCUSATIONS OR STATEMENTS
- VI. REPORTS/COMPLAINTS TO LAW ENFORCEMENT AUTHORITIES
- VII. TRAINING
- VIII. RECORDS
I. DEFINITIONS
A. Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to: 1) the Title IX Coordinator; 2) any school employee; or 3) any District official who has authority to institute corrective measures on behalf of the District. This standard is not met when the only employee or official with actual knowledge is the respondent.
B. Complainant means an individual who is alleged to be a victim of conduct that could constitute sexual harassment.
C. Deliberate Indifference means any failure to respond to discrimination based on sex reasonably in light of known circumstances.
D. Education Program or Activity includes location, events, or circumstances over which the District exercises substantial control over both the respondent and the context in which the sexual harassment occurs, including but not limited to on school premises, a school bus or other school related vehicle, a school bus stop, an activity or event sponsored by a school, whether or not it is held on school premises, and any other program or function where the school is responsible for the student.
E. Formal Complaint means a document filed by a Complainant or their parent/guardian or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the District’s education program or activity. The phrase “documentation filed by a Complainant” means a document or electronic submission (such as email or through (portal)) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.
F. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
G. Retaliation means intimidation, threats, coercion, or harassment, including charges against an individual for code of conduct violations that do not involve sex sexual harassment, but arise out of the same facts or circumstance as a report or complaint of sex, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX.
H. School Official means a building level administrator (principal or assistant principal) or a central office administrator.
I. Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
a. A District employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
b. 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 District’s education program; or
c. “Sexual assault” (as defined by the Clery Act), “dating violence”, “domestic violence”, or “stalking” (as defined in the Violence Against Women Act).
J. Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The District must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
II. GRIEVANCE PROCEDURES
- A. Reporting Allegations of Sexual Harassment
- B. District’s Response
- C. Formal Complaint Process
- D. Appeal
- E. Remedies/Sanctions
A. Reporting Allegations of Sexual Harassment
Any person may report sexual harassment, regardless of whether the person is the alleged victim of the reported conduct.
1. To Whom:
a. A District employee may receive oral\written reports of sexual harassment at the building or department level. Any employee who receives a report of sexual harassment under this policy shall immediately inform a School Official.
b. Any employee who observes or has knowledge that a student is the victim of sexual harassment shall report to a School Official.
c. If the complaint involves a School Official, the report may be made directly to the District’s Title IX Coordinator.
d. Complaints may also be directed to the District’s Title IX Coordinator in person, by mail, by telephone, at the District Administration Building, 1000 West 8th Street, Gillette, WY 82716, email address (title9@ccsd.k12.wy.us), phone (307-682-5171). Such report may be made at any time (including non-business hours) by using the Title IX Coordinator’s telephone number or email address.
e. Individuals experiencing sexual harassment or discrimination also always have the right to file a formal grievance with the Office of Civil Rights, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582, (303) 8445695, OCR.Denver@ed.gov.
2. An anonymous report may be made by utilizing the Safe 2 Tell link on the District’s website: https://www.ccsd.k12.wy.us/.
3. Complaint. A complainant or their parent/guardian may file a formal complaint with the Title IX Coordinator as outlined above. A third party may not file a formal complaint; however, the Title IX Coordinator may also sign a formal complaint, triggering an investigation. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party under this policy.
4. Anonymity. Irrespective of whether a report of sexual harassment is anonymous or the reporter does not wish for their name to be shared, or does not wish for an investigation to take place, the District is deemed to have actual knowledge of sexual harassment or allegations of sexual harassment in an education program or activity and must respond promptly. On the other hand, if District cannot identify any of the parties involved in the alleged sexual harassment based on the anonymous report, then a response that is not clearly unreasonable under light of these known circumstances will differ from a response under circumstances where District knows the identity of the parties involved in the alleged harassment, and District may not be able to meet its obligation to, for instance, offer supportive measures to the unknown complainant.
B. District’s Response
1. General Response: District will investigate Formal Complaints alleging sexual harassment in a prompt, thorough, and impartial manner that is not deliberately indifferent, and shall take disciplinary action against any student or school personnel found to have violated this policy. The District is committed to providing a balanced and fair process to resolve complaints of sexual harassment so that everyone – complainants, respondents, and the entire school community – is treated in a non-discriminatory manner.
In this regard, District shall:
a. Offer supportive measures to a complainant and follow the Grievance Procedure as set forth in this policy before imposing any disciplinary consequences or sanctions on the respondent.
b. Require an objective evaluation of all available evidence, both exculpatory (evidence that tends to show the respondent did not commit the alleged sexual harassment) and inculpatory (evidence that tends to show the respondent did commit sexual harassment), and prohibit credibility determinations based on a party’s status as complainant, respondent, or witness.
c. Require that any person designated as a Title IX Coordinator, investigator, decision-maker, or any person designated to facilitate an informal process not have a conflict of interest against complainants and respondents generally or against the particular complainant and respondent. The District shall be solely responsible for designating the Title IX Coordinator, investigators, decision-makers, and any person designated to facilitate an informal process.
d. Require that throughout the investigation and until a determination has been made at the conclusion of the grievance process, it shall be presumed that the respondent is not responsible for the alleged conduct.
e. Conclude the grievance process in reasonably prompt time frame, absent extenuating circumstances based on good cause (e.g., law enforcement involvement, absence of a party, witness, or advisor, the need for language assistance or accommodation of disabilities) with written explanation to both parties explaining the reason for delay.
2. Title IX Coordinator Initial Response: Upon receipt of a report of sexual harassment, the Title IX Coordinator will promptly contact the complainant (alleged victim) to: a) discuss the availability of supportive measures; b) consider the complainant’s wishes with respect to supportive measures; c) inform the complainant of the availability of supportive measures with or without filing a formal complaint; and, d) explain the process for filing a formal complaint.
3. Emergency Removal/Administrative Leave:
a. Student Respondent. A student respondent may be removed from the education program or activity on an emergency basis, provided that District conducts an individualized safety and risk analysis and determines that emergency removal is necessary in order to protect a student or other individual from an immediate threat to physical health or safety. In such a case, District will provide the respondent with notice and an opportunity to challenge the decision immediately after the removal. Emergency removal does not modify any rights under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the American with Disabilities Act.
b. Employee Respondent. An employee respondent may be immediately placed on administrative leave as provided under District Board Policy and Wyoming law.
C. Formal Complaint Process
1. Written Notice. Upon receipt of a formal complaint, District will provide written notice to all known parties in sufficient time to give the respondent time to prepare a response before an initial interview. Written notice will include:
a. Notice of the grievance process;
b. Notice of the allegations in sufficient details (i.e. names of known parties, the conduct alleged to be sexual harassment, and the date and location of the conduct, if known) to allow the respondent to prepare a response;
c. A statement that the respondent is presumed not responsible for the alleged conduct and that responsibility will be determined at the conclusion of the grievance process;
d. Notice of the parties’ right to have an advisor (who may be, but is not required to be, an attorney) and to inspect and review evidence and provide advice to the party they represent but who will not be allowed to actively participate in the witness interview process nor interrupt nor interfere with the investigator’s witness interviews; and
e. Notice of the provision in this policy that prohibits knowingly making false statements or providing false information in the grievance process.
If, in the course of the investigation, District decides to investigate allegations about the respondent or complainant that were not included in the original written notice, notice of the additional allegations will also be provided in writing to the known parties.
2. Dismissal. District will investigate the allegations in a formal complaint.
a. However, the complaint shall be dismissed if the allegations:
i. would not constitute sexual harassment as defined in this policy, even if proved;
ii. did not occur in District’s program or activity; or
iii. did not occur against a person in the United States.
b. The complaint may be dismissed if:
i. The complainant notifies the Title IX Coordinator at any time during the investigation that he or she wishes to withdraw the complaint or any allegation in the complaint;
ii. The respondent’s enrollment or employment ends; or
iii. The specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the complaint or any of the allegations. (i.e.-passage of several years between a formal complaint and the alleged conduct or a complainant ceasing to cooperate with the grievance process).
In the event of dismissal, District may investigate the allegation as a violation of any other applicable code of conduct violation.
3. Consolidation. District may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
4. Investigation
a. By Whom
i. All reports of sexual harassment, false reporting, or retaliation shall be processed by the Title IX Coordinator.
ii. An impartial and trained investigator shall conduct the investigation into the allegations and draft an investigative report.
b. Burden of Proof
i. The burden of proof and gathering of evidence rests on the District, not the parties.
ii. In its investigation, the District cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional which are made and maintained in connection with treatment to a party, unless the District obtains that party’s (or the party’s parent’s) voluntary, written consent to do so.
c. Parties’ Rights
i. Each party will have an equal opportunity to present witnesses and evidence during the investigation process.
ii. District does not restrict the ability of either party to discuss the allegations under investigation and to gather and present relevant evidence.
iii. The parties may have others present during interviews or other related meetings or proceedings, including an advisor of their choice who may but is not required to be an attorney. The advisor’s role will be limited to acting as an advisor to the parties; the advisor will not be allowed to participate in the interview, related meeting or proceeding, or otherwise question parties or witnesses, nor will the advisor be allowed to interrupt or interfere with questions asked by the investigator(s).
iv. A party whose participation is invited or expected will be provided written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time to allow the party to prepare to participate.
v. Both parties and their advisors, if any, will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in formal complaint, including evidence on which District does not intend to rely and any exculpatory (evidence that tends to show the respondent did not commit the alleged sexual harassment) or inculpatory (evidence that tends to show the respondent did commit sexual harassment) evidence from any source. This evidence will be provided to the parties at a time as determined by the investigator but prior to the completion of the final investigation report and in time to give the parties at least ten (10) school days to prepare a written response. The investigator will consider each party’s written response prior to completing the Investigative Report:
d. Investigative Report
The District investigator will prepare a written Investigative Report that fairly summarizes the relevant evidence and provide the report to the parties and their advisors, if any, for their review and written response, at least ten (10) school days prior to a determination of responsibility.
5. Determination regarding responsibility
a. Decision-Maker.
Following the investigation process, an impartial decision-maker designated and trained by the District, shall make a determination regarding responsibility. The decision-maker cannot be the investigator or the Title IX Coordinator.
b. Questions by Parties.
After the having sent the Investigative Report to the parties, but before reaching a determination regarding responsibility, each party shall have the opportunity to submit written, relevant questions that the party wants asked of another party or witness, provide each party with the answers, and provide for limited follow-up questions. The decision-maker must explain to the party proposing the questions that any decision to exclude a question is not relevant. The decision-maker shall set reasonable deadlines for submission and response to questions.
c. Standard of Evidence. In reaching a determination of responsibility, the decision-maker shall apply the preponderance of evidence standard (“it is more than likely than not that sexual harassment occurred”).
d. Written Determination. The decision-maker shall issue a written determination of responsibility simultaneously to the parties that:
i. Identifies the allegations that potentially constitute sexual harassment;
ii. Describes the procedural steps taken from receipt of the complaint through the determination;
iii. Includes findings of fact supporting the determination;
iv. Includes conclusions regarding application of this policy to the facts;
v. Includes a statement of, and a rationale for, the result as to each allegation, including:
- a determination of responsibility;
- any disciplinary sanctions;
- whether remedies to restore or preserve equal access to District’s education program or activity will be provided to the complainant.
vi. Sets forth the procedures and basis for the parties to appeal.
D. Appeal
1. Right to Appeal. Each party shall be offered the right to appeal: 1) from a determination regarding responsibility; and 2) from the District’s dismissal of a formal complaint or any allegations contained therein, on the following limited bases:
a. Procedural irregularity that affected the outcome of the matter;
b. Evidence that was not available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; and
c. The Title IX Coordinator, investigator(s), or decision-makers(s) 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. No right to appeal exists with respect to remedies, sanctions, or for any other reason not set forth above.
2. How to Appeal. Within ten (10) school days from the date of the written determination, any party who wishes to file an appeal must provide written notice of appeal to the Title IX Coordinator, who may be reached at the District Administration Building, address 1000 West 8th Street, Gillette WY 82716, email address (title9@ccsd.k12.wy.us), or by phone (307) 682-5171.
The written notice of appeal shall indicate whether the appeal is from a determination of responsibility or dismissal of a complaint and include the bases as set forth above upon which the party is relying for the appeal.
3. District Action on Notice of Appeal. Upon receipt of a written notice of appeal, the Title IX Coordinator will notify the other party in writing that an appeal has been filed. The decision-maker on the appeal will not be the same person as the decision-maker(s) that reached the determination of responsibility or dismissal, the investigators, or the Title IX Coordinator.
4. Parties’ Rights. Within ten (10) school days from notification of the other party that an appeal was filed, each party may submit a written statement in support of, or challenging, the outcome.
5. Determination of Appeal. Within ten (10) school days of receipt of the parties’ written submissions, the decision-maker will issue a written decision describing the result of the appeal and the rationale for the result.
E. Remedies/Sanctions
- After a determination of responsibility has been made against a respondent, the Title IX Coordinator shall coordinate implementation of remedial action for the complainant and disciplinary action against the student respondent, under the guidance of the District’s policies and procedures. The Superintendent shall be responsible for imposing of disciplinary sanctions against an employee respondent.
- Remedies for Complainant. The remedies for the complainant will be determined on a case-by-case basis and may include the same actions as described as supporting measures.
- Disciplinary Sanctions against Respondent
a. Student Respondent. The range of disciplinary sanctions against a student respondent following a determination of responsibility will depend on the severity, and, the age level, but can include suspension or expulsion. All discipline taken shall remain at the full discretion of the District and in accordance with District policy, the District’s student handbook, and all applicable law.
b. Employee Respondent. Disciplinary sanctions against an employee respondent will be imposed in accordance with District policy and all applicable law. A determination of responsibility against an employee respondent will be considered “good and just cause” for suspension, termination or dismissal.
III. INFORMAL RESOLUTION
A. Right to Informal Resolution. After a formal complaint is filed, and at any time prior to reaching a determination regarding responsibility, the District may facilitate an informal resolution process such as mediation, that does not involve a full investigation and determination of responsibility, if:
a. Both parties are provided written notice of:
i. the allegations;
ii. the requirements of the informal resolution process, including circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;
iii. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
b. Both parties provide voluntary written consent to the informal resolution process.
B. Right to Withdraw. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.
C. Not Available for Employee Respondent. Informal resolution is not available to resolve allegations that an employee sexually harassed a student.
IV. RETALIATION
A. Retaliation Prohibited. Neither the District nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX and 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 under this policy.
B. Confidentiality. The District is required to keep as confidential the identify of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by law, or to carry out the purposes of this policy, including the conduct of any investigation.
C. Complaints of Retaliation. Complaints alleging retaliation may be filed using the procedures set out in this policy.
V. FALSE ACCUSATIONS OR STATEMENTS
A false accusation of sexual harassment and/or any false statement or providing false information in the grievance process under this policy can have a serious detrimental effect on innocent parties. Any student or employee who is found to have made a knowing, deliberate, or intentional false accusation, statement, report, or formal complaint or who has otherwise provided false information in the grievance process is subject to the disciplinary sanctions outlined above. A determination that a respondent is not responsible for alleged sexual harassment under this policy after investigation does not equate to a false accusation, if the claim is made in good faith.
VI. REPORTS/COMPLAINTS TO LAW ENFORCEMENT AUTHORITIES
Where there is reasonable suspicion that the allegation of sexual harassment involves criminal activity, the appropriate law enforcement agencies will be immediately contacted. Under certain circumstances, sexual harassment may constitute child abuse or neglect. In such situations, the District shall comply with the reporting requirements contained therein. In the event that law enforcement agencies become involved, the District will complete its investigation and render its written findings in accordance with its policies and procedures and independent of the law enforcement agencies disposition of the case.
VII. TRAINING
Training of Title IX personnel (Title IX Coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process) will include training on the definition of Sexual Harassment, the scope of the District’s education program or activity, how to conduct an investigation and grievance process, including appeals and informal resolution processes, and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Decision makers and investigators will receive training on the issues of relevance, including how to apply the rape shield protections provided only for Complainants. District will post materials used to train Title IX personnel on its website, or otherwise make such materials available for members of the public to inspect.
VIII. RECORDS
District will maintain for a period of seven (7) years records of:
- Each sexual harassment investigation including any determination regarding responsibility, and disciplinary sanction imposed on the respondent, and any remedies provided to the complainant;
- Any appeal and the result therefrom;
- Any informal resolution and the result therefrom; and
- All materials used to train Title IX Coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process.
ADOPTION DATE: September 22, 2020
LEGAL REFERENCE(S): Section 703 of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e, et seq. and the Educational Amendments of 1972 (Title IX), as amended, 20 U.S.C. § 1681, et seq.34 U.S.C.A. . § 12291 (a)(8), 34 U.S.C.A. § 12291 (a)(10), 34 U.S.C.A. § 12291 (a)(30), Clery Act & Violence Against Women Act, WYO. STAT. §§ 14-3-201 et seq.
CROSS REFERENCE(S): 4010 Equal Opportunity, 5135 Student Expulsion, Title V1, Title IX, Immigration Act and Section 504
ADMINISTRATIVE REGULATION: