ACD – Prevention of Harassment and Discrimination of Students

1. Definitions for purposes of the implementation of Policy ACD only:
   1. Advisor: For the purpose of this Policy, an Advisor means an individual, other than Parent/Guardian, who provides supports to Parties at the Parties’ request during the investigation process. Advisors may be school staff, but the District is not required to provide Advisors and District staff are not required to serve in this role.
   2. Contractor: Means a person who has direct contact with or supervision over District students pursuant to a contract with the District. Contractor does not include all parties providing services to the District under a contractor or agreement.
   3. Complainant: Means a person who is subject to, and files a report of, alleged Harassment or Discrimination pursuant to CCSD Board Policies. Parents/Guardians are permitted to file complaints and report allegations of Harassment or Discrimination on behalf of their students.
   4. Employee: Means any employee of the District, including but not limited to, teachers, paraprofessionals, mental health staff, administrators, food and nutrition staff, transportation staff, building engineers and maintenance staff, athletic staff, administrative staff, school health services staff, information technology staff, security staff, and contractors contracted to provide services in schools to students the same as District employees, such as contracted nurses or related services providers.
   5. Harassment or Discrimination: For purposes of this policy, Harassment or Discrimination means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or Employee that is directed at a student or group of students because of that student’s or group’s membership in, or perceived membership in, a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct need not be severe or pervasive to constitute Harassment or Discrimination. Conduct that is not severe and pervasive still constitutes harassment or discrimination if:
      1. Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual’s access to an educational service, opportunity, or benefit;
      2. Submission to, objection to, or rejection of the conduct or communication is used or explicitly or implicitly threatened to be used as a basis for educational decisions affecting the individual; or
      3. The conduct or communication has the purpose of effect of unreasonably interfering with the individual’s access to their educational service, opportunity, or benefit or creating an intimidating, hostile, or offensive educational environment.
         • Petty slights, minor annoyances, and lack of good manners do not constitute harassment or discrimination unless the slights, annoyances, or lack of manners, when taken in a combination and under the totality of the circumstances, meet the standard of Harassment or Discrimination.
         • Whether conduct constitutes Harassment or Discrimination is judged under the totality of the circumstances, which may include, but is not limited to:
           • The frequency of the conduct or communication, recognizing that a single incident may rise to the level of Harassment or Discrimination.
           • The number of individuals engaged in the conduct or communication;
           • The type or nature of the conduct or communication;
           • The duration of the conduct or communication;
           • The location where the conduct or communication occurred;
           • Whether the conduct or communication is threatening;
           • Whether any power differential exists between the individual alleged to have engaged in harassment or discrimination and the individual alleging the Harassment or Discrimination;
           • Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading;
           • Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class; or
           • Whether the conduct includes an act of physical violence.
   6. Local Education Provider: Means a Colorado public school district.
   7. Parties: For purposes of this Policy, Parties means the Complainant and Respondent, which may be students, or their Parents/Guardians operating on behalf of the students.
   8. Policy: Refers to this Policy adopted pursuant to C.R.S. § 22-1-143(3).
   9. Public School: Public school means an elementary school, middle school, or high school.
   10. Respondent: Means the individual who has been reported to be the perpetrator of alleged Harassment or Discrimination, unless the allegation of Harassment of Discrimination also constitutes sexual harassment as defined under CCSD Board Policy AC-R-5. In that circumstance, the definition under the Grievance Procedure for “Respondent” applies.
   11. Supportive Measures: For purposes of this Policy, Supportive Measures means accommodations and supports provided to a student alleged to be experiencing Harassment or Discrimination (Complainant) that are designed to protect the safety of all students and that preserves and, if necessary, restores equal access to education for the Complainant. Supportive Measures may also be provided to Respondent or other students involved in the investigation, including to prevent and address retaliation. If allegations constitute sexual harassment under CCSD Board Policy AC-R-5, Supportive Measures must be offered to the Respondent, and Supportive Measures cannot be disciplinary or punitive.
2. Reporting
   1. 1. 1. Any person may report Harassment or Discrimination, whether or not the person is a Complainant.
         2. Reports may be made in-person, by mail, by telephone, using an online form, or by electronic mail.
         3. Reports of Harassment or Discrimination may be made to any school administrator, Building Title IX Coordinator, or school leadership team. Any school staff member who receives an allegation of Harassment or Discrimination shall immediately report the information to a school administrator, Title IX Coordinator, or other District staff in leadership, which may include Executive Directors or District Equity Compliance Officers.
         4. Investigator or their designee shall document the allegation and provide a copy of the allegation to Complainant.
         5. A report of Harassment or Discrimination, or information revealed during any investigation or disciplinary proceedings of the report, shall not be used as a basis for, or as a consideration in, investigating or imposing any disciplinary response upon the reporting student or complaints related to the following, unless discipline is necessary to ensure the safety of any student or employee and in compliance with CCSD Board Policy AC-R-5:
            1. Engaging in reasonable self-defense against the Respondent
            2. Consensual sexual activity
            3. Drug or alcohol use
            4. Late arrival
            5. Truancy
            6. Unauthorized access to facilities
            7. Talking publicly about the reported Harassment or Discrimination
            8. Expressing trauma symptoms
         6. Students may be subject to discipline for knowingly making a false report of Harassment or Discrimination. A finding of “no Harassment or Discrimination” does not in and of itself constitute a false report.
   3. Response and Notice of Rights.
      1. 1. Any school district employee who receives a report of Harassment or Discrimination, must keep the report confidential to the extent permitted and applicable under CCSD Board Policy and law.
         2. Any school district employee who receives a report of Harassment or Discrimination which triggers the obligations as a mandatory reporter under Colorado law, shall report to the allegation to law enforcement or the Department of Human Services, as appropriate.
         3. Investigator or the investigator’s designee shall provide documentation based on the allegations and the appropriate investigation procedures to inform Complainant and Respondent of available Supportive Measures, and the next steps in the investigation.
         4. Parties may, but are not required to, access Supportive Measures. Allegations constituting sexual harassment shall be addressed under CCSD Board Policy AC-R-5. Supportive Measures under that policy cannot be disciplinary or punitive, and restorative conversations may be required as a part of the Informal Resolution Process. Supportive Measures may be provided at any time after the report of Harassment or Discrimination. Supportive Measures may include, but are not limited to,
            1. Access to mental health staff or safe adult
            2. Check-ins with school staff
            3. No Contact Agreements
            4. Restorative conversations
            5. Modifications to schedules
            6. Assigned seating
            7. Cell phone contracts
            8. Increased supervision
            9. Restriction of off-campus privileges
            10. Review of IEP or Section 504 plans
   4. Investigation and Additional Rights.
      1. The investigation conducted must be fair, impartial, and prompt.
      2. The District shall cooperate with any Law Enforcement or Department of Human Services investigations and may delay components of the investigation based on Law Enforcement request.
         1. Investigations by outside entities may run parallel to District investigations, and the District may utilize information from outside entities as evidence, but shall not rely on outside investigations including conclusions of outside investigations to make determinations under this Policy.
      3. The standard of proof to be applied to the findings of whether Harassment and Discrimination occurred shall be a preponderance of the evidence.
      4. All questions related to the investigation must be directed to the individual conducting the investigation, or the investigator’s designee. The investigator shall consider patterns of misconduct and other relevant evidence, unless the allegations constitute sexual harassment under CCSD Board Policy AC-R-5, which permits students to question witnesses or other students.
      5. Parties may have an Advisor or other supportive person present during any part of the investigation process, including the reporting of an allegation, providing additional evidence or information, and discussing or requesting Supportive Measures.
         1. All communications shall be made to the Parties, and it is the responsibility of the Parties to share the information with Advisors or additional supportive individuals.
         2. Advisors are still expected to follow and shall be subject to CCSD Board Policies when on District property or participating in a District investigation.
      6. The investigator shall provide a written update of the status of the investigation to the Parties every fifteen (15) school days.
      7. Investigator shall provide Parties with concurrent notification of the outcome and findings.
         1. Information regarding findings shall be student specific, and information may be limited based on protections for students under FERPA. Allegations of sexual harassment under CCSD Board Policy AC-R-5 shall comply with the notification requirements and confidentiality limitations identified in that policy.
      8. A complaint that is unsubstantiated is confidential except as otherwise provided by law, and shall not serve as a basis for discipline, dismissal, termination, or any negative employment reference or licensing action against a Respondent unless the conduct establishes a pattern of the same or similar behavior.

5. Community Resources
6. 1. Students or Parents/Guardians may request community resources from the school or may access community resources available on the District website.
   2. Students or Parents/Guardians may report any safety concerns to the Safe2Tell hotline as a confidential form of reporting: Safe2Tell 1-877-542-7233 or they may submit an online report to: https://safe2tell.org/
   3. Students or Parents/Guardians may also contact law enforcement or Department of Human Services to report allegations that fall under this Policy.
   4. Students or Parents/Guardians may also contact:

The National Domestic Violence Hotline:

1-800-799-SAFE (7233)

The National Sexual Assault Hotline:

1-800-565-4673

6. Recordkeeping
   1. Each Local Education Provider shall retain the records of a Harassment of Discrimination report for seven (7) years.
      1. The Record of a Report of Harassment or Discrimination includes any accommodations or Supportive Measures taken in response to a report or formal complaint of Harassment or Discrimination and documentation of the basis for the Local Education Provider’s Action and Response.