Washington Latin Public Charter Schools (“Organization”) has enacted this Sexual Misconduct Policy and Student Complaint Procedure (“Policy”) to reflect and maintain its institutional values and community expectations, to provide fair and equitable procedures for determining when sex-based discrimination or harassment has occurred, and to provide recourse for individuals who are victims of sex-based discrimination or harassment.
Inquiries concerning the Organization’s application of Title IX may be referred to the Organization’s Title IX Coordinator and/or to the Department of Education, Office of Civil Rights (“OCR”), as identified below.
Scope of this Policy
This Policy applies to all forms of sex-or gender- based harassment, discrimination, or violence (together, “Prohibited Conduct”) that may deny or limit a student’s ability to participate in or benefit from Washington Latin’s educational programs or activities. This Policy also prohibits all forms of sex- or gender-based discrimination and harassment in employment. Prohibited Conduct can include, but is not limited to sexual harassment, sexual assault, and sexual exploitation, as well as harassment based on gender identity, gender expression, and nonconformity with gender stereotypes. This Policy also prohibits retaliation against a person for reporting Prohibited Conduct under this Policy or for participating in an investigation of an alleged violation of this Policy.
This Policy applies to any Prohibited Conduct by students, employees, faculty, parents, and third parties, including visitors/guests, volunteers, vendors, and contractors. Washington Latin may be limited in what actions it may take when investigating or responding to a report if an accused individual is not affiliated with the Organization or is no longer affiliated with the Organization at the time the report is made. In such cases, Washington Latin will still, to the best of its ability, conduct an investigation, take steps to prevent the recurrence of misconduct to the extent it is able, and remedy the effects, if appropriate.
This Policy covers conduct which occurs both on and off Organization grounds and conduct that occurs through electronic communications, including social media, email, texts, phone and video conference. In addition to school grounds (both campuses), this includes locations such as field trips, athletic activities, and events for school clubs. Even misconduct that occurs outside of regular operations during “personal time” could have continuing effects in the Organization, and therefore is covered by this Policy.
Title IX Coordinator
The Organization has designated Lawrence Liu as our Title IX Coordinator (“Coordinator”). As the Title IX Coordinator, Lawrence Liu is responsible for:
- Ensuring compliance with Title IX
- Overseeing anti-discrimination and harassment training and education
- Overseeing and coordinating the response, investigation, and resolution of reports made under this Policy
- Overseeing certain aspects of student discipline, including referring complaints to other personnel in the Organization as appropriate.
Upon receiving reports of Prohibited Conduct covered by this Policy, the Title IX Coordinator will ensure appropriate action to eliminate the conduct, prevent its recurrence, and remedy its effects. Lawrence Liu may be contacted during regular business hours:
Lawrence Liu, Title IX Coordinator, Washington Latin PCS, 5200 2nd Street, Washington, DC 20011, (202) 223-1111 lliu@latinpcs.org
Any inquiries concerning the Organization’s application of Title IX and its implementing regulations may be referred to the Coordinator, the Head of Schools and/or to the Department of Education, Office of Civil Rights (“OCR”):
U.S. Department of Education, Office of Civil Rights, District of Columbia Office / 400 Maryland Avenue, SW, Washington, DC 20202-1475 / Telephone: (202) 453-6020, FAX: (202) 453-6021 Email: OCR.DC@ed.gov
Definitions Related to Title IX Responsibilities
Prohibited Conduct: All forms of sex- or gender-based harassment, discrimination, or violence that may deny or limit a student’s ability to participate in or benefit from Washington Latin’s education programs or activities or otherwise create a hostile working environment. Prohibited Conduct can include, but is not limited to sexual harassment, sexual assault, and sexual exploitation, as well as harassment based on gender identity, gender expression, and nonconformity with gender stereotypes.
Responsible Employee: Any employee who: has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Coordinator or other appropriate designee; or who a student reasonably believes has this authority or duty.
Sex‐Based Discrimination: Discrimination occurs when one experiences negative or adverse conduct based on characteristics protected in this Policy and/or applicable local and federal laws, where such conduct has the effect of denying or limiting one’s ability to benefit from and fully participate in educational programs or activities or employment opportunities. Sex-Based Discrimination refers to a specific type of discrimination, which includes the disparate treatment of a person or group because of that person’s or group’s sex, sexual orientation, actual or perceived gender, gender identity, or gender expression. Sex-Based Discrimination includes conduct such as assigning students materially different assignments based on their actual or perceived sex or gender. It does not include conduct such as requiring students to use different bathrooms.
Harassment: Sexual harassment is unwelcome conduct of a sexual nature, including but not limited to: unwelcome sexual advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual nature, including rape, sexual assault, and sexual exploitation. Sexual harassment specifically includes conduct of a sexual nature which is either explicitly or implicitly made a term or condition of a student’s success in school. Depending on the facts, dating violence, domestic violence, and stalking may also be forms of sexual harassment.
Unwelcome Conduct: Conduct is considered “unwelcome” if the individual did not request or invite it and considered the conduct to be undesirable or offensive. Unwelcome conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex. Participation in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a person may have welcomed some conduct does not necessarily mean that a person welcomed other conduct. Also, the fact that a person requested or invited conduct on one occasion does not mean that the conduct is welcome on a subsequent occasion.
Hostile Environment: A hostile environment exists when sex-based harassment is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the school’s programs or activities or is sufficiently severe or pervasive to create a hostile working environment. The more severe the sex- based harassment, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single instance of sexual assault may be sufficient to create a hostile environment. Likewise, a series of incidents may be sufficient even if the sex-based harassment is not particularly severe.
Consent: Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. Note that because of the age of the students at Washington Latin and the position of authority that employees hold over students, the Organization will never consider a student to have consented to sexual contact with any employee.
Non‐Consensual Sexual Activity: Includes any sexual contact, however slight, with an object or bodily part, by a person upon another that is without consent.
Incapacitation: Includes, but is not limited to, lack of consciousness, being asleep, being involuntarily restrained, or otherwise being unable to consent. Indicators of incapacitation include slurred speech, bloodshot or unfocused eyes, unsteady gait (needing assistance walking or standing, vomiting, concern expressed by others about the individual, expressed memory loss, or disorientation.
Sexual Assault: Sexual assault is actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes but is not limited to: intentional touching of another person’s intimate parts without that person’s consent; or other intentional sexual contact with another person without that person’s consent; or coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
Sexual Contact: The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Sexual Exploitation: non-consensual sexual abuse or exploitation of another when such behavior does not otherwise constitute another specifically defined behavior. Examples of sexual exploitation include, but are not limited to, non-consensual use of electronics to capture, reproduce, or share images of a sexual nature without consent of parties involved, public indecency, or exposing genitals to others without consent, or engaging in ‘peeping’ (observing another when privacy would be reasonably expected) without consent.
Reporting Prohibited Conduct
Washington Latin strongly encourages all individuals to seek assistance from a medical provider and/or law enforcement immediately after an incident involving violence, including sexual assault. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response.
The Organization also encourages all individuals to make a report of Prohibited Conduct to both the Organization and to local law enforcement, although neither is required. These reporting options are not mutually exclusive. Both internal and external reports may be made simultaneously. The procedures under this Policy may run concurrently with any criminal justice or child protection investigation and will only be subject to temporary delays at the specific request of law enforcement. Because the standards for finding a violation of a criminal law are different from the standards articulated in this Policy, criminal investigations or reports or determinations made by child protection officials are not determinative of whether a violation of this policy has occurred.
Filing a Report with the Organization
Any individual who wishes to report Prohibited Conduct (“Complainant”) is encouraged to report directly to the Title IX Coordinator or any other responsible employee. Reports may be made in person, by telephone, or in writing. Written complaints are encouraged. A complaint may be made on behalf of oneself or on behalf of another employee or student. If a complaint implicates the Title IX Coordinator, or if a Complainant is otherwise uncomfortable bringing their concerns to another responsible employee, they may bring their complaint to the Head of Schools.
Depending on the nature of the complaint, the Head of Schools may designate another appropriate individual to conduct and/or coordinate a response.
All employees of the Organization are required to immediately report suspected child abuse and neglect, to the Head of Schools, who assists in coordinating the appropriate response and fulfilling employees’ mandatory reporting obligations. Thus, confidentiality cannot be guaranteed when an individual makes a report to an Organization employee, including school counselors and the school nurse. Employees who become aware of an alleged Title IX violation, including sexual misconduct, interpersonal violence or sexual harassment or retaliation are required to report it to the Title IX Coordinator.
Requests for Confidentiality and/or Anonymity
Individuals making reports under this policy may request that the Coordinator not reveal their identity to the individual they are accusing of misconduct. If an individual requests this type of confidentiality, the Coordinator will weigh the request against the Organization’s obligation to provide a safe, non- discriminatory environment for all members of its community. The Coordinator will try to honor these requests, but it is not always possible to do so. Regardless of whether an individual requests confidentiality, the Organization will make every effort to prevent disclosure of the names of all the parties involved – the reporting individual, the Complainant, the witnesses, and the Respondent – except to the extent necessary to carry out an investigation.
Individuals who wish to remain anonymous can leave an anonymous report with the Title IX Coordinator by providing a written summary of the incident and leaving such written summary in the Coordinator’s mailbox. Individuals leaving an anonymous report should be aware that failure to disclose identifying information about the identities of the parties involved or the facts and circumstances regarding the Prohibited Conduct (including the names of any witnesses) severely limits the Organization’s ability to respond and remedy the effects of the misconduct. Anonymous reports that provide enough information to constitute suspected ongoing abuse of a minor will still be reported to child protective services and/or local law enforcement.
Complaint Resolution Process
Initial Meeting
After a report of Prohibited Conduct is made, the Title IX Coordinator will hold a meeting with the individual who filed the complaint (the “Reporting Individual”) as soon as possible upon receipt of the report. If the Reporting Individual is not the victim/ target of the Prohibited Conduct (the Complainant) and is only making a report, then the Coordinator will meet with both the Reporting Individual and the Complainant. At that meeting(s), the Coordinator will do the following:
- Ask additional questions to clarify facts/allegations reported by the Reporting Individual/ Complainant.
- Assess the severity of the situation.
- Explain the School’s resolution procedures and determine if and how the Complainant would like to proceed with the complaint.
The Coordinator will seek permission from the Complainant to initiate a formal report. Permission for a formal report may be given initially but can be withdrawn at any time. If a Complainant declines to make a formal report, requests that the report remain confidential, and/or later withdraws permission for the formal report, the Coordinator will weigh the request against the Organization’s obligation to provide a safe, non-discriminatory environment for all members of its community.
Formal Report
If the Complainant chooses to make a formal report and proceed with the Organization’s resolution procedures, the Coordinator will make an initial determination as to whether the facts, if as alleged are true, would violate this Title IX policy. If the Complaint does not implicate Title IX, the Coordinator will refer the Complaint to the appropriate person to resolve the Complaint.
Assuming that the facts, if true as alleged, would constitute a violation of this policy, the Coordinator will provide written notice of the Complaint to the individual(s) alleged to have committed the Prohibited Conduct (“Respondent(s)”). The notice shall contain the date(s) the alleged Prohibited Conduct occurred and a brief description of the Prohibited Conduct, as well as a copy of this Policy. The Coordinator may also notify any students’ parents/guardians, if appropriate.
Until the Complaint is resolved, the Organization may make available reasonable interim measures to prevent harassment and discrimination and to otherwise ensure a prompt and equitable resolution of a Complaint. These measures may include taking steps to avoid further contact between the Complainant and the Respondent such as a No-Contact Order.
Informal Mediation
Many concerns can be addressed quickly and appropriately by communicating directly with someone. A Complainant is never required to discuss misconduct with an alleged harasser alone. For these reasons, and because the Organization recognizes that a wide spectrum of behaviors can constitute violations of this Policy or other Organization policies, the Organization offers informal resolution (mediation) in appropriate circumstances.
Mediation is the preferred method of resolving many concerns. It is not, however, appropriate in all situations. The Coordinator will make the determination regarding whether mediation is appropriate. All parties must agree to participate in mediation, otherwise the Coordinator will conduct an investigation.
The nature of mediation is flexible, but in general, the Complainant and the Respondent and, if appropriate as determined by the Coordinator, their parents (if a student is involved), meet together with the Coordinator or other Organization officials to discuss the incident(s) that led to the Complaint and potential resolutions. The goal of mediation is for the parties to agree on a solution or resolution together and is not to determine fault. Such resolutions may include a no-contact agreement, a permanent change in class, activity, or transportation schedules, a verbal or written apology, or other alternate resolutions. Any agreements reached in mediation will be reduced to writing and, if age- appropriate, signed by both parties.
If the parties cannot resolve a concern during mediation, if any party refuses to mediate, or if mediation is not appropriate for the Complaint, the Coordinator will initiate an investigation. Any party or, if applicable, a party’s parent or guardian, can also decide to end mediation and proceed an investigation at any time.
Formal Investigation
If mediation is inappropriate, does not succeed, or is ended by either the Coordinator, a party, or a parent, then the complaint will be investigated formally.
The Coordinator may choose to investigate the complaint themselves, appoint another appropriate investigator from within the Organization, or retain experienced external investigators. When necessary, the Coordinator will work with other individuals in the Organization, such as Human Resources, to avoid the need for multiple investigations of the same incident.
Any investigation should include interviewing the Complainant and Respondent, if possible. It may also include interviewing other relevant witnesses or witnesses identified or requested by the Reporting Individual, Complainant and Respondent. The investigator may collect written or other evidence, including statements from the parties or witnesses. All parties will have an equal opportunity to offer witnesses and other evidence. The investigator will maintain notes of each interview and a file of any evidence collected during the investigation.
At the Conclusion of the Investigation
After completing the investigation, the investigator will determine (1) whether or not the conduct occurred; (2) whether the conduct constitutes a violation of Title IX, of this Policy, or of any other Organization policy; and (3) if the conduct was a violation of this Policy, what actions the Organization will take to end the violation, eliminate any hostile environment, and prevent its recurrence.
The investigator will make their determination based on a preponderance of the evidence standard. This means that the investigator will determine whether they think misconduct is more likely that not to have occurred (there is a greater than 50% chance that misconduct occurred). In determining whether conduct constitutes a violation of the Organization’s policies, the investigator will consider, for example, the age and level of understanding of the student(s) involved, the facts and surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between parties involved and the context in which the incidents occurred.
After the investigator makes their determinations, they will prepare a written summary of their findings, including a proposed resolution (such as proposed discipline, as described below).
Investigative Findings and Determination
The Respondent (and their parent(s)/guardian(s), if applicable) will be informed in writing of the investigative finding, sanction, and the rationale for the sanction within twenty (20) school days after submission of the complaint. The Coordinator, in their discretion, may extend the time to complete the investigation if such an extension would be reasonable under the circumstances. The Complainant (and their parent(s)/guardian(s), if applicable) will also be informed, in writing, of the outcome of the investigative process.
If any of the involved parties does not receive a written response from the Organization within 30 school days, they may contact the Coordinator regarding the status of the investigation.
Discipline of Students
If the investigator believes that discipline of a student is appropriate, the investigator will consult with the Title IX Coordinator (if that person did not perform the investigation), and the Principal (or his/her designee) to determine the appropriate level of discipline in accordance with the Organization’s published disciplinary process. Students for whom suspension or expulsion is being considered will be given notice and an opportunity to be heard before a final decision regarding suspension or expulsion is made.
Corrective Action for Non-Students
If the investigator believes that corrective action related to or discipline of an employee, volunteer, or third party is warranted, the investigator will consult with the Title IX Coordinator (if that person did not perform the investigation) and the Principal (in the case of employees or volunteers) or the Head of Schools (in the case of third parties or contractors) to determine the appropriate response to the misconduct.
Appeal
The Respondent may appeal the outcome from the decision and/or the sanction/remedy by submitting a written appeal to the Head of Schools within ten (10) school days after receiving notification of the findings. Disagreement with the finding or sanction is not, by itself, grounds for an appeal. The appealing party must demonstrate that there was insufficient evidence to support the decision, that there is new or relevant evidence, or that the sanction or remedy is substantially disproportionate given the details of the case. The Head of Schools shall review the Complaint and the record of the investigation, including the investigator’s summary of their findings, and may interview the parties again if necessary. Within fifteen (15) school days of receiving the appeal, the Head of Schools will respond in writing to the appeal, summarizing the outcome of the appeal and any changes to the findings or discipline.
Advisor Guidelines
Any individual being interviewed by the Investigators, including the Complainant and Respondent, has the right to be accompanied to any meeting or proceeding related to this resolution procedure by an advisor of their choice. An advisor is an individual who attends as a supportive presence. An advisor may take notes and quietly confer with the individual being advised but may not speak on behalf of the individual or in any way disrupt any meeting or the resolution procedure. Individuals who may have factual information relevant to the Complaint may not serve as advisors. If an individual being interviewed wishes to have an attorney serve as their advisor, he or she may retain counsel independently. Attorney advisors may participate in the resolution process to the same extent as other advisors and will not be permitted to speak on behalf of any individual or to interfere with the resolution procedure. Although the parties are not required to choose an advisor or to bring their advisor to all meetings, utilizing the same advisor throughout the process, unless there are extenuating circumstances, allows the process to move forward in the most efficient fashion.
Notification to Parents
The Coordinator will determine whether the Complainant and/or Respondent’s parent(s)/ guardian(s) need to be notified of a report of harassment or discrimination. The Coordinator, in their professional discretion, may determine that it is not necessary or appropriate to involve a student’s parent(s)/ guardian(s). However, the parent(s)/guardian(s) of both the Complainant and the Respondent(s) must be notified, unless otherwise directed by law enforcement or required by law, if the report involves physical assault or unwelcome sexual touching.
A Respondent’s parent(s)/guardian(s) must also be notified if it is possible that the Respondent will be suspended or expelled if found responsible for misconduct.
The Complainant may request that their parent(s)/ guardian(s) not be notified of a complaint involving them. Such requests will be considered by the Coordinator, however, the Coordinator in their professional judgment will determine whether it is appropriate to honor such a request.
If notification is required or warranted, the parent(s)/guardian(s) of the Complainant and/or the Respondent(s) should be notified of the report before the close of the current school day but must be notified not later than two school days after the report is filed, unless otherwise directed by law enforcement or required by law.
A parent/guardian may be invited to attend an interview with their student at the student’s request, or if the Coordinator determines that a parent/ guardian’s presence is necessary or would be helpful to the investigation. A parent/guardian’s role at an interview is primarily as a supportive presence.
Parent(s)/guardian(s) may not speak on behalf of the student or disrupt the interview.
Prohibition on Retaliation
Washington Latin will not tolerate retaliation. Retaliation is prohibited by Title IX and this Policy. An individual reporting Prohibited Conduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven to be true. This Policy also prohibits harassment of Respondents. In addition, retaliation is prohibited against individuals participating in an investigation under this Policy (such as a witness). The Organization will take immediate and responsive action to any report of retaliation or additional harassment and will pursue disciplinary action as appropriate.
