HPS Title IX Notice and Procedures – Updated 4_2025 – Arabic
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – Arabic

HPS Title IX Notice and Procedures – Updated 4_2025 – French
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – French

HPS Title IX Notice and Procedures – Updated 4_2025 – English
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – English

HPS Title IX Notice and Procedures – Updated 4_2025 – Haitian Creole
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – Haitian-Creole

HPS Title IX Notice and Procedures – Updated 4_2025 – Portuguese
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – Portuguese

HPS Title IX Notice and Procedures – Updated 4_2025 – Spanish
HPS Harassment Policy and Grievance Procedure – Revised 4_2025 – Spanish

 

TITLE IX NOTICE AND PROCEDURES

Title IX of the Education Amendments of 1972 states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. 20 USC §1681.

Sexual harassment, including sexual violence, is unlawful sex discrimination. As required by Title IX and in compliance with Title IX, the Haverhill Public Schools (HPS) does not discriminate on the basis of sex in its education programs or activities, including in its admission or employment practices. Inquiries regarding the application of Title IX to the HPS’s education program and activities are directed to the Title IX Coordinator.

The following conduct constitutes sexual harassment:

  • A school employee conditioning an educational benefit or service upon a person’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
  • 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 school’s education program or activity; or
  • Sexual assault, dating violence, domestic violence, or stalking (as those offenses are defined in the Clery Act, 20 U.S.C. § 1092(f), and the Violence Against Women Act, 34 U.S.C. § 12291(a)).

How to Report Sex Discrimination, including Sexual Harassment:

Any person may report sex discrimination, including sexual harassment in person, by mail, by telephone, or by electronic mail, to the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Reports may be made at any time by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinators.

Maureen Irons
Title IX Coordinator
Haverhill Public Schools
4 Summer Street, Room No. 104
Haverhill, MA 01830
978-228-0432
mirons@haverhill-stage.materiell.net

Title IX Coordinator for Employees:

Sandra McArthur, Director of Human Resources
4 Summer Street, Room 104, Haverhill, MA 01830
978-374-3400
smcarthur@haverhill-stage.materiell.net

How to File a Formal Complaint of Sexual Harassment:

A complainant may file a Formal Complaint with the Title IX Coordinator by mail, email,
telephone, or in person. The Title IX Coordinator may also initiate a Formal Complaint.

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. 

Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that Haverhill Public Schools investigate the allegation.

How HPS will respond:

The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures. 

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. Supportive measures are offered whether or not the complainant files a formal complaint and are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter sexual harassment. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. 

The Title IX Coordinator will consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. The Title IX Coordinator must treat complainants and respondents equitably and offer supportive measures to the complainant and respondent.

The HPS may remove a respondent from school or an activity on an emergency basis, provided that an individualized safety and risk analysis determines that there is an immediate threat to the physical health or safety of any student or other individual. Respondents removed on an emergency basis will receive notice and an opportunity to challenge the decision immediately following the removal. This provision may not modify any rights for students with disabilities.

Grievance Process

In response to a formal complaint, HPS will adhere to the following grievance process.

Written Notice:

Upon receipt of a formal complaint, the Title IX Coordinator will provide written notice to the parties who are known. The written notice shall include:

  • Notice of the grievance process, including notice of informal resolution process;
  • Notice of the allegations that includes sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
  • Notice that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • Notice that the parties may have an advisor of their choice and may inspect and review evidence; and
  • Notice that the HPS code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If any new allegations arise during the grievance process, the Title IX Coordinator will provide written notice of the additional allegations to the parties whose identities are known.

Investigation:

The HPS will investigate the allegations in the formal complaint. HPS will use trained personnel to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party.

The HPS may dismiss the formal complaint if:

  • The conduct alleged would not constitute sexual harassment even if proved, did not occur in a HPS education program or activity, or did not occur in the United States.
  • The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint of any of the allegations in the formal complaint, or if the respondent is no longer enrolled or employed by the HPS; or specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint.

Upon a dismissal, the Title IX Coordinator will promptly send written notice for the dismissal and reason(s) therefore simultaneously to the parties. When investigating a formal complaint and throughout the grievance process, the HPS will:

  • Apply a presumption of innocence, and ensure that the burden of proof and the burden of gathering evidence rests on the HPS and not on the parties;
  • Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
  • Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence; Protect parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological or similar treatment records during the grievance process;
  • Consider information about a person’s sexual predisposition or prior sexual behavior as not relevant, unless it is offered to prove that someone other than the Respondent committed the alleged act, or the information concerns specific incidents of sexual behavior between the parties and it is offered to prove consent.
  • Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney;
  • Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
  • Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint;
  • Prior to the completion of an investigative report, send to each party and the party’s advisor, the evidence subject to inspection and review and provide the parties at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.
  • Create an investigative report that fairly summarizes relevant evidence for their review and written response.

The investigator shall strive to complete investigations within thirty (30) school days of the filing of the formal complaint. Although the District’s goal is to complete investigations generally within thirty (30) school days, the time may be extended for good cause upon written notice to the complainant and respondent. Additionally, the timeline for investigation may be suspended during any informal resolution procedure or meeting.

Determination regarding responsibility:

  • The decision-maker, who shall not be the investigator or the Title IX Coordinator, will provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Complainants may not be asked inappropriate questions about prior sexual history. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.
  • The decision-maker must issue a written determination regarding responsibility. To reach this determination, the decision maker shall apply a preponderance of the evidence standard. Preponderance of the evidence means that it is more likely than not that the alleged conduct occurred.
  • The decision maker shall review all of the evidence and issue a written determination within fifteen (15) school days of receipt of the matter from the investigator, absent extenuating circumstances.
  • The Title IX Coordinator is responsible for effective implementation of any remedies.

Appeals:

Either party may appeal the determination regarding responsibility (or from a dismissal) on the following grounds:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against the complainant or respondents generally or the individually that affected the outcome of the matter.

Appeals must be submitted to the Title IX Coordinator within 10 school days of receipt of the written determination and contain a written statement in support or challenge of the outcome. In the event of an appeal, the Title IX Coordinator will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. The Appeal shall be reviewed by a person who is not the original Decision-Maker, Investigator, or Title IX Coordinator. That person shall issue a written decision and rationale simultaneously to the parties.

Informal resolution

An informal resolution process is available when a formal complaint is filed. Informal resolution process is available without a full investigation and nothing in the informal process shall preclude the parties from resuming a Formal Complaint process. Participation is voluntary and written consent is required. An informal resolution process is not permitted to resolve allegations that an employee sexually harassed a student.

Record Keeping

The HPS will maintain records regarding sexual harassment reports and complaints for a period of seven years.

Retaliation Prohibited

Retaliation is prohibited against any individual, including complainants, respondents, and witnesses for reporting sexual harassment, participating (or refusing to participate) in any investigation/grievance process. Individuals may report retaliation to the Title IX Coordinator who will investigate and take measures to protect individuals from retaliation.

Complaints of Discrimination and/or Harassment on the basis of sex may also be reported to:

The Office for Civil Rights, US Department of Education
5 Post Office Square, 8 th Floor
Boston, MA 02109-3921
Telephone: 617-289-0111, FAX: 617-289-0150
Electronic Mail: OCR.Boston@ed.gov

ACAB – HARASSMENT

Harassment of students by other students, employees, vendors and other third parties will not be tolerated in the Haverhill Public Schools. The alleged harassment must involve conduct that occurred within the school’s own program or activity, such as whether the harassment occurred at a location or under circumstances where the school owned, or substantially controlled the premises, exercised oversight, supervision or discipline over the location or participants, or funded, sponsored, promoted or endorsed the event where the alleged harassment occurred, against a person in the United States. This policy is in effect while students are on school grounds, School District property or property within the jurisdiction of the School District, school buses, or attending or engaging in school sponsored activities.

Harassment prohibited by the District includes, but is not limited to, harassment on the basis of race, sex, gender identity, creed, color, national origin, sexual orientation, religion, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to disciplinary action up to and including suspension or expulsion pursuant to disciplinary codes. Employees who have been found to violate this policy will be subject to discipline up to and including termination of employment, subject to contractual disciplinary obligations.

Employee-to-Student Harassment means conduct of a written, verbal or physical nature that is designed to embarrass distress, agitate, disturb or trouble students when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education or of a student’s participation in school programs or activities; or
  • Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student.

Student-to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students, when:

  • Such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating or hostile learning environment.

Harassment as described above may include, but is not limited to.

  • Written, verbal, or physical (including texting, blogging, or other technological methods) harassment or abuse;
  • Repeated remarks of a demeaning nature;
  • Implied or explicit threats concerning one’s grades, achievements, or other school matters;
  • Demeaning jokes, stories, or activities directed at the student.

By law, what constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based. Individuals should consider how their words and actions might reasonably be viewed by others.

The District will promptly and reasonably investigate allegations of harassment through designation of Title IX Coordinator or building based employees, who may include principals or their designees. The superintendent will recommend, in consultation with the principals, opportunities to the designated recipients for appropriate training.

Sexual harassment of students by other students, employees, vendors and other third parties will not be tolerated in the Haverhill Public Schools. The following procedure will be followed for all non-Title IX sex discrimination, for incidents that involve potential conduct that is actionable under Title IX, Title IX procedures and policies will be used. The alleged harassment must involve conduct that occurred within the school’s own program or activity, such as whether the harassment occurred at a location or under circumstances where the school owned, or substantially controlled the premises, exercised oversight, supervision or discipline over the location or participants, or funded, sponsored, promoted or endorsed the event where the alleged harassment occurred, against a person in the United States. This policy is in effect while students are on school grounds, School District property or property within the jurisdiction of the School District, school buses, or attending or engaging in school sponsored activities.

Students whose behavior is found to be in violation of this policy will be subject to disciplinary action up to and including suspension or expulsion pursuant to disciplinary codes.

Sexual harassment in the workplace is unlawful. Employees who have been found to violate this policy will be subject to discipline up to and including termination of employment, subject to contractual disciplinary obligations.

The District will promptly and reasonably investigate allegations of sexual harassment through designation of a Title IX Coordinator and building based employees, as set forth below.

Sexual harassment is unwelcome conduct of a sexual nature. The definition includes unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity. It also includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment includes conduct by an employee conditioning an educational benefit or service upon a person’s participation in unwelcome sexual conduct, often called quid pro quo harassment and sexual assault as the Federal Clery Act defines that crime.

Sexual violence is a form of sexual harassment. Sexual violence, as the Office of Civil Rights (OCR) uses the term, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drug or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse and sexual coercion. Massachusetts General Laws Ch.119, Section 51 A requires that public schools report cases of suspected child abuse and neglect, immediately orally and file a report within 48 hours detailing the suspected abuse to the Department of Children and Families. For the category of sexual violence, in addition to Section SIA referrals, Department of Children and Families. For the category of sexual violence, in addition to Section SIA referrals, these offences and any other serious matters shall be referred to local law enforcement.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment, depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness:

  • Unwelcome sexual advances -whether they involve physical touching or not;
  • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
  • Displaying sexually suggestive objects, pictures, cartoons;
  • Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
  • Inquiries into one’s sexual experiences; and,
  • Discussion of one’s sexual activities.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, to male, female, or gender nonconforming students or employees may also constitute sexual harassment.

Because the District takes allegations of harassment, including sexual harassment, seriously, we will respond promptly to complaints of harassment including sexual harassment, and following an investigation where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting an environment that is free of harassment including sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of harassment or sexual harassment.

A complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment. A respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or a violation of this policy.

Retaliation against a complainant, because the complainant has filed a harassment or sexual harassment complaint or assisted or participated in a harassment or sexual harassment investigation or proceeding, is also prohibited. It is unlawful to retaliate against a district employee for filing a complaint of sexual harassment or for cooperating in an investigation. A student or employee who is found to have retaliated against another in violation of this policy will be subject to disciplinary action up to and including student suspension and expulsion or employee termination.

The complainant does not have to be the person at whom the unwelcome sexual conduct is directed. The complainant, regardless of gender, may be a witness to and personally offended by such conduct.

NOTICE OF SEXUAL HARASSMENT

The federal regulations require a school district to respond when the district has actual knowledge of sexual harassment. School districts have actual knowledge when an allegation is made known to any school employee. Schools must treat seriously all reports of sexual harassment that meet the definition of harassment and the conditions of actual knowledge and jurisdiction as noted whether or not the complainant files a formal complaint. A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. Schools are required to investigate every formal complaint and respond meaningfully to every known report of sexual harassment.

Upon receipt of allegations the Title IX Coordinator shall promptly contact the complainant confidentially to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant that supportive measures are available with or without the filing of a formal complaint, and explain the process for filing a formal complaint. Supportive measures include, but are not limited to, non-disciplinary, nonpunitive 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 education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or to deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, school building 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 building campus, and other similar measures.

Where there has been a finding of responsibility, the regulations require remedies designed to restore or preserve access to the school’s education program or activity.

DUE PROCESS PROTECTIONS

Due process protections in connection with Investigation and decision-making regarding a complaint include the following:

  1. If the allegations do not meet the definition of sexual harassment or do not satisfy the requirements regarding location or connection to an educational program of the school district, the allegations shall be dismissed for purposes of Title IX, but may be investigated and addressed under other prohibitions in the student discipline code, relevant collective bargaining agreements or other laws under which they fit;
  2. A presumption of innocence throughout the grievance process, with the burden of proof on the school;
  3. A complainant’s wishes with respect to whether the school investigates will be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances;
  4. A prohibition of the single investigator model, instead requiring a decision-maker separate from the Title IX Coordinator or investigator;
  5. Proof by a preponderance of the evidence, subject to limitations
  6. The opportunity to test the credibility of parties and witnesses through disclosure of evidence and opportunity to submit additional questions, subject to “rape shield” protections;
  7. Written notice of allegations and an equal opportunity to review the evidence upon filing a formal complaint;
  8. An objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoidance of credibility determinations based on a person’s status as a complainant, a respondent, or a witness;
  9. Title IX Coordinators, investigators, and decision-makers must be trained and free from bias or conflict of interest;
  10. A right to appeal from a determination regarding responsibility and from a dismissal of a formal complaint or the allegations therein, where the determination or dismissal involved any of the following: procedural irregularity that affected the outcome; newly discovered evidence that could affect the outcome; or the Title IX Coordinator, the investigator, or the decision-maker had a conflict of interest or bias that affected the outcome;
  11. As long as the process is voluntary for all parties, after being fully informed and written consent is provided by both parties, a school may facilitate informal resolution of a formal sexual complaint, but no such informal resolution can be used where the allegations are that an employee sexually harassed a student.

 

A district may establish an informal investigation process that may, upon the request of the complainant, be followed by a formal process.

The Title IX Coordinator or the school building Principal shall be the initial entity to receive the sexual harassment complaint. In all cases the Title IX Coordinator shall be informed, as soon as possible, of the filing of the complaint. Nothing in this policy shall prevent any person from reporting the prohibited conduct to someone other than those above designated complaint recipients. An employee with actual knowledge of conduct that may violate this policy must report to the Title IX Coordinator.

The District may remove a respondent on an emergency basis after undertaking an individualized safety and risk analysis and determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations justifies removal. The District will provide the respondent with written notice and an opportunity to challenge the decision immediately following the removal in accordance with any applicable laws, collective bargaining agreements and student handbooks.

The Superintendent in consultation with the Title IX Coordinator shall designate the principal of each school in the district, or their designee (or some other appropriate employee(s)) as the initial entity to receive the sexual harassment complaint. Also, in a matter of sexual harassment, the district shall require that the Title IX Coordinator be informed, as soon as possible, of the filing of the complaint. Nothing in this policy shall prevent any person from reporting the prohibited conduct to someone other than those above designated complaint recipients.

INVESTIGATIONS

The Title IX Coordinator shall designate an investigating officer. The investigation shall be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and in compliance with applicable law. The investigation will be prompt, thorough, and impartial, and will include, at least, a private interview with the person filing the complaint and with witnesses. Also, the alleged harasser will be interviewed. When the investigation is completed, the complaint recipient will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

The investigator shall give the parties equal opportunity to present fact and expert witnesses and other inculpatory and exculpatory evidence; shall give each party the same opportunity to select an advisor of the party’s choice who may, but need not be, an attorney; shall send written notice of all interviews or meetings; shall send to the parties evidence directly related to the allegations with at least 10 days for the parties to inspect, review, and respond; and shall prepare and submit an investigative report that fairly summarizes the relevant evidence to the decision-maker, who shall be designated by the Title IX Coordinator (but shall not be the investigator).

The investigator shall strive to complete the investigations within thirty (30) school days of filing of the formal complaint. Although the District’s goal is to complete investigations generally within thirty (30) school days, the time may be extended for good cause upon written notice to the complainant and respondent. Additionally, the timeline for investigation may be suspended during any informal resolution procedure or meeting. Each party is entitled to be accompanied in interviews by an advisor, who  may be a parent/guardian or an attorney, but who may only have limited participation in interviews. Translators will be provided upon request.

After all interviews are conducted and evidence is obtained, the parties and if applicable, their advisors, will have an equal opportunity to inspect, review and respond to any evidence obtained. Prior to completion of the investigative report, the investigator will provide each party all evidence subject to inspection and review and provide each party at least ten (10) school days to provide a response to the investigator. Evidence to be shared may be redacted to protect confidential information under the Family and Educational Rights and Privacy Act (“FERPA”) or other federal or state laws and regulations.

DETERMINATIONS

The decision-maker shall issue a written determination regarding responsibility with findings of fact, conclusions about whether the alleged conduct occurred, the rationale for the result as to each allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be provided to the complainant.

The decision-maker assigned will have no conflicts with or biases against either the complainant or the respondent and the decision-maker will not be the Title IX Coordinator assigned in the matter or the investigator for the complaint. The decision-maker shall review all of the evidence and issue a written determination within fifteen (15) school days of receipt of the matter from the investigator, absent extenuating circumstances. If the decision-maker substantiate the allegations of sexual harassment, the decision-maker may recommend or impose discipline against the respondent. If the decision=maker does not substantiate the allegations of sexual harassment, the complaint will be dismissed.

The decision-maker shall provide the written determination to the complainant and respondent. Confidential student record information and personnel information may be redacted consistent with and as required by state and federal law.

APPEALS

Appeals must be submitted to the Title IX Coordinator within five (5) school days of receipt of the written determination and contain a written statement in support or challenge of the outcome.

When an appeal is filed, the District shall notify the other party and ensure that the individual deciding the appeal is not the same person as the decision-maker who reached the determination regarding responsibility and that the individual has no conflicts of interest and is free of bias. The non-appealing party shall have five (5) school days from the date of receipt of the notice of the appeal to submit a written statement to support or oppose the outcome.

The individual deciding the appeal shall issue a written decision describing the result of the appeal and rationale for the decision and provide the decision to both parties generally within ten (10) school days of receipt of the non-appealing patty’s written statement, or in the event no statement is submitted, the date the statement would have been due.

RECORD KEEPING REQUIREMENTS

Schools must create and maintain records documenting every Title IX sexual harassment complaint. This could include mediation, restorative justice, or other models of alternative dispute resolution. Schools must keep records regarding the school’s response to every report of sexual harassment of which it becomes aware even if no formal complaint was filed, including documentation of supportive matters offered and implemented for the complainant.

This policy, or a summary thereof that contain the essential policy elements shall be distributed by the Haverhill Public Schools to its students and employees and each parent or guardian shall sign that they have received and understand the policy.

 

 

 

The District’s Title IX Coordinators are as follows:

Maureen Irons
Title IX Coordinator
Haverhill Public Schools
4 Summer Street, Room No. 104
Haverhill, MA  01830
978-228-0432
mirons@haverhill-stage.materiell.net

Title IX Coordinator for Employees:

Sandra McArthur, Director of Human Resources
4 Summer Street, Room No. 104
Haverhill, MA  01830
978-374-3400

 

Complainants may also file a complaint with:

The Massachusetts Commission Against Discrimination
1 Ashburton Place, Room 601
Boston, MA  02108
Phone: 617-994-6000

Office for Civil Rights (U.S. Department of Education)
5 Post Office Square, 8th Floor
Boston, MA 02109
Phone: 617-289-0111

The United States Equal Employment Opportunity Commission
John F. Kennedy Bldg.
475 Government Center
Boston, MA  02203

LEGAL REF. M.G.L. 151B:3A
Title IX of the Education Amendments of 1972
DESE 603 CMR 26:00
34 CFR 106.44 (a), (a)-(b)
34 CFR 106.45 (a)-(b) (1)
34 CFR 106.45 (b)(2)-(b)(3,4,5,6,7) as revised through June 2020

NOTE: A summary of the attached Policy, as adopted, must be sent to the parents/guardians, students, employees, unions, and prospective employees of the school district including Title IX Coordinator(s), investigator(s) and the decision-maker. The above referenced employees must attend training sessions on the implementation of the Policy