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OPERATIONS COMMITTEE TO ORDER.
THIS IS A SPECIAL CALLED MEETING TO FOCUS ON A SINGLE TOPIC.
WE COULD STAND FOR THE PLEDGE, PLEASE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
UH, OUR NEXT ITEM IS APPROVAL OF THE AGENDA MOVE.
DO WE HAVE ANY PUB, ANY PUBLIC COMMENTS? NO, SIR.
THEN WE CAN GO RIGHT TO TODAY'S TOPIC, WHICH IS TO REVIEW THE REQUIRED TITLE NINE CHANGES TO ADMINISTRATIVE REGULATIONS, WHICH ARE QUITE EXTENSIVE.
TITLE NINE WAS DRAMATICALLY CHANGED IN THE PROCESS.
SO, UM, DO WE HAVE WENDY? YES.
MA'AM ALL RIGHT, WENDY, I WILL LET YOU WALK US THROUGH ALL OF THESE CHANGES.
I WANT TO THANK YOU SO MUCH TO HAVE THIS TIME WITH YOU TODAY.
AND I WANT TO GIVE YOU FIRST A AND, UH, JUST A BRIEF OVERVIEW.
SO YOU UNDERSTAND, UM, WHAT HAS HAPPENED.
AND THAT IS THE US DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS ANNOUNCED A NOTICE OF PROPOSED RULEMAKING FOR NEW AMENDMENTS, FOR THE REGULATIONS THAT IMPLEMENT TITLE NINE OF THE EDUCATION AMENDMENTS OF 1972.
AND THESE REGULATIONS, UM, ARE GOING INTO EFFECT ON AUGUST 14TH, 2020.
UM, THESE NEW RULES ARE VERY SPECIFIC IN THE, UM, CODE OF FEDERAL REGULATIONS AND THEY REQUIRE SPECIFICALLY APPOINTMENT OF A TITLE NINE COORDINATOR.
AND MS. WALTON SERVES AS A TITLE NINE COORDINATOR FOR ISSUES INVOLVING STAFF AND ADULT ADULT ISSUES IN THIS
BUT THERE ARE SPECIFIC RULES REQUIRING NOTICES THE DISSEMINATION OF THE POLICY, UM, INFORMATION AND THE CONTACT INFORMATION FOR THE TITLE NINE COORDINATOR, AS WELL AS, UH, A REQUIREMENT OF HAVING THE TRAINING OF, FOR THE DIFFERENT ROLES THAT WE'RE GOING TO REVIEW IN JUST A MINUTE.
THOSE THINGS ARE TO BE POSTED ON THE DISTRICT WEBSITE.
UM, ADDITIONALLY, THE DIS ALL THE SCHOOL DISTRICTS ARE REQUIRED TO KEEP THESE RECORDS FOR SEVEN YEARS, AND IT IS A 20, 20, 20 21 INITIATIVE OF THE OFFICE OF CIVIL RIGHTS, UM, CONDUCTING CLIENT REVIEW.
SO WE, UM, THIS ONE WE'RE WORKING VERY HARD WITH HER TEAM FOR, UM, THAT WE ARE IN COMPLIANCE WHEN AUGUST 14TH COMES AROUND.
WHAT I'M GOING TO DO TODAY IS GO OVER WITH YOU ON THESE, UM, PROCEDURES TO ADDRESS REPORTS OF SEXUAL HARASSMENT.
AND AS YOU'LL SEE, AS WE GO THROUGH THIS TOGETHER, THAT THESE REFERENCES ARE AS REQUIRED BY THE FEDERAL LAW.
UM, FIRST THING THAT I WANTED TO POINT IN IS THAT THE OFFICE OF CIVIL RIGHTS HAS VERY SPECIFIC DEFINITIONS AND SEXUAL HARASSMENT.
AS YOU'LL SEE IN NUMBER TWO, A THERE ARE THREE, UM, DIFFERENT, UM, DEFINITIONS IN HERE.
AND I DON'T WANT TO GO THROUGH AND READ EVERYTHING TO YOU.
BUT IF, YOU KNOW, AS YOU'LL SEE HERE, YOU KNOW, CONDITIONING AID OR BENEFIT ON AN INDIVIDUAL'S PARTICIPATION ON WORK OF SEXUAL CONDUCT, WHAT IS UNWELCOME CONDUCT? THIS IS VERY IMPORTANT FOR US TO, TO FOCUS ON DETERMINING BY A REASONABLE PERSON TO BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE THAT IT UNITES A PERSON EQUAL ACCESS TO THE EDUCATIONAL PROGRAM OR ACTIVITY, AND THEN SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING.
THOSE ARE DEFINED, UM, UNDER THE FEDERAL RULES AS WELL NOW IN, IN OUR CASE WHERE K-12, BUT THESE RULES HERE ALSO APPLY TO SECONDARY EDUCATIONAL
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FACILITIES AS WELL.IT DOESN'T ALWAYS HAVE TO BE IN PERSON.
IT COULD BE DONE BY USING EMAIL OR OTHER TECHNOLOGIES OR THREATENING SOMEBODY, YOU KNOW, IT BY MAIL OR OTHER COMMUNICATIONS.
UM, THEY WROTE THE RULES ARE VERY SPECIFIC AND THE DEFINITION AS YOU CAN SEE FOR CONSENT, UM, CONSENT IS AGREEING TO PARTICIPATE, BUT IT MAY NOT BE GIVEN IN SOME CIRCUMSTANCES, PARTICULARLY IF SOMEBODY IS INCAPACITATED, FOR COURSE, FOR THEIR AGE AND EDUCATION PROGRAM ACTIVITY, IT INCLUDES ANY LOCATION EVENTS OR CIRCUMSTANCES OVER WHICH THE DISTRICT HAS CONTROL.
SO ON OUR CAMPUS, AS WELL AS SPORTS EVENTS AND THOSE TYPES OF THINGS YOU'LL SEE.
AND THE DOCUMENTS THAT WE SENT TO YOU, THERE IS A FORMAL COMPLAINT PROCEDURE, AND WE HAVE THAT FORMAL COMPLAINT ATTACHED, UM, AT THE END AS A DOCUMENT THAT IS FILLED OUT BY THE PERSON THAT, UM, IS ALLEGING THAT THEY HAVE BEEN SEXUALLY HARASSED.
SO IT NEEDS TO BE GIVEN IN WRITING.
AND, UM, THE TITLE COORDINATOR REVIEWS THAT AND LOOKS AT THOSE FACTORS, WHICH ARE LISTED AND, AND ITEMS ONE THROUGH SEVEN.
UM, AND THAT COMPLAINT FORM THAT YOU SEE THERE, IT SAYS ON THERE THAT THEY REQUEST IT'S ALSO FOR HARASSMENT OR BEING RETALIATED AGAINST, AND IT REQUESTS, UM, AND IT REQUESTS A FORMAL COMPLAINT TO BE INVESTIGATED.
AND IT, IT LISTS ALL YOUR, THEY GIVE ALL THE INFORMATION, THEY GIVE ALL THE FACTS AND, UM, THE TITLE IX COORDINATORS, AS I SAID OF INFORMATION AND HOW TO CONTACT VIA PHONE, EMAIL, FAX, EVEN CELL PHONE, THAT'S ALL TO BE POSTED ON OUR WEBSITE.
THE COMPLAINANT IS THE PERSON WHO IS ALLEGED TO BE THE VICTIM AND A PARENT OR A GUARDIAN WHO HAS A LEGAL AUTHORITY TO BE ACT TO ACT ON BEHALF OF THEIR CHILD CAN BE A COMPLAINANT AND CAN FILE COMPLAINTS.
ON BEHALF OF THE RESPONDENT IS THE PERSON WHO'S BEEN REPORTED.
THE ALLEGATIONS THAT WERE REPORTED CONCERNING THAT INDIVIDUAL STAYS MEANS WHEN THE BCS DESK IS OPEN, UM, ACTUAL KNOWLEDGE.
THAT MEANS THAT WE'VE BEEN GIVEN NOTICE, UM, OF SEXUAL HARASSMENT OR ALLEGATIONS THEY HAVE BEEN GIVEN TO THE COORDINATOR OR ANY, UH, BCSD EMPLOYEE CAN HAVE NOTICE TOO.
AND WE'RE GOING TO BE BY OBSER OBSERVING THINGS.
SO WE'RE GOING TO BE TRAINING THAT ONLY THE INDIVIDUALS WHO SERVE IN THESE ROLES, IN THE COMPLAINT PROCESS, BUT ALL OF THE STAFF ARE GOING TO BE, ARE GOING TO BE TRAINED EVERY MONTH.
THE BURDEN OF PROOF IS THE CONFERENCE OF THE EVIDENCE STANDARD.
UM, MS. WALTON, UM, AS OUR TITLE IX COORDINATOR, UM, INFORMATION IS, IS ALL.
COULD YOU TALK, COULD YOU TALK INTO THE MIC, MR. DOLAN CAN HEAR YOU.
LET ME, UM, THE MICROPHONE, IS IT RIGHT ON THE TAB RIGHT THERE? I'M GOING TO, IF I TIP THIS, CAN YOU HEAR ME BETTER? IF I TIP IT? I CAN HEAR YOU FINE.
EXCEPT WHEN YOU TURN YOUR HEAD.
I CA I HAVE TO, UM, I'LL PUT MY, PUT MY PAPERS IN FRONT OF ME.
THAT'LL MAKE IT BETTER FOR YOU ALL.
SO THERE IS THE NOTICE INFORMATION, AND LIKE I SAID, ALL OF THIS INFORMATION IS GOING TO BE POSTED ON OUR WEBSITE AND WITH REGARD TO THE TRAINING AND JUST WANT, YOU MAY WANT TO, UM, YOU KNOW, CHIME IN AT ANY TIME YOU WANT TO, BUT, UM, WE ARE, WE ARE MAKING ARRANGEMENTS NOW, AND THIS WILDE'S ALREADY ASSEMBLING HER TEAM, UM, TO PROVIDE, WE HAVE TO PROVIDE TRAINING.
THIS IS MANDATED TO TITLE NINE COORDINATORS.
INVESTIGATORS DECISION-MAKERS ANY, ANY EMPLOYEE WHO WOULD BE WORKING ON AN INFORMAL RESOLUTION AND I'LL, I'LL GO OVER INFORMAL RESOLUTION LATER.
UM, THEY ALL HAVE TO RECEIVE TRAINING ON THE DEFINITION OF SEXUAL HARASSMENT, THE SCOPE OF OUR PRO EDUCATIONAL PROGRAMS, ACTIVITIES, HOW TO CONDUCT INVESTIGATION, GRIEVANCE, PROCESS APPEAL, HOW TO SERVE.
AND PARTIALLY THIS IS VERY IMPORTANT IMPARTIALLY, AND TO AVOID ANY PREJUDGMENT OF ANY FACTS AT ISSUE CONFLICTS OF INTEREST AND TO AVOID BIAS.
AND THEY WILL ALSO RECEIVE TRAINING THE DECISION-MAKERS WHO ARE GOING TO BE DECIDING WHETHER, YOU KNOW, WHAT OCCURRED.
WHAT'S WHAT THE OUTCOME IS, RELEVANCE OF QUESTIONS AND EVIDENCE AS WELL.
THE INVESTIGATORS, THEY HAVE TO BE
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TRAINED ON ISSUES OF RELEVANCE, AND THEY HAVE TO BE TRAINED ON HOW TO CREATE A PROPER INVESTIGATIVE REPORT AND HOW THEY SUMMARIZE THE EVIDENCE AND ALL OF THESE TRAINING MATERIALS.SO EVERYTHING TITLE IX, COORDINATOR, INVESTIGATORS DECISION-MAKERS AND ANY, UM, INDIVIDUALS INVOLVED IN FORMAL RESOLUTION, ALL OF THAT TRAINING IS TO BE MADE AVAILABLE, UM, THE BC STS WEBSITE, AND AS WELL AS, YOU KNOW, ALL OF OUR STAFF MEMBERS WILL BE TRAINED.
SO AS PART OF COMPLIANCE REVIEWS, THE OFFICE OF CIVIL RIGHTS WILL BE CHECKING, UM, THE, YOU KNOW, CHECKING THE WEBSITES TO MAKE SURE THAT THESE, UM, TRAINING IS PROPERLY DOCUMENTED.
AND THEN THE CODE OF FEDERAL REGULATIONS IS VERY SPECIFIC ABOUT HOW, UH, AN INDIVIDUAL CAN REPORT SEXUAL HARASSMENT.
AND IT CAN, LIKE I SAID EARLIER, IT CAN BE DONE BY PHONE BY EMAIL.
UM, AND IT CAN BE MADE ANY TIME.
I MEAN, IT CAN BE MADE EVEN WHEN WE'RE NOT AT WORK AND BY CONTACTING MS. WALTON AND BY HER TELEPHONE OR EMAIL ADDRESS.
AND SHE, UM, HAS GIVEN ALL THAT INFORMATION, EVEN HER MOBILE PHONE.
SO SHE TAKES THIS MATTER VERY SERIOUSLY HERE.
NOW, THIS IS SOMETHING NEW ABOUT SUPPORTIVE MEASURES THAT I WANTED TO TELL YOU ALL ABOUT.
UM, THE TITLE IX COORDINATOR WAS PROMPTLY CONTACT THE COMPLAINANT AND DISCUSS AVAILABILITY OF SUPPORTIVE MEASURES, UH, CONSIDERING WHAT TALKING WITH THE COMPLAINANT ABOUT HE OR SHE WISHES TO DO, UM, AND LET THEM KNOW WHAT SERVICES MEASURES ARE AVAILABLE WITH OR WITHOUT THE FILING OF A FORMAL COMPLAINT.
AND THEN SHE WILL EXPLAIN THE PROCESS FOR FILING A FORMAL COMPLAINT, BUT THESE SUPPORTIVE MEASURES, UM, THEY'RE, NON-DISCIPLINARY, THEY'RE, NON-PUNITIVE THEY'RE SERVICES GIVEN TO THE PERSON AS WELL, NOT ONLY THE COMPLAINANT, BUT ALSO TO A RESPONDENT, UM, AND CONFIDENTIALITY IS MAINTAINED, UM, TO THE BEST, TO AS MUCH AS CAN BE DONE.
AND SO YOU'LL SEE HERE, EXAMPLES ARE, THIS IS OUTLINED IN THE CODE OF FEDERAL REGULATIONS.
EXAMPLES ARE COUNSELING SCHEDULING CHANGES THAT ARE FIGHTING A WORK SCHEDULE, UM, RESTRICTIONS ON CONTACT BETWEEN THE PARTIES, UM, INCREASING MONITORING OR SUPERVISION.
AND THE TITLE IX COORDINATOR HAS TO PROPERLY RESPOND TO OFFER THIS WHETHER A FORMAL COMPLAINT IS FILED OR NOT, BUT IT'S UP TO THE COMPLAINANT AND THE RESPONDENT, WHETHER THEY WANT TO RECEIVE THOSE SERVICES.
THEY'RE NOT MANDATED TO RECEIVE THOSE SERVICES, BUT IT IS, I SHOULD SAY, MEASURES IS THE CORRECT LEGAL WORD, BUT TO HELP THEM, UM, IF THEY WISH, IF THEY WISH TO RECEIVE THE SUPPORTIVE MEASURES.
AND THEN, UM, IN RESPONSE TO A FORMAL COMPLAINT, UM, IT IS MANDATED THAT ALL PARTIES ARE TREATED EQUITABLY, THAT THERE'S AN OBJECTIVE EVALUATION OF ALL THAT, UH, TORI AND EXCULPATORY EVERYTHING HAS TO BE LOOKED AT IN THESE CASES.
UM, AND IN OUR CASE, UM, WE, MS. WALT WILL BE WORKING WITH THE STAFF FOR, UM, DETERMINING WHO'S GOING TO BE LOOKING AT THIS, AND WHO'S GOING TO BE MAKING SURE THAT THERE'S NO CONFLICTS OF INTERESTS AND THAT EVERYBODY THAT'S INVOLVED IN THIS PROCESS IS TRAINED AND HAS CLEAR UNDERSTANDING OF THE ROLES OR RESPONSIBILITIES AND THE DUTIES THAT MUST BE COMPLIED WITH.
AND WE, AND YOU ALL HAVE HEARD THAT ABOUT YOU YOU'RE INNOCENT UNTIL PROVEN GUILTY AND INCLUDES A PRESUMPTION.
RESPONDENT IS NOT RESPONSIBLE UNTIL A DETERMINATION HAS BEEN MADE AT THE CONCLUSION OF THE GRIEVANCE PROCESS.
THERE HAVE TO BE A PROMPT TIMEFRAMES FOR THE GRIEVANCE PROCESS, AND THERE HAS TO BE A LIST OF POSSIBLE OUTCOMES AND REMEDIES.
UM, THERE'S, BRAGG'S ADMINISTRATIVE REGS ON STAFF CONDUCT AND THERE'S ADMINISTRATIVE REGS ON STAFF AND STUDENTS ABOUT BOUNDARIES AND ALL PROCEDURES FOR PO BY RESPONDENT OR COMPLAINANT THAT ALL HAS TO BE EXPLAINED TO BOTH PARTIES.
I'M ALREADY SAID ABOUT SUPPORTIVE MEASUREMENTS, UH, LET THEM, UM, YOU DON'T USE EVIDENCE OR QUESTIONS THAT CONSTITUTE LEGALLY PRIVILEGED INFORMATION UNLESS THE PRIVILEGE IS WAIVED.
THERE HAS TO BE WRITTEN NOTICE TO ALL THE PARTIES, UM, AND THERE HAS TO BE TIME FOR THE RESPONDENT TO PREPARE A RESPONSE BEFORE INITIAL.
AND THIS IS ALL PART OF OUR CONSTITUTIONAL RIGHTS, YOU KNOW, FOR DUE PROCESS NOTICE AND AN OPPORTUNITY TO BE HEARD.
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THERE'S VERY SPECIFIC LIST OF WHAT HAS TO BE INCLUDED IN THE, UM, NOTICE, YOU KNOW, THE NOTICE OF THE PROCESS, THE INFORMAL RESOLUTION, WHICH I'LL GET INTO THIS LATER, BUT THERE'S NOT INFORMAL RESOLUTION.IF THERE IS AN ALLEGATION OF SEXUAL HARASSMENT BY A STAFF MEMBER AGAINST A STUDENT THAT IS NOT PERMITTED, BUT WE'LL TALK MORE ABOUT THAT IN A LITTLE BIT.
UM, THE THERE'S A STATEMENT THAT RESPONDENT IS PURSUED THAT RESPONSIBLE RESPONSE WILL BE DETERMINED AT THE CONCLUSION OF THE GRIEVANCE PROCESS.
AND THERE'S NOTICE THAT THEY HAVE RIGHT TO AN ADVISOR.
IF THEY WANT TO HAVE AN ATTORNEY, THEY HAVE A RIGHT TO AN ATTORNEY, THEY HAVE A RIGHT TO INSPECT AND REVIEW EVIDENCE.
AND, UM, ALSO INFORMING THEM THAT YOU CANNOT MAKE A FALSE STATEMENT, YOU KNOW, OR PROVIDE FALSE INFORMATION.
AND THE GRIEVANCE PROCESS THAT YOU'RE HELD TO THAT DUTY OF BEING HONEST, AND YOU HAVE TO ACT IN GOOD FAITH.
SO, UM, THERE WILL BE, EXCUSE ME, THE CODE OF REGULATION CODE OF FEDERAL REGULATIONS IS REAL SPECIFIC, UM, WITH RESPECT TO DISMISSAL OF COMPLAINTS.
AND THAT CODE SECTION PROVIDES THAT THE COMPLAINT MUST BE DISMISSED IF THE ALLEGATIONS WOULD NOT CONSTITUTE SEXUAL HARASSMENT DID NOT OCCUR IN EDUCATION PRODUCTIVITY AND DID NOT OCCUR AGAINST A PERSON.
IT CAN BE DISMISSED IF THE COMPLAINANT NOTIFIES THE TITLE IX COORDINATOR IN WRITING THAT HE OR SHE WISHES TO WITHDRAW THE COMPLAINT, UM, IF THE RESPONDENT EMPLOYMENT ENDS OR IF THERE'S SPECIFIC CIRCUMSTANCES THAT MAKE IT SO THAT THERE'S NOT, THERE'S NOT ABLE TO GATHER ENOUGH EVIDENCE IN ORDER TO REACH A CONCLUSION.
AND THEN AGAIN, IF THERE IS A DISMISSAL, UM, THEN THAT NOTICE HAS TO BE GIVEN IN WRITING TO THE, UM, TO BOTH PARTIES, TO THE COMPLAINANT AND TO THE RESPONDENT.
SO, UM, THE INVESTIGATION PROCESS, THIS IS, UM, THE, UM, OFFICE OF CIVIL RIGHTS HAS MADE THIS VERY DETAILED AND THE REQUIREMENTS OF WHAT AN INVESTIGATOR MUST DO, BECAUSE THERE HAS TO BE FAIRNESS AND THERE HAS TO BE A GATHERING, UM, OF ALL OF THE EVIDENCE HERE.
AND AS YOU SEE, IT'S, IT, IT HAS TO BE EQUAL OPPORTUNITY FOR BOTH PARTIES TO PRESENT, UM, THEIR WITNESSES, THE EVIDENCE AND THE PARTIES HAVE HAD THE SAME OPPORTUNITIES TO HAVE OTHERS PRESENT DURING INTERVIEWS.
UM, THEY CAN HAVE AN ATTORNEY WITH THEM.
UM, THEY HAVE TO, UH, PROVIDE WRITTEN NOTICE OF A DATE, TIME, PURPOSE, AND LOCATION OF THE INTERVIEW.
AND THEY HAVE TO ALLOW ENOUGH TIME FOR THE PARTIES TO PREPARE, UM, THEY PROVIDE THE PARTIES AND THEIR ADVISORS.
IF THEY DO HAVE AN ADVISOR, THEY EACH HAVE AN EQUAL OPPORTUNITY TO REVIEW ALL OF THE EVIDENCE THAT'S RELATED TO THE ALLEGATIONS IN THE COMPLAINT, INCLUDING EVIDENCE ON WHICH THE DISTRICT DOES NOT TEND TO RELY ON ANY INCULPATORY, EXCULPATORY EVIDENCE FROM ANY SOURCE AND ALL THAT INFORMATION AND THAT EVIDENCE IN THOSE DOCUMENTS OR THE PHONE RECORDS OR WHATEVER THE EVIDENCE IS THAT THE PARTIES HAVE, OR EMAILS OR PICTURES OR WHATEVER, UM, VIDEOS OF THEY'RE AVAILABLE IN ORDER TO GIVE THE PARTIES.
THEY HAVE TO HAVE AT LEAST 10 DAYS TO BE ALLOWED TO PREPARE A WRITTEN RESPONSE.
AND THAT INVESTIGATOR HAS TO PROVIDE, UM, A WRITTEN INVESTIGATION REPORT THAT SUMMARIZES THE EVIDENCE AND PROVIDE THAT REPORT TO BOTH PARTIES, THEIR ADVISORS, AT LEAST 10 DAYS BEFORE THE DECISION MAKER MAKES IT A TERMINATION RESPONSIBILITY.
AND THE DECISION MAKER IS, UH, YOU KNOW, A SEPARATE PERSON.
THAT'S NOT THE TITLE IX COORDINATOR.
UM, THE DECISION MAKER WILL, WILL RECEIVE ALL THAT INFORMATION.
AND THE DECISION MAKER PROVIDES EACH PARTY 10 DAYS TO RESPOND TO THE INVESTIGATIVE REPORT AND THE OPPORTUNITY TO SUBMIT WRITTEN RELEVANT QUESTIONS THAT THE PARTY WANTS ASKED OF ANOTHER PART OF YOUR WITNESS, UM, PROVIDE EACH PARTY WITH ANSWERS TO QUESTIONS, PROVIDE FOR FOLLOW-UP QUESTIONS.
AND, UM, IF YOU SEE, AS I JUST STATED, DECISION-MAKER CANNOT BE THE INVESTIGATOR OR THE TITLE IX COORDINATOR, AND THEY APPLY PREPONDERANCE
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OF THE EVIDENCE STANDARD AND THEY ISSUE A WRITTEN DETERMINATION.AND AS YOU CAN SEE, THE OFFICER'S CIVIL RIGHTS HAS MADE THIS VERY EXACT OF WHAT HAS TO BE INCLUDED IN THIS WRITTEN DETERMINATION.
AND THESE ITEMS ONE THROUGH SEVEN, THIS IS VERY, VERY DETAILED.
YOU HAVE TO HAVE IDENTIFY THE ALLEGATIONS, THE PROCEDURAL STEPS TAKEN FINDINGS OF FACT CONCLUSIONS STATEMENT AND RATIONALE, AND THE RESPONSE TO EACH ALLEGATION, DETERMINATION, RESPONSIBILITY, ANY DISCIPLINARY SANCTIONS, WHETHER REMEDIES TO RESTORE OR PRESERVE EQUAL ACCESS TO THE EDUCATIONAL PROGRAM ACTIVITY WILL BE PROVIDED TO THE COMPLAINANT ENSURE PROCEDURES AND PERMISSIBLE BASIS FOR THEM TO APPEAL.
THE WRITTEN DETERMINATION MUST BE PROVIDED TO BOTH PARTIES SIMULTANEOUSLY AND ALSO EXPLAINING TO THE OTHER PARTY PROPOSING QUESTIONS.
ANY DECISION TO EXCLUDE A QUESTION IS NOT RELEVANT.
SO IT'S JUST VERY DETAILED ABOUT GIVING EVERYBODY DUE PROCESS AND AN OPPORTUNITY TO BE HEARD.
AND THEN AFTER YOU GO THROUGH ALL OF THAT PROCESS, AFTER ALL OF THIS, THEN THERE IS AN APPEALS PROCESS.
AND THE CODE OF FEDERAL REGULATIONS IS REALLY SPECIFIC.
UM, WITHIN 10 DAYS OF RECEIVING THAT WRITTEN DETERMINATION FROM THE DECISION MAKER, THEN THE COMPLAINANT OR THE RESPONDENT CAN APPEAL THAT DETERMINATION RESPONSIBILITY AND OR THE DISMISSAL OR ANY ALLEGATIONS FOR THE FOLLOWING REASONS.
AND THIS IS, UM, FERRY AGAIN IS, IS VERY DETAILED ORIENTED.
WHERE WE'RE GOING TO COMMITTEE MEETING.
I'LL CALL YOU WHEN WE'RE DONE.
SO LET ME GET BACK TO, SO UNDER THE APPEALS PROCESS, EITHER THE COMPLAINANT OR THE RESPONDENT, THEY HAVE A RIGHT TO APPEAL WITHIN 10 DAYS AFTER THEY GET THE DETERMINATION.
AND YOU'LL SEE HERE THAT THE CODE IS SO DETAILED AGAIN, YOU KNOW, IS THERE A PROCEDURAL ERROR, NEW EVIDENCE THAT WASN'T AVAILABLE AT THE TIME OF DETERMINATION COULD AFFECT THE OUTCOME, OR IF THEY'VE SOMEBODY, UH, DETERMINED THERE'S SOME CONFLICT OF INTEREST, WHICH WE SHOULD HOPEFULLY BE ABLE TO AVOID AS PART OF OUR TRAINING THAT IF THERE EVER WAS A CONFLICT, ANY OF THESE INDIVIDUALS LISTED WOULD OF COURSE RECUSE THEMSELVES FROM THE MATTER, UM, WHEN THERE'S APPEAL.
THIS IS AGAIN, GIVEN DUE PROCESS, THE DISTRICT HAS TO PROVIDE WRITTEN, NOTICE THAT BOTH PARTIES OF THE APPEAL AND PROVIDE BOTH PARTIES EQUAL OPPORTUNITY TO SUBMIT A WRITTEN STATEMENT AND SUPPORTIVE OR CHALLENGING THE DETERMINATION AND THE PARTIES HAVE FIVE DAYS TO PREPARE THE WRITTEN RESPONSES.
AND THE APPEAL MUST RESULT IN A WRITTEN DECISION THAT MUST BE PROVIDED TO BOTH PARTIES SIMULTANEOUSLY.
AND AGAIN, THE DECISION MAKER FOR THE APPEAL CAN NOT BE THE SAME PERSON AS DECISION MAKER THAT REACHED ORIGINAL DETERMINATION CANNOT BE AN INVESTIGATOR OR THE TITLE IX COORDINATOR.
THEY CANNOT HAVE A CONFLICT OF INTEREST AND THEY MUST RECEIVE THE TRAINING TO BE, TO SERVE IN THIS CAPACITY, AN INFORMAL RESOLUTION.
AGAIN, THIS IS, THIS IS REALLY SPECIFIC IN THE CODE OF FEDERAL REGULATIONS.
UM, THIS, UH, CAN BE OFFERED AFTER A FORMAL COMPLAINT OF SEXUAL HARASSMENT HAS BEEN FILED, UNLESS THERE'S A COMPLAINT THAN AN EMPLOYEE, AS HARASSED AS TO THERE IS NO INFORMAL RESOLUTION IN THOSE CASES, BUT DURING THE FORMAL COMPLAINT PROCESS, THE DISTRICT CAN OFFER TO FACILITATE AN INFORMAL RESOLUTION, UM, THAT DOESN'T REQUIRE FULL INVESTIGATION, PROVIDED BOTH PARTIES ARE GIVEN THEIR NOTICE OF RIGHTS AND THEY WANT TO DO THAT.
UH, BUT IF THEY ARE INVOLVED IN THE INFORMAL RESOLUTION PROCESS AND THEY DECIDE THAT THEY'RE UNCOMFORTABLE WITH IT AND THEY DON'T WANT TO CONTINUE, THEN THEY HAVE THE RIGHT TO WITHDRAW FROM THAT INFORMAL RESOLUTION PROCESS.
AND THEY CAN RESUME, RESUME THE GRIEVANCE PROCESS WITH THE DISTRICT, UM, EMERGENCY REMOVAL OR ADMINISTRATIVE LEAVE THAT, UH, IN THAT INSTANCE, THE DISTRICT MAY PLACE AN EMPLOYEE ON ADMINISTRATIVE LEAVE DURING THE PENDENCY OF AN INVESTIGATION AND THE GRIEVANCE PROCESS.
UM, IF THE STUDENT IS A RESPONDENT, UM, THE RESPONDENT CAN BE, THE STUDENT COULD BE, UM,
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MAY REMOVE ONLY ON AN EMERGENCY BASIS, PROVIDED ONE THAT THE DISTRICT FIRST HAS TO UNDERTAKE AN INDIVIDUALIZED SAFETY AND RISK ANALYSIS AND DETERMINED.THERE'S AN IMMEDIATE THREAT TO THE PHYSICAL HEALTH OR SAFETY OF ANY STUDENT OR OTHER INDIVIDUAL AS A RESULT OF THESE ALLEGATIONS.
UM, THE RESPONDENT HAS SORT OF NOTICED TO CHANGE THE DECISION IMMEDIATELY FOLLOWING THE REMOVAL.
AND IT DOES NOT MODIFY RIGHTS UNDER THE INDIVIDUAL DISABILITIES EDUCATION ACT, UM, OR THE AMERICAN WITH DISABILITIES ACT.
AND THE OFFICE OF CIVIL RIGHTS IS ALSO REQUIRING THAT ALL SCHOOL DISTRICTS MUST MAINTAIN RECORDS FOR SEVEN YEARS.
THOSE RECORDS HAVE TO BE KEPT FOR EACH INVESTIGATION AND DETERMINATION, ANY DISCIPLINARY SANCTIONS IMPOSED, ANY REMEDIES PROVIDED ANY APPEAL AND THE RESULT, ANY INFORMAL RESOLUTION AND ANY MATERIALS USED TO TRAIN THE COORDINATORS, THE INVESTIGATORS DECISION MAKERS, AND ANY PERSON WHO FACILITATES AN INFORMAL RESOLUTION, WE HAVE TO CREATE AND MAINTAIN RECORDS TO ANY ACTION OR SUPPORTIVE MEASURES THAT HAVE BEEN PROVIDED IN RESPONSE TO, TO THE COMPLAINT OF SEXUAL HARASSMENT.
AND OUR RECORDS HAVE TO DOCUMENT THE BASIS FOR THE DISTRICT'S CONCLUSIONS THAT ITS RESPONSE WAS NOT DELIBERATELY INDIFFERENT.
THE DISTRICT MUST DOCUMENT, IT'S TAKEN ALL MEASURES TO RESTORE AND PRESERVE EQUAL ACCESS TO THE DISTRICTS, EDUCATIONAL PROGRAMS AND ACTIVITIES.
AND AS SUPPORTIVE MEASURES HAVE NOT BEEN PROVIDED, THEN THE DISTRICT HAS TO STATE BY SUCH RESPONSE WAS NOT CLEARLY UNREASONABLE.
AND AS I SAID EARLIER, THE OCR WILL BE, UM, DOING THESE COMPLIANCE REVIEWS AND NOT ONLY LOOKING AT THE WEBSITES TO MAKE SURE THAT THEY'RE PROPERLY POSTED, BUT THEY, UM, AND PART OF THEIR COMPLIANCE REVIEWS WILL BE REVIEWING RECORDS AT DISTRICTS THROUGHOUT OUR COUNTRY.
UM, RETALIATION, NEITHER THE DISTRICT OR ANY OTHER PERSON.
THERE COULD BE NO INTIMIDATION, THREATENING COERCION.
YOU CANNOT DISCRIMINATE AGAINST ANYONE OR INTERFERE WITH ANY OF THE RIGHTS UNDER TITLE NINE.
THE COMPLAINANT HAS A RIGHT TO MAKE A REPORT AND TO PARTICIPATE IN THE PROCEEDINGS UNDER THE POLICY, AND ALSO, UM, THE DISTRICT.
SO KEEP CONFIDENTIAL THE IDENTITY OF ANY INDIVIDUAL WHO MADE A REPORT OR COMPLAINT OF SEXUAL DISCRIMINATION OR HARASSMENT.
THE COMPLAINANT, THE INDIVIDUAL PORTER IS A PERPETRATOR RESPONDENT, EXCEPT AS PERMITTED UNDER FIRPA OR THEY'RE REQUIRED, OR IS REQUIRED TO CARRY OUT THE PURPOSE OF THIS POLICY.
AND, UM, CHARGING SOMEONE WITH MAKING A MATERIALLY FALSE STATEMENT IN BAD.
FAITH DOES NOT AMOUNT TO RETALIATION PROVIDED THAT A TERMINATION REGARDING RESPONSIBILITY ALONE IS NOT SUFFICIENT TO CONCLUDE THAT ANY PARTY MADE A MATERIALLY FALSE STATEMENT AND BAD FAITH.
AND THEN THE CODE OF FEDERAL REGULATIONS IS VERY SPECIFIC ON THIS TIMELINE FOR PROCESS.
AND THIS GRIEVANCE PROCESS US BE COMPLETED WITHIN 120 DAYS.
UM, TEMPORARY DELAYS OR EXTENSIONS CAN OCCUR FOR GOOD.
CAUSE I MEAN, SAY FOR EXAMPLE, IF WE HAD A HURRICANE OR SOME ADVERSE EVENT THAT OCCURRED THAT WE WERE NOT ABLE TO WORK ON THE, ON THE PARTICULAR CASE, BUT IF THERE IS A REASON, UM, OR LIKE OUR PANDEMIC NOW, UM, WRITTEN NOTICE WILL BE PROVIDED TO THE PARTIES REGARDING THE DELAY IN EXTENSION AND EXPLANATION.
AND THIS SAYS, YOU KNOW, AN ABSENCE OF A PARTY PARTIES, ADVISOR, WITNESS LAW ENFORCEMENT LANGUAGE ASSISTANT, OR ACCOMMODATION OF DISABILITIES, BUT ALSO, YOU KNOW, IF THERE'S SOME ADVERSE EVENT AND, UM, MS. WALDEN, I, I WAS, I WAS THINKING MS. WALTON, THAT MIGHT BE HELPFUL FOR THE COMMITTEE, UM, FOR US TO TALK TO THEM.
LET ME INTERRUPT YOU FOR A SECOND.
I'M MR. MR. DALEY HAS THIS FAM OH, I'M SORRY.
I THOUGHT WE WERE NEARING THE END.
AND SO I WAS JUST TRYING TO GET IN LINE AND THE QUEUE FOR QUESTIONS.
I DON'T WANT TO INTERRUPT YOUR PRESENTATION.
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UM, GOING TO BE, UH, WORKING WITH THIS, UH, INSTITUTIONAL COMPLIANCE SOLUTIONS WHO WILL BE HELPING US, UM, WITH THE DEVELOPMENT OF THE, UH, SOME OF THE TRAINING AND, UH, MS. WALTON HAS BEEN WORKING VERY HARD WITH HER TEAM TO IDENTIFY, UM, INDIVIDUALS TO BE ABLE TO SERVE IN THESE CAPACITIES, BECAUSE THIS IS, UM, WHEN THERE IS A FORMAL COMPLAINT FILED, THERE'S GOING TO BE A LOT OF WORK THAT NEEDS TO BE DONE, AND WE HAVE TO COMPLY WITH THESE FEDERAL REGULATIONS AND WE HAVE TO FOLLOW ALL THESE SPECIFIC PROCESSES THAT ARE REQUIRED, UM, UNDER THIS FEDERAL LAW.SO, YOU KNOW, IS THIS, UH, THIS OCCURRED LIKE DURING THE MIDDLE OF A PANDEMIC, SO WE STILL HAVE TO GO FORWARD AND PROCEED WITH OUR TRAINING.
AND, UM, YOU KNOW, MS. WALTON, I KNOW YOU'VE BEEN WORKING REALLY DILIGENTLY ON THIS, AND I DON'T KNOW IF YOU WANTED TO ADD SOMETHING BEFORE MR. DOWLING ASKED THIS QUESTION, ALICE YOU'RE MADE IT.
UH, WHEN THE, I DON'T NEED TO REALLY ADD ANYTHING TO THE POLICY BECAUSE IT REALLY COVERS THE LEGAL REQUIREMENTS AND WHAT WE HAVE TO DO.
UM, IF THE COMMITTEE HAS QUESTIONS TO ASK ABOUT ANY LEGALITIES, I'LL LET THEM DO THAT.
AND THEN AFTER THAT, I'LL TALK ABOUT THE PROCESSES THAT WE'RE GOING THROUGH NOW TO GET TO THE POINT WHERE WE NEED TO BE IN FULL COMPLIANCE.
OKAY, JOHN, THAT'S YOUR OPENING.
UM, CAN WE GO BACK TO SECTION THREE? YOU MEAN ARTICLE THREE, UH, SECTION THREE ROMAN ROAD, THE TITLE COORDINATOR.
UM, OKAY, GREAT SCROLL JUST A LITTLE BIT.
UM, I GUESS I'M,
SO I'LL JUST ASK YOU GENERALLY DON'T LET THE LANGUAGE I CAN CRUNCH LIFT FROM THE REGULAR THAT CORRECT.
UM, I DON'T THINK THEY HEARD YOU, COULD YOU REPEAT YOUR QUESTION OVER YOU WHEN YOU WENT IN AND OUT THE LANGUAGE IN THIS DOCUMENT IS PRETTY MUCH LIFTED FROM THE REGULAR, THE LITERATURE AND THE REGULATION, IS THAT CORRECT? WELL, YES, SIR.
I MEAN, IT'S OVER 2000 PAGES OF REGULATIONS.
UM, UM, THERE'S THIS BLIND THAT SAYS THE INVESTIGATOR MAY TAKE INTO CONSIDERATION WHETHER OR NOT THIS IS THE FIRST COMPLAINT RECEIVED AGAINST AN INDIVIDUAL, CORRECT.
UH, THERE IT IS RIGHT HERE IN D INDEED.
NUMBER ONE, WHETHER THERE HAVE BEEN REPORTS, OTHER REPORTS OF SEXUAL HARASSMENT OR OTHER RELEVANT MISCONDUCT CONCERNING THE SAME RESPONDENT.
IS THAT PART OF THE REGULATION OR IS THAT BUFORD COUNTY SCHOOL DISTRICT LANGUAGE? OH, NO.
THAT THIS NO, ALMOST OR DIALING THIS, THIS LANGUAGE IS FROM THE CODE OF FEDERAL REGULATIONS.
UH, ANY OTHER QUESTIONS? YOU GUYS, I HAVE A QUESTION, WENDY, ON THE, UM, ON THE RECORD KEEPING REQUIREMENT, WHICH IS, I GUESS ROMAN NUMERAL 16, UM, WHO HAS ACCESS TO THOSE RECORDS? NO, BECAUSE IT DOES, I CAN'T TELL FROM THE, FROM THE SECTION WHO WOULD ACTUALLY HAVE ACCESS TO THOSE RECORDS, THE RECORDS ARE GOING TO BE KEPT AND THE, UM, DEPARTMENT OF HUMAN RESOURCES.
AND SO, UM, THERE'S THAT OTHER PROVISION ABOUT MAINTAINING CONFIDENTIALITY TOO, THAT INFORMATION IS GOING TO BE KEPT IN THE OFFICE OF HUMAN RESOURCES.
WE HAVE TO SHOW IT TO THE OFFICE OF CIVIL RIGHTS.
OF COURSE, WHEN THEY COME FOR THEIR REVIEW, LIKE, OKAY.
THOSE RECORDS ARE CONFIDENTIAL.
I DON'T SEE ANY OTHER HANDS UP.
[00:35:01]
SO ALEX, WE'LL GIVE YOU AN OVERVIEW NOW.I HAD TO STEP AWAY DURING YOUR PRESENTATION, BUT IN THE SECTION WHERE IT HAS, UH, MS. WALTON'S ADDRESS AND PHONE NUMBER AND CONTACT INFORMATION THREE, AND YOU MAY HAVE ALREADY COVERED THIS.
THERE, UM, UH, ROMAN NUMERAL THREE, THEN REGULAR NUMBER THREE, SEXUAL HARASSMENT INVOLVING EMPLOYEES AND THIRD PARTIES.
WHAT'S THE, IS, IS A BOARD MEMBER.
THIRD-PARTY, UH, YOU KNOW, UH, I, UH, BOARD ANY INDIVIDUAL COULD, I GUESS, COULD BE A THIRD PARTY, BUT I NEED TO, I CAN LOOK AT THAT A LITTLE BIT MORE TO BE SURE, YOU KNOW, IT SAYS THIRD PARTIES, THAT'S IN THE, THAT'S IN THE CODE OF FEDERAL REGULATION.
SO I CAN LOOK BACK ON THAT SECTION AND SEE IF THEY DEFINE THIRD PARTIES.
I DON'T REMEMBER SEEING SOMETHING THAT SAID A THIRD PARTY COULD BE A BOARD MEMBER.
I DON'T REMEMBER THAT, BUT I'LL DOUBLE CHECK THAT DR.
UM, SINCE IT'S TALKING ABOUT THE DISTRICT, I JUST WONDERED WHAT THE DEFINITION OF A THIRD PARTY IS.
AND, UM, SO AT THE VERY BEGINNING OF THIS, UH, WHAT, WHAT EXACTLY IS THE DEFINITION OF, OF SEXUAL HARASSMENT? SO DO YOU SEE IN THERE SEXUAL HARASSMENT IS CONDUCT THAT ON THE BASIS OF SEX, IT SATISFIES ONE OR MORE OF THE FOLLOWING.
SO THAT DEFINITION, THIS DEFINITION IS GOT ONE, TWO AND THREE IN IT.
SO FOR EXAMPLE, SEE HOW IT SAYS AN EMPLOYEE.
WELL, THEY ACTUAL STATUTE, DR.
QUADS SAYS AN EMPLOYEE OF THE RECIPIENT CONDITIONING, THE PROVISION OF AN AID BENEFIT OR SERVICE OF THE RECIPIENT AND AN INDIVIDUAL'S PARTICIPATION, UNWELCOME SEXUAL CONDUCT.
SO THESE ONE, TWO AND THREE UNWELCOME CONDUCT DETERMINED BY REASONABLE PERSON BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE.
IN OTHER WORDS, IT'S NOT LIKE JUST MAKING A COMMENT.
I MEAN, IT HAS TO BE SEVERE PERVASIVE OR OBJECTIVELY OFFENSIVE.
SO, SO IN OTHER WORDS, I TRIED TO GIVE YOU AN EXAMPLE.
IF SOMEBODY MADE A COMMENT, I'LL JUST USE MYSELF AS EXAMPLE.
SO IF SOMEBODY SAID SOMETHING TO ME THAT I FOUND TO BE OBJECTIVELY OFFENSIVE, I CAN'T REALLY THINK OF AN EXAMPLE, BUT IF THEY SAID SOMETHING TO ME THAT WAS OBJECTIVE OFFENSIVE, AND I SAID, UM, I'M, I'M VERY OFFENDED BY YOUR COMMENTS.
DON'T, DON'T SAY THAT, YOU KNOW, STOP THIS.
AND THE OTHER INDIVIDUAL KEPT ON AND KEPT ON IT'S.
UM, IT'S BEHAVIOR THAT SEVERE AND PERVASIVE, AND THEN SEXUAL ASSAULT, UM, SEXUAL ASSAULT MEANS I DIDN'T WANT TO GO ON AND ON AND HERE, BUT IT MEANS ANY, AN OFFENSE CLASSIFIED AS FORCEFUL, NON FORCEFUL SEX OFFENSE UNDER THE UNIFORM PRIMARY POINT IN THE FBI.
I MEAN, THAT'S SEXUAL ASSAULT, DATING VIOLENCE.
I MEAN, THAT IS, THAT IS WITH DATING VIOLENCE IS VIOLENCE COMMITTED BY A PERSON WHO'S BEEN INVOLVED IN A SOCIAL RELATIONSHIP OF A ROMANTIC OR INTIMATE NATURE WITH THE VICTIM.
THE EXISTENCE OF THIS RELATIONSHIP IS DETERMINED BASED ON A CONSIDERATION OF THE FOLLOWING FACTORS, LENGTH OF THE RELATIONSHIP TYPE OF RELATIONSHIP, FREQUENCY OF INTERACTION BETWEEN THE PERSONS INVOLVED IN THE RELATIONSHIP.
UM, I TOOK THIS LANGUAGE OF THE DEFINITION, DR.
I TOOK THAT, UH, FROM THE CODE OF FEDERAL REGULATIONS AND THESE OTHER THINGS THAT I'M READING TO YOU ALL RIGHT NOW, THAT WAS SEPARATE THAT I LOOKED UP, YOU SEE WHAT I'M SAYING? UM, THOSE ARE IN THE U S CODE.
SO, UM, I CAN, I CAN ADD, YOU KNOW, THOSE DEFINITIONS, IF YOU ALL THINK THAT THAT WOULD BE HELPFUL.
AND THEN DOMESTIC VIOLENCE HERE THAT'S, UM, A FELONY OR MISDEMEANOR CRIMES OF VIOLENCE COMMITTED BY A CURRENT OR FORMER SPOUSE OR INTIMATE PARTNER OF A VICTIM, A PERSON WITH WHOM THE VICTIM SHARES A CHILD AND COMMON PERSON WHO'S CO-HABITATING, OR HAS COHABITATED WITH THE VICTIM AS A SPOUSE OR INFINITE PARTNER, UM, PERSON SIMILAR SITUATED TO THE SPOUSE OF THE VICTIM
[00:40:02]
UNDER THE DOMESTIC OR FAMILY VIOLENCE LAWS OF THE JURISDICTION.UH, THEN STALKING IS A COURSE OF CONDUCT DIRECTED AT A SPECIFIC PERSON THAT WOULD CAUSE A REASONABLE PERSON TO A FEAR FOR HIS OR HER SAFETY OR THE SAFETY OF OTHERS, OR B SUFFER, SUBSTANTIAL EMOTIONAL DISTRESS.
SO I COULD, YOU KNOW, ADD THOSE DEFINITIONS, UM, INTO HERE, EVEN THAT THIS IS HOW THE CODE OF FEDERAL REGULATIONS TO FIND IT, BUT THEN I LOOKED THOSE UP TO WENDY.
WENDY, CAN I INTERJECT HERE FOUR MINUTES? YES.
UM, THAT WAS OUR CURRENT, UM, HRS THREE HAS A LIST.
IT'S NOT AN EXHAUSTIVE LIST OF SOME POSSIBLE, UM, BEHAVIORS THAT WOULD DENOTE SEXUAL HARASSMENT.
AND I WOULD HAVE TO DEFER TO WENDY TO SEE IF THOSE, UM, BEHAVIORS COULD BE LISTED STILL IN THIS NEW POLICY WITH THE NEW REGS.
I'M NOT SURE, BUT WE GET A LITTLE BIT MORE SPECIFIC IN OUR CURRENT HRS.
UNDER TITLE NINE, I WAS TALKING TO, UH, UH, ANOTHER LAWYER THAT'S WORKING ON THIS TOO.
THIS IS THE DEFINITION IT'S VERY NARROW THAT APPLIES TO SEXUAL HARASSMENT HERE.
THAT'S SEVERE PERVASIVE AND OBJECTIVELY OFFENSIVE OR CONDITIONING AND AID BENEFIT OR SERVICE ON THAT PERSON'S PARTICIPATION, UNWELCOME SEXUAL CONDUCT.
SO IT'S A REAL CLEARLY SPECIFIC DEFINITION HERE ON THIS PART HERE.
SO WHAT, SO LET ME JUST GIVE EXAMPLES AND I DON'T KNOW WHETHER, I MEAN, HOW SO LET'S SAY AN EMPLOYEE, UH, IS ALWAYS HARASSING ANOTHER EMPLOYEE AND, UH, DEROGATE, THE OTHER EMPLOYEE IS, IS, UH, UH, UM, GAY.
AND SO THE, THE ONE EMPLOYEE IS CONSTANTLY, YOU KNOW, MAKING, UH, I DON'T KNOW, UNWANTED UNWELCOME CONDUCT, WHETHER IT'S, YOU KNOW, REMARKS OR I DUNNO WHAT IT IS, BUT WOULD THAT BE UNDER SEXUAL HARASSMENT IF THE, OR DOES IT HAVE TO BE WHERE THEY'RE TRYING TO, UH, IT GOES TO, I DON'T KNOW, INAPPROPRIATE TOUCHING OR REMARKING ABOUT GENITALIA OF, LET'S SAY A WOMAN OR, I MEAN, BUT YOU SEE YOU DON'T, BUT DR.
GLIDES, YOU DON'T HAVE TO HAVE ACTUAL PHYSICAL CONTACT.
YOU CAN SEXUALLY HARASS SOMEONE BY, YOU KNOW, HOUNDING THEM, THINK ABOUT, YOU KNOW, HOW SOMEBODY COULD GET, BE REALLY HARASSED AND WRITTEN MEANS, UM, YOU KNOW, USING SOCIAL MEDIA.
SO THAT IS SEXUAL HARASSMENT, UM, CAN BE DONE IN, IN WRITTEN FORMS AND SOCIAL MEDIA, BUT IT HAS TO BE SEVERE PERVASIVE AND OBJECTIVELY OFFENSIVE.
SO, SO IT COULD BE JUST SOMEBODY CONSTANTLY HARASSING A HOMOSEXUAL EMPLOYEE OR SOMEBODY CONSTANTLY HARASSING A WOMAN OR SOMEBODY CONSTANTLY.
UM, SEXUAL JOKES, UM, UNINVITED SEXUAL COMMENTS IN TERMS OF HOW A PERSON LOOKS OR HOW ANOTHER PERSON MAKES HOW A PERSON CAN SAY YOU MAKE ME FEEL WHEN I LOOK SO IT, IT CAN BE SUBTLE OR NOT SO SUBTLE.
THANK YOU FOR YOUR FURTHER EXPLANATION, WENDY.
IN ONE AND TWO AND THREE, IT HAS TO BE WITHIN THE CONTEXT OF THE SCHOOLWORK.
IS THAT CORRECT? WORK FOR THE DISTRICT? IT, IT HAS TO BE OCCURRING.
UM, LET ME FIND THAT MR. DARLING, IT IS IN AN EDUCATION PROGRAM OR ACTIVITY, ANY LOCATIONS OR EVENT OR CIRCUMSTANCES ARE, WHICH THE BCSD EXERCISE SUBSTANTIAL CONTROL OVER BOTH THE, YEAH.
SO THEREFORE IF SOME, IF, IF TWO CLIENT YEARS GET INTO A RAUL ON A WEEKEND, IT'S NOT NEVER A CONCERN.
WELL, I MEAN THAT HAVE, I MEAN, PEOPLE DON'T DON'T HAVE ANYTHING TO DO WITH US THAT ARE NOT INVOLVED IN OUR EDUCATIONAL PROGRAM OR ACTIVITY, YOU KNOW, THAT'S PEOPLE THAT, AND ANOTHER WAY THEY HAVE TO BE WORKING AT THE TIME, IS THAT CORRECT? MR. DIALING? I COULDN'T HEAR YOU.
THEY HAVE TO BE WORKING AT THE TIME, IS THAT CORRECT? BUT THEY WOULD BE, I DON'T KNOW IF THEY'RE WORKING AT THE
[00:45:01]
EXACT TIME THEY HARASS SOMEBODY.I MEAN, THEY COULD BE HARASSING SOMEBODY BEFORE WORK.
WELL, HOW IS THAT WITHIN THE EDUCATIONAL PROGRAM, IF SOMEBODY IS AN EMPLOYEE OF THE DISTRICT AND THEY'RE USING THEIR DISTRICT EMAIL TO HARASS, YOU KNOW, TO SEND THESE MESSAGES THAT USING THE COMPUTER IS USING DISTRICT PROPERTY.
LET'S SAY SOMEBODY GOES HOME AND WRITES ON MESSENGER, A MESSAGE TO ANOTHER EMPLOYEE, UNRELATED TO WORK THAT THE EMPLOYEE FINDS OFFENSIVE AS THAT TAKEN PLACE IN THE EDUCATIONAL PROGRAM.
IS THIS AN EMPLOYEE THAT'S TRYING TO CONDITION A SERVICE OR A BENEFIT BY THEIR PARTICIPATION WELCOME SEXUAL CONDUCT? I MEAN, IT DEPENDS UPON WHAT THIS PERSON IS DOING BECAUSE THE MORE I'M THINKING MORE OF ITEM NUMBER TWO, THAT WOULD DENY A PERSON EQUAL ACCESS TO THE EDUCATIONAL PROGRAM ACTIVITY.
THAT'S WHAT YOU'RE ASKING ABOUT MR. DOLAN.
YEAH, BECAUSE HERE'S THE THING.
IF YOU WORK WITH SOMEBODY, THEY'RE YOUR COWORKER, YOU'RE INVOLVED WITH THEM BECAUSE OF THE EDUCATIONAL PROGRAM.
SO WE CAN'T BE DISRESPECTFUL TO EACH OTHER.
I MEAN, IF IT'S AFTER WORK HOURS, BUT IT'S YOUR EMPLOYEE, IT'S AN EMPLOYEE WHAT'S DISRESPECTFUL IN THE CONTEXT THAT WE'RE TALKING.
WELL, NO, IN THE CONTEXT OF THIS IT'S UNWELCOMED CONDUCT, I SAID THAT THE DEFINITION SAYS UNWELCOME CONDUCT OR STICK TO THE DEFINITION.
ONE PERSON SHOULD DISRESPECT IS ANOTHER PERSON'S COMPLIMENT.
THAT, THAT ANSWERS MY QUESTION.
I THINK I JUST WANT TO MAKE SURE THAT PEOPLE DON'T BELIEVE THAT THEY'RE ON 24 HOUR WATCH.
THANK YOU FOR BRINGING IT UP TO MR. SMITH.
I WAS JUST GOING TO GO BACK AND JUST ADD TO BASICALLY WHAT MS. DOLAN WAS SENT.
SO BASICALLY IF TWO COWORKERS, WITHOUT A CORE THAT A COOKOUT AND ONE THAT SOMEONE SAYS SOMETHING INAPPROPRIATE, THEN THAT IT, THAT WOULD NOT BE SPEAKING THAT WOULD NOT HAVE TO DO THE JOB IF THEY ARE OFF CAMPUS AND THEY ARE NOT WITHIN OUR, UH, ON OUR PROPERTY.
THAT WOULD BE SOMETHING THAT THEY WOULD NEED TO TAKE TO FIGURE OUT WHAT THE LOCAL LAW ENFORCEMENT CORRECT? YES, SIR.
AND HOW ABOUT ALSO, IF, IF SOMETHING WAS SAID INAPPROPRIATELY OVER THE WEEKEND AND, UH, THEY, THEY CAME BACK TO WORK IN AND REPORTED THAT IT WAS CAUSE THIS, IT SAYS EDUCATION PROGRAM, OUR ACTIVITY, AND THAT MEANS A LOCATION OR EVENT OR CIRCUMSTANCE OR WHICH THE DISTRICT EXERCISES CONTROL BOTH FINE.
AND SO, UM, MRS. CARR IS MUSLIM MAJORITY, MAJORITY OF THIS, UH, CORRECT ME IF I'M WRONG.
MAJORITY OF MAJORITY OF WHAT YOU SHARE WITH US ON, ON THE, ON THIS DOCUMENT IS PRETTY SIMPLY WORD WORD FOR WORD COMING, COMING FROM THE, YOU SAID HOW MANY PAGES WAS IT? SILVER, 2000 DOGGIE, RIGHT.
SO MAJORITY IS OF THE, OF THESE MAJORITY OF THE WORDS IN THE, SO THESE WORDS, THESE WORDS ARE FROM THE CODE OF FEDERAL REGULATIONS, MR. SMITH.
CAUSE IT'S VERY, IT'S SO SPECIFIC MR. SMITH.
UM, YOU TWO, BOTH HAVE YOUR HANDS UP, SO THANKS.
UM, WENDY THERE'S, UH, I THINK MS. WALTON HAS A DEFINITELY YES, SHE DOES.
I JUST WANT TO QUICKLY WALK YOU THROUGH WHERE WE ARE IN THIS PROCESS.
UM, AS YOU KNOW, THIS IS, THIS IS NOT NEW WE'VE WE'VE, UM, HAD GRIEF GRIDS, PROCESSES, SEXUAL HARASSMENT POLICY ALREADY IN PLACE, BUT THIS ADDS, UM, LOT MORE TEETH TO IT AND IT ADDS A LOT MORE RESPONSIBILITIES TO IT
[00:50:01]
AND ALSO A LOT MORE LEGALITIES TO IT.SO, UM, I HAVE, AS I'M GETTING READY TO TRAIN AND SET UP TEAMS OF INVESTIGATORS, TEAMS OF, UM, RESOLUTION MAKERS, AND I'M LOOKING AT IT IN TERMS OF DISTRICT WIDE, I'M LOOKING AT IT IN TERMS OF CLUSTERS.
SO EACH CLUSTER WOULD HAVE THEIR OWN INVESTIGATOR, THEIR OWN, UM, ARBITRATORS AND OWN DECISION-MAKINGS WITHIN A CLUSTER.
AND I THINK WE DO THAT BECAUSE OF THE COMMUNITY AND THE KINDS OF THINGS WE DO IN A DISTRICT.
AND WE WANT PEOPLE MAKING DECISIONS WHO KNOW OUR STAFF AND WHO ALSO KNOWS THE COMMUNITY.
ALL OF THESE PEOPLE WILL BE PULLED TOGETHER.
THEY WILL BE TRAINED AND WILL BE MANAGED FROM THE DISTRICT OFFICE.
AND IT'S ALMOST LIKE A PERFECT STORM BECAUSE WE TALKED ABOUT THE WHOLE GRIEVANCE PROCESS EARLIER.
AND WE WERE GOING TO LOOK AT A WAY OF HOW TO MANAGE THE GRIEVANCE PROCESSES FROM THE SCHOOL TO THE DISTRICT OFFICE.
AND IRONICALLY ENOUGH, OVER THE SUMMER, MY TEAM AND I HAVE, UM, MET WITH SEVERAL DIFFERENT VENDORS.
WE LOOKED AT WHAT WE HAD IN PLACE ALREADY.
AND I THINK WHEN I CAME TO YOU BEFORE WE SAID, WE COULD USE MUNIS, WHICH IS OUR IN-HOUSE FINANCIAL SYSTEM.
AND THERE WAS A, A LEG IN THERE THAT YOU USE FOR GRIEVANCES TO KEEP TRACK OF THEM AND, AND HAVE GRIEVANCES FILED.
BUT IT ALSO DIDN'T LAND ENOUGH FLEXIBILITY FOR US TO PUT SOME RESPONSIBILITY BACK ON THE EMPLOYEE AND FOR US TO HAVE DIRECT CONTACT AND IMMEDIATE NOTIFICATION WHEN AN EMPLOYEE ACTUALLY FILED A GRIEVANCE.
SO WHEN THIS NEW ORDER COME HAS COME DOWN WITH THE TITLE NINE, THE COMPANY THAT WE'RE LOOKING AT, WE'LL SET UP AN ELECTRONIC RECORD KEEPING SYSTEM FILING SYSTEM SO THAT WE CAN HAVE ALL OF THIS IN A SAFE, CONFIDENTIAL SPACE THAT WE CAN ALWAYS GO BACK TO PULL UP.
IF WE'RE EVER AUDITED, THE NUMBER OF COMPLAINTS THAT WERE FILED, THE RESOLUTIONS, HOW LONG IT TOOK TO GET TO A RESOLUTION.
AND WE CAN ALSO KNOW THAT WHEN AN EMPLOYEE GOES IN AND FILE A GRIEVANCE, THE CLOCK STARTS TO TICK WHEN THIS GRIEVANCE HAS, WAS ACTUALLY FILED AND WHEN IT WAS LOOKED AT AND WHEN IT WAS RESOLVED.
SO WE INTEND TO BRING THAT SUGGESTION BACK TO THE OPERATIONS COMMITTEE, PROBABLY IN SEPTEMBER, AFTER WE GET SCHOOL UP AND RUNNING.
UM, THE OTHER THING THAT WE LIKED ABOUT THIS PARTICULAR COMPANY IS IT WILL SET UP AND MANAGE THE WAY WE WANT IT TO FOR BUFORD COUNTY.
SO SETTING UP DIFFERENT INVESTIGATIVE TEAMS BY CLUSTERS, PUTTING IN PLACE A RECORD KEEPING SYSTEM THAT WILL STORE RECORDS FOR SEVEN YEARS, WE DON'T HAVE TO GO TO A FILE CABINET AND PULL OUT FOLDERS.
WE DON'T HAVE TO COUNT HOW MANY WE'VE DONE.
IT'S ALREADY THERE AT A PUSH OF A BUTTON.
HOW MANY SEXUAL HARASSMENT COMPLAINTS HAVE WE HAD, AND THAT WILL PULL, PULL IT RIGHT UP.
WHERE WERE THEY, WHAT WERE THE RESOLUTIONS AND THOSE KINDS OF THINGS.
SO I THINK WE'RE IN A GOOD POSITION TO MOVE FORWARD WITH THIS AND HAVING THE, UH, THE MECHANISMS IN PLACE TO MAKE SURE WE STAY IN COMPLIANCE WITH THE LAW.
SO WE'RE, WE'RE EXCITED ABOUT, UM, GETTING THAT SYSTEM UP AND RUNNING AND BECOMING COMPLIANCE ALL IN ONE AND MAKING IT EASIER FOR EMPLOYEES AS WELL AS, UM, DISTRICT STAFF TO KEEP RECORDS, MR. CAMPBELL, YOU'RE ON MUTE, MS. WALTON.
UM, IF A STAFF MEMBER FILE A GRIEVANCE AND IT'S BEEN INVESTIGATED AND THEY FOUND OUT THAT IT DIDN'T GO IN THEIR FAVOR, WHAT ARE THE RESOURCES DO THEY HAVE TO, THEY CAN APPEAL IT TO WHO DID THEY APPEAL IT TO? UM, THE S THE APPEAL PROCESS STOPS AT HR CURRENTLY BY, UM, OUR REGULATIONS.
SO EMPLOYEE GRIEVANCES STOP AT HR NOW, AND THAT'S HOW IT'S, THAT'S HOW IT'S WRITTEN.
UM, SO, SO THEN THEY WOULD HAVE TO EITHER FILE A LAWSUIT IF THEY'RE NOT SATISFIED, BUT AN EMPLOYEE ALWAYS HAS THAT, RIGHT.
[00:55:01]
UH, I'M NOT SURE IF THIS QUESTION GOES TO WENDY OR ALISH IN THOSE 2000 PAGES, IS THERE ANY REMEDY OR SHANE MENTIONED FOR SOMEONE WHO WILLIS THERE ANY CHANGE IN, I BELIEVE THERE IS MISS DIALING, BUT I'LL, I'LL, I WILL LEAVE, UM, YIELD TO WINDY.
THERE IS YOU HAVE, YOU HAVE TO FILE AND, UM, AND IN GOOD FAITH AND IN AN HONESTY.
WELL, I UNDERSTAND, SO IF YOU, I MEAN, THAT IS GROUNDS FOR OTHER DISCIPLINARY ACTION.
IF YOU'RE MAKING A MATERIALLY FALSE STATEMENT, THAT'S, UM, THAT'S A GROUND FOR DISCIPLINARY ACTION, BUT I CAN LOOK THROUGH, UH, MR. DON, I CAN, I CAN LOOK THROUGH ALL THOSE REGS AGAIN, TO SEE IF THERE'S ANYTHING ELSE MENTIONED IN THERE ABOUT A REMEDY, BUT I, BUT IF SOMEBODY IS FILING AS A PATTERN OF FILING COMPLAINTS THAT ARE UNFOUNDED AND LACK, YOU KNOW, THERE'S NO JUST CAUSE TO TAKE AN ACTION, THEN THAT EMPLOYEE THERE'S DISCIPLINE FOR BEING, YOU KNOW, FOR BEING DISHONEST, BECAUSE REALLY THINK ABOUT IT.
UH, MY QUESTION GOES BACK TO, UH, SOMETHING MR. CAMPBELL SAID.
UM, SO BASICALLY AT THIS POINT IN TIME, THE LAB, THE LAST PERSON THAT YOU, THAT YOU CAN TAKE A, A GRIEVANCE TO IS D IS THIS IS THE H HR OR THE OTHER SUPERINTENDENT, CORRECT? JUST HR, MR. SMITH.
THAT'S HOW THE REGS ARE WRITTEN AT THIS POINT.
SO, SO THEY TOLD BASICALLY THE EDIT, THEY DIDN'T EVEN GO TO THE SUPERINTENDENT.
UM, AND WHO, WHO WERE, WHO WROTE, WHO WROTE, WHO WROTE THOSE? THE QUESTION IS WHO ARE THE RIGS THOSE RIGHTS? I CAN'T, I WOULDN'T HAVE TO SAY THE LEGAL, UM, COUNSEL FOR THE DISTRICT WROTE THE REGS AND THESE, THESE BREAKS HAVE BEEN IN PLACE.
AND I CAN TELL YOU, UM, 2005, I BELIEVE WAS THE FIRST TIME IT WAS DEVELOPED.
UM, AND MR. SMITH UNDER, UNDER THAT APPEALS PROCESS AND THE CODE OF FEDERAL REGULATIONS, IT SAYS THAT DECISION-MAKER FOR THE APPEAL CAN NOT BE THE SAME, CANNOT BE THE SAME PERSON AS THE DECISION MAKER THAT REACHED THE DETERMINATION REGARDING RESPONSIBILITY TO DISMISSAL.
THE DECISION MAKER CAN NOT BE THE INVESTIGATOR.
THE DECISION MAKER CANNOT BE THE TITLE IX COORDINATOR.
THE DECISION MAKER CAN NOT HAVE A CONFLICT OF INTEREST AND MUST RECEIVE TRAINING AS OUTLINED BY THE CODE OF FEDERAL REGULATIONS.
THE SMITH QUESTION YOU WANTED TO KNOW WHO WROTE THEM.
I CAN TELL YOU IT WAS ADOPTED IN 2001, 2001.
UM, WHEN, WHEN YOU BRING, UH, UH, WOULD YOU, I GUESS WE'LL, UH, UM, MR. CHAIRMAN AT THIS TIME, WOULD YOU THINK THAT, UH, UH, W W WHAT'D YOU PREFER ME TO MAKE A MOTION TO ASK MS. WALTON TO BRING SOMETHING, OR, OR WHAT WOULD YOU DO IT EARLY? UM, I DON'T W WHAT ARE YOU THINKING ABOUT? CAUSE I DON'T THINK WE REALLY MAKE A MOTION.
WE DON'T, WE DON'T REALLY APPROVE THESE RICHARD.
RIGHT? UM, NO, UM, NO, MY, MY, MY MOTION WOULD BE THAT WHEN SHE BRINGS THE, THE, UM, WHEN, WHEN, WHEN, WHEN SHE, WHEN SHE BRINGS THE GRIEVANCE PROCESS AND THEIR PROCEDURES TO US, THAT ALSO THAT SHE BRINGS THE INFORMATION, BECAUSE THAT IS SOMETHING THAT THE BOARD NEEDS, THE BOARD NEEDS TO REVISIT BECAUSE, UM, I HAVE A PROBLEM WITH IT STOPPING AT HR AND NOT THE SUPERINTENDENT, NOT THE BOARD.
I MEAN, BECAUSE I, DIDN'T THE ONLY THING THAT WE OFFER IN OUR EMPLOYEES THE BEST, UH, THE BEST OPTIONS.
UM, YEAH, I THINK THAT WOULD BE A MOTION THAT YOU WOULD MAKE WHEN THIS COMES BEFORE THE FULL BOARD WOULD BE THE SUGGESTION I WOULD MAKE, BECAUSE THAT, THAT WOULD REQUIRE A POLICY CHANGE.
UH, I AGREE WITH YOU THAT HAVING IT STOP AT HR, GOING BACK TO SOMETHING THAT DR.
RON SAID EARLIER WOULD ELIMINATE THE POSSIBILITY
[01:00:01]
OF, UM, A BOARD MEMBER OR THE SUPERINTENDENT BEING INVOLVED, OR, YOU KNOW, THAT WE'VE, WE'VE HAD THAT ISSUE BEFORE BASED ON GRIEVANCES.SO, UM, I AGREE WITH YOU, AND I WOULD THINK THAT YOU WOULD MAKE THAT MOTION WHEN, UM, WHEN IT COMES BEFORE THE FULL BOARD, ARE YOU COMFORTABLE WITH THAT? UH, I FIGURED, UH, YEAH, AND NO, BECAUSE I FIGURED IF SHE'S GOING TO BRING IT TO US IN SEPTEMBER, MAYBE THE, HAVING THE INFORMATION OF THE ACTUAL, THE ACTUAL WHEN, WELL, IN SEPTEMBER, SEPTEMBER, IT'S JUST THE RECORD KEEPING FACILITIES, RIGHT.
AND SAM, WHEN SHE RUNS THE PROCESS, SHE CAN, CAN, SHE CAN, CAN WE ASK HER TO BRING THE INFORMATION AS OF WHO, WHO WAS THE LAST PERSON TO WORK ON IT? HOW DO WE COME UP WITH THOSE METHODS, WITH THOSE METHODS? AND, AND, AND I MEAN, IT JUST BASICALLY, WHERE, WHERE DOES IT STAND RIGHT NOW? DOES THAT MAKE SENSE? I'M NOT UNDERSTANDING WHAT YOU WANTING ME TO DO.
NUMBER ONE, TELL YOU WHO WORKED ON IT.
IT WAS DEVELOPED IN 2001, WHICH WAS 19 YEARS AGO.
IF YOU ARE ASKING FOR THE POLICY TO BE REWRITTEN, IF YOU WERE ASKING FOR THAT EIGHT R TO BE REWRITTEN, THEN THAT'S SOMETHING DIFFERENT.
BUT, BUT I DON'T KNOW WHO WORKED ON IT.
I'M FOLLOWING THE POLICY AS IS.
I CAN TELL YOU WHEN IT WAS, UM, UH, WHEN IT WAS THE INCEPTION, I CAN TELL YOU WHEN IT WAS UPDATED, BUT I CAN'T TELL YOU WHO PUT THE POLICY IN PLACE.
I DIDN'T COME TO HR UNTIL 2005.
SO IF YOU WANT A POLICY REWRITTEN, THEN THAT'S TOTALLY OUT OF MY HANDS.
THAT WOULD HAVE TO BE THE BOARD.
THIS HAS NOTHING TO DO WITH REVIEWING THE, ARE THAT A SINGLE LIGHT AND THAT'S ON OUR AGENDA, BUT I WOULD SUGGEST, I WOULD SUGGEST VERY BRIEFLY THAT I THINK MR. SMITH IS ONTO SOMETHING, BUT I THINK THE APPROPRIATE WAY TO DO IT IS TO HAVE THE POLICY COMMITTEE FINALLY WRITE A POLICY AROUND GRIEVANCES.
AND THEN IF THE AIR IS NOT, DOES NOT COMPORT WITH THAT POLICY, THEN THEY ARE OUR CHANGES.
WE CAN'T HAVE A POLICY THAT'S DRIVEN BY AN AR, AN AR IS DRIVEN BY THE POLICY.
SO W WE CAN DO NOTHING UNTIL THE POLICY COMMITTEE COMES ACROSS WITH A DRAFT.
BUT NONETHELESS, WE SHOULDN'T BE SPENDING A LOT OF TIME ON IT THIS AFTERNOON.
UM, MR. SMITH, ARE YOU OKAY? YEAH, I'M FINE.
WHAT IS BROUGHT BEFORE THE BOARD, RIGHT.
AND IT'S GOING TO BE BOUGHT, BROUGHT BEFORE THE BOARD AT THE NEXT BOARD MEETING, IS THAT CORRECT? ALLOSAUR WENDY.
THIS AR WILL BE BROUGHT BEFORE THE BOARD, BUT THIS IS THE SEXUAL HARASSMENT POLICY.
IT HAS NOTHING TO DO WITH, UM, OUR HR S 15, WHICH IS THE GRIEVANCE POLICY.
IF, UH, WHAT I HAD PLANNED TO DO WAS ON AUGUST 14TH, ON FRIDAY, ON YOUR FIRST DAY OF YOUR BOARD WORK SESSION, THEN I WAS GOING TO, UH, THAT THIS AR GOES INTO EFFECT ON THAT DAY, RIGHT? BECAUSE AUGUST 14TH IS A DAY THAT THIS HAS TO BE COMPLETED.
AND SO I WAS GOING TO DO THAT AT THE BEGINNING.
WELL, WHENEVER YOU ALL WANT ME TO AT THE WORK SESSION.
THAT'S ON THE DATE THAT IT'S IMPLEMENTED.
UM, BUT I DO BELIEVE MR. SMITH IS ONTO SOMETHING IRRESPECTIVE OF THE GRIEVANCE POLICY, WHICH BY THE WAY, MR. DALEY HAS BEEN WRITTEN AND YOU'LL BE RECEIVING IN SHORTLY GOOD AND DRY.
UM, BUT, UM, WENDY, YOU KNOW, UH, TIFFANY RICHARDSON SENT OUT A FLOW CHART ON THE TITLE NINE COMPLAINT PROCESS, WHICH IS VERY HELPFUL.
I THINK IT WENT TO, I THINK IT WENT TO ALL THE BOARD MEMBERS AND IT'S VERY, VERY, VERY HELPFUL, BUT I AGREE WITH MR. SMITH THAT THIS PROCESS WITH THE APPEALS OFFICER AND IF THAT IS IN HR, IT, UM, IT KIND OF ELIMINATES, UH, COMPLAINTS AGAINST THE SUPERINTENDENT OR BOARD MEMBERS.
SO I DO THINK WE NEED TO TALK ABOUT IT.
I THINK, I THINK MR. SMITH IS ONTO SOMETHING THERE, BUT, UM, THAT'LL BE FOR WHEN YOU BRING IT BEFORE THE FULL BOARD.
[01:05:02]
YEAH.BECAUSE THE DECISION MAKER, THE DECISION MAKER CANNOT BE THE INVESTIGATOR, THE TITLE IX COORDINATOR.
I MEAN, IT, IT HAS TO BE A SEPARATE PERSON, RIGHT.
BUT THE, THE, THE ISSUE, I BELIEVE THOUGH, IS IF IT STOPPED, IF THAT APPEALS OFFICER WHO IS THE END OF THE PROCESS, IF THAT APPEALS OFFICER IS SOMEONE WHO REPORTS TO THE SUPERINTENDENT, UM, THEN WE HAVE THE SAME GAP THAT WE HAD IN THE GRIEVANCE POLICIES.
THAT'S THE ONLY WAY, THE ONLY REASON IT RELATES TO THE GRIEVANCE POLICY, BECAUSE REMEMBER THE, THE AG SAID, THE PROBLEM WITH OUR GRIEVANCE POLICY WAS THAT IT STOPPED AT THE SUPERINTENDENT.
SO YOU COULDN'T FILE A GRIEVANCE AGAINST THE SUPERINTENDENT AND YOU COULDN'T FILE A GRIEVANCE AGAINST THE BOARD BECAUSE THERE IS NO PROCESS ENDED TOO SOON.
AND IT SEEMS THAT THIS MAY HAVE THE SAME SHORTCOMING.
I THINK THAT'S THE CRUX OF WHAT MR. SMITH IS POINTING OUT.
IF THE APPEAL, THE APPEALS OFFICER IS A THIRD PARTY THAN, THAN NOT CONNECTED TO THE DISTRICT IN ANY WAY, THEN THAT WOULD ELIMINATE THAT AS BEING A PROBLEM.
BUT I'M NOT, I CAN'T TELL WHETHER THAT'S TRUE OR NOT.
UH, MR. STROMINGER, THAT WILL BE MY RECOMMENDATION RECOMMENDATION.
THAT THAT PERSON NOT BE A PART OF THE DISTRICT.
I THINK THAT'S A REALLY, I DALLAS, I AGREE WITH YOU A HUNDRED PERCENT BECAUSE YOU CAN'T HAVE A CONFLICT OF INTEREST.
YOU CAN'T BE THE COORDINATOR, YOU CAN'T BE INVESTIGATOR.
I MEAN, YOU CAN'T BE A DECISION MAKER.
THE PERSON HEARS THE APPEAL CAN NOT HAVE A CONFLICT OF INTEREST.
SO, YEAH, I WOULD HAVE TO READ AN OUTSIDE AN OUTSIDE, AN OUTSIDE, UM, PARTY WOULD ELIMINATE THAT AS BEING A PROBLEM.
I THINK WE MIGHT, WE MIGHT WANT TO EMPHASIZE THAT.
I THINK I ADD SOMETHING TO THAT.
I AGREE WITH YOUR WHOLE HEART.
IT'S LIKE, I WOULD LIKE TO GET A VERY STRICT DEFINITION OF SOMEONE WHO HAS NO CONNECTION TO THE DISTRICT THOUGH.
I DON'T WANT, I WOULD PREFER NOT TO SEE SOMEBODY WHO HAS BEEN IN VARIOUS BUSINESS RELATIONSHIPS OR ORGANIZATION RELATIONSHIPS WITH THE DISTRICT, NOT NECESSARILY AS PART OF THE DISTRICT, BUT, UH, WHO AT ANY TIME HAS MADE THEIR LIVING OFF OF WORKING WITH THE DISTRICT.
THE, I CONSIDER THAT A CONFLICT OF INTEREST PRETTY MUCH THE SAME AS WE, WHEN WE, UH, WHEN YOU AND MISS DISTRIBION CHILDREN, UM, DICK GUY, OR, AND, AND RACHEL ON DEVELOP THE ATTORNEY LIST AND, YOU KNOW, MR. DARLING, THAT'S YOUR I'M EXACTLY RIGHT.
BECAUSE THE ETHICS ACT TALKS ABOUT THAT AN INDIRECT OR DIRECT BENEFIT FOR YOURSELF OR FOR ANY MEMBER OF YOUR FAMILY, IF YOU'VE HAD A FINANCIAL BENEFIT AS THE PERSON THAT HAS NO FINANCIAL INTEREST WITH THIS DISTRICT, YOU CAN'T HAVE HAD A BUSINESS RELATIONSHIP WITH A DISTRICT BECAUSE THAT'S A POTENTIAL CONFLICT OF INTEREST.
BUT DO YOU NEED ANYTHING ACTIONABLE FROM US TODAY? I MENTIONED SO CONFLICTS, SO I, I HEAR WHAT YOU'RE SAYING, BUT IT'S LIKE THE, THE, UM, THE ETHICS ACT, IT HAS TO BE A FINANCIAL THING INVOLVED.
AND SOMETIMES IT'S, IT'S SOMETHING OTHER THAN FINANCIAL.
UM, BUT I AGREE WITH MR. DALLIN, YOU KNOW, WE, WE, WE, WE SHOULD BE AS CLEAR AS WE CAN BE.
AND IF IT'S AN ATTORNEY, THE ATTORNEY ASKED TO ASK TO FILL OUT A CONFLICT OF INTEREST FOR MANY OF THEM, DON'T, THEY THAT'S RIGHT.
THEY HAVE TO DO A CONFLICT CHECK FOR THE WHOLE FIRM.
ANY OTHER QUESTIONS ON THIS? OKAY.
I DON'T SEE ANY, AND THIS REALLY IS OUR ONLY TOPIC WE WANTED TO STAY FOCUSED ON THIS BECAUSE OF THE BREADTH OF IT.
UM, SO THAT KIND OF CONCLUDES THIS MEETING, I BELIEVE THE SECOND THEY'RE SAYING.
THANK YOU SO MUCH FOR YOUR TIME TODAY.
AND, UM, ALISON, I REALLY APPRECIATE YOUR TIME AND YOUR INPUT.