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[1. 1:00 pm Call to Order]
TO ORDER BEING CONDUCTED, UH, BY VIDEO CONFERENCING.[1A. Pledge of Allegiance]
THE MEETING BY STANDING FOR THE PLEDGE OF ALLEGIANCE, OKAY.ALLEGEDLY AGENTS, FEDERAL AGENTS, IT'S IN AMERICA, 90 STATES OF AMERICA AND TUTORING FOR WHICH IT STANDS ONE NATION UNDER GOD WITH THE LIMITATION FOR ALL.
[1B. Approval of Agenda]
ON THE AGENDA IS THE APPROVAL OF THE AGENDA.DO I HAVE THE MOTION? SO MOVED.
ANY PUBLIC COMMENTS NOW? NO, MA'AM OKAY.
[1D. Review of Administrative Regulation SS-14.1 Procedures to Address Reports of Sexual Harassment of Students Under Title IX and Administrative Regulation SS-14.2 Sexual Harassment Complaint Form]
GO AHEAD AND START WITH A REVIEW OF ADMIN REGULATION.UM, THANK YOU SO MUCH BOARD MEMBERS AND DR.
THANK YOU FOR BEING HERE TODAY.
I WANTED TO GIVE YOU ALL A BRIEF OVERVIEW HERE AND TO LET YOU KNOW THAT, UM, THE US DEPARTMENT OF EDUCATION OFFICE OF CIVIL RIGHTS HAS ISSUED, UM, THESE FEDERAL REGULATIONS AND THEY ARE GOING INTO EFFECT, UM, FRIDAY, AUGUST 14TH.
AND ON THAT DATE IS WHEN WE WILL BE, UM, MANDATED TO POST THESE ADMINISTRATIVE REGULATIONS, AS WELL AS, UH, THE TRAINING MATERIALS THAT ARE GOING TO BE USED TO TRAIN THE DIFFERENT INDIVIDUALS INVOLVED IN VARIOUS ROLES AS REQUIRED BY THE CODE OF FEDERAL REGULATIONS.
BUT I DID, I DID WANT TO LET YOU KNOW, JUST AS WAY OF BACKGROUND HISTORICAL BACKGROUND HERE IS THAT, UM, THIS IS THE FIRST TIME THAT THE U S DEPARTMENT OF ED HAS ISSUED A FORMAL BINDING LEGAL OBLIGATIONS ON SCHOOL DISTRICTS.
THESE ALSO APPLY TO COLLEGE AND UNIVERSITIES AS WELL, BUT THE BOTTOM LINE HERE IS THAT THERE MUST BE A PROPER RESPONSE TO THESE REPORTS OF SEXUAL HARASSMENT.
AND THIS FINAL RULE HERE ENSURES THAT EVERY COMPLAINANT RECEIVES APPROPRIATE SUPPORT RESPONDENTS ARE TREATED AS RESPONSIBLE ONLY AFTER RECEIVING DUE PROCESS AND FUNDAMENTAL FAIRNESS.
AND THAT OFFICIALS MUST SERVE IMPARTIALLY WITHOUT BIAS FOR OR AGAINST ANY OF THE PARTIES.
AND THAT I WANT TO HIGHLIGHT IN THIS CODE OF FEDERAL REGULATIONS IS THAT THIS ODD SCHOOL DISTRICTS ARE MANDATED NOW TO OFFER FREE SUPPORTIVE MEASURES TO EVERY ALLEGED VICTIM OF ANY TYPE OF SEXUAL HARASSMENT.
AND THESE ARE INDIVIDUAL SERVICES PROVIDED.
THEY ARE TO RESTORE OR PRESERVE EQUAL ACCESS TO EDUCATION THEY'RE TO PROTECT STUDENTS AND EMPLOYEE AND THERE TO DETER SEXUAL HARASSMENT.
AND THEY MUST BE OFFERED TO PLANE COMPLAINANTS.
EVEN IF THE COMPLAINANTS DO NOT WISH TO INITIATE PARTICIPATE IN THE COMPLAINT PROCESS, THE DEPARTMENT HAS EMPHASIZED AND STRESSED.
EVERY SITUATION IS UNIQUE AND THAT INDIVIDUALS REACT TO SEXUAL HARASSMENT, DIFFERENT WAYS.
SO THIS IS, IS GIVING THE DISTRICT, UM, DIRECTION AND ALSO TELLING THE DISTRICT, IT MUST RESPECT THE COMPLAINANTS WISHES AND THEIR AUTONOMY AND GIVE THEM A CHOICE ABOUT WHETHER THEY WANT TO FILE A FORMAL COMPLAINT, WHETHER THEY WANT TO HAVE SUPPORTIVE MEASURES.
AND THESE RULES HERE THAT I'M GOING TO GO OVER WITH YOU.
IT'S A VERY FAIR, IMPARTIAL PROCESS FOR COMPLAINANTS AND IT'S TO PROTECT COMPLAINANTS FROM FEELING THREATENED OR COERCED IN THE EVENT THAT THEY DECIDE THEY WANT TO FILE A COMPLAINT.
AND THE DEPARTMENT OF ED STATED IN PART OF THEIR, UM, GUIDANCE WAS THAT THEY SAY THAT THIS FINAL RULE REFLECTS CORE AMERICAN VALUES OF EQUAL TREATMENT ON THE BASIS OF SEX FREE SPEECH AND ACADEMIC FREEDOM DUE PROCESS OF LAW AND FUNNEL METAL FAIRNESS.
AND WE MUST OPERATE FREE FROM ANY SEX DISCRIMINATION, INCLUDING SEXUAL HARASSMENT.
SO WE MUST RESPOND, UM, PROMPTLY IN ACCORDANCE WITH THESE WOULD THESE, UH, REQUIREMENTS OF THE CODE OF FEDERAL REGULATIONS.
AND I'VE TALKED A LITTLE BIT ABOUT THIS WITH DR.
STRAUSS, THANK YOU FOR TAKING THE TIME THAT YOU HAVE TO TALK TO ME ABOUT THIS BECAUSE THESE REGULATIONS ARE ACTUALLY OVER, IT'S ABOUT 2300 PAGES OF THINGS THAT ARE IN THERE.
AND SO, UM, WHAT I, WHAT WE'VE TRIED TO DO WITH THIS ADMINISTRATIVE REGULATIONS COVER THOSE THINGS THAT ARE MANDATED FOR US.
SO I'M GOING TO START OFF HERE UNDER PURPOSE HERE, AS YOU SEE, WE CITE THE TITLE NINE, UM, AND ITS REGULATIONS, AND THAT WE DO NOT DISCRIMINATE AND THAT'S DEFINED VERY CLEARLY THERE.
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AND THAT'S, YOU'LL SEE THAT WHAT IS IN THIS ADMINISTRATIVE REGULATION IS TAKEN FROM THE CODE OF FEDERAL REGULATION.SO, UM, IT'S BEEN CAREFULLY VETTED IN THAT WAY, AND THIS IS REALLY IMPORTANT.
THE SEXUAL HARASSMENT UNDER THIS TITLE NINE RULE, IF YOU'LL SEE AN ARTICLE TO A NUMBER, A SEXUAL HARASSMENT, IT IS DEFINED, UM, VERY SPECIFICALLY ABOUT WHAT IT MEANS.
AND YOU'LL SEE THERE'S THREE PARTS OF IT ABOUT OFFERING CONDITIONING, RECEIVING A BENEFIT OR SERVICE UPON THAT PERSON, THE INDIVIDUAL'S PARTICIPATION IN UNWELCOME SEXUAL CONDUCT.
IN THIS DEFINITION HERE, UNWELCOME CONDUCT DETERMINED BY A REASONABLE PERSON TO BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE THAT IT DENIES A PERSON AS EQUAL ACCESS TO OUR EDUCATION PROGRAM OR ACTIVITY.
SO IT'S NOT LIKE AN OFFHANDED COMMENT.
I MEAN, THIS IS SEVERE PERVASIVE AND OBJECTIVELY OFFENSIVE, AND THEN SEXUAL ASSAULT AND DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING.
AND YES, THIS IS, THIS IS ONE OF THE AREAS I HAD A QUESTION ABOUT IT.
AND I UNDERSTAND JUST TELL ME IF IT COMES RIGHT FROM THE, YOU KNOW, RIGHT FROM THE CODE THAT IT'S, THERE'S NO INTERPRETATION, BUT I WAS A LITTLE SURPRISED THAT THE UNWELCOME CONDUCT DETERMINED BY A REASONABLE PERSON TO BE SO SEVERE.
UM, YOU KNOW, TO ME THAT MEANS IT HAS TO BE PRETTY DARN BAD.
WHAT ABOUT, I MEAN, THAT JUST SURPRISED ME.
SO IT WAS THIS COMING, RIGHT? THE LANGUAGE IS RIGHT FROM THE, YEAH, EXACTLY.
IF IT IS LESS, IF IT'S NOT SO SEVERE OR SO PERVASIVE, WHAT ABOUT A LOWER LEVEL, UH, DEGREE OF SEXUAL HERNIA? SO THOSE, THOSE THINGS CAN BE ADDRESSED AS WELL OF A PERSON BEING HARASSED OR BULLIED OR THREATENED OR INTIMIDATED.
THAT WAS MY QUESTION AS WELL, WENDY, THE DIFFERENTIATION, AND I KNOW WE CAN'T ADDRESS IT IN HERE, BUT I THINK WE HAVE TO MAKE NOTE OF THAT AT TRAINING ON BULLYING AND THE DEFINITION OF A LAW.
AND DID THE EXAMPLE THAT'S BEEN GIVEN TO ME AS IF SOMEBODY MAKES AN ISOLATED OFFHANDED COMMENT THAT WOULD RISE HIS DEFINITION.
BUT FOR EXAMPLE, I'LL JUST USE MYSELF SAY, SAY THAT SOMEBODY STARTED TO, UM, MAKE INAPPROPRIATE MARKS TO ME.
AND I SAID TO THEM, UM, PLEASE STOP ADDRESSING ME IN THIS MANNER.
I'M COMFORTABLE STOP IT, YOU KNOW, DO NOT ENGAGE IN THIS BEHAVIOR TOWARDS ME ANYMORE.
AND THEY PERSIST AND THEY CONTINUE.
AND THIS HARASSMENT, THIS SEXUAL HARASSMENT, IT DOESN'T JUST HAVE TO BE WITH, UM, PHYSICAL CON CONTACT WITH AN INDIVIDUAL.
IT CAN ALSO BE DONE VIA SOCIAL MEDIA, UM, VIA THE INTERNET OR THREATENING LETTERS OR, UM, YOU KNOW, POSTING THINGS ON THE INTERNET USING OTHER TECHNOLOGIES.
SO IT DOESN'T HAVE TO BE ACTUAL PHYSICAL CONTACT.
BUT I THINK, I THINK TO, YOU KNOW, DR.
STRATA IS LIKE, YOU JUST SAID THAT, UM, MAYBE IN THE TRAINING OF THEM, BECAUSE WHAT'S SEVERE TO, YOU MIGHT NOT BE SEVERE TO ME.
ALMOST THE DIFFERENCE FROM A, UH, AN I DON'T MEAN TO BE CRASS ABOUT IT, BUT A MIDDLE SCHOOLER, WHO'S JUST LEARNING CERTAIN WORDS VERSUS THAT HAZING AND HARASSMENT THAT HAPPENS SOMETIMES EITHER IN A LOCKER ROOM OR, OR WITH, YOU KNOW, I'M TRYING TO WITH ATHLETE BECAUSE IT DOES HAPPEN.
THERE IS A DIFFERENCE AT THAT CONTEXT, YOU KNOW WHAT IT IS A VERBAL TYPE OF THING.
AND ALSO, UM, UH, LIKE FOR SEXUAL ASSAULT THAT FORCIBLE OR NOT ENFORCEABLE SEX CONDUCT UNDER THE UNIFORM CRIME REPORTING SYSTEM OF THE FBI SEXUAL OFFENSE IS A SEXUAL ACT DIRECTED TOWARD ANOTHER PERSON WITHOUT THEIR CONSENT OR IT, OR INSTANCES WHERE A VICTIM IS INCAPABLE OF GIVING CONSENT.
AND THAT INCLUDES THINGS LIKE FONDLING TOUCHING THE PRIVATE PARTS, INCENSE, CORY RAPE, THOSE KINDS OF THINGS ARE ALSO PART OF IT, YOU KNOW, RAPE PENETRATION BEDS.
I WAS GOING TO ASK, THEY HAVE, THEY, I LOOKED UP THESE DEFINITIONS SEPARATELY THAT THEY WERE NOT CLUED IN THIS PARTICULAR SECTION OF THE CODE OF REGULATIONS.
THEY'RE IN THE U S CODE, BUT I CAN ALSO, UM,
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WITH THOSE, BUT, UH, I'M GOING TO CHECK INTO THIS, BUT I CAN ALSO, I MAY ALSO I'VE QUOTED THE CODE OF FEDERAL REGULATIONS.THIS IS EXACT DEFINITION IN THE CODE.
AND, YOU KNOW, I MIGHT HAVE LIKE AN ADDENDUM AT THE END THAT DEFINES THOSE TERMS, YOU KNOW, AT THE END OF THE READ, JUST TO PROVIDE MORE CLARITY FOR PEOPLE.
I WAS THINKING ABOUT DOING THAT ACTUALLY.
BUT ANYWAY, UM, DOES THAT, DOES THAT ANSWER YOUR QUESTIONS OR DO YOU NEED MORE? IS THAT OKAY? ALL RIGHT.
AND THEN THIS, THIS DEFINITIONS THAT YOU SEE THAT WE HAVE IN HERE, THEY ARE, THEY ARE FROM THE CODE OF FEDERAL REGULATIONS.
WHAT IS CONSENT, YOU KNOW, AGREEING TO PARTICIPATE IN THE CONDUCT AND, UM, CONSENT CANNOT BE GIVEN BASED ON INCAPACITY FORCE COERCION OR AGE EDUCATION PROGRAM OR ACTIVITY.
SO THIS IS, THIS IS IMPORTANT BECAUSE IT APPLIES TO NOT JUST WHAT HAPPENS ON OUR DISTRICT PROPERTY, BUT IT ALSO APPLIES TO ANY, ANY LOCATION EVENTS OR CIRCUMSTANCES OVER WHICH OUR DISTRICT HAS CONTROL.
SO FOR EXAMPLE, SPORTING EVENTS, UM, FIELD TRIPS, DANCE, FIELD TRIPS, RIGHT.
YES, THOSE KINDS OF THINGS THAT APPLIES TO ALL THOSE KINDS OF THINGS AND A FORMAL COMPLAINT.
AND YOU'LL SEE, I HAD THAT ATTACHED TO THE, THE, UM, THIS DOCUMENT HERE, THE SEXUAL HARASSMENT AND RETALIATION COMPLAINT FORM, UM, THE PERSON, UM, THE PERSON WHO'S THE VICTIM OR THE COMPLAINANT, UM, MAY FILE THIS DOC.
IT SHOULD FILE THIS DOCUMENT, UM, WITH THE TITLE NINE COORDINATOR.
AND, UM, AND, AND IT IS EVEN IF THE INDIVIDUAL DOESN'T WANT TO FILE A FORMAL COMPLAINT, WE STILL ARE MANDATED TO PROVIDE SUPPORTIVE MEASURES TO THE COMPLAINANT.
BUT SO I GUESS ON A PAUSE, ONE DAY, WE HAVE TO MAKE NOTE AND I'M JUST WAS CROSS-CHECKING IN OUR STUDENT CODE OF CONDUCT.
WE'VE GOT TO REPLACE THIS ONE.
I JUST WANT TO MAKE NOTE OF THAT.
WELL, AS ANOTHER THING I DO WANT TO LET YOU ALL KNOW IS THAT, UM, OUR STUDENT CODE OF CONDUCT AT THE BEGINNING, THE TITLE IX COORDINATORS ARE INDICATED THE TITLE IX COORDINATOR FOR STUDENT SEXUAL HARASSMENT, THAT IS, UM, MRS. SWINTON AND THE TITLE IX COORDINATOR FOR, UH, STAFF, UM, SEXUAL HARASSMENT MATTERS IS MS. WALTON.
AND SO I'VE, I'VE GIVEN THAT INFORMATION TO, UM, DR.
SO IT'S THERE AT THE BEGINNING IN THE INTRODUCTION.
SO WE HAVE STUDENTS, RIGHT? THERE'S AR IT'S JUST FOR STUDENTS THAT THIS HAS ON STUDENTS.
AND, YOU KNOW, THIS IS SOMETHING THAT I REALLY RESPECT MS. SWEAT AND, UH, MS. WALTON IS THAT, YOU KNOW, THEY'RE, THEY'RE VERY WILLING, UM, TO NOT ONLY HAVE THEIR BUSINESS PHONE, BUT THEIR MOBILE PHONE, YOU KNOW, THEIR FAX NUMBER AND THEIR EMAIL BECAUSE YOU, THEY WANT TO BE AVAILABLE TO RECEIVE A COMPLAINT.
I MEAN, REALLY ANYTIME OF DAY OR NIGHT.
AND THAT SHOWS OUR DEDICATION TO OUR STUDENTS AND OUR STAFF INTO OUR DISTRICT.
WHEN THERE ISN'T THAT THE RESPONSIBILITY OF A PERSON OR ANOTHER POSITION, YOU KNOW? YES, OF COURSE.
I MEAN, THEY SHOULD BE AVAILABLE.
SO ME AND DAD THAT WAY, I MEAN, LEGALLY DON'T, THEY HAVE TO BE AVAILABLE FOR MY HOUR IN THAT, IN THE NOTICE, UM, REQUIREMENT IT'S WELL, LET ME GET ONTO RIGHT HERE, THE TITLE NAME, THE TITLE GROUP, TITLE IX, COORDINATORS, NAME OR TITLE, EMAIL ADDRESS, OFFICE ADDRESS, AND TELEPHONE NUMBER WILL BE POSTED ON THE WEBSITE.
SO THAT IS A REQUIREMENT, RIGHT.
BUT THEY'RE ALSO INCLUDING THEIR MOBILE NUMBER AS WELL.
AND IT SAYS TITLE, EMAIL, OFFICE, AND TELEPHONE NUMBER.
WE ALSO HAVE THE, UM, WE ALSO HAD THEIR FAX NUMBER AS WELL.
SO WENDY AND I MAY HAVE OVERLOOKED THAT THE NOTIFICATION FOR MYSELF AS A STUDENT PROCESS, I THINK WE HAVE TO MAKE EMPHASIS FOR THAT FOR TRAINING.
UM, BECAUSE IT'S A LITTLE DIFFERENT, RIGHT.
AS WELL AS HOW THE TRAINING WITH REGARD TO THE TIMELY MS. UH, RESPONSE OF RECEIPT OF THAT COMPLAINT AT THE SCHOOL SITE.
I JUST WANT TO MAKE SURE THAT EMPHASIS AT THE SCHOOL, IF YOU KNOW WHAT I'M TRYING TO SAY, POLITELY, AND THE LIMITATION OF THE AMOUNT OF PEOPLE WHO ALLOWED THE QUESTION A MINOR, IF IT IS AN ALLEGATION OF SEXUAL
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ASSAULT.AND I ALSO WANT TO POINT OUT THAT THE CODE OF FEDERAL REGULATION REQUIRES THAT A PARENT OR LEGAL GUARDIAN WHO HAS THE LEGAL AUTHORITY TO ACT ON BEHALF OF HIS OR HER CHILD MAY ACT AS THE COMPLAINANT AND FILE A COMPLAINT ON BEHALF OF HIS OR HER CHILD.
SO THE PARENT CAN FILE A COMPLAINT AS WELL, PARENT LEGAL GUARDIAN, BUT WE NEED TO LET THE SCHOOL THAT HAS TO BE REALLY HEAVILY EMPHASIZED FOR THE SCHOOL SITE.
THAT'S RIGHT NOW, THIS, IN OTHER WORDS, THEY DON'T TRIVIALIZE THAT WE WERE DATING, YOU KNOW WHAT I'M TRYING TO SAY POLITELY.
AND ALSO ONE OF THE THINGS, UM, MS. WALTON IS DOING IS SHE'S GOING TO BE, UM, ARRANGING FOR, UM, CLUSTER TRAINING SO THAT THERE ARE INDIVIDUALS IDENTIFIED IN EACH OF THE CLUSTERS, WHEN A COMPLAINT COMES IN AND THEN THEY CAN GET IN TOUCH WITH, UM, MS. SWINTON AS WELL, BECAUSE YOU KNOW, THE STUDENT MIGHT GO TO THEIR PRINCIPAL OR WHATEVER, YOU KNOW, SO WE'VE GOT TO BE VERY CAREFUL AND WE'VE GOT TO BE VERY SENSITIVE AND WE NEED TO PROTECT CONFIDENTIALITY.
SO WHAT DOES, SHOULD THE AR RECOGNIZE THE PROCEDURAL PROCESS FOR A STUDENT? IS THAT A REQUIREMENT? WOULD YOU SAY THAT AGAIN? DR.
AND I JUST TRY TO SAY WITH ONE OF MY QUESTIONS, HOW IS THE STUDENT, THIS IS AN AR, SO HOW ARE, HOW ARE THE STUDENTS GOING TO KNOW WHAT TO DO? AND I, I, MY FOLLOWUP QUESTION TO THAT TOO, WAS, DO WE EDUCATE THE STUDENTS AS TO WHAT SEXUAL HARASSMENT IS? I KNOW AS AN ELEMENTARY PRINCIPAL, EVERY YEAR DURING THE FIRST WEEK OF SCHOOL, I HAD TO GO AROUND AND MEET WITH EVERY CLASSROOM AND TALK TO THE KIDS ABOUT SEXUAL HARASSMENT.
NOW, TALKING TO KINDERGARTENERS ABOUT WHAT THAT IS, YOU KNOW, IT IS, IT IS A TOUGH ONE, BUT IT'S A TOUGH ONE.
YOU, YOU SIT DOWN WITH THEM AND YOU HAVE THIS CONVERSATION.
IF SOMEONE MAKES YOU FEEL ICKY, IF THEY TOUCH YOU, YOU KNOW WHERE TO STOP.
AND THEN, AND YOU KNOW, MS. ROBOT, YOU ARE, YOU ARE SO RIGHT ABOUT THAT.
AND I DON'T KNOW IF YOU ALL ARE FAMILIAR WITH THIS, BUT THIS IS SOMETHING THAT I ACTUALLY WORKED WITH.
UH, WHEN I WAS AT THE DEPARTMENT OF EDUCATION, THE, I BELIEVE IT'S CALLED THE COMPREHENSIVE HEALTH EDUCATION ACT.
AND THAT ACT REQUIRES THAT THERE BE TRAINING AND EDUCATION, AND IT GOES THROUGH, UM, EACH OF THE GRADE LEVELS AND HOW YOU COMMUNICATE, YOU KNOW, WHAT IS, WHAT IS, WHAT IS APPROPRIATE TOUCH? WHAT IS INAPPROPRIATE TOUCH, WHAT, UM, FOR, FOR THE DIFFERENT AGE GROUPS.
SO FOR AN ELEMENTARY CHILD IS DIFFERENT THAN A MIDDLE OR A HIGH SCHOOL SOMEWHERE ELSE THEN.
WELL, WHAT I'VE GOT IN THIS ADMINISTRATIVE REG IS THE PROCEDURE THAT THE PROCEDURE FOR ADDRESSING ALLEGATIONS OF SEXUAL HARASSMENT THAT ARE PROVIDED BY STUDENTS, BUT UNDER, YOU KNOW, HEALTH EDUCATION, UH, THAT'S PART OF, OKAY, I UNDERSTAND THAT'S PART OF WHAT IS BEING TAUGHT TO STUDENTS, BECAUSE HOW ARE THEY GOING TO, IF THEY DON'T UNDERSTAND WHAT IS APPROPRIATE OR WHAT IS INAPPROPRIATE, THEN IF THEY DON'T KNOW, THEN HOW ARE THEY GOING TO KNOW TO REPORT? SO I WAS JUST THINKING AS PART OF THE PROCESS, THE FIRST STEP WOULD BE TO EDUCATE THE STUDENTS ABOUT WHAT IT IS, AND THEN THE PROCEDURE.
AND I, THAT'S WHAT I THINK TRICIA WAS ASKING, RIGHT? THE PROCEDURE, DR.
STARTERS, DON'T LIKE SCHOOL COUNSELORS AND SOCIAL WORKERS.
AND WE TALK ABOUT MANDATORY REPORTING.
I MEAN, I DON'T KNOW HOW, AT THE BEGINNING OF THE SCHOOL YEAR, LIKE MS. ROBOT, HOW YOU SAID YOU HAD THOSE MEETINGS, LIKE, I DON'T KNOW WHAT HAPPENS AT THE BEGINNING OF THE SCHOOL YEAR AND HOW THAT'S A RESPONSIBILITY FOR, FOR THE CURRICULUM.
NOT PARTICULARLY THE PEOPLE IN THIS DEPARTMENT IN TERMS OF THAT.
IF I'M READING THIS AS A PERSON FILES A COMPLAINT WHERE THEY OBVIOUSLY KNOW WHAT THE DEFINITIONS ARE FROM WHATEVER PLACE THEY CAN GET, THEY WAS THEIR RELIGION, MOM, DAD, OR TEACHER OR SOMETHING.
AND WHEN THEY RELATE THE STORY THAT WAS INAPPROPRIATE AND DAH, DAH, AND THEY'D PROBABLY ONLY EVER GOING TO RELATE TO THE STORY, IF THEY FEEL IT'S LIKE, IT'S INAPPROPRIATE, BUT IT'S NOT THE JOB OF THIS TO GET THE PEOPLE TO THE POINT WHERE THEY MAKE THE COMPLAINT.
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YEAH, THAT'S WHAT I'M SAYING.SO THAT'S ANOTHER PROBLEM THAT YOU'RE BRINGING UP THAT WE'D HAVE TO DEAL WITH FROM A CURRICULUM OR, YOU KNOW, STRUCTURES OR SOME OTHER AVENUE, BUT TERMS OF THIS THAT'S, YOU KNOW, THERE WAS DEFINITELY ISSUES AND OTHER THINGS, UH, TO CLARIFY WHAT THE DIRECTORS OF THE, OF THE COORDINATOR WOULD HAVE TO GO BY.
THIS IS, THIS IS SO OFFICIALLY THE LANGUAGE THAT YOU'RE INVESTIGATING WITH THAT MAKES SENSE.
AND SO MY, MY CONCERN WAS JUST THAT, THAT THERE WAS THE COMPLIMENTARY PROCESS THAT SO STUDENTS, YOU KNOW, WOULD KNOW WHERE TO GO TO AND EVERYTHING LIKE THAT, OR PARENTS, BECAUSE IT'S NOT LIKE PARENTS LOOK UP IN AR.
BUT, UM, SO THAT'S, THAT WAS MY QUESTION TOO, TO DR.
STRATOS WAS JUST A COMPLIMENTARY PROCESS OR DOCUMENTATION, BUT I AGREE TOTALLY WITH YOU MR. CAMPBELL, THAT THIS IS NOT THE PLACE FOR THAT.
THESE THINGS ARE SUPPOSED TO BE PLACED ON THE WEB, ON THE WEBSITE.
THAT WAS THE GOAL LIST OF CAMPBELL AND HIS TO GO, TO HAVE THAT PATH PARENT CORNER DEVELOPED.
AS WELL AS I THINK IN THE PROCESS OF LOOKING FOR TRAINING FOR ADULTS, I THINK THAT NED HAS TO GO LARGER AND LOOK AT WHAT CURRICULUM THAT WE'RE GOING TO HAVE THAT UNIFIED THROUGH THE DISTRICT AND GRADE LEVEL APPROPRIATE.
SO THAT'S GOING TO BE SOMETHING I AM GOING TO HAVE TO AS MAYBE CARMEN, DILLARD, TO LOOK INTO IT.
I HAVE NOT SEEN SOMETHING THAT'S UPDATED TO WHAT THIS LAW IS HERE FOR HERE AND IT, SO I WANT TO MAKE SURE THAT WE'RE GETTING THE MESSAGE ACROSS BECAUSE WE HAVE DEALT WITH SOME CASES.
WELL, THE PEOPLE INVOLVED STUDENTS AND THE EDUCATORS FOR SURE NEED TO SEE, YOU KNOW, EXACT ENOUGH LANGUAGE, WE GET A LOT OF PEOPLE IN TROUBLE ASSUMING THAT THEY UNDERSTAND THE LAW.
AND EVEN WITH THE CONTEXT OF SOCIAL MEDIA, YOU KNOW, SO WE OPENED VIRTUALLY EVEN DURING THAT TIME THAT YOU KNOW, THAT IT'S AN INSTRUCTIONAL DAY, IF I'M HARASSING SOMEONE TEXTING CONTINUALLY, AND I DON'T WANT TO GO INTO THAT CLASS, WE COULD PULL INTO RIGHT INTO WHAT WAS IN PAGE ONE.
SO EXPLICIT, UH, EXPLICITLY NOTED ON THE WEBSITE BECAUSE A COUPLE OF MONTHS AGO, WHEN I FIRST HEARD ABOUT THE CHANGES COMING DOWN AND TITLE NINE, I WROTE TO DR.
RODRIGUEZ BECAUSE OUR TITLE IX COORDINATOR ON THE WEBSITE.
AND SO, I MEAN, THIS IS REALLY IMPORTANT.
LIKE MEL JUST SAID, AND WE'RE ALL SAYING IS THAT THIS INFORMATION IS THERE.
THIS AR IS WHERE OUR ADMINISTRATORS AND THE, IN THE COORDINATORS, BUT THE PARENTS ALSO NEED TO KNOW WHERE PEAR IS, GOT A PLACE ON YOUR WEBSITE.
SO THE PARENTS GET KNOWN THAT'S A LAW, BUT THE FEDERAL LAW.
AND JUST SO Y'ALL AWARE OF THIS, THIS IS SOMETHING THAT'S VERY IMPORTANT IS THAT THE TITLE NINE COORDINATOR, UM, YOU KNOW, MS. SWINTON AND MS. WALTON, AND BY THE WAY, THAT WAS MS. WALTON ON THE PHONE.
AND SHE SAID SHE WAS NOT ABLE TO BE PRESENT TODAY FOR US TO JUST, NOT ONLY DOES THAT INFORMATION NEED TO BE AVAILABLE ONLINE MATERIALS THAT ARE USED FOR ALL OF THESE ROLES, THOSE TRAINING MATERIALS YOU'LL SEE HERE.
UM, THERE IS A TITLE NINE COORDINATOR.
UM, THERE IS AN INVESTIGATOR, THERE IS A DECISION-MAKER, THERE IS, UM, AN APPELLATE REVIEW AND THOSE TRAINING MATERIALS, UM, HAVE TO BE AVAILABLE ONLINE FOR EVERYBODY TO SEE.
AND YOU'LL SEE, THIS IS ON, UM, NUMBER FIVE, WHERE IT TALKS ABOUT TRAINING.
UM, WE ARE GOING TO BE DOING, UM, VERY EXTENSIVE TRAINING IS COMING UP.
YOU'LL SEE, WE HAVE VERY SPECIFIC REQUIREMENTS, TITLE IX COORDINATORS, INVESTIGATORS DECISION-MAKERS ANY PERSON WHO HAD FACILITATES INFORMAL RESOLUTION.
THEY MUST RECEIVE TRAINING ON THE DEFINITION OF SEXUAL HARASSMENT, THE SCOPE OF WHAT IT MEANS TO BE AN EDUCATION PROGRAM ACTIVITY, HOW TO CONDUCT AN INVESTIGATION, THE GRIEVANCE PROCESS COMPLAINT, PROCESS APPEAL, INFORMAL RESOLUTION, HOW TO SERVE IMPARTIALLY, INCLUDING AVOIDING ANY PRE
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JUDGMENT OF THE FACTS AT ISSUE CONFLICTS OF INTEREST AND BIAS.THEY DECISION-MAKERS HAVE TO RECEIVE TRAINING ON ISSUES OF RELEVANCE OF QUESTIONS AND EVIDENCE.
INVESTIGATORS MUST RECEIVE TRAINING ON ISSUES OF RELEVANCE TO CREATE AN INVESTIGATOR FOR REPORT THAT SUMMARIZES RELEVANT EVIDENCE ADMINISTRATION WILL MAKE TRAINING MATERIALS USED TO TRAIN ALL THESE PEOPLE PROBABLY AVAILABLE ON THE BCSD WEBSITE AND ALL BCSD STAFF MEMBERS.
AND WE'RE, I MEAN, WE ARE INCLUDING EVERYBODY PLUS DRIVERS, EVERYBODY THAT WORKS FOR THE DISTRICT, EVERYONE WILL BE TRAINED REGARDING SEXUAL HARASSMENT PROCEDURES AND REQUIRED REPORTING PROCEDURES AS REQUIRED BY THE FEDERAL REGULATIONS.
SO THIS IS, UM, THESE ARE VERY SPECIFIC MANDATES AND REQUIREMENTS, AND THIS INFORMATION MUST BE POSTED ON OUR WEBSITE IN ONE OF THE OCR INITIATIVES FOR THE 2020, 20, 21 WHOLE YEAR, IS THAT THE OCR WILL BE CONDUCTING COMPLIANCE REVIEWS OF DISTRICTS TO ENSURE THAT THAT THE DISTRICT IS COMPLIANT NOT ONLY ON THE WEBSITE AND SHOWING THEM AND PROVIDING ALL THIS TRAINING, BUT ALSO THE DISTRICT IS REQUIRED TO KEEP ALL THESE RECORDS.
UM, FOR SEVEN YEARS, THAT OUTLINES EVERYTHING THAT HAPPENED OF COURSE HAS KEPT CONFIDENTIALLY.
AND SHE'S ALREADY BEEN WORKING VERY DILIGENTLY WITH IDENTIFYING INDIVIDUALS TO SERVE THESE ROLES, AS WELL AS DEVELOPING A DATABASE, TO KEEP ALL THIS INFORMATION.
AND, YOU KNOW, IT NEEDS TO BE LOOKED AT TO SEE, DO WE HAVE ANY RECURRENT PATTERNS OF BEHAVIOR? ARE THERE SOME KINDS OF TRENDS? SO WE HAVE TO BE VERY, UM, WE HAVE TO BE VERY CAREFUL AND DETAIL ORIENTED AND MAKE SURE THAT WE COMPLY WITH ALL THESE TRAINING REQUIREMENTS, AS WELL AS ALL THESE POSTING REQUIREMENTS AND, UM, YOU KNOW, RECORD KEEPING REQUIREMENTS.
IT'S, IT'S VERY, VERY SPECIFIC.
AND WE WERE TALKING ABOUT, YOU KNOW, HOW ALLEGATIONS ARE REPORTED AND IT CAN BE DONE, YOU KNOW, BY, IN PERSON, BY MAIL, BY TELEPHONE OR EMAIL.
AND IT C IT JUST SAYS HERE, THE REPORT CAN BE MADE AT ANY TIME, INCLUDING DURING NON-BUSINESS HOURS BY USING A TELEPHONE NUMBER OR EMAIL ADDRESS, OR BY MAIL TO THE OFFICE ADDRESS TO THE TITLE IX COORDINATOR.
SO A REPORT CAN BE MADE ANY TIME.
AND AS SOON AS THE TITLE IX COORDINATOR RECEIVES NOTICE FROM THE COMPLAINANT, THEN THOSE SUPPORTIVE MEASURES MUST BE OFFERED ACCORDING TO WHAT THE COMPLAINANT WANTS.
AND THEY'RE ALSO OFFERED TO THE, UH, RESPONDENT IN THE MATTER TOO, BUT THOSE ARE INDIVIDUALIZED SERVICES TO BE GIVEN WITHOUT CHARGE TO A COMPLAINANT OR RESPONDENT.
AND THIS CAN BE BEFORE OR AFTER THE FILING OF FORMAL COMPLAINT OR NO FORMAL COMPLAINT HAS BEEN FILED.
AND THAT CONFIDENTIALITY, YEAH.
UH, AND THIS MIGHT BE MORE TO, UH, DR.
STRATOSE, BUT, UM, UH, SO IF THIS WENT IS OUR TITLE IX COORDINATOR, UM, AND SUPPORTIVE MEASURES MUST PRO YOU KNOW, IT SAYS IT MUST PROMPTLY CONTACT THE COMPLAINANT OH, WHO IS OVERSEEING MS. WYNN AND MAKE SURE THAT EVERYTHING IS BEING DONE PROPERLY.
LIKE, SO WHAT'S THAT CHAIN OF COMMAND TO KNOW THAT I'M SORRY.
THAT WOULD BE ONE OF TWO PEOPLE, AS SOON AS THEY MAKE A DECISION.
SO STUDENT SUPPORT SERVICES COMES INTO ISD, OR SHOULD WE, SHE REMAINS IN UNDER HR.
SO, UM, RIGHT NOW WE'RE TRYING TO WORK COLLABORATIVELY, SO, OKAY.
SO PROCESS TO THEM WOULD BE THAT IF MISS WENT AND RECEIVES A RE OR SHE WOULD THEN ALERT MS. WALTON SO THAT THERE IS SOME KIND OF, OR A MONTHLY REPORT OR SOMETHING, I'M JUST, I'M JUST ASKING.
NO, I, AND, UM, WE HAVE NO CONNECTIVITY WITH YOU.
WE DON'T HAVE A CAPTAIN BALANCE.
I'M JUST TRYING TO FIGURE IT OUT MYSELF AS YOU'RE BRINGING THAT UP.
SO WOULD IT BE A SITUATION UPON US AND THAT WE PUT INTO HAVE QUARTERLY, WE VIEW WITH DISCIPLINE DATA, BUT EVEN THAT'S NOT TIMELY ENOUGH, DOES THAT MAKE SENSE? UM, BECAUSE WE PUT THAT IN, YOU KNOW, THAT'S AN SS 39, AND I'M TRYING TO THINK THAT WHERE'S THAT CHECK AND BALANCE SAY IN MY PRIOR DISTRICT,
[00:30:01]
THERE WAS A COORDINATOR THERE, THERE WAS A WHOLE ELECTRONIC SYSTEM THAT WENT THROUGH THAT.THE PRINCIPAL WAS NOTIFIED ELECTRONICALLY THAT IF, IF THE COMPLAINT WENT TO THE DISTRICT DIRECTLY AND WE HAD TO RESPOND WITHIN 24 HOURS AND VICE VERSA, IF YOU COMPLAINT THAT THE SCHOOL SITE, IT HAD TO STILL GO TO THAT DISTRICT COORDINATOR.
SO I'M TRYING TO FIGURE OUT WHAT DO WE HAVE IN PLACE THAT LENS FOR THAT TO BE EXECUTED LIKE THAT.
I MEAN, IT COULD BE IN OUR TRAINING THAT WE HAVE TO SAY UP, UP, OUT WITHIN THIS AMOUNT OF THE TIME, BUT WHERE'S THAT SYSTEM GOING BACK AND FORTH ELECTRONICALLY.
WHERE'S THE PAPER THAT'S CONCERN.
SO IF YOU COULD PULL ON THAT FOR A WHILE, BECAUSE IT MIGHT BE SOMETHING THAT COMES UP IN FRONT OF, YOU KNOW, WHEN THIS IS PRESENTED TO THE FULL BOARD.
SO I THINK WE CAN MAKE REALLY, YEAH.
WE CAN MAKE A JOT FORM THAT COULD BE PART OF THE TRAINING PACKET.
I CAN GET COLLEEN TO PUT THAT TOGETHER, UM, BECAUSE THERE HAS TO BE SOMETHING THAT GIVES READY BECAUSE THAT'S ALSO TIMESTAMPED, DOES THAT, SHOULD WE GET INTO A LITIGATE, A SITUATION AND ALSO MS. WALTON.
KEN'S WHEN WE'RE AT THE BOARD MEETING, SHE CAN TALK TO YOU ALL ABOUT THE SYSTEM SHE'S ALREADY DEVELOPING TO MONITOR AND KEEP TRACK OF ALL THESE THINGS.
I, I THINK IT'S EVERYTHING MARY, I THINK WE NEED, WE NEED ALLIES TO BE PART OF THIS ONE DAY, BUT SHE'S, I KNOW.
SHE'S NOT AVAILABLE AT THE MOMENT BECAUSE I'VE HEARD OF THAT.
SO FOR THE WORK SESSION, WHEN YOU PRESENT THIS TO THE FULL BOARD.
SO DO YOU, IT'S ALMOST A ONE 35.
UM, IF, SHOULD WE JUST CONTINUE BY SECTION, BY SECTION ON THIS? UM, I CAN, YOU KNOW, I CAN, I CAN GIVE AN OVERVIEW BECAUSE, YOU KNOW, MS. FIDRYCH AND, UH, MR. CALAMUS ROBOT, AND AS DR.
STRATUS SAID TOO, LIKE, WE HAVE BEEN MANDATED TO FOLLOW THE CODE OF FEDERAL REGULATION.
SO ALL THIS LANGUAGE THAT IS IN HERE IS REQUIRED BY THE FEDERAL LAW.
SO, UM, YESTERDAY WHEN WE TALKED ABOUT THE, UH, SEXUAL HARASSMENT WITH RESPECT TO STAFF MEMBERS, UM, YOU KNOW, ONE OF THE BOARD MEMBERS ASKED ME, DID, DID I, YOU KNOW, WOULD THESE, MY WORDS OR WHATEVER, OR WAS IT WASN'T FROM THE DISTRICT, BUT THIS IS LIKE FOR BEETHAM FROM THE CODE OF FEDERAL REGULATION.
SO, YOU KNOW, THIS IS, THIS IS SOMETHING THAT, YOU KNOW, HAS COME UP AT THE END OF MAY.
I MEAN, THIS CAME UP HERE AND THERE'S A VERY SHORT TIME FOR US TO BE ABLE TO IMPLEMENT ALL OF THESE THINGS.
AND ACTUALLY I'VE, I AM TOLD, ALTHOUGH I HAVE NOT SEEN THESE LEGAL DOCUMENTS MYSELF, BUT, YOU KNOW, I WAS TOLD THAT, UM, I THINK IT WAS AN ACL YOU, OR SOMETHING, A FILE TO TRY TO STOP THIS FROM GOING INTO EFFECT ON AUGUST 14TH.
BUT THE WAY IT IS RIGHT NOW IS THIS GOES INTO EFFECT ON AUGUST 14TH.
SO WE'RE TRYING TO MAKE SURE THAT WE'RE IN COMPLIANCE WITH THE LAW AND THAT WE ARE, UM, THE TRAINING AND WE HAVE A GROUP, UM, A LICENSE.
WE HAVE A LICENSE, THIS INSTITUTIONAL COMPLIANCE, I BELIEVE THEY'RE CALLED.
WE'RE GOING TO BE, THEY ARE GOING TO BE PROVIDING A LOT OF THIS TRAINING WITH US, UM, THAT SPECIALIZE IN, IN TITLE NINE.
SO WE WANT TO MAKE SURE THAT WE HAVE TRAINED EVERYBODY APPROPRIATELY BECAUSE THESE REQUIREMENTS ARE VERY SPECIFIC.
AND SO, SO, SO THEN WEDNESDAY, OUR QUESTIONS OR OUR THOUGHTS MIGHT BE, UM, ALONG THE LINES OF LIKE, WE'VE ALREADY STATED, HOW DOES THIS LOOK LIKE TO PARENTS AND STUDENTS? WHAT IS THE OVERSIGHT OF THIS, THE MANAGERIAL OVERSIGHT AND COMPLIANCE OF THIS.
AND SO THEN THE THIRD QUESTION I HAVE NOW GOING THROUGH THIS WORD BY WORD, BECAUSE LIKE YOU SAID, THIS IS VERY MUCH RIGHT OUT OF THE LAW.
MY THIRD QUESTION IS I GOT CONFUSED AS I WAS READING IT.
IF YOU LOOK AT SECTION SEVEN D IT MAKES NOTE OF THE GRIEVANCE PROCESS.
SO ARE WE GOING TO HAVE A GRIEVANCE FORM? AND THEN WE'RE HAVING A SEXUAL HARASSMENT FORM.
ARE WE GETTING TWO SEPARATE FORMS? AND THEY'RE BOTH CALLED GRIEVANCES.
I THINK I'M, WELL, IT'S CONFUSING TO ME TOO, BUT IT IS A COMPLAINT FORM.
SO I THINK THAT THE WORD GRIEVANCE HAS PUT IN THERE AS ALSO MEANING AS A COMPLAINT.
I MEAN, THIS, THIS IS ALREADY DIFFICULT ENOUGH AS IT IS.
THIS IS THE FORM SEXUAL HARASSMENT AND RETALIATION COMPLAINT FORM.
[00:35:01]
THE INCIDENT LOCATION, THE PERSON, THE WITNESSES, THE DOCUMENTS, EMAILS, PHONE MESSAGES, THAT'S THE FORM THAT IS USED.SO IT'S NOT AS FAR AS I CAN SEE.
I MEAN, IT'S A COMPLAINT FORM.
I KNOW THEY HAD GRIEVANCE IN HERE, BUT IT'S, IT IS A COMPLAINT AGAINST ANOTHER PERSON ALLEGING SEXUAL HARASSMENT.
SO I KNOW IT SAYS THAT ANY, IT DOES SAY GRIEVANCE PROCESS, THE COMPLAINT GRIEVANCE PROCESS.
IS THAT FORM THE SEXUAL HARASSMENT? IS THAT A MANDATED FORMER? IS THAT A DISTRICT? IT'S A FORM THAT THERE IS A FORM.
HOW DO YOU REPORT? THIS IS THE INFORMATION THAT IS PROVIDED WHEN THERE WAS A COMPLAINT WHEN SOMEBODY HAS A COMPLAINT THAT THEY HAD BEEN A VICTIM OF SEXUAL HARASSMENT.
SO AM I ONLY PLAY FOR BRINGING THIS UP? IS THAT, I THINK THAT YOU, THAT IN SECTION SEVEN D WHEN IT REF REFERENCES THE GRIEVANCE PROCESS, THE GRIEVANCE PROCESS IS A, A DIFFERENT FORM, A DIFFERENT GRIEVANCE TO WORK.
AM I EXPLAINING MYSELF, DOES ANYBODY ELSE? I THINK THAT THIS IS CAUSING CONFUSION AND IT NEEDS TO HAVE CLARITY.
SO I AGREE, BECAUSE THIS IS WHAT IS IN THE LAW, AND IT'S NOT, THIS IS A SEMANTIC, SUBSET RESPONSE TO A FORMAL COMPLAINT.
SO I THINK YOU WERE TRYING TO SAY SOMETHING TOO.
SO THE GRIEVANCE THAT'S, IT'S SEMANTICS OF THAT LANGUAGE, AND I'M WITH YOU, MRS. FRIGERATOR, THAT IS THE GRIEVANCE AFTER THE DECISION FROM PUTTING IN THE COMPLAINT AND IT IS A GRIEVANCE FILED.
NOW, LET ME, LET ME TRY TO, LET ME TRY TO EXPLAIN THIS A DIFFERENT WAY, BECAUSE THIS IS GETTING EVERYBODY CONFUSED AND IT'S ALREADY HARD ENOUGH.
IT'S ALREADY DIFFICULT IS IT'S VERY HARD FOR ME AS AN ATTORNEY, TRYING TO FIGURE OUT 2300 PAGES OF REGULATION.
THERE IS A FORMAL COMPLAINT, AND THIS IS THE RESPONSE WITH THE CODE OF FEDERAL LABOR CODE OF FEDERAL REGULATIONS IS REFERRING RESPONSE TO A FORMAL COMPLAINT.
SO, YOU KNOW, THIS IS THE RESPONSE TO THE FORMAL COMPLAINT.
SO I NEED TO SEE, AND I'M GONNA TALK, I WILL TALK WITH OFFICE OF CIVIL RIGHTS, IF IT WOULD BE APPROPRIATE.
AND, AND I'LL WRITE WITH THEM.
IF WE SAY THE BC SDS RESPONSE TO A FORMAL COMPLAINT WILL BE AS FOLLOWS, BECAUSE I DON'T WANT THIS TO GET CONFUSED WITH A GRIEVANCE PROCESS WHERE AN EMPLOYEE HAS A PROBLEM WITH ANOTHER INDIVIDUAL THAT THEY WORK WITH AND THEY HAVE A COMPLAINT AGAINST THEM FOR BEING TREATED UNFAIRLY OR FOR, I CAN'T DO, DOES THAT MAKE SENSE? BECAUSE THAT'S, THAT'S NOW IT'S LIKE THE RESPONSE AND WHAT WILL BE DONE AFTER A FORMAL COMPLAINT IS, AND THE DIFFERENCE.
SO MY QUESTION IS, I THOUGHT WE ASKED AT THE BEGINNING, WHETHER THIS ALSO APPLIED TO EMPLOYEES AND THE TITLE IS THAT IT'S REPORTS OF SEXUAL HARASSMENT OF STUDENTS.
SO STUDENTS, WE DON'T USE THE WORD GRIEVANCES WITH STUDENTS.
GRIEVANCES IS A WORD THAT WE USE WITH THEM.
SO WHAT I HAVE TO DO IS PARTICULAR JUST TO STUDENTS, THEN I REALLY, YOU KNOW, I'M NOT SURE THAT IT MATTERS, BUT WELL, I THINK WHAT'S HAPPENING HERE IS THAT THE CODE OF FEDERAL RELATIONS CODE OF FEDERAL REGULATIONS HAS BEEN CITED.
AND THIS IS THE RESPONSE TO A FORMAL COMPLAINT BEING FILED BY A STUDENT.
IF A STUDENT, LET ME TRY IT LIKE THIS, LET ME TRY TO EXPLAIN IT LIKE THIS.
A STUDENT SAYS, MR. JONES TOUCHED ME INAPPROPRIATELY, MR. JONES PUT HIS HAND UP.
MY DRESS, MR. JONES DID THIS RIGHT.
THEN WE MUST RESPOND APPROPRIATELY TO THAT.
AND WE HAVE TO FOLLOW A CERTAIN PROCEDURE WHEN THAT HAPPENS.
THAT, AND THEN OF COURSE, AND IT INVOLVES OTHER THINGS.
[00:40:01]
ABOUT THIS, THIS INVOLVES LAW ENFORCEMENT, THIS INVOLVES MANDATORY REPORTING.THIS INVOLVES ALL THESE THINGS, BUT THIS IN THE, IN THE RESPONSE TO A FORMAL COMPLAINT WITH THE OFFICE OF CIVIL RIGHTS AND USE DEPARTMENT EDUCATION IS DOING NOW IS TO ENSURE THAT THERE IS A PROCEDURE FOLLOWED SO THAT THERE IS NO BIAS.
THERE IS NO THERE'S FAIRNESS, THERE'S DUE PROCESS.
THERE ARE NO CONFLICTS OF INTEREST.
AND THAT THESE PROCEDURES TAKE PLACE BY THE COORDINATOR AND INVESTIGATOR DECISION-MAKER IT, ALL THESE PEOPLE FULFILL THE ROLES TO ENSURE THAT EVERYTHING IS DONE FAIRLY AND PROPERLY, AND THAT THERE IS A CORRECT DETERMINATION.
UM, WENDY, I THINK WE ALL UNDERSTAND THAT PART OF IT, FOR SURE.
AND IF I CAN SUMMARIZE SIGNIFICANT, SEE IS THE USE OF THE TERM, THE GRIEVANCE PROCESS, BECAUSE THIS IS GOING TO BE READ BY ADULTS AND HAVE A PARTICULAR GRIEVANCE PROCESS.
AND I'M JUST WONDERING IF IT COULD HAVE BEEN, IF THOSE WORDS COULD BE CHANGED, THE CONCLUSION OF THE COMPLAINT REPORTING OR A FORMAL COMPLAINT, PROCESS, SOMETHING YOU SAY THE GRIEVANCE.
SO THE, WE SHOULD ASK IF WE CAN SAY THE BC RESPONSE TO A FORMAL COMPLAINT.
WELL, AND THEN UNDER D AND E DON'T HAVE THAT FOR, AT THE CONCLUSION OF THE FORMAL COMPLAINT RESPONSE, THE FORMAL COMPLAINT, RESPONSE OR RESPONSE TO FORM OF COMPLAINT.
CAUSE SEE, IT'S MAKING EVERYBODY GET A TARDY, MAKING SOMETHING THAT'S REALLY DIFFICULT, EVEN WORSE.
AND I DON'T WANT THAT BECAUSE STUDENTS DON'T GO THROUGH A GRIEVANCE PROCESS, EVEN THOUGH THEY MAY BE FILING AGAINST AN ADULT, IT'S AN INVESTIGATION THAT THEN GOES INTO AN HR, RIGHT, RIGHT.
AGREEMENTS WOULD BE HR PERSON TO PERSON, ADULT, TO ADULT.
BUT IT'S, I JUST HAVE TO, I JUST HAVE TO GET PERMISSION TO TAKE THOSE WORDS AWAY.
CAUSE IT'S, IT'S IN HERE AGAIN UNDER WRITTEN NOTICE AGAIN TOO.
SO IT SHOULD SAY, NOTICE, IT SHOULD SAY NOTICE TO ME, IT SHOULD SAY, NOTICE A FORMAL COMPLAINT PROCESS.
YOU SEE WHAT I'M SAYING UPON RECEIPT? THE NOTICE MUST INCLUDE NOTICE OF THE FORMAL COMPLAINT AND PROCESS AND RESOLUTION PROCESS, YOU KNOW, IS A FORMAL COMPLAINT AND RESOLUTION PROCESS.
AND YOU THINK THAT SOUNDS A LOT BETTER AS US AND IT'S ALSO IN A COUPLE OTHER PLACES AND IT'S UNDER THREE AND IT'S UNDER FIVE, I'M MARKING ALL THE PLACES WHERE IT IS.
SO, UM, OTHER THAN THAT, I, I DID NOT SEE ANYTHING ELSE IN HERE THAT RAISED ANY FLAGS FOR ME.
UM, AND SO IS THERE ANY KATHY MR. CAMPBELL? UM, WE DON'T HAVE TO, I DON'T HURRY THROUGH THIS AT ALL JUST TO GET TO THE FOREIGN EXCHANGE STUDENT CAUSE WE DO THAT AT A DIFFERENT TIME.
SO THEN DO YOU WANT TO GO BACK THROUGH IT EACH PARAGRAPH BY PARAGRAPH, UM, MS. CARTLIDGE, UM, W WHATEVER YOU ALL WANT ME TO DO, I'M GLAD TO DO I'M I, RIGHT NOW, WHAT I'VE DONE IS I'VE LOOKED AT ROMAN NUMERAL ARTICLE SEVEN, AND I'VE CIRCLED EVERYWHERE WHERE IT SAYS GRIEVANCE PROCESS AND UNDER WRITTEN NOTICE, I'VE CIRCLED IN THE SUBS TO, I'M GOING TO SEE IF IT'S ALL RIGHT FOR ME TO DO THIS FORMAL COMPLAINT AND RESOLUTION.
THEY DON'T, INSTEAD OF SAYING GRIEVANCE, SAY AT THE CONCLUSION OF THE FORMAL COMPLAINT RESOLUTION PROCESS, TO ME, THAT SOUNDS A LOT BETTER.
OTHERWISE IT'S GETTING TOO CONFUSED AND WE DON'T WANT THAT RIGHT, MR. CANNON.
WELL, MY QUESTION WAS THE, THE, THIS COME WITH THE FAIL REG, OR DID WE PUT THAT IN THE BC AS THE GRIEVANCE PROCESS INSTEAD OF I PUT IN BCSD I DIDN'T PUT IN GRIEVANCE PROCESS.
THAT WAS IN THE, YOU KNOW, YES.
I'VE GOT A, I'VE JUST HAVE TO GO THROUGH AND FIX THIS.
I MEAN, GET, I'M JUST GONNA, I'M JUST GONNA, I'M JUST GOING TO GET PERMISSION TO SAY FORMAL COMPLAINT RESOLUTION, BECAUSE THAT SOUNDS A LOT BETTER.
NO, I THINK THAT'S JUST A GENERALIZATION.
AND I APPRECIATE Y'ALL SAYING THAT AND THANK YOU.
SO THEN ARE WE READY TO GO ON TO, UM, YOU'RE GOING TO TAKE CARE OF THAT OR ASK ABOUT THAT IN SECTION SEVEN AND EIGHT AND NINE, RIGHT?
[00:45:05]
YEAH, YEAH.IT'S OKAY IF IT'S NOTED IN SEVEN, BUT DEFINITELY, UH, YEAH.
WHAT HAPPENED TO EIGHT? NO ROOF REMOVAL.
WE'VE GOT ONE COMPLAINT THAT WE HAVE WRITTEN NOTICE OF DISMISSAL TO A FORMAL COMPLAINT SHOULD BE NUMBER EIGHT.
LET ME FIX THAT ONE, TWO, THREE, OKAY.
SO WHAT ABOUT 10? ARE THERE ANY CONCERNS ABOUT SECTION 10 LAST YEAR? THE ONLY QUESTION I HAD ABOUT NUMBER 10, THE COMPLAINT MUST BE DISMISSED.
IF THE ALLEGATIONS DID NOT OCCUR AGAINST A PERSON IN THE U S UM, THAT'S IN, THAT'S IN NAKOTA FEDERAL REGULATIONS.
I CAN'T, I CAN'T DO ANYTHING WITH IT.
I WAS JUST WONDERING THE FIELD TRIP TO EUROPE.
WHY WOULD YOU SAY U S WELL, I GUESS WEST SCHIFF.
SO WE CAN ACT ON IT ADMINISTRATIVELY THROUGH OUR WORLD.
WE WOULD STILL BE HELD TO DO ADMINISTRATIVE REVIEW AND INVESTIGATION.
UM, BECAUSE YOU KNOW THOSE OVERNIGHT, I MEAN THE, THE TWO WEEK LONG TRIPS TO EUROPE THOUGH, THERE'S GOTTA BE SOME RECOURSE.
ANYTHING ELSE IN 10? ANYBODY? NOT THAT I OKAY.
I DIDN'T PICK UP ANY OTHER THAN THAT QUESTION.
UM, 11, WHY DIDN'T YOU WANT TO SAY ANYTHING MORE ABOUT 11 OR JUST THE SPECIFIC REQUIREMENTS FOR CONDUCTING AN INVESTIGATION, PROVIDE FAIRNESS TO ALL PARTIES.
AND IT, YOU KNOW, IT HAS TIED DATE DAY DEADLINES IN IT AND ALL, AND THE, AND THE INVESTIGATOR IS NOT GOING TO BE A TITLE NINE COORDINATOR.
INVESTIGATOR'S GOING TO BE DIFFERENT.
AND THEN A NUMBER 12 DOES DETERMINE A RESPONSIBILITY BY DECISION MAKER.
THE DECISION MAKER IS A DIFF THE INVESTIGATOR SENDS EVERYTHING TO THE DECISION MAKER AND THE DECISION MAKER IS NOT THE TITLE IX COORDINATOR.
AND IT'S A SEPARATE INDIVIDUAL.
DECISION-MAKER CANNOT BE THE INVESTIGATOR OR THE TITLE IX COORDINATOR.
THAT'S WHAT I MEANT TO GET THEM FROM.
THERE'S ALREADY ASSEMBLING TEAMS. AND SHE'LL BE EXPLAINING THAT MORE AT THE WORK SESSION, HOW SHE'S WORKING WITH HER TEAM TO DEVELOP THE, I DON'T KNOW THE NAMES OF ALL THE INDIVIDUALS THAT ARE SERVING ALL THE DIFFERENT THINGS, BUT SHE'S DOING THINGS VIA CLUSTERS.
SO SHE'S GOT A REALLY GOOD PLAN IN PLACE.
THAT'D BE A DISTRICT EMPLOYEE.
I MEAN, YOU DON'T KNOW THAT AT ALL, EITHER THE DECISION-MAKER WILL BE SOMEBODY THAT WORKS AT THE DISTRICT, BUT THEY'RE THE DECISION MAKERS REQUIRED TO MEET ALL THOSE REQUIREMENTS IN ONE THROUGH SEVEN.
WELL, I MEAN, UH, I'M READING IT.
I DON'T UNDERSTAND IT THAT WAY AT ALL.
I UNDERSTAND IT THAT YOU CALL UP THE AMBULANCE AND YOU TURN IT OVER TO SOMEONE ELSE.
THE INVESTIGATOR, UH, COLLECTS THE, THE INVESTIGATION AND PROVIDES IT TO THE DECISION-MAKER.
AND THE DETERMINATION THAT HAS TO BE IN WRITING HAS TO DISCUSS ALL THESE ITEMS IN HERE.
LIKE WRITING, I MEAN, IT WAS KIND OF LIKE WRITING AN ORDER AND LIKE, IT'S LIKE BEING A JUDGE, IT'S WRITING AN ORDER AND IT'S LIKE WRITING AN ORDER.
THEY DON'T CALL IT THAT, BUT IT'S A WRITTEN DETERMINATION.
SO, SO 10 DAYS AFTER RECEIVING THAT WRITTEN DETERMINATION, UM,
[00:50:01]
EITHER ONE OF THE PARTIES, THE COMPLAINANT OR THE RESPONDENT CAN APPEAL AND THE PR THE PERSON WHO IS HERE'S, THE APPEAL CANNOT BE, YOU KNOW, OBVIOUSLY CAN'T BE THE DECISION MAKER, THE INVESTIGATOR, OR THE TITLE IX COORDINATOR, AND CAN'T HAVE A CONFLICT OF INTEREST AND RECEIVES TRAINING.AND SO THEY CAN APPEAL IF BEEN A PROCEDURE REGULARITY OR SOME NEW EVIDENCE WAS FOUND THAT WAS NOT PRESENT AT THE TIME, OR IF THEY CAN ALLEGE THERE WAS SOME TYPE OF CONFLICT OF INTEREST, BUT WENDY DOES ON A, MAYBE I'M OVER-READING, BUT AN SS 39, OUR APPEALS PROCESS, I THINK HAS A SMALLER WINDOW.
SO, BUT I UNDERSTAND THAT, BUT YOU UNDERSTAND WHAT I'M TRYING TO BRING FORWARD.
THEN OUR APPEALS PROCESS ON DISCIPLINARY ACTION IS A SHORTER WINDOW.
SO HOW DO WE, BUT THE KID, THE STUDENT MAY BE SUSPENDED.
ALL THE, I KNOW NOBODY THIS THING, AND THIS IS DIFFERENT THAN THE STUDENT DISCIPLINE, BECAUSE IN THIS CASE, I DON'T SEE IT AS SUCH AGAIN, BECAUSE IF A CHILD HAS BEEN BROUGHT UP FOR SEXUAL, UH, WHAT WOULD BE THE CONSEQUENCE NOW? YOU'RE, I MEAN, I HAVE TO LOOK AT THE STATUTE IN HARRISON, UH, DOCTORS, I THINK WHEN WE WROTE THAT UP, I THINK SOMEHOW YOU GUYS ADJUSTED THOSE NUMBERS WHEN THEY STATED THEN THAT WE NEEDED TO PUT THOSE NUMBERS BACK IN FRONT OF ME, BECAUSE IT'S A REQUIREMENT.
AND BESIDES THIS PROCESS IS WITHIN 10 DAYS.
THANK YOU, MR. CAMPBELL, BECAUSE I'M JUST THINKING WHAT HAPPENS IF THE CHILD'S BEEN SUSPENDED, THEY GOT TO SEND IT, UH, YOU KNOW, THEY GOT TO APPEAL.
IF THERE'S AN EMERGENCY REMOVAL PROCEDURE.
IF THE, YOU KNOW, IF AN INDIVIDUAL'S, UH, IF THERE'S AN IMMEDIATE THREAT TO HEALTH OR SAFETY, YOU KNOW, THAT IS IN THERE ABOUT EMERGENCY REMOVAL.
AND ALSO I DO WANT TO POINT OUT, UM, THERE CAN BE NO INFORMAL RESOLUTION OFFERED.
IF THERE IS AN ALLEGATION AND A FORMAL COMPLAINT THAT A DISTRICT EMPLOYEE HARASSED A STUDENT, THERE IS NO INFORMAL RESOLUTION.
AND THAT'S IN THE LAW, THAT'S IN THE CODE OF FEDERAL REGULATIONS.
NUMBER 14, SEE THIS, THIS PROCESS CANNOT BE USED IN THE CONTEXT OF A COMPLAINT THAT AN EMPLOYEE HARASSED, A STUDENT, WENDY, AND NUMBER 14, IT ALSO REFERENCES THE GRIEVANCE PROCESS.
THIS IS GONNA TO, I HAVE TO FIGURE OUT HOW TO DO THIS.
BECAUSE I HAVE TO GO BACK TO MY QUESTION ONE DAY AND I WANT TO, BECAUSE I'M SPEAKING STUDENT TO STUDENT, WE SAID THAT WITHIN ONE DAY IN OUR SS 39,
STRATA SAYS JUST A SUSPENSION.
STAR'S A SUSPENSION ISN'T DOESN'T MEAN IT'S GOING TO BE A COMPLAINT OF SEXUAL HARASSMENT.
I MEAN, PEOPLE WILL SUSPEND ON JUST, I'M JUST SHARING THAT WITH YOU.
SO WE'RE GOING TO HAVE TO BE VERY SPECIFIC AT THE TRAINING.
BUT I MEAN, THIS IS FOR, THIS IS THIS DEFINITION SEVERE, BUT THEY'RE GOING TO SAY, OKAY, YOU QUIET.
SO NO, NO, YOU DON'T NEED TO BE QUIET.
I WANT TO MAKE SURE THAT WE'RE ALL ON THE SAME THINKING AS SOMEONE HANDING DISCIPLINE AT A SCHOOL AND I, I DON'T WANT TO DRAG IT OUT.
THEY MAY BE THAT THEY HAVE 10 DAYS BY WHAT YOU DO UP TO, AT LEAST THE LANGUAGE SAYS WITHIN THE UP TO, OR WITHIN 10 DAYS, WE JUST HAVE TO MAKE SURE WE SAY THAT THEN EMPHASIZE THAT THEY NEED
[00:55:01]
TO BE IN ALIGNMENT TO, UH, AN APPEALS PROCESS, RIGHT.I DON'T WANT THEM THEN TO USE, WELL, IT WAS A SEXUAL HARASSMENT.
I HAVE 10 DAYS TO REVISIT THIS NOTE, BUT IT SAYS 39 SAYS WE HAVE TO LOOK AT THINGS QUICKER.
I JUST WANT US TO MAKE SURE WE TELL THE PRINCIPALS AND APS AND THEY UNDERSTAND THAT THIS PARTICULAR SEXUAL HARASSMENT IS SOMETHING AS GONNA BE VERY SEVERE PERVASIVE.
I MEAN, IT'S A VERY, LIKE, THIS IS LIKE THE DANGER ZONE HERE.
I, I THINK WENDY'S HAS GOT THE RIGHT ARGUMENT BECAUSE IT'S NOT YOUR NORMAL SS 39 SUSPENSION.
THIS IS VERY, VERY, IT'S, YOU KNOW, BLAND MOBILE AND THE FEDERAL GOVERNMENT IS PROTECTING THIS OVERALL OTHER OUTREACHES, THE CLIMATE OF THE TIME.
SO THE ADMINISTRATOR HAVE TO ADHERE TO THE FEZ REGULATION, WHICH WE HAVE WRITTEN IN THIS PARTICULAR, ER, OVER 39, BECAUSE IT IS A FEDERAL TAX PRECEDENT.
SO IN THIS PARTICULAR CASE, YES.
YOU HAVE TO GO THROUGH ALL DUE PROCESS FOR THIS, FOR SURE.
THIS, THIS PROCESS HAS DIFFERENT LEVELS AND DIFFERENT TERMS ASSIGNED TO THEM.
THERE'S AN INVESTIGATOR, THERE'S A DECISION MAKER.
THERE'S THAT? SO TO ME, THIS PROCESS IS SPECIFIC TO THE, UM, INFRACTIONS THAT ARE QUALIFIED UNDER THIS AR, WHICH WERE DEFINED SO SEVERE.
SO, SO A LESS SEVERE FORM OF SEXUAL HARASSMENT CALLING SOMEBODY'S INAPPROPRIATE NAME OR BULLYING WOULD BE UNDER ASSETS 39, RIGHT? YES, THAT'S RIGHT.
AND I STILL WANT TO MAKE SURE I CAN DO THAT FOR AN EXCHANGE FOR Y'ALL TO LET ME JUST QUICKLY TELL YOU THIS.
UM, I'VE MENTIONED ALREADY, YOU KNOW, WE HAVE TO, WE'RE ALREADY MS. WALDEN'S DONE A GREAT JOB.
SHE'S ALREADY WORKING ON HOW WE KEEP TRACK OF THESE RECORDS, HOW WE LOOK AT THEM, BUT THE DISCIPLINARY, WHAT THE REMEDIES WE JUST HAVE TO, WE HAVE TO KEEP VERY DETAILED RECORDS AS WELL AS WE HAVE TO KEEP A RECORD OF ALL OF THE SUPPORTIVE MEASURES THAT WE GAVE AS WELL.
AND, YOU KNOW, WE CAN NOT RETALIATE AGAINST ANYBODY AND WE HAVE TO KEEP CONFIDENTIAL.
THE IDENTITY OF WHO'S MADE THE REPORT, YOU KNOW, UNLESS SOME, EXCEPT FOR SOME PERMITTED UNDER PERPER WE HAVE TO, AND THEN HERE, UM, WE JUST HAVE TO KEEP THE TIMELINE FOR ALL THIS STUFF HAS TO BE WITHIN 120 DAYS.
BUT IN MOST CASES, I THINK THAT WE'RE GOING TO GET THIS RESOLVED, BUT THEN, YOU KNOW, THEY'RE GOING TO DO THE INVESTIGATION.
THEY'RE GOING TO GIVE THE NOTICE AND WE'LL GET THIS TAKEN CARE OF PRETTY PROMPTLY.
THIS HAS BEEN REALLY HARD FOR ME, YOU KNOW, AND I'M A LAWYER AND I'VE JUST, I JUST CONDENSED IT VERY WELL FOR US.
WELL, THANK YOU KNOW, AND ONE OF THE THINGS I JUST, YOU KNOW, THE TIMES ARE NOW WHERE, YOU KNOW, THINGS ARE NOT PUSHED UNDER THE RUG ANYMORE, SO IT'S ACTUALLY REALLY GOOD.
BUT CAN I JUST NOTICE, CAN I DO THAT REAL QUICK FOR AN EXCHANGE? SURE.
BUT I WAS JUST GOING TO FINISH SAYING THAT NUMBER 18 ALSO REFERENCES THE GRIEVANCE PROCESS.
YOU HAVE TO LEAVE, RIGHT? YES.
AND THAT I WILL SAFELY BACK AND DOCTORS I'VE ALREADY, I'VE ALREADY REVIEWED WITH DR.
STRATUS AND TOLD HER THAT WE DID ADD THE PROVISION AT THE END THAT GIVEN THE COVID-19 PANDEMIC AND ASSOCIATED ISSUES, INCLUDING, BUT NOT LIMITED TO CONSOLE MNE CLOSURES TRAVELED AWAY, ASKED FOR AND LOCAL STATE AND FEDERAL COURT REQUIREMENTS OF FOREIGN EXCHANGE STUDENT SHALL BE SUSPENDED FOR THE 20, 20, 20, 21 ACADEMIC YEAR.
AND, YOU KNOW, TALKING ABOUT THIS WITH, UM, STAFF, THEY REALLY WOULDN'T HAVE A CULTURAL EXCHANGE BECAUSE THE WHOLE POINT IS TO LEARN
[01:00:01]
ABOUT DIFFERENT CULTURAL PERSPECTIVES.AND WE'RE STARTING OUR SCHOOL YEAR VIRTUAL, AND WE DON'T KNOW WHAT'S GOING TO HAPPEN NEXT.
WENDY, DO YOU WANT TO GO INTO THAT? OKAY.
CAN WE, LET'S JUST, LET'S JUST FINALIZE THE FIRST DAY THEY ARE.
SO IN ORDER FOR US, UM, AS A ACADEMIC COMMITTEE TO SUPPORT BRINGING THIS TO THE, UM, THE FULL BOARD, I WOULD LIKE TO RECOMMEND TO A MALE AND KATHY, THAT WE NEED TO HAVE A KNOW THE PROCESS ABOUT HOW THE PARENTS AND STUDENTS WILL BE ABLE TO, UM, UNDERSTAND THIS, THIS NEW WAY OF DOING THINGS FOR TOTAL NINE.
WHAT THE OVERSIGHT OF THE TITLE IX COORDINATOR IS, AND THE CHANGING OF GRIEVANCE TO DIFFERENT WORDING, OR THOSE ARE THE THREE THINGS THAT WE NEED TO, UM, PRIOR TO, YOU KNOW, WE COULD RECOMMEND IT TO THE BOARD WITH THOSE THINGS BEING CONSIDERED.
MALE, WHAT ARE YOUR THOUGHTS ON THAT? ALL RIGHT.
I THINK YOU'RE ON THE RIGHT PAGE.
I DON'T NECESSARILY THINK THE COMMUNICATION WITH THE PARENTS IS ATTACHED TO THIS, BUT YOU KNOW, OTHER THAN WHAT THE FENCE REGULATED, THAT IT SHOULDN'T BE ON THE WEBPAGE.
I THINK AS A DISTRICT, WE NEED TO GET THAT INFORMATION TO PARENTS AND MY IN-LAWS, YOU KNOW, SO THEY CAN HAVE SOME INDEPENDENT KNOWLEDGE, BUT IT'S ATTACHED TO A DYSREGULATION.
I THINK IT JUST GOES WITH THE REST OF THE COMMUNICATION OF WHAT OUR DISTRICT DOES.
AND I THINK THAT'S A POINT WELL TAKEN.
UM, I GUESS MY THOUGHT WAS, UH, UH, JUST TO, UH, ASSURE THE BOARD THAT THESE THINGS HAVE BEEN THOUGHT OF AS IN RELATION TO THIS AR UM, ABOUT HOW THE PARENTS AND STUDENTS WILL KNOW WHAT THE OVERSIGHT IS, BUT FOR THE ACTUAL AR ITSELF, IT'D BE THE WORDING OF THE GRIEVANCES TO GET THE GRIEVANCE WORDING OUT OF THE ER.
[1E. IS-58 Foreign Exchange Students]
ARE YOU ABLE TO STAY ON PAST TWO O'CLOCK TO REVIEW THE FOREIGN EXCHANGE? OR SHOULD WE PUT THAT AT, TO A DIFFERENT MEETING? IS IT GOING TO TAKE IT WON'T TAKE LONG BECAUSE WE'VE, WE TALKED ABOUT IT BEFORE, SO NOT LONG, NOT LONG.SO FINDING THAT LIKE, LIKE ABOUT THE GAME, RIGHT? NO.
HOW ABOUT LIKE MAYBE 10 TO 15 MORE MINUTES? CAUSE I, I, I JUST WANT TO MAKE SURE THAT WE NOTIFY THOSE.
SO BRIEFLY HERE, UM, THIS ADMINISTRATIVE REGULATION HAS BEEN AMENDED OR REVISED.
YOU'LL SEE, IN, IN RED UNDER NUMBER TWO, UH, WHAT I'VE DONE IS I'VE, UH, CHECKED WITH, UH, US DEPARTMENT OF STATE HOMELAND SECURITY EXCHANGE VISITOR, AND I'VE INCLUDED THE LANGUAGE THAT, UM, IS NEEDED AS FAR AS THE TYPE OF VISA THAT YOU NEED TO HAVE.
AND THAT ANY ORGANIZATION UNDER THREE, ANY ORGANIZATION THAT'S SPONSORING EXCHANGE PROGRAMS HAS TO COMPLY WITH THE FEDERAL REQUIREMENTS LISTED IN THE CODE OF REGULATIONS FOR SECONDARY SCHOOL.
SO I CAN SEE WHAT SHE'S TALKING ABOUT.
UM, DO YOU WANT ME TO GO OVER THE WHOLE ARM IS OKAY.
IF WE'LL GO BACK TO THE FIRST PAGE ROBIN IT'S IN RED.
SO YOU SEE, UM, IT SAYS IT WAS, I HAD, I'D ACTUALLY REVISE THIS DOCUMENT, UM, RIGHT AFTER THANKSGIVING, BUT IT WAS NEVER ABLE TO BE DISCUSSED AT SO DECEMBER, 2019, IT WAS NEVER, YOU KNOW, BROUGHT TO YOU ALL BEFORE THAT OTHER PEOPLE COULDN'T LOOK AT IT.
BUT IN ANY CASE, IT HAS TO BE AN APPROVED FOR AN EXCHANGE PROGRAM.
IF YOU GO DOWN ROBIN UNDER ELIGIBILITY, THIS IS WHAT I WAS SAYING THAT, UM, HOMELAND SECURITY, U S DEPARTMENT OF STATE EXCHANGE PROGRAM, THOSE ARE THE REQUIREMENTS FOR THAT.
IT'S FOR A CULTURE AND EDUCATIONAL EXPERIENCE.
AND IN ORDER TO BE A SPONSORING, YEAH.
TO BE A SPONSORING ORGANIZATION, YOU HAVE TO COMPLY WITH THE CODE OF FEDERAL REGULATIONS UNDER THEIR
[01:05:01]
ROMAN NUMERAL NUMBER THREE.AND THESE ARE THE ELIGIBILITY REQUIREMENTS TO BE A FOREIGN EXCHANGE.
AND I GOT THOSE OUT OF THE LAW.
UM, AND THEN IF HE GOES ON NEXT PAGE, THEY HAVE TO BE ABLE TO, UM, BE ABLE TO BE PROFICIENT IN THE LANGUAGE OF ENGLISH.
AND THEY DO NOT GET SCHOOL CHOICE.
WHEN YOU'RE A FOREIGN EXCHANGE STUDENT, THEY HAVE TO AGREE TO COMPLY WITH ALL THE ACADEMIC ATTENDANCE AND STUDENT CODE OF CONDUCT REQUIREMENTS.
UNDER 500 PROCEDURES, THEY HAVE TO PROVIDE A BIRTH CERTIFICATE PASSPORT J ONE VISA THERE'S TRANSCRIPT HAS TO BE TRANSLATED TO ENGLISH.
THEY MUST HAVE A CURRENT IMMUNIZATION RECORD MEETING, SOUTH CAROLINA REQUIREMENTS.
MR. RAMA, IF YOU GO TO ARTICLE NUMBER SEVEN, THESE ARE SOME ADDITIONAL REQUIREMENTS FOR ENROLLMENT.
UM, THE SPONSORING ORGANIZATION WAS NOTIFIED THE HOST FAMILY AND SCHOOL PRIOR TO THEIR ARRIVAL AND WHETHER THE PLACE HAS, COULD BE FOR AN ACADEMIC SEMESTER, AN ACADEMIC YEAR, CALENDAR YEAR, AND USUALLY WITH US, THEY COME FOR A YEAR, BUT THERE MAY BE A SITUATION WHERE THEY COME FOR PART OF A YEAR.
AND THEN ON PAGE FOUR, UM, ROMAN NUMERAL 10 EXCHANGE STUDENTS SHALL NOT BE EMPLOYED ON EITHER A FULL OR PART-TIME BASIS DURING THEIR STAY, BUT MAY ACCEPT A SPORADIC OR INTERMITTENT EMPLOYMENT SUCH AS BABYSITTING OR YARD WORK, ATHLETIC ELIGIBILITY.
YOU KNOW, THEY ARE ALLOWED TO PARTICIPATE IN ATHLETICS, PURSUANT TO THE SOUTH CAROLINA HIGH SCHOOL WEEK REQUIREMENTS.
AND THAT LANGUAGE THERE UNDER ROMAN NUMERAL 11, A ONE THROUGH SIX, THAT IS FROM THE SOUTH CAROLINA HIGH SCHOOL WEEK BYLAWS SECTION 12, EIGHT, AND THEN GRADUATION, UM, BCS TO ATTEMPT TO GATHER AS MUCH COURSE INFORMATION FROM THE SENDING SCHOOL CORE SYLLABUS.
AND OF COURSE, OTHER INSTRUCTION AND DETERMINE THE COURSE CREDITS THAT BEST MATCH FOR THE STUDENT.
AND THEN UNDER, UM, THE LAST SECTION THAT BECAUSE OF COVID, UM, WE WILL BE SUSPENDING THE PROGRAM FOR THE 2020, 21, 2021 ACADEMIC YEAR, BECAUSE UNFORTUNATELY IT'S VERY DIFFICULT TO EVEN HAVE A CULTURAL EXCHANGE PLUS HEALTH AND SAFETY.
WE DON'T WANT ANYBODY TO COME HERE AND GET SICK.
SO, AND THEY DOWN AT THE BOTTOM, THERE'S A SITE TO THE CODE OF FEDERAL REGULATIONS AND SCHOOL ADMISSION IN THE BOARD POLICIES AND THE HIGH SCHOOL LEAD BYLAWS, VIRTUAL VIRTUAL PROGRAMMING.
SO BIG NON PRODUCTIVE TO HAVE A FOREIGN EXCHANGE STUDENT HERE BECAUSE A BIG PART OF IT IS SOCIALIZATION AND EXCHANGING OF THE CULTURE AND EMERGING INTO THE CULTURE.
AND THAT'S SCHOOL CULTURE WOULD BE OPEN, YOU KNOW, OPEN SCHOOL.
I AGREE WHEN DAN, YOU MIGHT NOT KNOW THIS, BUT, UM, HAS HAVE ANY OF THE, UH, PARENTS HOST FAMILIES, I SHOULD SAY THAT I'VE ALREADY APPLIED FOR THIS, THIS UPCOMING SCHOOL YEAR, OR THEY ALREADY BEEN NOTIFIED OF THIS.
I KNOW THAT, UM, MONA LISA DIXON HAS ALREADY TOLD HER, UH, FAMILIES THAT THEY'RE NOT DOING IT, BUT WHAT I WANT TO DO IS I, I NEED TO GET IN TOUCH WITH, I DON'T KNOW THE NAME OF THE ORGANIZATION.
I WILL GET THE NAME OF IT, BUT WE NEED TO LET THEM KNOW THAT WE'RE NOT GOING TO BE HAVING THE PROGRAM FOR THIS YEAR.
PLUS I DON'T, I DON'T EVEN KNOW IF ANY STUDENTS COULD EVEN GET IN HERE.
I HAVE, I HAVE FRIENDS THAT WERE SUPPOSED TO HOST ROTARY STUDENT, UM, IN HILTON HEAD AND THEIR COUNTRY HAS SAID, NO, THEY CAN'T COME.
I, SO FROM THEIR END, THEY'VE, YOU KNOW, THEY'VE BEEN NOTIFIED THAT THERE WILL NOT BE AN EXCHANGE.
AND I WILL TELL YOU ALL THAT LAST YEAR WHEN THIS COVID HIT THE SPANISH EMBASSY ISSUED A DIRECTIVE THAT ALL SPEAK SPANISH, UH, EXCHANGE TO BE RETURNED TO SPAIN WITHIN 72 HOURS.
SO, YOU KNOW WHAT I HOPE YOU REALIZE THAT WE ALL REALIZE HOW MUCH WORK THIS IS.
YOU ARE TAKING THE LAW, WHICH IS SO HARD TO UNDERSTAND AND CONDENSING IT AND ADD AND ANIL, YOU KNOW, ANALOG PUTTING IT BACK TOGETHER.
AND, UM, WE JUST GREATLY GREATLY APPRECIATE IT SO THAT, UM, OUR ADMINISTRATORS
[01:10:01]
WILL HAVE SOMETHING THAT THEY REALLY UNDERSTAND IN ORDER TO, TO CARRY OUT WHAT IS LEGAL AND RIGHT.AND Y'ALL, I APPRECIATE IT SO MUCH.
AND I WILL TELL YOU THAT AND TALKING WITH MY OTHER PROFESSIONAL COLLEAGUES, UH, WE ARE ALL, UH, VERY, UM, OVERWHELMED WITH THESE NEW TITLE IX RULES BECAUSE THEY ARE, THIS IS, THIS HAS NEVER HAPPENED.
THIS IS VERY SPECIFIC AND VERY DETAILED, AND WE'RE STILL TRYING TO GRASP OUR ARMS AROUND THE WHOLE THING.
AND I JUST, ON MY PART, LIKE, I, I THINK IT'S A REALLY WONDERFUL THING TO POST ALL THE TRAINING UP THERE AND JUST SHOW THAT WE'RE DOING EVERYTHING WE CAN TO PROTECT OUR STAFF AND OUR STUDENTS.
AND SO, BUT IT'S REALLY, IT'S REALLY HARD AND IT'S, I WANT THIS TO BE SOMETHING THAT CAN BE UNDERSTOOD IN PLAIN ENGLISH THAT PEOPLE WOULD UNDERSTAND.
BUT I WILL TELL YOU THAT THIS WALTON HAS, SHE'S A VERY ORGANIZED LADY AND SHE HAS BEEN ORGANIZING THESE THROUGH CLUSTERS AND IDENTIFYING HER TEAM AND WHO'S GOING TO BE DOING THE TRAINING.
SO IT'S DONE PROPERLY, BUT IN TALKING WITH OTHER, YOU KNOW, MY OTHER PROFESSIONAL COLLEAGUES, YOU KNOW, IT WOULD BE, UM, A VERY, UM, SEVERE, SERIOUS PERVASIVE MATTER TO GET TO THIS EXTENT OF HAVING TO DO ONE OF THESE TITLE IX, SEXUAL HARASSMENT INVESTIGATIONS.
I MEAN, IT WOULD BE, IT WOULD BE, UH, IT, IT WOULD BE, YOU KNOW, AN UNUSUAL OCCURRENCE AND I'M HOPING SOMETHING THAT REALLY DOESN'T HAPPEN.
CAUSE IT, IT WOULD BE, IT WOULD BE TERRIBLE FOR THE VICTIM AND FOR THE RESPONDENT TO, SO, BUT I LIKED THE IDEA OF THE SUPPORTIVE MEASURES.
I LIKE THAT IDEA OF TRYING TO HELP PEOPLE GET THE HELP THAT THEY NEED.
I THINK THAT'S A VERY POSITIVE THING.
AND THE PERSON THAT COMES IN, YOU KNOW, A PERSON CAN, UM, REPORT SOMETHING AND THEN SAY THAT THEY DON'T WANT TO DO A FORMAL COMPLAINT, YOU KNOW, PARENT OR LEGAL GUARDIAN COULD STILL DO THAT.
SO WHEN DID YOUR PLAN IS TO BRING BOTH OF THESE IN FRONT OF THE FULL BOARD DURING THE WORK SESSION? IS THAT CORRECT? IF THE, IF THAT'S ALL RIGHT WITH YOU ALL.
WELL, THERE'S AN AGENDA SETTING, MEETING AND ADJUST A COUPLE OF HOURS, SO RIGHT.
RICH, BUT LET ME REAL QUICKLY, I WANT TO MAKE SURE I GOT EVERYTHING THAT YOU ALL SAID.
SO I, YOU WANT TO, SHOULD I, I CAN SEND YOU, I COULD SEND OUT AN EMAIL TO YOU IF YOU'D LIKE ME TO, BUT YOU WERE, YOU WERE VERY CONCERNED ABOUT THE OVERSIGHT OF THE PROCESS AND WHO IS GOING TO BE DOING THE OVERSIGHT OF ALL OF THIS.
AND, YOU KNOW, I WILL CHECK WITH, UM, IT'S WALL ABOUT THAT.
CAUSE I KNOW SHE WILL DO THAT.
UM, AND YOU ALSO WANTED TO MAKE SURE WHICH IS KIND OF SEPARATE FROM THE AR, BUT THAT PARENTS OF STUDENTS, YOU KNOW, AS WELL AS OUR STAFF, THAT THIS IS EXPLAINED TO THEM IN AN EASY WAY THAT THEY COULD UNDERSTAND.
AND THEN AS FAR AS AN ELECTRONIC SYSTEM, I MS. WALTON, UH, WE'LL BE ABLE TO EXPLAIN TO YOU THE WAY SHE'S ALREADY GETTING THIS SET UP.
AND I ALSO WANT YOU TO KNOW THIS, THAT THIS, UM, AGREEMENT WE HAVE WITH THIS, UH, HOLD ON, LET ME TELL YOU THE DATE, WHAT WE'RE DOING, CAUSE WE WANT TO MAKE SURE WE'RE IN COMPLIANCE.
SO THE INSTITUTIONAL COMPLIANCE SOLUTIONS IS GOING TO, UM, HELP US WITH, YOU KNOW, A LOT OF THIS TRAINING.
SO, BUT, UH, THEY'RE GOING TO PROVIDE US WITH THOSE MATERIALS.
WE'LL HAVE THAT STUFF OUT ONLINE.
HERE'S WHAT'S GOING TO BE HARD FOR ME THOUGH, IS BECAUSE THE US DEPARTMENT OF EDUCATION, THEY, THEY ISSUE THE SUMMARY STATEMENT.
AND LET ME JUST TELL YOU THIS REAL QUICK, IT SAYS THESE FINAL, THIS IS LIKE A PRESS RELEASE OR ANNOUNCEMENT.
THESE FINAL REGULATIONS ARE PREMISED ON SETTING FORTH, CLEAR LEGAL OBLIGATIONS THAT REQUIRE RECIPIENTS TO PROMPTLY RESPOND.
VIGILS ARE ALLEGED TO BE VICTIMS OF SEXUAL HARASSMENT BY OFFERING SUPPORTIVE MEASURES, FILING A FAIR GRIEVANCE PROCESS TO RESOLVE SEXUAL HARASSMENT ALLEGATIONS.
WHEN A COMPLAINANT REQUEST AN INVESTIGATION OR A TITLE IX COORDINATOR DECIDES ON THE RECIPIENT'S BEHALF, THAT INVESTIGATION IS NECESSARY AND PROVIDE REMEDIES TO FIX THEM.
SO LIKE THIS PART ABOUT THE GRIEVANCE PROCESS, AND MAYBE I NEED TO PUT A NOTE IN THERE THAT THIS IS DIFFERENT THAN, YOU KNOW, THIS GRIEVANCE PROCESS IS DIFFERENT THAN THE, YOU KNOW, THE OTHER ONE OR SOMETHING LIKE THAT BECAUSE THAT'S IN THE CODE.
WHEN DID YOU WANT TO WORK IT OUT WITH A CHANGE OF WORDING? OR IF YOU CAN'T DO THAT, THEN A NOTE, YOU KNOW, THAT, THAT, YOU KNOW, THAT DIFFERENTIATES IT TOO.
SO, UM, UH, AND SO ALSO TOO, ONE DAY, IF I COULD, UH, YOU SAID SOMETHING IN THE BEGINNING OF THIS MEETING
[01:15:01]
ABOUT AN ADDENDUM, I WOULD JUST ASK THAT WHATEVER, YOU KNOW, JUST, JUST WHATEVER YOU BRING TO THE WORK SESSION IS COMPLETE.WELL, LET ME JUST ASK YOU THIS.
IT'S NOT, THIS WAS ME GOING OUT ON MY OWN NOW.
BECAUSE WHEN I READ THE CODE OF FEDERAL REGULATIONS, WHEN I READ THIS MYSELF, I WAS READING THIS AND IT SAYS UNDER TWO EIGHT SEXUAL HARASSMENT, OKAY.
SEXUAL HARASSMENT IS CONDUCTED ON THE BASIS OF SEX THAT SATISFIES ONE OR MORE OF THE FOLLOWING, RIGHT? SO WHEN I SAW SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING, IT'S NOT IN THIS POSTER FEDERALLY, THEY MAKE REFERENCE TO IT.
SO I WENT OUT AND LOOKED THAT STUFF UP ON MY OWN.
YOU SEE WHAT I'M SAYING? IT WASN'T THE MANDATE.
AND I DON'T KNOW IF I SHOULD DO, I DON'T WANT TO MAKE THIS EVEN WORSE THAN MORE COMPLICATED THAN IT ALREADY IS.
YOU KNOW WHAT I'M SAYING? LIKE THIS GOES ON ONE, TWO, THOSE, THOSE DEFINITIONS.
AND I, I WOULD NOT MAKE IT MORE COMPLICATED.
I WON'T PUT IT IN AGAIN BECAUSE IT'LL MAKE IT EVEN HARDER.
IT WILL BE INCUMBENT UPON MS. SWINTON AS THE TITLE IX COORDINATOR TO BE FAMILIAR WITH ALL OF THAT.
BUT I DON'T THINK ALL OF THAT HAS TO GO INTO IT.
CAUSE IT'LL MAKE IT EVEN HARDER.
AND I WILL TELL YOU THIS, YOU KNOW, THIS, UH, THIS WENT AND, UM, IT MAY BE NEXT WEEK, BUT SHE IS GOING, I'VE ALREADY, I'VE ALREADY DONE IT ON MY OWN.
UM, I DID THE TITLE IX COORDINATOR TRAINING BECAUSE I WANTED TO MAKE SURE FOR ME TO DO THIS ADMINISTRATIVE REGULATION FOR YOU.
I WANT TO MAKE SURE I KNEW EVERYTHING.
THAT WAS A RESPONSIBILITY OF THE TITLE NINE COORDINATOR.
SO I ATTENDED THE TRAINING AND MS. WALTON'S DOING THAT.
AND SO IT WAS MS. SWIM BECAUSE I WANTED TO MAKE SURE AND HERE UNDER THREE, TALK ABOUT IX COORDINATOR, I WANT TO MAKE SURE THAT I HAD EVERYTHING RIGHT IN HERE.
AND, UM, YOU KNOW, THE TITLE COORDINATORS, PROMPT RESPONSE, OFFERING MEASURES.
I JUST WANT TO MAKE SURE BECAUSE THIS IS, THIS IS VERY PRECISE AND VERY DETAILED.
SO MISS LINDA, SHE NEEDS TO DO THAT MANDATORY TRAINING SHE HAS, AND THEY WILL DO THAT.
IT'S ALSO MADE THAT A NOTEBOOK.
UM, I, THE COUNCIL OF SCHOOL ATTORNEYS, THERE'S A NATIONAL ORGANIZATION FOR, UM, ATTORNEYS THAT WORK IN THE AREA OF SCHOOL LAW.
AND SO I ATTENDED THEIR TRAINING.
THEY HAD A, A TRAINING, THE TITLE NINE SEXUAL MASK AND WHAT IT MEANS FOR K-12 SCHOOLS FOR THE NATIONAL SCHOOL BOARDS ASSOCIATION.
SO I ATTENDED THAT TRAINING AND THEN I LEARNED A LOT ABOUT THE CASE LAW, BUT I MADE A NOTEBOOK FROM HIS FAULT AND INTEREST.
SO THAT WOULD HELP THEM EXCELLENT.
YOU KNOW, ALL OUR EFFORTS ARE GRACIOUS, GREG, BUT I, I APPRECIATE YOU ALL SO MUCH AND I'LL TELL YOU THIS.
I WANT OUR KIDS TO BE SAFE IN SCHOOL.
I WANT THEM TO BE FREE OF ANY TYPE OF MISTREATMENT OR SEXUAL RISK BECAUSE YOU CAN'T LEARN IF YOU'RE A VICTIM OF THIS.
THANK YOU SO MUCH FOR ALL YOUR HELP.