Title IX

BOCES Title IX Procedures

Under Title IX, Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

If contacted by a potential alleged victim of sexual harassment, the Title IX Coordinator will explain the process for filing a formal complaint, which initiates an investigation into the sexual harassment allegations.

A formal complaint is a document filed by an alleged victim or signed by the Title IX Coordinator alleging sexual harassment against an individual and requesting that the BOCES investigate the allegation of sexual harassment. The formal complaint must be a written document but need not be in any specific form.

The BOCE’s Title IX Coordinator will promptly contact the alleged victim of sexual harassment and discuss the availability of supportive measures regardless of whether the alleged victim chooses to file a formal complaint or not.

Potential supportive measures shall include:

• Counseling,
• Extensions of deadlines or other adjustments,
• Modifications of work schedules,
• Mutual restrictions on contact between the parties,
• Changes in work locations,
• Leaves of absence,
• Increased security and monitoring of certain areas.

The Title IX coordinator shall discuss and determine the complainant’s wishes with respect to supportive measures.

The formal complaint investigation and process will only be triggered when the complainant files a formal complaint.

The BOCES will investigate the complaint, and make determinations regarding a complaint’s allegations using a preponderance of evidence standard.

The Title IX Coordinator, investigator, decision-maker or facilitator of an informal resolution process, if applicable, shall not have a conflict of interest or bias for or against alleged victims or the accused. Any such individual with a conflict of interest or bias shall be required to recuse himself or herself.

The roles of Title IX Coordinator, investigator, and decision-maker shall be held by different persons:

• Throughout the Title IX process BOCES will, among other things:
• Treat alleged victims and those accused equitably.
• Presume that the accused is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
• Provide reasonably prompt time frames for the conclusion of the grievance process, appeals and informal resolution process, if available.
• Describe the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that the BOCES may implement.
• Ensure that no information protected by a legal privilege such as the attorney-client privilege may be used for any purpose or be sought through disclosure unless the person holding the privilege has waived such privilege.

Upon receipt of a formal complaint, BOCES will provide written notice to the alleged victim and the accused in sufficient time to allow the accused to prepare a response before an initial interview. The written notice shall be issued no less than five (5) calendar days prior to the initial interview.

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The notice to the alleged victim and accused will include, among other items:

• Information regarding the BOCE’s grievance process and the BOCE’s informal resolution process.
• The conduct allegedly constituting sexual harassment, and if known, the identities of the parties involved in the incident, as well as the date and location of the alleged incident.
• A statement that the accused is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
• Notification that the parties may inspect and review evidence.
• Policies regarding knowingly making false statements or submitting false information during the grievance process.
•  Notification that after commencing an investigation of a formal complaint, BOCES may decide to also investigate allegations that were not included in the initial notice to the parties. In that case, the BOCES will provide notice of the additional allegations to the parties.

Upon receipt of a formal complaint, the BOCES Title IX Coordinator will assign an investigator.

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The assigned BOCES harassment investigator will:

• Gather additional information through interviews of the complainant, respondent, and witnesses and synthesize the information in a report.
• The investigator has the discretion to determine the relevance of any witness or other evidence and may exclude information in preparing the investigation report if the information is irrelevant, immaterial, or more prejudicial than informative.
•  Produce a written report that contains the relevant information and facts learned during the investigation and may include direct observations and reasonable inferences drawn from the facts and any consistencies or inconsistencies between the various sources of information. The investigator may exclude statements of personal opinion by witnesses and statements as to general reputation for any character trait, including honesty. The investigator will not make a finding or recommended finding of responsibility. The investigator’s report will include credibility assessments based on their experience with the complainant, respondent, and witnesses, as well as the evidence provided.
• The investigator’s written report will be provided to both parties and their representatives, if any.

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During the formal complaints process, the parties shall have an equal opportunity to:

• Present witnesses and to gather and present relevant evidence.
• Have others present during any grievance proceeding, including the representative of their choice who may be, but is not required to be, an attorney.
• Inspect and review all evidence obtained as part of the investigation that is directly related to the allegations in the complaint.

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Dismissal of a formal complaint will only occur when:

• The conduct alleged in the formal complaint would not constitute sexual harassment even if proved or did not occur in the BOCES education program or activity.
•  Such a dismissal does not preclude action under another provision of the recipient’s code of conduct.
•  A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the BOCES; or specific circumstances prevent the BOCES from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
• If a complaint is dismissed, the decision-maker will send written notice of the dismissal and reason(s) therefore simultaneously to the parties

Prior to issuing a written determination, the decision-maker(s) will afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.

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Following the question-and-answer process and upon receipt of the investigative report, the decision-maker shall issue a written determination. The decision-makers written determination shall address:

• The allegations,
• The procedural steps taken in the case at hand,
• The findings of fact,
• The applicability of code of conduct and local rules to the facts, and
• The result with corresponding rationale for each addressed allegation, including a determination of responsibility, disciplinary sanctions, and whether remedies to restore or preserve access will be provided.

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Following a decision-makers written determination, either party may appeal the written determination or dismissal of the complaint.

An appeal must be submitted to the Title IX Coordinator within 7 calendar days of receipt of the determination or dismissal (as applicable) and must identify all information a party wishes to have considered on appeal.  Any appeal statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.  The appeal and any response will be considered by a decision-maker other than the decision-maker who issued the determination or dismissal that is being appealed.

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Grounds for an appeal are limited to the following:

• Procedural irregularity that affected the outcome of the matter; and/or
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or
• The Title IX Coordinator, investigator(s), or any decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; and/or
• The sanction is inappropriate.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator within 30 calendar days.

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Grievance Procedures

Grievance Procedures for Complaints of Sex Discrimination (106.45)

SLL BOCES has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

Complaints

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that SLL BOCES investigate and make a determination about alleged discrimination under Title IX:

• A “complainant,” which includes:
  • a student or employee of SLL BOCES who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  • a person other than a student or employee of SLL BOCES who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in SLL BOCES’s education program or activity;
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
• SLL BOCES’s Title IX Coordinator

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

• Any student or employee of SLL BOCES; or
• Any person other than a student or employee who was participating or attempting to participate in SLL BOCES’s education program or activity at the time of the alleged sex

SLL BOCES may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

To initiate the grievance procedures under Title IX, please contact the Title IX Coordinator.

Basic Tenets of Title IX Grievance Procedures

SLL BOCES will treat complainants and respondents equitably.

SLL BOCES requires that any Title IX Coordinator, investigator, or decision maker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decision maker may be the same person as the Title IX Coordinator or investigator.

SLL BOCES presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

SLL BOCES has established the following general timeframes for the major stages of the grievance procedures:

• Initial Intake and Evaluation (as to whether alleged conduct reasonably may constitute sex discrimination and whether further investigation or dismissal is warranted): Five to seven school days from the date of request to initiate the grievance procedure.
• Investigation: Thirty to forty-five school days from the request to initiate the grievance procedure.
• Determination: Forty-five to sixty school days from the request to initiate the grievance procedure.

SLL BOCES may allow for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay:

SLL BOCES will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

SLL BOCES will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by SLL BOCES to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless SLL BOCES obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Dismissal of a Complaint

Following Initial Intake and Evaluation of a request to initiate the grievance procedures, SLL BOCES may dismiss a complaint of sex discrimination if:

• SLL BOCES is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in SLL BOCES’s education program or activity and is not employed by SLL BOCES;
• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and SLL BOCES determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• SLL BOCES determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, SLL BOCES will make reasonable efforts to clarify the allegations with the complainant.

Upon Dismissal, SLL BOCES will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then SLL BOCES will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

SLL BOCES will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then SLL BOCES will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
• The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If the dismissal is appealed, SLL BOCES will:

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decision maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the decision maker for the appeal has been trained consistent with the Title IX regulations;
• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties of the result of the appeal and the rationale for the

When a complaint is dismissed, SLL BOCES will, at a minimum:

• Offer supportive measures to the complainant as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within SLL BOCES’s education program or activity. 

Notice of Allegations

Following Initial Intake and Evaluation of a request to initiate the grievance procedures, if the matter is not dismissed and further investigation is warranted, SLL BOCES will notify the parties of the following:

• SLL BOCES’s Title IX grievance procedures (as described above) and the availability of an informal resolution process;
• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited; and
• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

If, in the course of an investigation, SLL BOCES decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, SLL BOCES will notify the parties of the additional allegations.

Investigation

SLL BOCES will provide for adequate, reliable, and impartial investigation of complaints.

The SLL BOCES is responsible for the conduct and manner of the investigation that gathers sufficient evidence to determine whether sex discrimination occurred. Parties and witnesses are expected to comply with SLL BOCES’s directives in its conducting of the investigation.

SLL BOCES will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

SLL BOCES will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

SLL BOCES will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• SLL BOCES will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence; and
• SLL BOCES will provide a reasonable opportunity to respond to the evidence; and
• SLL BOCES will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Questioning the Parties and Witnesses

SLL BOCES will provide a process that enables the decision maker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The decision maker may pose written or oral questions to either party or any witness. If the decision maker is a different person than the investigator, then the decision maker may also direct the investigator to pose follow up questions to either party or any witness.

Determination (Whether Sex Discrimination Occurred)

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, SLL BOCES will:

• Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decision maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decision maker is not persuaded under preponderance of evidence standard that sex discrimination occurred, whatever the quantity of the evidence is, the decision maker will not determine that sex discrimination occurred.
• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal;
• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people SLL BOCES identifies as having had equal access to SLL BOCES’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within SLL BOCES’s education program or activity.
• Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
• Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

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Definitions (106.2)

Section 106.2 of the 2024 amendments includes a number of definitions. When those defined terms are used, they have the meaning set forth in § 106.2.

Complainant means:

• A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
• A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Disciplinary sanctions means consequences imposed on a respondent following a determination under Title IX that the respondent violated the recipient’s prohibition on sex discrimination.

Party means a complainant or respondent.

Relevant means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged sex discrimination occurred.

Remedies means measures provided, as appropriate, to a complainant or any other person the recipient identifies as having had their equal access to the recipient’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the recipient’s education program or activity after a recipient determines that sex discrimination occurred.

Respondent means a person who is alleged to have violated the recipient’s prohibition on sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

• Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
• Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
  • The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
  • The type, frequency, and duration of the conduct;
  • The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
  • The location of the conduct and the context in which the conduct occurred; and
  • Other sex-based harassment in the recipient’s education program or activity; or
• Specific offenses.
  • Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
  • Dating violence meaning violence committed by a person:
    • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
      • The length of the relationship;
      • The type of relationship; and
      • The frequency of interaction between the persons involved in the relationship;
    • Domestic violence meaning felony or misdemeanor crimes committed by a person who:
      • Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
      • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
      • Shares a child in common with the victim; or
      • Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
    • Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
      • Fear for the person’s safety or the safety of others; or
      • Suffer substantial emotional

Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

• Restore or preserve that party’s access to the recipient’s education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or
• Provide support during the recipient’s grievance procedures or during an informal resolution process.

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