24-25 Student Handbook

Important Information

District Website
www.elps.us

Board Policies
Board Policies are available at:
https://meetings.boardbook.org/Public/Organization/1629

Contact Information 
Address:509 Burcham Dr, East Lansing, MI 48823
Main Office: (517) 333-7500
Student Services: (517)-333-7509
Athletics: (517)-333-7574

Administration 
Superintendent: Dori Leyko
Assistant Superintendent: Glenn Mitcham
Special Education Director: Dr. Precios Armstrong
High School Principal: Ashley Schwarzbek
High School Associate Principal: Quiana Davis-Lewis
High School Associate Principal: Jeff Lampi
Athletic Director: Nikki Norris
Dean of Student Success: Dorcas Shumake

5

SCHEDULE A

2024-25 SCHOOL YEAR CALENDAR

Common Dates for All Levels

August 2024

August 26 & 27 - Teacher Work Day and Professional Development No Classes K-12
August 30 - No Classes K-12

September 2024

September 2 - Labor Day Holiday No Classes K-12

October 2024

October 8 & 10 - No classes in p.m. K-12
October 11 - No School Teacher PD

November 2024

November 1 - No School Teacher PD
November 27 - 29 - Thanksgiving Holiday Break No Classes K-12

December 2024

December 23 - January 3 - Winter Holiday Break No Classes K-12

January 2025

January 6 - Classes Resume
January 20 - Martin Luther King Jr. Holiday No Classes K-12

February 2025

February 14 - No School Teacher PD
February 17 - President's Day Holiday No Classes K-12

March 2025

March 4 & 6 - Parent Conferences No Classes in p.m. K-12
March 7 - No School Teacher PD
March 21 - 28 - Spring Break No Classes K-12

April 2025

April 25 - No School Teacher PD

May 2025

May 26 - Memorial Day Holiday No Classes K-12

June 2025

June 6 - Last Student Day No Classes p.m. K-12
June 6 - Last Teacher Day

Other Dates Specific to Grade Levels

Elementary

August 28, 2024 - First Day of School - No Classes in p.m.
October 8, 10, & 15 - Parent Conferences – No Classes in p.m.
March 4, 6, & 11 - Parent Conferences – No Classes in p.m

Middle School

August 28, 2024 - First Day of School - No Classes in p.m.

High School

August 28, 2024 - First Day of School - No Classes in p.m.
January 15 - 17 - Final Exams - No Classes in p.m.
June 4 - 6 - Final Exams - No Classes in p.m.

School Hours

Elementary

Full Day - 8:45 a.m. - 3:37 p.m.
Half Day - 8:45 a.m. - 12:10 p.m.

Middle School

Full Day – 8:05 a.m. - 2:53 p.m.
Half Day - 8:05 a.m. - 11:20 a.m.
Last day - 8:05 a.m. – 11:10 a.m.

High School

Full Day – 7:45 a.m. - 2:35 p.m.
Half Day - 7:45 a.m. - 11:00 a.m.
Exam Day - 7:45 a.m. - 11:20 a.m.

Elementary Half Days (PM schedule) = 10/8/24, 10/15/24, 3/6/25, 6/6/25 Elementary Half Days (AM schedule) = 8/28/24, 10/10/24, 3/4//25, 3/11/25

Ingham ISD Common calendar dates include Winter Break - December 23, 2024 – January 3, 2025; and Spring Break – March 24 – March 28, 2025

Note: conference and exam dates are subject to adjustment.

6

Daily Schedule

Monday, Wednesday, Friday

1st Hour - 7:45 am – 8:42 am
2nd Hour - 8:49 am – 9:47 am
3rd Hour - 9:54 am – 10:51 am

Early Lunch/4th Hour

Early Lunch - 10:51 am-11:22 am
4th Hour - 10:58 am-11:55 am

4th Hour/Late Lunch

4th Hour - 11:29 am-12:26 pm
Late Lunch - 11:55 am- 12:26 pm

5th Hour - 12:33 pm – 1:30 pm
6th hour - 1:37 pm – 2:35 pm

Tuesday, Thursday

1st Hour - 7:45 am – 8:33 am
2nd Hour - 8:40 am – 9:29 am
Excel - 9:36 am – 10:23 am
3rd Hour - 10:30 am – 11:18 am

Early Lunch/4th Hour

Early Lunch - 11:18 am- 11:49 am
4th Hour - 11:25 am-12:13 pm

4th Hour/Late Lunch

4th Hour - 11:56 am- 12:44 pm
Late Lunch - 12:13 pm-12:44 pm

5th Hour - 12:51 pm – 1:39 pm
6th hour - 1:46 pm – 2:35 pm

LUNCH SCHEDULE

EARLY LUNCH:
ENGLISH - MATH - WORLD LANGUAGE/ESL- SPECIAL SERVICES - PE/HEALTH – E2020 – MVU - APPLIED TECH

LATE LUNCH:
PERFORMING ARTS - SOCIAL STUDIES - VISUAL ARTS – SCIENCE

Unless students are participating in a school activity, school staff will not provide supervision before or after these times. 

Door #1 & Door # 8 (Breakfast Entrance) Open at 7:15 am

After 7:45 am  Students should admitted via door #1

All students must exit the building at 2:50 pm unless they are under the supervision of a coach or advisor.

7

Emergency School Closing Procedures

The Superintendent, or designee may close, delay, or dismiss school, and cancel or alter any school-related activities, to protect the health, safety, and welfare of students, employees, and others. The Superintendent will endeavor to timely and accurately notify persons affected by schedule alterations. In case of bad weather and other local emergencies, please listen to any local radio or television station to be advised of school closings or early dismissals. School closings for any reason will be announced by automated call and placed on the district’s website (www.elps.us). If bad weather or other emergency occurs during the day, please listen to local media stations for possible early dismissal information.

For your child’s safety, make certain your child knows ahead of time where to go in case of an early dismissal. If we dismiss early for an emergency, all after-school functions are automatically canceled.

8

Notice of Non-Discrimination

The District does not discriminate on the basis of race, color, religion, national origin, ethnicity, sex (including pregnancy, gender identity, or sexual orientation), disability, age,  height, weight, marital or family status, veteran status, ancestry, genetic information, military status, or any other legally protected category (collectively, “Protected Classes”), in its programs and activities, and provides equal access to the Boy Scouts and other designated youth groups as required by law.

The District prohibits unlawful discrimination, including unlawful harassment and retaliation. The District will investigate all allegations of unlawful discrimination and will take appropriate action, including discipline, against any person who, following an investigation, is determined to have engaged in unlawful discrimination.

“Unlawful harassment” is verbal, written, or physical conduct that denigrates or shows hostility or aversion toward a person because of the person’s membership in a Protected Class that has the purpose or effect of: (1) creating an intimidating, hostile, or offensive environment; or (2) unreasonably interfering with the person’s ability to benefit from the District’s educational programs or activities.

• Race, color, and national origin harassment can take many forms, including, but not limited to, slurs, taunts, stereotypes, or name-calling, as well as racially motivated physical threats, attacks, or other hateful conduct. Harassment based on ethnicity, ancestry, or perceived ancestral, ethnic, or religious characteristics is considered race, color, and national origin harassment.
• Disability harassment can take many forms, including, but not limited to, slurs, taunts, stereotypes, or name-calling, as well as disability-motivated physical threats, attacks, or other hateful conduct.
• Sex-based harassment can take many forms. For the definition of sex-based harassment, including sexual harassment under Title IX, see Policies 3118 and 5202. The District’s Title IX Policy is attached to this handbook as Appendix A.

Any student who witnesses an act of unlawful discrimination, including unlawful harassment or retaliation, is encouraged to report it to District personnel. No student will be retaliated against based on any report of suspected discrimination. A student may also anonymously report an incident of unlawful discrimination. The District will investigate anonymous reports pursuant to its investigation procedures described by Policy. Minor students do not need parent/guardian permission to file complaints or participate in the formal complaint resolution process described by Policy.

If you or someone you know has been subjected to sex-based discrimination, harassment, or retaliation, you may file a report with any District employee. Formal Complaints of sexual harassment must be filed with the Title IX Coordinator:

Rulesha Glover-Payne
501 Burcham Dr. East Lansing, MI 48823
rulesha.glover@elps.us

• If you or someone you know has been subjected to disability-based discrimination, harassment, or retaliation, you may file a complaint with:

  
  Precios Armstrong
  501 Burcham Dr. East Lansing, MI 48823
  precios.armstrong@elps.us

  If you or someone you know has been subjected to any other type of unlawful discrimination, harassment, or retaliation, including unlawful conduct based on race, color, or national origin, you may file a complaint with:

  Rulesha Glover-Payne
  501 Burcham Dr. East Lansing, MI 48823
  rulesha.glover@elps.us

  A report of unlawful discrimination, including unlawful harassment or retaliation, may be made orally or in writing.

  A student found to have engaged in unlawful discrimination, including unlawful harassment or retaliation, may be subject to discipline, including suspension or expulsion, consistent with Policy 5206.

9-10

Section I: District-Wide Policies and Procedures

Attendance

Students are expected to attend school every day school is in session. Students are to arrive before the first class and stay until the scheduled end of their school day. If a student is unable to attend school, the student or parent/guardian must report that absence to the school at 517-333-7567 or email mary.fata@elps.us to explain the reason for the absence within 48 hours of the absence.

If a student arrives late, the student must sign in at the office. A student may only leave school early if the student’s parent/guardian notifies the office or the student is an emancipated minor or 18 years old. All students are required to sign out in the office.  

Students who are more than 10 minutes late will be marked UNV_T which is considered absent.

The following absences will be considered excused if they are confirmed by communication to the school from the student’s parent/guardian: religious observations, funerals, doctor/dental appointments, court dates, student illness/extended illness, pre-arranged absences.

A student who is not meeting   attendance expectations may be subject to administrative action, including but not limited to: detention, in-school suspension, parent/guardian meeting, attendance support plan, and/or truancy referral to supporting outside agencies.

The school may require documentation explaining the reason for the student’s absence if a pattern of absenteeism occurs in order to excuse future absences.

Make- Up Work

If a student’s absence is excused, they will be permitted to make up any missed work, including homework and tests. The student will be permitted the same number of days as he/she was absent to turn in the make-up work. The student is responsible for obtaining assignments from their teachers. Students who are unexcused from school will not be allowed to make up missed work unless approved by the course instructor.

Planned absences

Parents/guardians who know in advance that a student will be absent must contact the school at the earliest possible date. Students who will be absent for reasons that can be anticipated, such as routine medical appointments and school activities, must complete any work required by the teacher before the absence unless alternative arrangements are approved by the teacher in advance. Parents/guardians should make every attempt to schedule medical and other appointments outside of school hours.

Students are expected to:

• Complete all class work in advance for any absence that can be anticipated or make alternative arrangements with their teacher in advance of the absence.
• Sign out of school at the office if leaving school during the school day.
• Make up all work that is assigned by teachers for the instructional time that has been missed.

For more information, see Policy 5301

11

Books and Supplies

The District will provide free instruction to all students and will not charge a fee for materials necessary to complete required or elective courses. Families may purchase additional supplies at their own expense. The District may charge a reasonable and refundable deposit to cover damage to textbooks and supplies. A teacher may provide a list of suggested materials that students and parents/guardians may purchase. Purchasing materials is voluntary and not required for curricular activities.

Students must take care of books and other supplies provided by the District. The District may assess fees to repair or replace District property that is lost, damaged, stolen, returned in a different condition, or not returned on time.

Bulletin Boards

Space may be provided within school buildings or on school electronic media for students and student organizations to post notices about student groups. Rules for posting on bulletin boards are found in Policy 5503.

Bullying

All types of student-on-student bullying, including cyberbullying, without regard to subject matter or motivation, are prohibited. The District’s Anti-Bullying Policy is attached to this handbook as Appendix B. 

Cafeteria Rules

Closed Campus Lunch Rules (9th and 10th grade)

ELHS has a closed campus during lunch for 9th and 10th graders. During lunch, students must proceed directly to the cafeteria or designated lunch area after getting their lunch. Students shall clean the area in which they are seated, dispose of any trash in the appropriate receptacle, and exit the cafeteria to their assigned location. Students shall follow all cafeteria rules during lunch.

Open Campus Lunch Rules (11th and 12th grade) 

Students may leave campus or proceed to the cafeteria during lunch. School rules continue to apply to students who leave campus during the lunch period. The following rules shall be observed and abided by during lunch:

• Students shall choose whether they will leave campus or stay in the cafeteria during lunch each day.
• Students leaving campus must do so immediately upon dismissal from class.
• Students shall not loiter in the halls or classrooms, and shall immediately proceed to their lunch destination upon dismissal from class.
• Students who choose to stay in the school for lunch shall immediately proceed to the cafeteria. Students shall obey all cafeteria rules during lunch.
• If students are utilizing a vehicle to go to their chosen destination, students must obey all traffic laws and school rules while off campus. Drivers shall pay particular attention around the school where there is a high concentration of students leaving the building for lunch, and shall yield to pedestrians, and obey school zone speed limits. Violations of school rules that occur during lunch may result in discipline.
• If students are walking to their chosen destination, they shall obey signs and signals, and shall carefully cross streets and intersections.
• Students shall be respectful, courteous, and safe at their chosen lunch location. Students shall obey rules and laws, and shall clean up after themselves before returning to school.
• Students shall return to the school building on time.
• It is the discretion of the high school principal to revoke or reinstate open campus privileges at any time.

Cafeteria Rules (K-12)

• Students shall not save seats for other students.
• Students shall walk to lunch and not be disruptive to classes that may still be in session.
• Trays shall be stacked neatly after placing silverware in its proper container. No food shall leave the cafeteria.
• Loud talking, yelling, screaming, and other disruptions are prohibited.
• Students shall not throw food, drinks.
• Vending machines are provided for student convenience. Students shall not misuse, abuse, attempt to dismantle or cheat the machine, and must wait in line to use the machines.
• Students shall not save places in line, cut in line, or otherwise cheat or intimidate their way into line for food service.
• Students shall not leave the cafeteria until the after the appropriate bell rings, or otherwise directed by staff.
• Students shall follow the instructions of the cafeteria aides and other staff and show proper respect toward all cafeteria personnel.
• Students shall immediately become silent when staff or presenters make announcements in the cafeteria.
• Students shall report spills and broken containers to cafeteria staff immediately.
  
  

12-13

Cell Phone Use

Students may use cell phones or other electronic devices while at school, so long as they do so safely, responsibly, and respectfully, and comply with all other school rules while using the devices.

Students are personally and solely responsible for the security of their cell phones and other electronic devices. The district is not responsible for theft, loss, or damage of any cell phone or other electronic device.

Students may not use cell phones or other electronic devices while they are in locker rooms, restrooms, or any other area in which others may have a reasonable expectation of privacy.

Taking, disseminating, transferring, or sharing obscene, pornographic, lewd, or otherwise illegal photographs, video, audio, or other similar data, whether by electronic data transfer or otherwise (including via cell phone or other electronic device), may constitute a crime under state or federal law. A student engaged in any of these activities at school, at a school event, or on school-provided transportation, may be subject to discipline. A student engaged in any of these activities outside of school may be disciplined if the student’s activities substantially disrupt or negatively affect the school environment.

Cell phones are not permitted to be used during instructional time (bell to bell) in the classroom and/or in the common spaces. Students may use their cell phone during passing times, Excel, and their designated lunch time.   

School administrators and staff may confiscate a student’s cell phone or other electronic device if the student’s use or possession of a cell phone or electronic device violates Board Policy, the student code of conduct, or any applicable building or classroom rule. The building administration may require a meeting with the student and/or parent/guardian to discuss the rule violation before returning the cell phone or electronic device.

Cheating, Plagiarism, and Academic Dishonesty

Students may not cheat, plagiarize, or otherwise participate in academic dishonesty in any form. Unless specifically authorized by a teacher, prohibited behavior may include, but is not limited to:

• Obtaining, attempting to obtain, or aiding another person in obtaining credit for work by any dishonest or deceptive means.
• Copying another person’s work or answers.
• Discussing with other students the answers or questions on a test or assignment before the test or assignment has been submitted for a grade.
• Taking or receiving copies of a test.
• Using or displaying notes, “cheat sheets,” or other sources of unauthorized information.
• Using the ideas or work of another person as if they were your own without giving proper credit to the source.
• Using artificial intelligence to assist or complete an assignment or test.
• Submitting work or any portion of work completed by another person.

A student who cheats, plagiarizes, or otherwise participates in any academic dishonesty may receive no credit on that assignment or class and will be subject to discipline, up to and including expulsion.

14

Children’s Protective Services Investigations

The District will cooperate with Children’s Protective Services (CPS) during an investigation of suspected child abuse or neglect. Cooperation may include allowing CPS access to a student without parent/guardian consent if CPS determines access is necessary to complete the investigation or prevent abuse or neglect. As a matter of law, the identity of an individual who makes a report of suspected child abuse or neglect is confidential and will not be disclosed.

Classroom Behavior

Teachers may establish classroom conduct rules and procedures that students must follow.  These rules and procedures may not violate school or district policy.

Communicable Diseases

The District, in conjunction with local health department officials, may exclude students who:

• Are suspected of having a communicable disease until a physician or local health department official determines the student is no longer a risk; or
• Lack of documentation of immunity or are otherwise considered susceptible to a communicable disease until the local health department officials determine the risk of spreading the disease has passed.

Communicable diseases include, but are not limited to, diphtheria, scarlet fever, strep infections, whooping cough, mumps, measles, rubella, COVID-19, and other conditions indicated by the local and state health departments. Any removal will only be for the contagious period or as directed by the local health department.

Damage to School Property

Students who damage school property either intentionally or unintentionally may be subject to discipline and/or required to pay to replace or restore the property.

Dress and Grooming

In general, clothing should be clean and appropriate for the climate and the situation. Student dress, hair style, make up, cleanliness, or personal appearance that is a threat to the safety, health, or welfare of others; violates any statute, Policy 5101, or the Dress Code; or substantially disrupts the educational environment or that school officials reasonably forecast will substantially disrupt the educational environment, is grounds for remedial or disciplinary action.

The final decision in any situation involving inappropriate attire rests with building administrators.

Students who are dressed inappropriately will be asked to change clothing immediately. If necessary, parents/guardians will be called to bring appropriate clothing, students can use extra clothing provided by the District, or the student may be sent home to change. Repeated dress code violations may result in more severe consequences.

15

Dress Code

Students are expected to wear clothing that includes a top and bottom (or combination i.e. dress, jumper etc.) when on school property and/or in attendance at school sponsored activities.

 Clothing may not display material that:

• Is materially and substantially disruptive or that school officials can reasonably forecast will create a substantial disruption;
• Advertises, promotes, or depicts alcoholic beverages, illegal drugs, drug paraphernalia, violent behavior, or other inappropriate images.
• Is obscene, sexually explicit, indecent, or lewd;
• Incites violence;
• Contains “fighting words”;
• Constitutes a true threat of violence;
• Demonstrates hate group association/affiliation or uses hate speech targeting groups based on their membership in a protected class; or
• Displays nipples, genitals, or buttocks.

Students who represent the District at an official or school-sponsored function or public event (e.g., athletic teams, bands, choirs, and other groups) may be required to follow specific dress requirements as a condition of participation or attendance.

Driving and Parking Personal Vehicles

Student driving and parking on District property is a privilege, not a right, that may be revoked at any time. Students who drive to school must obey the following rules:

1. Students need to register their vehicles in the main office and obtain a parking pass.
2. Students may park in the school parking lot (Southeast lot off of Old HIckory)
3. Students should refrain from parking on side streets during school hours to support a positive traffic flow.
4. Students may not move their vehicles, sit in, or be around their vehicles (except during designated open lunch) during the school day without permission from administration. 
5. Students may not drive carelessly or with excessive speed on school grounds.
6. The two staff lots are off Old Hickory and just north of the tennis courts. These lots MAY NOT be used by students during the school day. Student vehicles parked in these lots may be ticketed or towed at the discretion of administration.
7. The school is not responsible for student vehicles, any possessions left in them, or anything attached to the vehicles. STUDENTS PARK THEIR VEHICLES ON OR NEAR SCHOOL PROPERTY AT THEIR OWN RISK. Students should be aware their vehicles are not protected in any way while in the parking lot, and items of value should not be left in or near the vehicle while unattended.
8. Students have no reasonable expectation of privacy in vehicles parked on school grounds. School lots may be searched by administration or police officers at any time. Students should be aware that items on school grounds are subject to view by others. Based on the reasonable suspicion standard, vehicles parked on school grounds may be subject to search. Prohibited items discovered during the course of a search may result in discipline, including, but not limited to, expulsion from school, as well as referral to law enforcement.
9. Vehicles MAY NOT be parked or located in the bus lanes or fire lanes at ANY TIME. Bus lanes and fire lanes are clearly marked. Vehicles located in these locations may be ticketed and/or towed by the police.
10. Video cameras may be active in parking lots and may be used for the purposes of investigation into student misconduct. Discipline for misconduct includes all disciplinary measures in the student discipline code and/or withdrawal of parking privileges

16

Emergency Contact Information

Parents/guardians must provide emergency information for each student enrolled in the District. The information should include the family physician’s name, contact information for parents/guardians or a responsible adult, and any necessary emergency instructions. Families must promptly inform the school if this contact information changes.

Fees

The District will not charge students a fee to participate in curricular activities. The District may charge students a fee to participate in extracurricular and non curricular activities to cover the District’s reasonable costs. The District may require students to furnish specialized equipment and clothing required for participation in extracurricular and non curricular activities or may charge a reasonable fee for the use of District-owned equipment or clothing. The activity’s coach or sponsor will provide students with information about the fees charged and the equipment or clothing required.

Food Services

Breakfast is served every school day and lunch is served every school day except when there is a half day. Please check your child’s school for his/her specific lunch time. Free or reduced applications are always available at www.lunchapp.com. Hard copies will be sent home on the first day of school and they will also be available in the school office. Parents/guardians can make deposits online at www.sendmoneytoschool.com (there is an additional fee for this option) or payments can be made at each building. Checks should be made out to: East Lansing Public Schools. If you have any questions about our district lunch or breakfast program, please call Sandy Leach at 333-7473.

17

Field Trips

Classes occasionally take field trips off school property for educational enrichment. Each student must submit a completed permission form signed by the student’s parent/guardian before being allowed to attend a field trip.

A student’s failure to comply with Board Policy, the Student Code of Conduct, or any other applicable rules or behavioral expectations while on a field trip may result in disciplinary action and removal or exclusion from the trip or future field trips.

Students who have not met academic or behavioral expectations may not be allowed to attend field trips.  

First Aid, Illness, or Injury at School

Students who feel ill or are hurt while at school should seek immediate assistance from their classroom teacher or the nearest staff member.

When the building principal or designee determines that a student is too ill or injured to remain at school, school staff will contact the student’s parent/guardian or other designated responsible adult to pick up the student from school. If the student requires immediate medical attention, the District will first attempt to contact a parent/guardian or other designated responsible adult when reasonably possible. If contact cannot be made, the building principal or designee will take any reasonable action necessary on the student’s behalf, consistent with state law.

Students showing symptoms of a communicable disease may be sent home. The District may require a statement from a licensed physician or local health official before allowing the student to return to school.

Head Lice

A student with nits within ¼ inch of the scalp or live lice may remain at school. The student will be restricted from activities that involve close head-to-head contact or sharing of personal items. The District will notify the student’s parent/guardian and provide educational materials on head lice prevention and treatment.

District personnel will not ostracize or embarrass a student with lice or nits and will maintain student confidentiality.

If a student has a persistent infestation after 6 weeks or 3 separate cases within 1 school year, the District will form a team that may include the student’s parents/guardians, teacher, social workers, or administrators to determine the best approach to resolve the issue.]

Homeless Children and Youth

The District will provide a free public education to homeless children and youth who are in the District and will afford them the educational rights and legal protections provided by federal and state law. Homeless children and youth will not be stigmatized or segregated based on their homeless status and will have the same access to services offered to students who are not homeless.

A student or parent/guardian in a homeless situation who requires assistance should contact the District’s homelessness liaison:

Precios Armstrong
501 Burcham Dr. East Lansing, MI 48823
precios.armstrong@elps.us

For detailed information about Homeless Children and Youth, see Policy 5307.

18

Immunizations

For a student entering the District for the first time or entering 7th grade, a parent/guardian must provide the building principal or designee with a certificate stating that the student has received at least 1 dose of an immunizing agent against each disease specified by the Michigan Department of Health and Human Services (MDHHS) or other responsible agency or documentation of an applicable approved exemption.

The student’s parent/guardian must provide the certificate or documentation at the time of registration, or no later than the first day of school. A parent/guardian of a student who has not received all doses of any required immunizing agent must provide the District an updated immunization certificate demonstrating that the immunizations have been completed as required by the MDHHS. The updated certificate must be provided within 4 months of the student entering the District for the first time or upon entering 7th grade. The District will not permit a student to attend school unless the parent provides evidence of immunizations or exemptions consistent with Policy 5713 and state law.

Law Enforcement Interviews

Law enforcement officers may be called to the school at the request of school administration. Students may be questioned by law enforcement consistent with Policy 5201. Students may be questioned by school officials at any time, without parent/guardian notice or consent, consistent with the District’s obligation to maintain a safe and orderly learning environment.  

Limited English Proficiency

Limited proficiency in the English language should not be a barrier to a student’s equal participation in the District’s instructional or extracurricular programs. Those students identified as having limited English proficiency will be provided additional support and instruction to assist them in gaining English proficiency and in accessing the educational and extra-curricular programs offered by the District.

Locker Use

Pursuant to Policy 5102, lockers are District property and may be made available for student use. Lockers are assigned to students on a temporary basis, and District administration may revoke a student’s locker assignment at any time. The District retains ownership of lockers notwithstanding student use.

Students have no expectation of privacy in their lockers. The building principal or designee may inspect lockers without any particularized suspicion or reasonable cause and without advance notice. Upon the request of the building principal or designee, law enforcement may assist with searching lockers.

During a locker search, student privacy rights will be respected for any items that are not illegal or violate Board Policy or building rules.

19

Lost and Found

All lost and found items are to be taken to the main office. Students may claim lost articles there. Unclaimed items may be donated to a local charity or otherwise disposed of at the conclusion of each semester.

Media Center

Students must check out materials from the media specialist or designee on duty. Each borrower is responsible for all materials checked out in the borrower’s name. Each student is responsible for any fine that accumulates on materials charged to the student. If materials are lost and not returned by the end of the semester, the student may be required to pay for the replacement cost. Students must also pay for any damage they cause to materials.

Medication

Whenever possible, parents/guardians should arrange student medication schedules to eliminate the need for administration of medication at school. When a student requires prescription or over-the-counter medication at school, the following procedures apply:

• The student’s parent/guardian must annually submit a written request and consent form as required by the District.
• A building principal or designee must request that the parent/guardian supply medications in the exact dosage required whenever feasible.
• The building principal or designee will notify the student’s parent/guardian of any observed adverse reaction to medication.
• All medications must be in the original container.

For additional information and requirements, see Policy 5703.

Asthma Inhalers and Epinephrine Auto-Injectors/Inhalers

A student may possess and use an asthma inhaler or epinephrine auto-injector or inhaler with written approval from the student’s healthcare provider and consistent with Policy 5703. A minor student must also have written permission from the student’s parent/guardian. The required documentation must be submitted to the building principal or designee. If a student is authorized to self-possess or self-administer an asthma inhaler or epinephrine auto-injector or inhaler, the building principal or designee will notify the student’s teachers and other staff as appropriate.

Additionally, the school must maintain a written emergency care plan drafted by a physician in collaboration with the student’s parent/guardian. The emergency care plan will contain specific instructions related to the student’s needs. The physician and parent/guardian should update the emergency care plan as necessary to address any changes in the student’s medical circumstances.

20

Parties

Classes may have seasonal or curriculum-related parties during the year. Students must follow all expectations and rules established by the teacher or other relevant staff during the party. Invitations for private parties and non-school-sponsored events may not be distributed in the classroom.

Outdoor Spaces Rules

Trojan TRUE values should govern activity at our outdoor spaces along with supervising staff members rules and expectations.   

Students who violate these rules may be disciplined.

Staff will supervise students when the students use outdoor spaces during the school day or as part of a school activity. At all other times and circumstances, the District does not provide supervision of its outdoor areas.

Protection of Pupil Rights

The District respects the rights of parents and their children and has adopted a Protection of Pupil Rights policy as required by law. The policy is available on the District’s website or upon request from the District’s administrative office. Parents/guardians may opt their child out of participation in activities identified by the Protection of Pupil Rights policy by submitting a written request to the Superintendent. Parents may have access to any survey or other material described in the Protection of Pupil Rights policy by submitting a written request to the Superintendent. A copy of the District’s annual notice to parents/guardians regarding the Protection of Pupil Rights Amendment is attached as Appendix C.

Public Display of Affection

Students may not engage in public displays of affection that are disruptive to the school environment or distracting to others.

Rights of Custodial and Non-Custodial Parents

Unless a parent/guardian has provided the building principal or designee with a court order that provides otherwise, District personnel will treat each parent/guardian, regardless of custody or visitation rights, the same as to accessing student records, meeting and conferring with District personnel, visiting a child at school, and transporting a child to or from school. District personnel are not responsible for enforcing visitation or “parenting time” orders.

Parents/guardians, regardless of custodial status, will be provided information about conference times so both parents/guardians may attend a single conference. The District is not required to schedule separate conferences if both parents/guardians have been previously informed of scheduled conference times.

If either or both parents’/guardians’ behavior is disruptive, staff may terminate a conference and reschedule it with appropriate modifications or expectations.

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Search and Seizure

To maintain order and discipline in school and protect the safety and welfare of students and school personnel, school authorities may search a student or the student’s personal effects (e.g., purse, book bag, athletic bag) as permitted by law and may seize any illegal, unauthorized, or contraband materials discovered in the search. As noted in “Locker Use,” student lockers and desks are school property and remain at all times under the District’s control. Student lockers and desks are subject to search at any time for any reason and without notice or consent.

School officials may use canines, metal detectors, wands, or other tools to conduct searches.

A student’s failure to permit a search and seizure may be grounds for disciplinary action. A student’s person and personal effects may be searched whenever a school official has reasonable suspicion to believe that the student possesses illegal or unauthorized materials. If a properly conducted search yields illegal or contraband materials, these items may be turned over to law enforcement.

Student Education Records

The District may collect, retain, use, and disclose student education records consistent with state and federal law. See Policy 5309 for an overview of the District’s collection, retention, use, and disclosure of student records.

Parents/guardians may inspect and review their minor child’s education records, regardless of custody status, unless a court order specifies otherwise. An eligible student (i.e., a student who is 18 years or older or an emancipated minor) may also inspect and review their education records.

Right to Request Explanation or Interpretation

A parent/guardian or eligible student may request, in writing, an explanation or interpretation of a student’s education records. School officials will respond to any reasonable request.

Right to Request Amendment of Education Records

A parent/guardian or eligible student may request that a student’s education record be amended if the parent/guardian or eligible student believes the record is inaccurate, misleading, or otherwise in violation of the student’s privacy rights as explained in Policy 5309.

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Directory Information

The District designates the following information as directory information: “Directory information” is the information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. The Board designates the following as directory information: 

a. student names; 

b. photographs, including photographs and videos depicting a student’s participation in school-related activities; 

c. grade level; 

d. participation in officially recognized activities and sports; 

e. weight and height of athletic team members; 

f. degrees, honors, and awards received.

The Board further designates District-assigned student email addresses as directory information for the limited purposes of: (1) facilitating the student’s participation in and access to online learning platforms and applications; and (2) inclusion in internal school and District email address books.

School officials may disclose “directory information” without the prior written consent of a parent/guardian or eligible student unless the parent/guardian or eligible student specifically notifies the District that the parent/guardian or eligible student does not consent to the disclosure of the student’s directory information for 1 or more of the uses for which the District would commonly disclose the information.

A Directory Information Opt Out Form is attached to this handbook as Appendix D. This form allows the parent/guardian or eligible student to elect not to have the student’s directory information disclosed for 1 or more of the listed uses. Upon receipt of a completed Directory Information Opt Out Form, school officials may not release the student’s directory information for any of the uses selected on the form.

Technology

Use of District technology resources is a privilege, not a right. Students are expected to use computers, the Internet, and other District technology resources for school-related educational purposes only. Students and their parents/guardians are required to sign and return the Acceptable Use Agreement attached as Appendix E before they may use or access District technology resources. Students who violate the District’s Acceptable Use Agreement may have technology privileges terminated or suspended and may be subject to discipline, up to and including expulsion.

East Lansing High School Technology Device Agreement

 Each ELHS student will be offered an optional technology device for the 24-25 school year. Students/Families accepting any school issued device will be responsible for the following:

 LOSS: Students will be held accountable for 100% of the cost of a lost device or cable.

DAMAGES: Students will be fined 100% of the cost of user-caused damages. There is no fine for equipment failure.

FEES: Figures listed below represent a depreciated price*:

• Samsung Chromebook Replacement Cost:  $100.00
• HP Chromebook Replacement Cost: $250.00
• Charging Cable Replacement Cost: $15.00
• Damage to screen: $25.00
•  Damage to keyboard: $25.00
• Damage to device body:  Full replacement cost

 If a fee is applicable, students/families will be notified and the fee will remain on the student record until paid. Failure to pay any fines may result in loss of privileges.

PAYMENT: Payment must be made in the Media Center or online athttps://payments.efundsforschools.com/v3/districts/56455

Please contact the building administration if payment poses a hardship.

REPAIR: Any device in need of repair must immediately be returned to the building Media Center where it will be assessed and repaired or replaced.

EXIT OR TRANSFER: All devices must be returned to the school Media Center PRIOR to exiting or transferring districts.

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Transportation Services

School Vehicle Rules

Riding in school vehicles is a privilege, not a right. Students must comply with the following rules and all school conduct rules and directives while riding in school vehicles. In addition, students must comply with the Student Code of Conduct while in school vehicles.

When in school vehicles, the following rules apply:

1. Students must promptly comply with any directive given by the driver.
2. Students must wait in a safe place for the vehicle to arrive, clear of traffic and away from where the vehicle stops.
3. Students may not fight or engage in bullying, harassment, or horseplay while riding or waiting for school vehicles.
4. Students must remain seated and keep aisles and exits clear while the vehicle is moving.
5. Students may not throw or pass objects on, from, or into vehicles.
6. Students may not use profane language, obscene gestures, tobacco, alcohol, drugs, or any other controlled substance on the vehicles.
7. Students may not carry weapons, look-a-like weapons, hazardous materials, nuisance items, or animals onto the vehicle.
8. Students may not open windows without the driver’s permission. Students may not dangle body parts or other items (e.g., legs, arms, backpacks) out of the windows.
9. Students must respect the rights and safety of others at all times.
10. Students must help keep the vehicle clean, sanitary, and orderly. Students must remove all personal items and trash upon exiting.
11. Students may not vandalize or intentionally cause damage to the vehicle.
12. Students may not leave or board the vehicle at locations other than the assigned stops at home or school unless approved prior to departure by the superintendent or designee.

Video cameras may be placed on vehicles and buses to monitor student behavior on the vehicle/bus. Exceptions or modifications to these rules may be made as necessary to accommodate a student with a disability.

School Vehicle Misconduct Consequences

Students who violate the school vehicle rules will be referred to the building principal for discipline. Disciplinary consequences may include parent/guardian notification, suspension of vehicle/bus riding privileges, exclusion from extracurricular activities, in-school suspension, and suspension or expulsion.

These consequences are not progressive and school officials have discretion to impose any listed consequence they deem appropriate in accordance with state and federal law and board policy.

Records of vehicle misconduct will be forwarded to the appropriate building principal and will be maintained in the same manner as other student discipline records. Reports of serious misconduct may be reported to law enforcement.

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Video Surveillance and Photographs

The District may monitor any District building, facility, property, bus, or vehicle with video recording equipment other than areas where a person has a legally recognized and reasonable expectation of privacy (e.g., restrooms and locker rooms). Except in those school areas, a person has no expectation of privacy.

The District may use video recordings for any lawful purpose, including student discipline, assisting law enforcement, or investigations.

Students may not make recordings: on school property; when on a vehicle owned, leased, or contracted by the District; or at a school-sponsored activity or athletic event unless otherwise authorized by Policies 5210 or 5805, applicable law, or a District employee.

Withdrawal From School

Students who are transferring from the District must submit written notice to the building principal at least 1 week before the withdrawal.

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Section II: Academics

To encourage students and parents/guardians to stay apprised of student academic information, grades, attendance, and other information, parents and guardians can access this information via PowerSchool.

To register for visit https://elps.us/our-district/prospective-families/online-enrollment/, or contact registrar Bonnie Mcgraw at 333-7508 .

Course Description Guide

For full details on academic policy, scheduling procedures, and curriculum information please visit the ELHS course description guide:   

https://elps.us/downloads/elhs_-_student_services/course_description_handbook_2023-24_master_edits_3.16.23.pdf

Commencement

The district may conduct a commencement ceremony for eligible students at the end of the school year. Participation in the ceremony is a privilege, not a right. Minimum credit requirements for students to walk at commencement are established by high school administration. Students may be prohibited from participating in the ceremony as a consequence for misconduct. A student’s disqualification from participating in the commencement ceremony does not impact the issuance of a diploma to the student, provided that all graduation requirements have been satisfied.

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Credits and Graduation Requirements

A student must successfully complete all graduation requirements to earn a high school diploma.

A minimum of 22 credits, as distributed below is required for graduation.

Mathematics - 4 Credits

• Algebra I
• Algebra II
• Geometry
  At least one math course must be taken during the student's senior year. *

English Language Arts - 4 Credits

• English I
• English II
• English III
• 4th credit in English

Science - 3 Credits

• Biology
• Chemistry OR Physics
• Additional 1 credit of science**

Social Studies - 3 Credits

• World Civilizations (includes Geography)
• US History (includes Geography)
• Economics (0.5 credit)
• Civics (0.5 credit)

Physical Education & Health - 1 Credit

• Intro. to Physical Education (0.5 credit)
• Health (0.5 credit)

Visual, Performing, and Applied Arts - 1 Credit

• One credit hour must be taken Visual, Performing, and/or Applied Arts***

Additional Electives

• Options to satisfy this requirement are listed in the Course Description Book.  Students should refer to their Educational Development Plan (EDP) in completing the balance of their requirements

Additional Requirements

• Online learning requirement (20 hours) as required by the Michigan Department of Education.  This may be satisfied through grades 6-12 course content.
• Participation in the Michigan Merit Exam (MME) During the student's junior year is required for graduation.
• A cumulative grade point average (GPA) of 1.8 is required for graduation. 

World Language (Class of 2016 and thereafter)

• All students are required to complete 2 years of world language prior to graduation.

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Dual Enrollment

Students in grades 9 and above may be eligible to dually enroll in college classes to obtain high school and college credit. Please contact your assigned counselor or see the ELHS course description guide for information about enrollment eligibility, charges paid by the District, eligible institutions, and other matters related to dual enrollment.

Grades

Report cards will be issued at least once each quarter.  The Superintendent or designee will develop and implement student grading guidelines to be used by teachers. The objective of grades is to quantify and report each student’s academic achievement.

Homework

Classroom teachers may assign homework. Parents/guardians who have questions about homework or concerns about class work should contact their student’s teacher.

Each student is expected to spend time preparing for classes outside of school hours. The amount of time that is needed will depend upon each student and each class.

Personal Curriculum

For some students, it may be appropriate to modify the Michigan Merit Curriculum through implementation of a personal curriculum. All students who have completed 9^th grade are entitled to a personal curriculum, and the District will implement a personal curriculum for a student if requested by a parent/guardian or by the student if the student is age 18 or older. Any modification to the Michigan Merit Curriculum must be consistent with Michigan law and must incorporate as much of the Michigan Merit Curriculum content standards as practicable for the student. The District retains discretion to determine what modifications to the Michigan Merit Curriculum are appropriate for a particular student through a personal curriculum. A student who successfully completes an approved personal curriculum will earn a regular high school diploma.

To request a personal curriculum, please contact your student’s counselor.

For additional information about the Michigan Merit Curriculum and Personal Curriculum, see Policy 5409.

Placement

The District has the sole discretion to make promotion, retention, and placement decisions for its students, consistent with state and federal law. The District may consider parent/guardian requests that a student be placed in a particular classroom, building, educational program, or grade. The District’s placement decision is final.

Students with Disabilities

Eligible students with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act are entitled to a free appropriate public education. The District will follow state and federal law and applicable rules and regulations in identifying, locating, evaluating, and educating students with disabilities.

A parent/guardian who believes their student is eligible for special education or accommodations due to a disability or suspected disability should contact Precios Armstrong at precios.armstrong@elps.us

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Testing Out

A student may test out of high school classes and earn credit. Students interested in testing out of a class should review Policy 5409 and make arrangements with their assigned counselor.

Work Permits

Information about work permits is available in the main office, you may contact 333-7500 with additional questions.

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Section III: Student Clubs, Activities, and Athletics

Students are encouraged to participate in the various student clubs, activities, and athletics offered by the District.

A student’s failure to comply with Policy, the Student Code of Conduct, or any other applicable rules or behavioral expectations while participating in or attending a student club, activity, or athletic competition, meeting, event, or practice, may result in disciplinary action.

Extracurricular Activities

Participation in extracurricular activities is a privilege, not a right. Students are encouraged to participate in extracurricular activities. Participation is open to students who meet the eligibility requirements established by the District and any applicable governing body.

The District has exclusive control over extracurricular activities including, but not limited to, formation, naming, structure, operation, financing, and discontinuance.

Student athletes are also subject to the Athletic Code of Conduct (see Appendix F) and any applicable team rules.

For more information, see Policy 5507.

Student-Initiated Non-Curricular Clubs

Students may voluntarily form clubs that are not directly related to the school curriculum to promote activities unrelated to curriculum. Membership in a student-initiated, non-curricular club must be open to all interested and eligible District students, and the club may not refuse membership to a student based on any protected classification under state or federal law.

For more information about student-initiated non-curricular clubs, including how to form a club, see Policy 5510.

Transportation To/From Extracurricular Activities

The District may provide transportation to students who participate in school-sponsored events. If District-provided transportation is available, students must ride to and from those events in a school vehicle unless otherwise excused by the activity sponsor.

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Section IV: Discipline and Code of Conduct

Discipline Generally

The District may discipline students who engage in misconduct, up to and including suspension or expulsion from school.

The District will take steps to effectively discipline students in a manner that appropriately minimizes out-of-school suspensions and expulsions. The District will comply with applicable laws related to student discipline, including the consideration of specific factors and possible use of restorative practices.

If an administrator determines that an emergency requires the immediate removal of a student from school, the administrator may contact the student’s parent/guardian or local law enforcement or take other measures to have the student safely removed from school.

Students who are involved in extracurricular activities and engage in misconduct may face consequences related to the activity in addition to the consequences provided in this handbook.

The District reserves the right to refer to an appropriate non-school agency any act or conduct which may constitute a crime. The District will cooperate with those agencies in their investigations as permitted by law.

The District’s rules and policies apply to any student who is on school property or school-affiliated transportation, who is in attendance at school or at any school-sponsored activity or function, or whose conduct at any time or place directly interferes with the operation, discipline, or general welfare of the school, regardless of location, date, or time.

Forms of School Discipline & Applicable Due Process

After-School Detention

Teachers and administrators may require students to stay after school to serve a detention when the student violates any of the rules contained in this handbook or violates classroom-specific conduct rules set by individual teachers.

Students who ride the bus home from school will be given a 24-hour notice of detention so that parents/guardians may make transportation arrangements for the student the following day.

Saturday School

The building administrator may require a student to attend Saturday School. Students follow strict rules and must work on assignments the entire time, except for short breaks. Students who do not follow Saturday School rules will be removed and will face further disciplinary action.

In-School Suspension

The building administrator may require a student to serve in-school suspension, during which students follow strict rules and must work on assignments the entire time, except for short breaks. Students not completing their In-School Suspension will face further disciplinary action.

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Removal for 5 or Fewer School Days

Before a student is suspended for 5 or fewer school days, an administrator will: (1) provide the student verbal notice of the offense the student is alleged to have committed, and (2) provide the student an informal opportunity to respond and explain what happened. Except in emergency circumstances, an administrator will not suspend the student unless, after providing the student notice and an opportunity to explain, the administrator is reasonably certain that the student committed a violation of the Student Code of Conduct and that suspension is the appropriate consequence. The building administrator will consider the 7 factors provided in the Student Code of Conduct before suspending a student.

Removal for More than 6 and Fewer than 10 School Days

Before a student is suspended for more than 6 school days but less than 10 school days, the Superintendent or designee will provide the student and family with: (1) written notice of the offense the student is suspected to have committed; (2) an explanation of the evidence relied upon by the District in arriving at the conclusion that disciplinary action may be warranted; and (3) an opportunity for a hearing at which the student may present evidence and witnesses to show that the student did not commit the alleged offense or that suspension is not an appropriate consequence.

The Superintendent or designee will provide the parent/guardian or student at least 3 calendar days’ notice before the hearing. The parent/guardian and student may be represented, at their cost, by an attorney or another adult advocate at the hearing.

The Superintendent or designee will not suspend the student unless, following the hearing, he or she is convinced by a preponderance of the evidence that the student committed a violation of the Student Code of Conduct and that suspension is the appropriate consequence. The Superintendent or designee will consider the 7 factors noted in the Student Code of Conduct before suspending a student.

Removal for 10 or More School Days  

Before the Board suspends or expels a student, the Superintendent or designee must provide the student and/or parent/guardian with: (1) written notice of the offense the student is suspected to have committed; (2) an explanation of the evidence relied upon by the District in arriving at the conclusion that disciplinary action may be warranted; and (3) an opportunity for a Board hearing at which the student may present evidence and witnesses to show that the student did not commit the suspected offense or that suspension or expulsion is not an appropriate consequence.

The Superintendent or designee will provide the parent/guardian and/or student at least 3 calendar days’ notice before the hearing. The parent/guardian and student may be represented, at their cost, by an attorney or another adult advocate at the hearing.

The Board will not suspend or expel the student unless, following the hearing, a majority of the Board finds by a preponderance of the evidence that the student committed misconduct that should result in suspension or expulsion under either the Student Code of Conduct or Board Policy and that suspension or expulsion is the appropriate consequence. The Board will consider the 7 factors noted in the Student Code of Conduct before suspending or expelling a student. The Board’s decision is final.

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Policy 3118 Title IX Sexual Harassment

Series 3000: Operations, Finance, and Property

3100 General Operations

3118 Title IX Sexual Harassment

Consistent with Policy 3115, the District prohibits unlawful sex discrimination, including harassment and retaliation, in any of its education programs or activities in accordance with Title IX of the Education Amendments of 1972 and its implementing regulations.

This Policy addresses allegations of Title IX sexual harassment that occurred on or after August 14, 2020 unless the District previously investigated the allegations under a different policy pursuant to the now-vacated Title IX 2024 regulations. Allegations of discrimination, harassment, or retaliation not covered by this Policy should be addressed under the District’s applicable non-discrimination or anti-harassment policies. Allegations alleging both Title IX sexual harassment and other forms of Unlawful Discrimination and Unlawful Harassment (e.g., race, age, disability) Complaints that include allegations of Title IX sexual harassment may be investigated under this Policy or bifurcated and investigated pursuant to the applicable Grievance Procedure under Policies 3115-3115H. Investigating other forms of discrimination, including harassment and retaliation, pursuant to this Policy will fulfill the District’s investigation requirements under Policies 3115-3115H, 4104, and 5202, but nothing in this paragraph limits the District’s right to determine at any time that a non-Title IX allegation should be addressed under Policies 3115-3115H, 4104 or 5202 or any other applicable Policy.

The Board directs the Superintendent or designee to designate one or more employees who meet the training requirements in Section M of this Policy to serve as the District’s Title IX Coordinator(s). The Title IX Coordinator will designate an Investigator, Decision- Maker, and Appeals Officer, if applicable, for each Formal Complaint made under this Policy. If a Formal Complaint is made under this Policy against the Title IX Coordinator, the Board President will designate the persons who will serve as the Investigator, Decision-Maker, and Appeals Officer and will work with District administrators to ensure that all other requirements of this Policy are met.

The Investigator, Decision-Maker, Appeals Officer, and Informal Resolution Facilitator cannot be the same person on a specific matter, and the persons designated to serve in those roles may or may not be District employees. Any person serving as the Investigator, Decision-Maker, Appeals Officer, or Informal Resolution Facilitator must meet the training requirements in Section M of this Policy.

Inquiries about Title IX’s application to a particular situation may be referred to the Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.

A. Definitions

For purposes of this Policy only, the below terms are defined as follows:

1. “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

a. A District employee conditioning the provision of a District aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

b. Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or

c. “Sexual assault” as defined in in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8), or “stalking” as defined in 34 USC 12291(a)(30).

i. “Sexual assault” is an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. It includes unlawful sexual intercourse (including incest and statutory rape) and any sexual act, including rape, sodomy, sexual assault with an object, or fondling, directed against another person without the consent of that person, including when that person is incapable of giving consent.

A)  Rape: (Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

B)  Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

C)  Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

D)  Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

E)  Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

F)  Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent

ii. “Dating violence” means violence committed by a person who is or has been in a romantic or intimate relationship with the Complainant. The existence of such a relationship is based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship

iii.  “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, person with whom the Complainant shares a child, person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan; or any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Michigan.

iv.  “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.

2. “Actual Knowledge” means notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator or any District employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only District employee with actual knowledge is the Respondent.

3. “Appeals Officer” is the person designated by the District to decide appeals of a dismissal or determination of responsibility for matters investigated under this Policy. The Appeals Officer may not be the same person as the Investigator, Title IX Coordinator, Decision-Maker, or person designated to facilitate an informal resolution process on a specific matter.

4. “Complainant” is a person who is alleged to be the victim of conduct that could constitute Title IX sexual harassment.

5. “Consent” means a voluntary agreement to engage in sexual activity by a person legally capable of consenting. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent. Sexual conduct or relationships between District employees, volunteers, or contractors and students, regardless of age or consent, are prohibited.

6. “Day,” unless otherwise indicated, means a day that the District’s central office is open for business.

7. “Decision-Maker” is the person designated by the District to review the investigation report and provide a written determination of responsibility that provides the evidentiary basis for the Decision-Maker’s conclusions. The Decision-Maker may not be the same person as the Investigator, Title IX Coordinator, Appeals Officer, or person designated to facilitate an informal resolution process on a specific matter.

8. “Education Program or Activity” means any location, event, or circumstance over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred.

9. “Formal Complaint” means a written document or electronic submission signed and filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the sexual harassment allegation.

10. “Grievance Process” is the process by which the District investigates and determines responsibility for Formal Complaints.

11. “Investigator” is the person designated by the District to investigate a Title IX Formal Complaint. The Investigator cannot be the same person as the Decision-Maker, Appeals Officer, or person designated to facilitate an informal resolution process on a specific matter. The Title IX Coordinator may serve as the Investigator on a particular investigation, unless the Title IX Coordinator has a conflict of interest or bias.

 12. “Report” means an account of alleged Title IX sexual harassment made by any person (regardless of whether the reporting party is the alleged victim).

 13. “Respondent” is a person who has been reported to be the perpetrator of conduct that could constitute Title IX sexual harassment.

 14. “Supportive Measures” are non-disciplinary, non-punitive, individualized supports offered and implemented by the Title IX Coordinator as appropriate, as reasonably available, and at no-cost to the Complainant and the Respondent before or after the filing of a Formal Complaint or when no Formal Complaint has been filed. Supportive measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.

15. “Title IX Coordinator” is the person(s) designated by the District to coordinate the District’s Title IX compliance. The Title IX Coordinator may not be the same person as the Appeals Officer or Decision-Maker on any matter. A person not serving as a Title IX Coordinator in a particular matter is not disqualified from serving in another role in that matter. The Title IX Coordinator may also serve as the Investigator or person designated to facilitate an informal resolution process on a particular investigation, unless the Title IX Coordinator signed the Formal Complaint.

B. Posting Requirement

The Title IX Coordinator’s contact information (name or title, office address, electronic mail address, and telephone number), along with the District’s Title IX nondiscrimination statement, must be prominently posted on the District’s website and in any catalogs or handbooks provided to applicants for admission or employment, students, parents/guardians, and unions or professional organizations with a collective bargaining or professional agreement with the District.

The District will provide notice of this Policy to all applicants, students, parents/guardians, employees, and unions or professional organizations with a collective bargaining or professional agreement with the District by prominently posting this Policy on its website and referencing this Policy in its handbooks, which will include the Title IX Coordinator’s name or title, office address, electronic mail address, and telephone number.

C. Designation of Title IX Coordinator

All Coordinators, including the Title IX Coordinator, are identified in Policy 3115B. 

D. Reporting Title IX Sexual Harassment:

A person may make a report of sexual harassment or retaliation at any time. Reports may be made in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that result in the Title IX Coordinator receiving the person’s verbal or written report.

Any District employee who receives a report of sexual harassment or has actual knowledge of possible sexual harassment must convey that information to the Title IX Coordinator by the end of the next day.

Any other person who witnesses an act of sexual harassment is encouraged to report it to a District employee and may do so anonymously. No person will be retaliated against based on any report of suspected sexual harassment or retaliation.

E. General Response to Sexual Harassment

1. District’s Obligation to Respond without Deliberate Indifference

Upon actual knowledge of Title IX sexual harassment, the Title IX Coordinator must respond promptly in a manner that is not deliberately indifferent. The District will be deemed to be deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.

If the Title IX Coordinator receives a report of sexual harassment and the Complainant does not file a Formal Complaint, the Title IX Coordinator must evaluate the information and determine whether to sign and file a Formal Complaint. If the Title IX Coordinator determines not to sign and file a Formal Complaint, the Title IX Coordinator must address the allegations in a manner that is not deliberately indifferent.

2. Response to Report of Title IX Sexual Harassment

Upon receipt of a report of sexual harassment, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.

3. Formal Complaint Filed

Upon the receipt of a Formal Complaint, the District must follow the Grievance Process in Section F of this Policy. A Formal Complaint may be submitted using a designated Title IX Sexual Harassment Formal Complaint Form.

4. Equitable Treatment

The District will treat the Complainant and Respondent equitably throughout the Grievance Process, which may include offering supportive measures as described in Subsection E(6) of this Policy.

5. Documentation and Recordkeeping

The Title IX Coordinator will document all sexual harassment reports and all incidents of sexual harassment that the Title IX Coordinator receives or personally observes.

The District will retain this documentation in accordance with applicable record retention requirements in Section N of this Policy.

6. Supportive Measures

After receiving a report of Title IX sexual harassment, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, with or without the filing of a Formal Complaint. If the District does not provide a Complainant with supportive measures, then the Title IX Coordinator must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

The District may provide, as appropriate, non-disciplinary, non-punitive individualized services to the Complainant or Respondent before or after the filing of a Formal Complaint or when no Formal Complaint has been filed.

Supportive measures should be designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party.

Supportive measures are offered without charge and are designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.

Supportive measures may include, but are not limited to:

a. District-provided counseling;

b. Course-related adjustments, such as deadline extensions;

c. Modifications to class or work schedules;

d. Provision of an escort to ensure that the Complainant and Respondent can safely attend classes and school activities; and

e. No-contact orders.

All supportive measures must be kept confidential, to the extent that maintaining such confidentiality would not impair the District’s ability to provide the supportive measures.

7. Respondent Removal

a. Emergency Removal (Student)

The District may only remove a student Respondent from a District program or activity if, following an individualized safety and risk analysis, the District determines that there is an immediate threat to the physical health or safety of any student or other person arising from the sexual harassment allegations. The District must provide the Respondent with notice and an opportunity to immediately challenge the removal decision. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

b. Administrative Leave (Employee)

The District may place an employee Respondent on non-disciplinary administrative leave during the pendency of the Grievance Process. This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

8. Law Enforcement

In appropriate circumstances, a District employee will notify law enforcement or Child Protective Services, consistent with Policies 4202, 5201, and 5701.

The District will attempt to comply with all law enforcement requests for cooperation with related law enforcement activity. In some circumstances, compliance with law enforcement requests may require the District to briefly suspend or delay its investigation. If an investigation is delayed, the District will notify the parties in writing of the delay and the reasons for the delay.

If the District’s investigation is suspended or delayed, supportive measures will continue during the suspension or delay. If the law enforcement agency does not notify the District within 10 days that the District’s investigation may resume, the District will notify the law enforcement agency that the District intends to promptly resume its investigation

F. Grievance Process 

1. Generally

The Grievance Process begins when a Formal Complaint is filed or when the Title IX Coordinator signs a Formal Complaint and concludes the date the parties receive the Appeals Officer’s written decision or the date on which an appeal is no longer timely. The District will endeavor to complete the Grievance Process within 90-120 days, absent extenuating circumstances or delays as described below. The District will treat both the Complainant and the Respondent equitably throughout the Grievance Process.

Neither the Title IX Coordinator, the Decision-Maker, the Investigator, Appeals Officer, nor any person designated to facilitate an informal resolution process will have a conflict of interest or bias for or against Complainants or Respondents generally or for or against an individual Complainant or Respondent.

The Grievance Process requires an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.

Throughout the Grievance Process, there is a presumption that the Respondent is not responsible for the alleged conduct unless, in the determination of responsibility, the Decision-Maker finds the Respondent responsible for the alleged conduct.

At any point, the Title IX Coordinator, Investigator, Decision-Maker, or Appeals Officer may temporarily delay the Grievance Process or permit a limited extension of time frames for good cause. Good cause may include, but is not limited to, absence of a party, party’s advisor, or witness; concurrent law  enforcement activity; or the need for accommodations (e.g., language assistance or accommodation of disabilities). If there is a delay or extension, the parties will receive written notice of the delay or extension and the reasons for the action.

Any disciplinary action resulting from the Grievance Process will be issued in accordance with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, and individual employee contracts.

After the investigation portion of the Grievance Process has concluded, the Decision-Maker will endeavor to issue a determination of responsibility within 30 days, absent extenuating circumstances.

2. Notice of Allegations

Upon receipt of a Formal Complaint, the District must provide written notice to the parties who are known at the time that includes:

a. A copy of this Policy, which includes the District’s Grievance Process, and any informal resolution process;

b. The sexual harassment allegations, including sufficient details known at the time and with sufficient time so that parties may prepare a response before the initial interview. Sufficient details include parties involved in the incident, if known; the alleged conduct constituting sexual harassment; and the date and time of the alleged incident;

c. A statement that the Respondent is presumed not responsible for the alleged conduct;

d. A statement that a determination of responsibility is made at the Grievance Process’s conclusion;

e. A statement that the parties may have an advisor of their choice, who may be an attorney, although any attorney or advisor who is not a District employee will be at the party’s own cost;

f. A statement that the parties will be provided an opportunity to inspect and review any evidence before the investigation report is finalized; and

If the Complainant or Respondent is a student, and the District’s Student Code of Conduct addresses false statements by students during an investigation or the disciplinary process, a citation to that portion of the Code of Conduct. If, during the course of an investigation, the Investigator decides to investigate allegations that are not included in the initial notice, the District will provide notice of the additional allegations to the Complainant and Respondent.

3. Informal Resolution

During the Grievance Process, after a Formal Complaint has been filed but before a determination of responsibility has been made, the District may offer to facilitate an informal resolution process, or either party may request the informal resolution process. A Formal Complaint must be filed to initiate the informal resolution process.

Informal resolution does not require a full investigation and may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. The Title IX Coordinator will determine the informal resolution process that will be used, including the person who will facilitate that process.

Informal resolution is not available for a Formal Complaint alleging that an employee sexually harassed a student.

A party is not required to participate in an informal resolution process.

When offering informal resolution, the Title IX Coordinator must (1) provide both parties written notice of their rights in an informal resolution; and (2) obtain written, voluntary consent from both parties to enter into the informal resolution process. The written notice must contain the:

a. Allegations;

b. Informal resolution requirements, including the circumstances under which the informal resolution precludes the parties from resuming a Formal Complaint arising from the same allegations;

c. Right to withdraw from informal resolution and resume the Grievance Process at any time prior to a final resolution; and

d. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or that could be disclosed.

4. Investigation

The District has the burden of proof and the burden to gather evidence sufficient to reach a determination of responsibility.

a. Investigation Process

The District will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege unless the person holding the privilege has waived the privilege in writing.

The District may not access, consider, disclose, or otherwise use a party’s medical records, including mental health records, which are made and maintained by a healthcare provider in connection with the party’s treatment unless the District obtains that party’s voluntary, written consent to do so for the Grievance Process.

The Investigator must provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence. The Investigator cannot restrict parties from discussing the allegations under investigation, nor can the Investigator restrict parties from gathering or presenting relevant evidence.

Parties may be accompanied by an advisor of their choice, including an attorney, during the Grievance Procedure. If a party chooses an advisor who is not a District employee, the District is not responsible for any associated costs. The Investigator or Title IX Coordinator may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties (e.g., abusive, disruptive behavior or language will not be tolerated; advisor will not interrupt the investigator to ask questions of witnesses).

The Investigator must provide the date, time, location, participants, and purpose of all hearings (if any), investigative interviews, and meetings, to a party whose participation is invited or expected. Written notice must be provided a sufficient time in advance so that a party may prepare to participate.

As described in Section L of this Policy, retaliation against a person for making a complaint or participating in an investigation is prohibited.

The Investigator must ensure that the Complainant and Respondent have an equal opportunity to inspect and review any evidence obtained as part of the investigation so that each party has the opportunity to meaningfully respond to the evidence before the investigation’s conclusion. This evidence includes (1) evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and (2) inculpatory or exculpatory evidence obtained from any source.

Before the investigation’s completion, the Investigator must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 calendar days to submit a written response to the Investigator. The party’s response must be considered by the Investigator before completing the final investigation report.

b. Investigation Report

The Investigator must create an investigation report that fairly summarizes relevant evidence and submit the investigation report to the Decision- Maker.

At least 10 calendar days before a determination of responsibility is issued, the Investigator must send the investigation report to each party for review and written response. Written responses to the investigation report must be submitted directly to the Decision-Maker.

The Investigator will endeavor to complete the investigation and finalize the report within 60 days.

5. Determination of Responsibility

The Decision-Maker cannot be the same person as the Title IX Coordinator, Investigator, Appeals Officer, or person designated to facilitate an informal resolution process.

Before the Decision-Maker reaches a determination of responsibility, and after the Investigator has sent the investigation report to the parties, the Decision- Maker must:

a. Afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness; and

b. 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 offered to prove that someone other than the Respondent committed the alleged misconduct, or 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.

If the Decision-Maker decides to exclude questions from either party as not relevant, the Decision-Maker must explain the decision to the party proposing the questions.

The Decision-Maker must issue a written determination of responsibility based on a preponderance of the evidence standard (i.e., more likely than not) simultaneously to both parties. The written determination of responsibility must include:

a. Identification of the sexual harassment allegations;

b. Description of the procedural steps taken from the receipt of the Formal Complaint through the determination of responsibility, including any:

i. Notification to the parties;

ii. Party and witness interviews;

iii. Site visits;

iv. Methods used to collect evidence; and

v. Hearings held.

c. Factual findings that support the determination;

d. Conclusions about the application of any relevant code of conduct, policy, law, or rule to the facts;

e. A statement of, and rationale for, the result as to each allegation, including:

i. A determination of responsibility;

ii. Any disciplinary action taken against the Respondent (consistent with Policies 4309, 4407, 4506, 4606, or 5206, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, or individual employee contracts); and

iii.  Whether remedies designed to restore and preserve equal access to the District’s education program or activity will be provided to the Complainant.

f. Appeal rights. 

6. Appeals

Notice of the determination of responsibility or dismissal decision must include notice of the parties’ appeal rights.

Both parties may appeal a determination of responsibility or the decision to dismiss a Formal Complaint in whole or in part for the following reasons only:

a. A procedural irregularity that affected the outcome.

b. New evidence that was not reasonably available at the time the determination of responsibility or dismissal decision was made that could affect the outcome.

c. The Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against the Complainant or Respondent, generally or individually, that affected the outcome.

d. Reserved

An appeal must be filed with the Title IX Coordinator within 5 calendar days of the date of the determination of responsibility or dismissal decision.

Upon receipt of an appeal, the Title IX Coordinator will assign an Appeals Officer who will provide both parties written notice of the appeal and an equal opportunity to submit a written statement in support of, or challenging, the determination or dismissal decision.

The Appeals Officer must provide a written decision describing the result of the appeal and the rationale for the result to both parties simultaneously. The Appeals Officer will endeavor to decide an appeal within 30 days.

The Appeals Officer cannot be the same person who acts as the Title IX Coordinator, Investigator, Decision-Maker, or person designated to facilitate an informal resolution process on the same matter. The Appeals Officer also cannot have a conflict of interest or bias against Complainants and Respondents generally or individually.

The determination of responsibility is final upon the date the parties receive the Appeals Officer’s written decision or on the date on which an appeal is no longer timely.

G. Dismissal

1. Mandatory Dismissals

The Title IX Coordinator must dismiss a Formal Complaint if:

a. The Formal Complaint’s allegations, even if substantiated, would not constitute sexual harassment as defined in this Policy;

b. The Formal Complaint’s allegations did not occur in the District’s programs or activities; or

c. The Formal Complaint’s allegations did not occur in the United States. 

2. Discretionary Dismissals

The Title IX Coordinator may dismiss a Formal Complaint if:

a. The Complainant notifies the Title IX Coordinator in writing that the Complainant wishes to withdraw the Formal Complaint in whole or in part;

b. The Respondent’s enrollment or employment ends; or

c. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination (e.g., several years have passed between alleged misconduct and Formal Complaint filing, Complainant refuses or ceases to cooperate with Grievance Process).

The Title IX Coordinator will promptly and simultaneously notify both parties when a Formal Complaint is dismissed. The notice must include the reasons for mandatory or discretionary dismissal and the right to appeal. Appeal rights are discussed above in Subsection F(6) of this Policy.

Dismissal of a Formal Complaint under this Policy does not excuse or preclude the District from investigating alleged violations of other policy, rule, or law, or from issuing appropriate discipline based on the results of the investigation.

H. Consolidation of Complaints

The Title IX Coordinator or Investigator may consolidate Formal Complaints where the allegations arise out of the same facts or circumstances. Where a Grievance Process involves more than one Complainant or more than one Respondent, references in this Policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable.

I.  Remedies and Disciplinary Sanctions

The District will take appropriate and effective measures to promptly remedy the effects of sexual harassment. The Title IX Coordinator is responsible for the effective implementation of any remedies.

Appropriate remedies will be based on the circumstances and may include, but are not limited to:

1. Providing an escort to ensure that the Complainant and Respondent can safely attend classes and school activities;
   
   
2. Offering the parties school-based counseling services, as necessary;
   
   
3. Providing the parties with academic support services, such as tutoring, as necessary;
   
   
4. Rearranging course or work schedules, to the extent practicable, to minimize contact between the Complainant and Respondent;
   
   
5. Moving the Complainant’s or the Respondent’s locker or work space;
   
   
6. Issuing a “no contact” directive between the Complainant and Respondent; 
   
   
7. Providing counseling memoranda with directives or recommendations.

These remedies may also be available to any other student or person who is or was affected by the sexual harassment.

The District will impose disciplinary sanctions consistent with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, or individual employee contracts. Discipline may range from warning or reprimand to termination of employment, or student suspension or expulsion.

After a determination of responsibility, the Title IX Coordinator should consider whether broader remedies are required, which may include, but are not limited to:

1. Assemblies reminding students and staff of their obligations under this Policy and applicable handbooks;
   
   
2.  Additional staff training; 
   
   
3. A climate survey; or
   
   
4. Letters to students, staff, and parents/guardians reminding persons of their obligations under this Policy and applicable handbooks.

If the Complainant or Respondent is a student with a disability, the District will convene an IEP or Section 504 Team meeting to determine if additional or different programs, services, accommodations, or supports are required to ensure that the Complainant or Respondent continues to receive a free appropriate public education. Any disciplinary action taken against a Respondent who is a student with a disability must be made in accordance with Policy 5206B and the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act.

J. False Statements

Any person who knowingly makes a materially false statement in bad faith during a Title IX investigation will be subject to discipline, up to and including discharge or permanent expulsion. A dismissal or determination that the Respondent did not violate this Policy is not sufficient, on its own, to conclude that a person made a materially false statement in bad faith.

K. Confidentiality

The District will keep confidential the identity of a person who reports sexual harassment or files a Formal Complaint, including parties and witnesses, except as permitted or required by law or to carry out any provision of this Policy, applicable regulations, or laws.

L. Retaliation

Retaliation (e.g., intimidation, threats, coercion) for the purpose of interfering with a person’s rights under Title IX is prohibited. This prohibition applies to retaliation against any person who makes a report, files a Formal Complaint, or participates in, or refuses to participate in a Title IX proceeding. Complaints alleging retaliation may be pursued in accordance with District Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited by this Section.

When processing a report or Formal Complaint of sexual harassment, pursuing discipline for other conduct arising out of the same facts or circumstances constitutes retaliation if done for the purpose of interfering with that person’s rights under Title IX.

Any person who engages in retaliation will be disciplined in accordance with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, and individual employee contracts.

M. Training

All District employees must be trained on how to identify and report sexual harassment.

Any person designated as a Title IX Coordinator, Investigator, Decision-Maker, Appeals Officer, or any person who facilitates an informal resolution process must be trained on the following:

1.  The definition of sexual harassment;
   
   
2.  The scope of the District’s education programs or activities;
   
   
3.  How to conduct an investigation and the District’s grievance process, including, as applicable, hearings, appeals, and informal resolution processes; and
   
   
4.  How to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Investigators must receive training on how to prepare an investigation report as outlined in Subsection F(4)(b) above, including, but not limited to, issues of relevance.

Decision-Makers and Appeals Officers must receive training on issues of evidence and questioning, including, but not limited to, when questions about a Complainant’s prior sexual history or disposition are not relevant.

Any materials used to train District employees who act as Title IX Coordinators, Investigators, Decision-Makers, Appeals Officers, or who facilitate an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints. These training materials must be posted on the District’s website.

N. Record Keeping

The District will maintain records related to reports of alleged Title IX sexual harassment for a minimum of seven years. This retention requirement applies to investigation records, disciplinary sanctions, remedies, appeals, and records of any action taken, such as supportive measures.

The District will also retain any materials used to train Title IX Coordinators, Investigators, Decision-Makers, Appeals Officers, and any person designated to facilitate an informal resolution process.

O. Office for Civil Rights

Any person who believes that he or she was the victim of sexual harassment may file a complaint with the Office for Civil Rights (OCR) at any time:

U.S. Department of Education Office for Civil Rights 
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115
Phone: (216) 522-4970
E-mail: OCR.Cleveland@ed.gov

An OCR complaint may be filed before, during, or after filing a Formal Complaint with the District. A person may forego filing a Formal Complaint with the District and instead file a complaint directly with OCR. The District recommends that a person who has been subjected to sexual harassment also file a Formal Complaint with the District to ensure that the District is able to take steps to prevent any further harassment and to discipline the alleged perpetrator, if necessary. OCR does not serve as an appellate body for District decisions under this Policy. An investigation by OCR will occur separately from any District investigation.

Legal authority: Education Amendments Act of 1972, 20 USC §§1681 - 1688; 34 CFR Part 106

Date adopted: December 13,2021 Date revised: October 3, 2022

Date revised: December 12, 2022

Date revised: October 23, 2023

Date revised: September 9, 2024

Date revised: February 24, 2025

Policy 5207 Anti-Bullying

Series 5000: Students, Curriculum, and Academic Matters

5200 Student Conduct and Discipline

5207 Anti-Bullying Policy

All types of bullying, including cyberbullying, without regard to subject matter or motivating animus, are prohibited.

A. Prohibited Conduct

1. Bullying, including cyberbullying, a student at school is prohibited. Bullying is any written, verbal, or physical act, or electronic communication that is intended to or that a reasonable person would know is likely to harm one or more students directly or indirectly by doing any of the following:

a. substantially interfering with a student’s educational opportunities, benefits, or programs;

b. adversely affecting a student’s ability to participate in or benefit from the District’s educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress;

c. having an actual and substantial detrimental effect on a student’s physical or mental health; or

d. causing substantial disruption in, or substantial interference with, the District’s orderly operations.

B. Reporting an Incident

If a student, staff member, or other person suspects there has been a bullying incident, the person must promptly report the incident to the building principal or designee, or to the Responsible School Official(s), as defined below.

A report may be made in person, by telephone, or in writing (including electronic transmissions). If a bullying incident is reported to a staff member who is not the building principal, designee, or a Responsible School Official, the staff member must promptly report the incident to the building principal, designee, or a Responsible School Official.

To encourage reporting of suspected bullying or related activities, each building principal,  after  consulting  the  Responsible  School  Official(s),  will  create, publicize, and implement a system for anonymous reports. The system must emphasize that the District’s ability to investigate anonymous reports may be limited.

Complaints that the building principal has bullied a student must be reported to the Superintendent. Complaints that the Superintendent has bullied a student must be reported to the Board President.

C. Investigation

All bullying complaints will be promptly investigated. The building principal or designee will conduct the investigation, unless the building principal or Superintendent is the subject of the investigation. If the building principal is the subject of the investigation, the Superintendent or designee will conduct the investigation. If the Superintendent is the subject of the investigation, the Board President will designate a neutral party to conduct the investigation.

A description of each reported incident, along with all investigation materials and conclusions reached, will be documented and retained.

D. Notice to Parent/Guardian

If the investigator determines that a bullying incident has occurred, the District will promptly notify the victim’s and perpetrator’s parent/guardian in writing.

E. Annual Reports

At least annually, the building principal or designee, or the Responsible School Official, must report all verified bullying incidents and the resulting consequences, including any disciplinary action or referrals, to the Board.

The District will annually report incidents of bullying to MDE in the form and manner prescribed by MDE.

F. Responsible School Official

The Superintendent is the “Responsible School Official” for this Policy and is responsible for ensuring that this Policy is properly implemented. This appointment does not reduce or eliminate the duties and responsibilities of the building principal or designee as described in this Policy.

G. Posting/Publication of Policy

The Superintendent or designee will ensure that this Policy is available on the District’s website and incorporated into student handbooks and other relevant school publications. The Superintendent or designee will submit this Policy to the MDE within 30 days after its adoption.

Prevention Task Force. The Responsible School Official may form a bullying prevention task force. The task force will identify, develop, and recommend written materials, training programs, and initiatives to reduce bullying. In its discretion, the task force may involve school staff, students, school clubs or other student groups, administrators, volunteers, parents, law enforcement, community members, and other stakeholders.

Training. The Responsible School Official will provide and require annual training opportunities for District personnel who have significant contact with students on preventing, identifying, responding to, and reporting incidents of bullying.

Educational Programs. The Responsible School Official will periodically arrange or otherwise provide educational programs for students and parents on preventing, identifying, responding to, and reporting incidents of bullying and cyberbullying. The Responsible School Official may arrange for teachers to address these same issues within the classroom curriculum.

H. Definitions

1. “At school” means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether it is held on school premises. “At school” also includes any conduct using a telecommunications access device or telecommunications service provider that occurs off school premises if the device or provider is owned by or under the control of the District.

2. “Telecommunications access device” means any of the following

a. any instrument, device, card, plate, code, telephone number, account number, personal identification number, electronic serial number, mobile identification number, counterfeit number, or financial transaction device defined in MCL 750.157m (e.g., an electronic funds transfer card, a credit card, a debit card, a point-of-sale card, or any other instrument or means of access to a credit, deposit, or proprietary account) that alone or with another device can acquire, transmit, intercept, provide, receive, use, or otherwise facilitate the use, acquisition, interception, provision, reception, and transmission of any telecommunications service; or

b. any type of instrument, device, machine, equipment, technology, or software that facilitates telecommunications or which is capable of transmitting, acquiring, intercepting, decrypting, or receiving any telephonic, electronic, data, internet access, audio, video, microwave, or radio transmissions, signals, telecommunications, or services, including the receipt, acquisition, interception, transmission, retransmission, or decryption of all telecommunications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, internet based or wireless distribution network, system, or facility, or any part, accessory, or component, including any computer circuit, security module, smart card, software, computer chip, pager, cellular telephone, personal communications device, transponder, receiver, modem, electronic mechanism or other component, accessory, or part of any other device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any telecommunications, transmissions, signals, or services.

3. “Telecommunications service provider” means any of the following:

a. a person or entity providing a telecommunications service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunications service;

b. a person or entity owning or operating any fiber optic, cable television, satellite, internet based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; or

c. a person or entity providing any telecommunications service directly or indirectly by or through any distribution systems, networks, or facilities.

Legal authority: MCL 380.1310b; MCL 750.157m, 750.219a 

Date adopted:

Date revised:

Appendix C: Protection of Pupil Rights

Form 5308 Protection of Pupil Rights

Series 5000: Students, Curriculum, and Academic Matters

5300 Student Enrollment, Attendance, and Records

5308 Protection of Pupil Rights

A. Surveys, Analyses, and Evaluations

Parents may inspect any survey created by a third party before that survey is administered or distributed to their student. All survey inspection requests must be made in writing to the building principal before the survey’s scheduled administration date.

The District must obtain written consent from a student’s Parent before the student is required to participate in a survey, analysis, or evaluation funded, in whole or in part, by the U.S. Department of Education that would reveal sensitive information. For all other surveys, analyses, or evaluations that would reveal sensitive information about a student, the District will provide prior notice to the student’s Parent and an opportunity for the Parent to opt their student out.

Employees may not request or disclose the identity of a student who completes a survey, evaluation, or analysis containing sensitive information.

“Sensitive information” includes:

• political affiliations or beliefs of the student or the student’s Parent;
  
  
• mental or psychological problems of the student or the student’s family;
  
  
• sexual behavior or attitudes;
  
  
• illegal, anti-social, self-incriminating, or demeaning behavior;
  
  
• critical appraisals of other persons with whom the student has close family relationships;
  
  
• legally recognized privileges or analogous relationships, such as those with lawyers, physicians, and ministers;
  
  
• religious practices, affiliations, or beliefs of the student or the student’s Parent; or
  
  
• income (other than that required by law to determine eligibility for participating in a program or for receiving financial assistance under that program).

Appendix D: Directory Information and Opt Out Form

Series 5000: Students, Curriculum, and Academic Matters 

5300 Student Enrollment, Attendance, and Records

5309 Student Records and Directory Information

The District may collect, retain, use, and disclose student education records consistent with state and federal law.

A. Definitions

1. An “education record” is a record directly related to a student that the District or its agents maintain, except that an education record does not include:

a. records kept in the maker’s sole possession that are used as a personal memory aid and that are not accessible or revealed to any person except a temporary substitute for the maker;

b. records maintained by a law enforcement unit of the District, as defined by the Family Educational Rights and Privacy Act (FERPA), if the record was created for a law enforcement purpose;

c. records relating to a student who is at least 18 years old that are created or maintained by a psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in that capacity that are created or maintained only for the student’s treatment (exclusive of remedial educational activities or educational activities that are part of the District’s instructional program) and that are disclosed only to persons providing treatment (except that the records may be personally reviewed by a physician or other appropriate professional of the student’s choice);

d. records created or received by the District after a person is no longer a student in the District and that are not directly related to the person’s attendance as a student in the District;

e. grades on peer-graded papers or assignments before they are collected or recorded by a teacher; or

f. records relating to a person employed by the District that are maintained in the normal course of business, relate only to the person’s employment, and are not available for any other purpose. Records relating to a person employed as a result of that person’s status as a student are, however, “education records.”

2. “Personally identifiable information” means a student’s name; the name of a student’s Parent or family member; the student’s address or the address of a family member; a personal identifier, such as the student’s social security number, student number, or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; other information that alone or in combination is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

3. “Directory information” is the information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. The Board designates the following as directory information:

a. student names;

b. photographs, including photographs and videos depicting a student’s participation in school-related activities;

c. grade level;

d. participation in officially recognized activities and sports;

e. weight and height of athletic team members;

f. degrees, honors, and awards received.

The Board further designates District-assigned student email addresses as directory information for the limited purposes of: (1) facilitating the student’s participation in and access to online learning platforms and applications; and (2) inclusion in internal school and District email address books.

B. Collection and Retention of Records

School officials may collect and retain information about the District’s students that is reasonably necessary for the District to perform its role as a public school district, including, without limitation, student work samples, assessments, evaluations, surveys, health and medical information, immunization records, birth certificates, proof of residence, proof of achievements and awards, behavior records, investigation reports, incident reports, attendance records, all records necessary for the District to satisfy state or federal legal obligations, and any record necessary for the District to prove that a student was accurately counted in membership for state aid and grant purposes.

The Superintendent or designee will ensure that all student records are retained consistent with the Records Retention and Disposal Schedule for Michigan Public Schools and Policy 3502 and that reasonable steps (including, without limitation, physical or technological controls) are taken to protect education records, including those stored electronically, from inadvertent or unauthorized disclosure.

C. Right to Inspect and Review Education Records

Parents may inspect and review their minor child’s education records, regardless of custody status, unless a court order specifically provides otherwise.

Parents may also inspect and review the education records of an “eligible student” if the student is considered a dependent under Internal Revenue Code Section 152. An “eligible student” means a student who is at least 18 years old, an emancipated minor, or a student enrolled in a postsecondary institution. Eligible students have the right to inspect and review their own education records.

The District will make arrangements for a Parent or eligible student to inspect and review the student’s education records within a reasonable time from receiving a request and not more than 30 calendar days from the date of the request or, if the student whose records are requested is a child with a disability as defined by the Individuals with Disabilities Education Act, before any Individualized Education Program Team meeting, resolution meeting, or due process hearing.

D. Right to Request Explanation or Interpretation of Student Education Records

A Parent or eligible student may request, in writing, an explanation or interpretation of a student’s education records. School officials will respond to any reasonable request.  A Parent or eligible student may request that a student’s education record be amended if the parent/guardianParent or eligible student believes the record is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. The Superintendent will develop administrative guidelines explaining the process by which a parent/guardianParent or eligible student may request an amendment to the student’s records and that the parent/guardianParent or eligible student has the right to a hearing if the District refuses the request.

E. Right to Request Amendment of Education Records

A Parent or eligible student may request that a student’s education record be amended if the parent/guardianParent or eligible student believes the record is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. The Superintendent will develop administrative guidelines explaining the process by which a parent/guardianParent or eligible student may request an amendment to the student’s records and that the parent/guardianParent or eligible student has the right to a hearing if the District refuses the request.

F. Disclosure of Education Records to School Officials

A school official may receive and review personally identifiable information from a student’s education record only if the school official has a legitimate educational interest in the information. A school official has a “legitimate educational interest” if the record review is necessary for the school official to perform an administrative, supervisory, or instructional task as assigned by the District or to perform a service or benefit for the student or the student’s family. For purposes of this Policy, a “school official” is any person employed by the District. The Board further designates the following persons and entities as “school officials”:

1. a person or company with whom the Board has contracted to perform a specific task (such as an attorney, auditor, insurance representative, medical consultant, or online educational service provider or vendor);
   
   
2. a contractor, consultant, volunteer, or other party to whom the Board has outsourced a service or function otherwise performed by District employees (e.g., a therapist, a school resource officer, an employee of an intermediate school district, or an authorized information technology specialist);
   
   
3. a Parent or student serving on an official committee, such as a disciplinary, reinstatement, or grievance committee; and
   
   
4. a person, including a volunteer, who is assisting another school official in performing the official’s duties.

The above-identified persons and entities must: (a) perform institutional services or functions for which the District would otherwise use its own employees, (b) be under the direct control of the District as to the use and maintenance of education records, and (c) be subject to the requirements of FERPA regulations governing the use and re-disclosure of personally identifiable information from education records.

The Superintendent or designee will adopt procedures, including physical and technological controls, to ensure that only those school officials with a legitimate educational interest may access personally identifiable information from a student’s education records.

G. Disclosure of “Directory Information”

Except as otherwise stated in this Policy, school officials may disclose “directory information” without the prior written consent of a Parent or eligible student unless the Parent or eligible student specifically notifies the District that the Parent or eligible student does not consent to the disclosure of the student’s directory information for 1 or more of the uses for which the District would commonly disclose the information.

The District will provide Parents and eligible students with a Directory Information Opt Out Form, listing all uses for which it commonly discloses student directory information. The form will allow the Parent or eligible student to elect not to have the student’s directory information disclosed for 1 or more of the listed uses. Upon receipt of a completed Directory Information Opt Out Form, school officials may not release the student’s directory information for any of the uses selected on the form.

The Superintendent or designee will provide the Directory Information Opt Out form to all Parents or eligible students within the first 30 days of the school year. The form will also be made available at a parent’s/guardian’s or eligible student’s request at any time during the school year. If the Parent or eligible student does not return the form, the District may release directory information as permitted by law. The Directory Information Opt Out form will be kept on file for 1 year.

To ensure that directory information is not improperly used, the Superintendent or designee may require that a person requesting directory information execute an affidavit stating that, if disclosed, the directory information will not be used, rented, or sold for the purpose of surveys, marketing, or solicitation.

The District will not disclose a student’s or Parent’s phone number or address or the Parent’s employment address to another person who is the subject of a court order that prohibits disclosure of the information if the District has received a copy of the order. The District will not disclose a confidential address, phone number, or email address in violation of the Address Confidentiality Program Act if the student or the student’s Parent notifies the District that the student or the student’s Parent has obtained a participation card issued by the department of attorney general.

H. Disclosure of Education Records to Another School

School officials may release or disclose personally identifiable information contained in a student’s education record without the consent of the Parent or eligible student to another school or post-secondary institution in which the student seeks or intends to enroll, is enrolled, or from which the student receives services, if the disclosure is related to the student’s enrollment or transfer.

I. Tagged Records and Record Transfers

Upon notification by a law enforcement agency that a student under age 17 is missing, the building principal or designee will tag the student’s record in a manner that will alert both District and ISD personnel that the student is considered missing. Within 7 calendar days after receiving notice from a law enforcement agency that a student is no longer considered missing, the building principal or designee will remove the tag from the student’s record.

Within 30 calendar days after receiving a request from a school in which a student has enrolled, the building principal or designee will forward the student’s education records to the requesting school unless the student’s record has been tagged as described in this Policy. If the record has been tagged, the building principal or designee will not forward the student’s education records to the requesting school and will notify law enforcement.

J. Disclosure to a For-Profit Business Entity

School officials will not sell or otherwise provide any personally identifiable information that is part of a student’s education records to a for-profit business entity, except as follows:

1. an employee or agent of a business entity acting as a “school official” as defined in this Policy;
   
   
2. pursuant to a management agreement between a public school academy and an educational management organization;
   
   
3. as necessary for standardized testing; or
   
   
4. as necessary to a person who is providing educational or educational support services to the student pursuant to a contract with the school.

K. Disclosure of Education Records in Response to Subpoena/Court Order

To the extent consistent with state law, including the nondisclosure requirements of Revised Judicature Act Section 2165, school officials may release or disclose personally identifiable information contained in a student’s education records without the consent of the Parent or eligible student upon receipt of a court order or lawfully issued subpoena requiring disclosure of the information. To the extent permitted or required by law, before complying with a court order or subpoena, school officials must notify the Parent or eligible student, in writing, that the District intends to comply with the court order or subpoena.

L. Disclosure of Education Records in Other Circumstances

Except as provided in this Policy, the District and its employees and agents are prohibited from disclosing personally identifiable information from a student’s education records without the written consent of a Parent or eligible student unless the disclosure is otherwise permitted or required by law, including, without limitation, if the disclosure is:

• necessary because of a health or safety emergency;
• to authorized state or federal officials;
• in connection with a student’s application for or receipt of financial aid;
• made for purposes of conducting a study for or on behalf of an educational agency or institution;
• to an accrediting organization;
• concerning a registered sex offender; or
• to a representative of a child welfare agency for a foster child.

Appendix E: Acceptable Use Agreement

3116: Board Policy for District Technology and Acceptable Use

5208-- Board Policy for Student Acceptable Use and Internet Safety

Internet Safety Policy

For East Lansing Public Schools

Introduction

 It is the policy of East Lansing Public Schools to: (a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].

 Definitions

 Key terms are as defined in the Children’s Internet Protection Act.*

 Access to Inappropriate Material

 To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet, or other forms of electronic communications, access to inappropriate information.

 Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors.

 Subject to staff supervision, technology protection measures may be disabled for adults or, in the case of minors, minimized only for bona fide research or other lawful purposes.

 Inappropriate Network Usage

 To the extent practical, steps shall be taken to promote the safety and security of users of the East Lansing Public Schools online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications.

 Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage includes: (a) unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and (b) unauthorized disclosure, use, and dissemination of personal identification information regarding minors.

Education, Supervision and Monitoring

It shall be the responsibility of all members of the East Lansing Public Schools staff to educate, supervise and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children’s Internet Protection Act, the Neighborhood Children’s Internet Protection Act, and the Protecting Children in the 21st Century Act.

Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of the Director of Technology or designated representatives.

The Director of Technology or designated representatives will coordinate and/or provide age appropriate training for students who use the East Lansing Public School’s Internet facilities. The training provided will be designed to promote the East Lansing Public School’s commitment to:

a)  The standards and acceptable use of Internet services as set forth in the East Lansing Public School’s Internet Safety Policy;

b)  Student safety with regard to:

i. safety on the Internet;

ii. appropriate behavior while on online, on social networking Web sites, and in chat rooms; and

iii.  cyberbullying awareness and response.

c)  Compliance with the E-rate requirements of the Children’s Internet Protection Act (“CIPA”).

Following receipt of this training, the student will acknowledge that he/she received the training, understood it, and will follow the provisions of the District's acceptable use policies.

Adoption

This Internet Safety Policy was adopted by the Board of East Lansing Public Schools at a public meeting, following normal public notice.

For more information regarding CIPA, Internet Safety and ELPS guidelines and processes for both, please refer to the district website.

CIPA definitions of terms:

MINOR. The term “minor” means any individual who has not attained the age of 17 years.

TECHNOLOGY PROTECTION MEASURE. The term ``technology protection measure'' means a specific technology that blocks or filters Internet access to visual depictions that are:

1. OBSCENE, as that term is defined in section 1460 of title 18, United States Code;

2. CHILD PORNOGRAPHY, as that term is defined in section 2256 of title 18, United States Code; or

3. Harmful to minors.

HARMFUL TO MINORS. The term ``harmful to minors'' means any picture, image, graphic image file, or other visual depiction that:

1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

SEXUAL ACT; SEXUAL CONTACT. The terms ``sexual act'' and ``sexual contact'' have the meanings given such terms in section 2246 of title 18, United States Code.

The purpose of this agreement is to provide student access to East Lansing Public Schools’ technology resources (computers, tablets, Internet, etc.) for educational purposes that are consistent with East Lansing Public Schools’ mission statement.  In exchange for the use of East Lansing Public Schools’ technology resources either at school or away from school, I understand and agree to the following:

 I WILL NEVER:

• Give out any personal information such as name, phone number, address, email address, or password

• Agree to meet someone met on the Internet

• Enter or access any inappropriate or unethical websites or chat-rooms

• Use inappropriate language

• Knowingly download, copy, or distribute unauthorized or copyrighted materials (i.e. movies, music, software, etc.)

• Knowingly transfer inappropriate or illegal materials through the Internet

• Threaten or harass any individual(s) using the Internet (cyber-bullying)

• Knowingly download or view visually obscene material

East Lansing Public Schools reserves the rights to any material stored on technology managed by the District and shall remove any material which East Lansing Public Schools, at its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable.  East Lansing Public Schools also reserves the right to deny access to technology as well as refer the student for disciplinary action by the appropriate building administrator.

Any misuse may result in suspension of technology privileges or other disciplinary action determined by East Lansing Public Schools.  Misuse includes but is not limited to:

• Intentionally seeking information on, obtaining copies of, or modifying files, other data, or passwords belonging to other users

• Misrepresenting other users on the local network or Internet

• Disrupting the operation of technology through abuse of hardware or software

• Malicious use of the local network or Internet through cyber-bullying, hate mail, harassment, profanity, threats, vulgar statements, or discriminatory remarks

• Interfering with the use of technology by others

• Excessive use for non-educational purposes

• Allowing anyone to use an account other than the account holder

• Accessing or downloading of pornographic material

• Use that could make the computer or network susceptible to security risks

• Use that could degrade the performance of the computer or network

Students should have no expectation of privacy while using District technology resources.  East Lansing Public Schools retains the right to monitor all use and the use may be subject to FOIA or disclosure in litigation.  This includes but is not limited to: personal email and voice mail communications, computer files, databases, web logs, audit trails, or any other electronic transmissions accessed through East Lansing Public Schools’ technology resources.

The student may log on and use East Lansing Public Schools’ technology resources and East Lansing Public Schools’ Internet and wide area connections only with his/her authorized account.  The student is responsible for the proper use of East Lansing Public Schools’ technology and shall be held accountable for any damage to equipment caused by abusive use.  Students bring personal electronic devices to school at their own risk.  East Lansing Public Schools assumes no liability for loss, theft, damage, vandalism, or for any unauthorized use of a personal electronic device.  East Lansing Public Schools has the right to collect and examine any personal electronic device upon demand.  If a device is confiscated under this policy, no responsibility for the safety or security of the device is guaranteed.

I agree to the terms of this technology use policy as well as all current School Board policy pertaining to technology.  I have been educated on Internet safety, cyber-bullying awareness and response, and appropriate online behavior.  I understand that I (and/or my parents or guardian) may be held financially responsible for damages or unauthorized expenses incurred as a result of technology use.

Appendix F: Athletic Code of Conduct

Participation in East Lansing High School’s (the “District”) athletics is a privilege, not a right. Student-athletes are students first. When participating in District athletics, student-athletes are District representatives and are held to the highest standards. Accordingly, this Athletic Code of Conduct applies 24 hours a day, 365 days a year. Student-athletes and parents/guardians should be familiar with this Athletic Code of Conduct. By participating on any school-sponsored athletic team both student-athletes and parents/guardians agree to abide by these terms.

Athletic Director: Nikki Norris

517.333.7574

nicole.norris@elps.us 

Available Sports

The following sports are offered at East Lansing High School by season.  Sports listed with an asterisk (*) are CAAC sports, # indicates cooperative agreements with other schools.

Fall Season

• *Volleyball (G)
• *Cross Country (G&B)
• *Football
• *Golf (G)
•  *Soccer (B)
• *Swim & Dive (G)
• *Tennis (B)
• Sideline Cheerleading

Winter Season

• *Basketball (B&G)
•  *Bowling (G&B)
• *Gymnastics (G)#
•  Hockey#
• * Swim & Dive (B)
• *Wrestling

Spring Season

• *Baseball
• *Golf (B)
• *Soccer (G)
• *Softball
• *Tennis (G)
• *Track (G&B)
•  *Lacrosse (G&B)

Communication Protocol

The District has full faith in its coaches to make decisions that are in the best interest of their teams. If families have questions or concerns about their student-athletes’ sports participation, use the following protocol: 

1. Wait 24 hours before contacting the coach.

2. Schedule a time to speak with the coach, either via phone or in-person, at the coach’s discretion.

3. If the issue is unresolved, schedule a time to speak with the Athletic Director, either via phone or in-person, at the Athletic Director’s discretion.

Concussion Protocol

The District will comply with the concussion protocol in Policy 5712.

Athletic Code of Conduct

A student-athlete must:

1. Learn and understand the rules and regulations of your sport.

2. Comply with the law, Board Policy, the Student Code of Conduct, the Athletic Code of Conduct, and all team rules. Failure to comply with this provision may result in suspension or removal from a team.

3. Not possess, use, or consume alcohol, tobacco, cannabis, nicotine (including a vape), or controlled substances (other than those prescribed by a physician for the student-athlete). 

4. Not engage in conduct that is unbecoming of student-athletes. 

5. Maintain academic eligibility as required by the Michigan High School Athletic Association. 

6. Notify your coach or District athletic trainer of any injury or medical condition that may affect your athletic participation. 

If a student-athlete violates any provision of the Athletic Code of Conduct, practice, game, team, or complete athletic suspension may result. Any disciplinary consequences will be at the sole discretion of the Athletic Director or designee. 

If a student-athlete is suspended or expelled from school, the student-athlete is prohibited from participating in any practice or game during the suspension or expulsion. 

Policy 3118 Title IX Sexual Harassment

Series 3000: Operations, Finance, and Property

3100 General Operations

3118 Title IX Sexual Harassment

Consistent with Policy 3115, the District prohibits unlawful sex discrimination, including harassment and retaliation, in any of its education programs or activities in accordance with Title IX of the Education Amendments of 1972 and its implementing regulations.

This Policy addresses allegations of Title IX sexual harassment that occurred on or after August 14, 2020 unless the District previously investigated the allegations under a different policy pursuant to the now-vacated Title IX 2024 regulations. Allegations of discrimination, harassment, or retaliation not covered by this Policy should be addressed under the District’s applicable non-discrimination or anti-harassment policies. Allegations alleging both Title IX sexual harassment and other forms of Unlawful Discrimination and Unlawful Harassment (e.g., race, age, disability) Complaints that include allegations of Title IX sexual harassment may be investigated under this Policy or bifurcated and investigated pursuant to the applicable Grievance Procedure under Policies 3115-3115H. Investigating other forms of discrimination, including harassment and retaliation, pursuant to this Policy will fulfill the District’s investigation requirements under Policies 3115-3115H, 4104, and 5202, but nothing in this paragraph limits the District’s right to determine at any time that a non-Title IX allegation should be addressed under Policies 3115-3115H, 4104 or 5202 or any other applicable Policy.

The Board directs the Superintendent or designee to designate one or more employees who meet the training requirements in Section M of this Policy to serve as the District’s Title IX Coordinator(s). The Title IX Coordinator will designate an Investigator, Decision- Maker, and Appeals Officer, if applicable, for each Formal Complaint made under this Policy. If a Formal Complaint is made under this Policy against the Title IX Coordinator, the Board President will designate the persons who will serve as the Investigator, Decision-Maker, and Appeals Officer and will work with District administrators to ensure that all other requirements of this Policy are met.

The Investigator, Decision-Maker, Appeals Officer, and Informal Resolution Facilitator cannot be the same person on a specific matter, and the persons designated to serve in those roles may or may not be District employees. Any person serving as the Investigator, Decision-Maker, Appeals Officer, or Informal Resolution Facilitator must meet the training requirements in Section M of this Policy.

Inquiries about Title IX’s application to a particular situation may be referred to the Title IX Coordinator(s), the Assistant Secretary for Civil Rights of the United States Department of Education, or both.

A. Definitions

For purposes of this Policy only, the below terms are defined as follows:

1. “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:

a. A District employee conditioning the provision of a District aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

b. Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or

c. “Sexual assault” as defined in in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8), or “stalking” as defined in 34 USC 12291(a)(30).

i. “Sexual assault” is an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. It includes unlawful sexual intercourse (including incest and statutory rape) and any sexual act, including rape, sodomy, sexual assault with an object, or fondling, directed against another person without the consent of that person, including when that person is incapable of giving consent.

A)  Rape: (Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

B)  Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

C)  Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

D)  Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

E)  Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

F)  Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent

ii. “Dating violence” means violence committed by a person who is or has been in a romantic or intimate relationship with the Complainant. The existence of such a relationship is based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship

iii.  “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, person with whom the Complainant shares a child, person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan; or any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Michigan.

iv.  “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.

2. “Actual Knowledge” means notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator or any District employee. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only District employee with actual knowledge is the Respondent.

3. “Appeals Officer” is the person designated by the District to decide appeals of a dismissal or determination of responsibility for matters investigated under this Policy. The Appeals Officer may not be the same person as the Investigator, Title IX Coordinator, Decision-Maker, or person designated to facilitate an informal resolution process on a specific matter.

4. “Complainant” is a person who is alleged to be the victim of conduct that could constitute Title IX sexual harassment.

5. “Consent” means a voluntary agreement to engage in sexual activity by a person legally capable of consenting. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent. Sexual conduct or relationships between District employees, volunteers, or contractors and students, regardless of age or consent, are prohibited.

6. “Day,” unless otherwise indicated, means a day that the District’s central office is open for business.

7. “Decision-Maker” is the person designated by the District to review the investigation report and provide a written determination of responsibility that provides the evidentiary basis for the Decision-Maker’s conclusions. The Decision-Maker may not be the same person as the Investigator, Title IX Coordinator, Appeals Officer, or person designated to facilitate an informal resolution process on a specific matter.

8. “Education Program or Activity” means any location, event, or circumstance over which the District exercised substantial control over both the Respondent and the context in which the harassment occurred.

9. “Formal Complaint” means a written document or electronic submission signed and filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the sexual harassment allegation.

10. “Grievance Process” is the process by which the District investigates and determines responsibility for Formal Complaints.

11. “Investigator” is the person designated by the District to investigate a Title IX Formal Complaint. The Investigator cannot be the same person as the Decision-Maker, Appeals Officer, or person designated to facilitate an informal resolution process on a specific matter. The Title IX Coordinator may serve as the Investigator on a particular investigation, unless the Title IX Coordinator has a conflict of interest or bias.

 12. “Report” means an account of alleged Title IX sexual harassment made by any person (regardless of whether the reporting party is the alleged victim).

 13. “Respondent” is a person who has been reported to be the perpetrator of conduct that could constitute Title IX sexual harassment.

 14. “Supportive Measures” are non-disciplinary, non-punitive, individualized supports offered and implemented by the Title IX Coordinator as appropriate, as reasonably available, and at no-cost to the Complainant and the Respondent before or after the filing of a Formal Complaint or when no Formal Complaint has been filed. Supportive measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.

15. “Title IX Coordinator” is the person(s) designated by the District to coordinate the District’s Title IX compliance. The Title IX Coordinator may not be the same person as the Appeals Officer or Decision-Maker on any matter. A person not serving as a Title IX Coordinator in a particular matter is not disqualified from serving in another role in that matter. The Title IX Coordinator may also serve as the Investigator or person designated to facilitate an informal resolution process on a particular investigation, unless the Title IX Coordinator signed the Formal Complaint.

B. Posting Requirement

The Title IX Coordinator’s contact information (name or title, office address, electronic mail address, and telephone number), along with the District’s Title IX nondiscrimination statement, must be prominently posted on the District’s website and in any catalogs or handbooks provided to applicants for admission or employment, students, parents/guardians, and unions or professional organizations with a collective bargaining or professional agreement with the District.

The District will provide notice of this Policy to all applicants, students, parents/guardians, employees, and unions or professional organizations with a collective bargaining or professional agreement with the District by prominently posting this Policy on its website and referencing this Policy in its handbooks, which will include the Title IX Coordinator’s name or title, office address, electronic mail address, and telephone number.

C. Designation of Title IX Coordinator

All Coordinators, including the Title IX Coordinator, are identified in Policy 3115B. 

D. Reporting Title IX Sexual Harassment:

A person may make a report of sexual harassment or retaliation at any time. Reports may be made in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that result in the Title IX Coordinator receiving the person’s verbal or written report.

Any District employee who receives a report of sexual harassment or has actual knowledge of possible sexual harassment must convey that information to the Title IX Coordinator by the end of the next day.

Any other person who witnesses an act of sexual harassment is encouraged to report it to a District employee and may do so anonymously. No person will be retaliated against based on any report of suspected sexual harassment or retaliation.

E. General Response to Sexual Harassment

1. District’s Obligation to Respond without Deliberate Indifference

Upon actual knowledge of Title IX sexual harassment, the Title IX Coordinator must respond promptly in a manner that is not deliberately indifferent. The District will be deemed to be deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.

If the Title IX Coordinator receives a report of sexual harassment and the Complainant does not file a Formal Complaint, the Title IX Coordinator must evaluate the information and determine whether to sign and file a Formal Complaint. If the Title IX Coordinator determines not to sign and file a Formal Complaint, the Title IX Coordinator must address the allegations in a manner that is not deliberately indifferent.

2. Response to Report of Title IX Sexual Harassment

Upon receipt of a report of sexual harassment, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.

3. Formal Complaint Filed

Upon the receipt of a Formal Complaint, the District must follow the Grievance Process in Section F of this Policy. A Formal Complaint may be submitted using a designated Title IX Sexual Harassment Formal Complaint Form.

4. Equitable Treatment

The District will treat the Complainant and Respondent equitably throughout the Grievance Process, which may include offering supportive measures as described in Subsection E(6) of this Policy.

5. Documentation and Recordkeeping

The Title IX Coordinator will document all sexual harassment reports and all incidents of sexual harassment that the Title IX Coordinator receives or personally observes.

The District will retain this documentation in accordance with applicable record retention requirements in Section N of this Policy.

6. Supportive Measures

After receiving a report of Title IX sexual harassment, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, with or without the filing of a Formal Complaint. If the District does not provide a Complainant with supportive measures, then the Title IX Coordinator must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

The District may provide, as appropriate, non-disciplinary, non-punitive individualized services to the Complainant or Respondent before or after the filing of a Formal Complaint or when no Formal Complaint has been filed.

Supportive measures should be designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party.

Supportive measures are offered without charge and are designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.

Supportive measures may include, but are not limited to:

a. District-provided counseling;

b. Course-related adjustments, such as deadline extensions;

c. Modifications to class or work schedules;

d. Provision of an escort to ensure that the Complainant and Respondent can safely attend classes and school activities; and

e. No-contact orders.

All supportive measures must be kept confidential, to the extent that maintaining such confidentiality would not impair the District’s ability to provide the supportive measures.

7. Respondent Removal

a. Emergency Removal (Student)

The District may only remove a student Respondent from a District program or activity if, following an individualized safety and risk analysis, the District determines that there is an immediate threat to the physical health or safety of any student or other person arising from the sexual harassment allegations. The District must provide the Respondent with notice and an opportunity to immediately challenge the removal decision. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.

b. Administrative Leave (Employee)

The District may place an employee Respondent on non-disciplinary administrative leave during the pendency of the Grievance Process. This provision may not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

8. Law Enforcement

In appropriate circumstances, a District employee will notify law enforcement or Child Protective Services, consistent with Policies 4202, 5201, and 5701.

The District will attempt to comply with all law enforcement requests for cooperation with related law enforcement activity. In some circumstances, compliance with law enforcement requests may require the District to briefly suspend or delay its investigation. If an investigation is delayed, the District will notify the parties in writing of the delay and the reasons for the delay.

If the District’s investigation is suspended or delayed, supportive measures will continue during the suspension or delay. If the law enforcement agency does not notify the District within 10 days that the District’s investigation may resume, the District will notify the law enforcement agency that the District intends to promptly resume its investigation

F. Grievance Process 

1. Generally

The Grievance Process begins when a Formal Complaint is filed or when the Title IX Coordinator signs a Formal Complaint and concludes the date the parties receive the Appeals Officer’s written decision or the date on which an appeal is no longer timely. The District will endeavor to complete the Grievance Process within 90-120 days, absent extenuating circumstances or delays as described below. The District will treat both the Complainant and the Respondent equitably throughout the Grievance Process.

Neither the Title IX Coordinator, the Decision-Maker, the Investigator, Appeals Officer, nor any person designated to facilitate an informal resolution process will have a conflict of interest or bias for or against Complainants or Respondents generally or for or against an individual Complainant or Respondent.

The Grievance Process requires an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.

Throughout the Grievance Process, there is a presumption that the Respondent is not responsible for the alleged conduct unless, in the determination of responsibility, the Decision-Maker finds the Respondent responsible for the alleged conduct.

At any point, the Title IX Coordinator, Investigator, Decision-Maker, or Appeals Officer may temporarily delay the Grievance Process or permit a limited extension of time frames for good cause. Good cause may include, but is not limited to, absence of a party, party’s advisor, or witness; concurrent law  enforcement activity; or the need for accommodations (e.g., language assistance or accommodation of disabilities). If there is a delay or extension, the parties will receive written notice of the delay or extension and the reasons for the action.

Any disciplinary action resulting from the Grievance Process will be issued in accordance with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, and individual employee contracts.

After the investigation portion of the Grievance Process has concluded, the Decision-Maker will endeavor to issue a determination of responsibility within 30 days, absent extenuating circumstances.

2. Notice of Allegations

Upon receipt of a Formal Complaint, the District must provide written notice to the parties who are known at the time that includes:

a. A copy of this Policy, which includes the District’s Grievance Process, and any informal resolution process;

b. The sexual harassment allegations, including sufficient details known at the time and with sufficient time so that parties may prepare a response before the initial interview. Sufficient details include parties involved in the incident, if known; the alleged conduct constituting sexual harassment; and the date and time of the alleged incident;

c. A statement that the Respondent is presumed not responsible for the alleged conduct;

d. A statement that a determination of responsibility is made at the Grievance Process’s conclusion;

e. A statement that the parties may have an advisor of their choice, who may be an attorney, although any attorney or advisor who is not a District employee will be at the party’s own cost;

f. A statement that the parties will be provided an opportunity to inspect and review any evidence before the investigation report is finalized; and

If the Complainant or Respondent is a student, and the District’s Student Code of Conduct addresses false statements by students during an investigation or the disciplinary process, a citation to that portion of the Code of Conduct. If, during the course of an investigation, the Investigator decides to investigate allegations that are not included in the initial notice, the District will provide notice of the additional allegations to the Complainant and Respondent.

3. Informal Resolution

During the Grievance Process, after a Formal Complaint has been filed but before a determination of responsibility has been made, the District may offer to facilitate an informal resolution process, or either party may request the informal resolution process. A Formal Complaint must be filed to initiate the informal resolution process.

Informal resolution does not require a full investigation and may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice. The Title IX Coordinator will determine the informal resolution process that will be used, including the person who will facilitate that process.

Informal resolution is not available for a Formal Complaint alleging that an employee sexually harassed a student.

A party is not required to participate in an informal resolution process.

When offering informal resolution, the Title IX Coordinator must (1) provide both parties written notice of their rights in an informal resolution; and (2) obtain written, voluntary consent from both parties to enter into the informal resolution process. The written notice must contain the:

a. Allegations;

b. Informal resolution requirements, including the circumstances under which the informal resolution precludes the parties from resuming a Formal Complaint arising from the same allegations;

c. Right to withdraw from informal resolution and resume the Grievance Process at any time prior to a final resolution; and

d. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or that could be disclosed.

4. Investigation

The District has the burden of proof and the burden to gather evidence sufficient to reach a determination of responsibility.

a. Investigation Process

The District will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege unless the person holding the privilege has waived the privilege in writing.

The District may not access, consider, disclose, or otherwise use a party’s medical records, including mental health records, which are made and maintained by a healthcare provider in connection with the party’s treatment unless the District obtains that party’s voluntary, written consent to do so for the Grievance Process.

The Investigator must provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence. The Investigator cannot restrict parties from discussing the allegations under investigation, nor can the Investigator restrict parties from gathering or presenting relevant evidence.

Parties may be accompanied by an advisor of their choice, including an attorney, during the Grievance Procedure. If a party chooses an advisor who is not a District employee, the District is not responsible for any associated costs. The Investigator or Title IX Coordinator may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties (e.g., abusive, disruptive behavior or language will not be tolerated; advisor will not interrupt the investigator to ask questions of witnesses).

The Investigator must provide the date, time, location, participants, and purpose of all hearings (if any), investigative interviews, and meetings, to a party whose participation is invited or expected. Written notice must be provided a sufficient time in advance so that a party may prepare to participate.

As described in Section L of this Policy, retaliation against a person for making a complaint or participating in an investigation is prohibited.

The Investigator must ensure that the Complainant and Respondent have an equal opportunity to inspect and review any evidence obtained as part of the investigation so that each party has the opportunity to meaningfully respond to the evidence before the investigation’s conclusion. This evidence includes (1) evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and (2) inculpatory or exculpatory evidence obtained from any source.

Before the investigation’s completion, the Investigator must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 calendar days to submit a written response to the Investigator. The party’s response must be considered by the Investigator before completing the final investigation report.

b. Investigation Report

The Investigator must create an investigation report that fairly summarizes relevant evidence and submit the investigation report to the Decision- Maker.

At least 10 calendar days before a determination of responsibility is issued, the Investigator must send the investigation report to each party for review and written response. Written responses to the investigation report must be submitted directly to the Decision-Maker.

The Investigator will endeavor to complete the investigation and finalize the report within 60 days.

5. Determination of Responsibility

The Decision-Maker cannot be the same person as the Title IX Coordinator, Investigator, Appeals Officer, or person designated to facilitate an informal resolution process.

Before the Decision-Maker reaches a determination of responsibility, and after the Investigator has sent the investigation report to the parties, the Decision- Maker must:

a. Afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness; and

b. 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 offered to prove that someone other than the Respondent committed the alleged misconduct, or 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.

If the Decision-Maker decides to exclude questions from either party as not relevant, the Decision-Maker must explain the decision to the party proposing the questions.

The Decision-Maker must issue a written determination of responsibility based on a preponderance of the evidence standard (i.e., more likely than not) simultaneously to both parties. The written determination of responsibility must include:

a. Identification of the sexual harassment allegations;

b. Description of the procedural steps taken from the receipt of the Formal Complaint through the determination of responsibility, including any:

i. Notification to the parties;

ii. Party and witness interviews;

iii. Site visits;

iv. Methods used to collect evidence; and

v. Hearings held.

c. Factual findings that support the determination;

d. Conclusions about the application of any relevant code of conduct, policy, law, or rule to the facts;

e. A statement of, and rationale for, the result as to each allegation, including:

i. A determination of responsibility;

ii. Any disciplinary action taken against the Respondent (consistent with Policies 4309, 4407, 4506, 4606, or 5206, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, or individual employee contracts); and

iii.  Whether remedies designed to restore and preserve equal access to the District’s education program or activity will be provided to the Complainant.

f. Appeal rights. 

6. Appeals

Notice of the determination of responsibility or dismissal decision must include notice of the parties’ appeal rights.

Both parties may appeal a determination of responsibility or the decision to dismiss a Formal Complaint in whole or in part for the following reasons only:

a. A procedural irregularity that affected the outcome.

b. New evidence that was not reasonably available at the time the determination of responsibility or dismissal decision was made that could affect the outcome.

c. The Title IX Coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against the Complainant or Respondent, generally or individually, that affected the outcome.

d. Reserved

An appeal must be filed with the Title IX Coordinator within 5 calendar days of the date of the determination of responsibility or dismissal decision.

Upon receipt of an appeal, the Title IX Coordinator will assign an Appeals Officer who will provide both parties written notice of the appeal and an equal opportunity to submit a written statement in support of, or challenging, the determination or dismissal decision.

The Appeals Officer must provide a written decision describing the result of the appeal and the rationale for the result to both parties simultaneously. The Appeals Officer will endeavor to decide an appeal within 30 days.

The Appeals Officer cannot be the same person who acts as the Title IX Coordinator, Investigator, Decision-Maker, or person designated to facilitate an informal resolution process on the same matter. The Appeals Officer also cannot have a conflict of interest or bias against Complainants and Respondents generally or individually.

The determination of responsibility is final upon the date the parties receive the Appeals Officer’s written decision or on the date on which an appeal is no longer timely.

G. Dismissal

1. Mandatory Dismissals

The Title IX Coordinator must dismiss a Formal Complaint if:

a. The Formal Complaint’s allegations, even if substantiated, would not constitute sexual harassment as defined in this Policy;

b. The Formal Complaint’s allegations did not occur in the District’s programs or activities; or

c. The Formal Complaint’s allegations did not occur in the United States. 

2. Discretionary Dismissals

The Title IX Coordinator may dismiss a Formal Complaint if:

a. The Complainant notifies the Title IX Coordinator in writing that the Complainant wishes to withdraw the Formal Complaint in whole or in part;

b. The Respondent’s enrollment or employment ends; or

c. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination (e.g., several years have passed between alleged misconduct and Formal Complaint filing, Complainant refuses or ceases to cooperate with Grievance Process).

The Title IX Coordinator will promptly and simultaneously notify both parties when a Formal Complaint is dismissed. The notice must include the reasons for mandatory or discretionary dismissal and the right to appeal. Appeal rights are discussed above in Subsection F(6) of this Policy.

Dismissal of a Formal Complaint under this Policy does not excuse or preclude the District from investigating alleged violations of other policy, rule, or law, or from issuing appropriate discipline based on the results of the investigation.

H. Consolidation of Complaints

The Title IX Coordinator or Investigator may consolidate Formal Complaints where the allegations arise out of the same facts or circumstances. Where a Grievance Process involves more than one Complainant or more than one Respondent, references in this Policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable.

I.  Remedies and Disciplinary Sanctions

The District will take appropriate and effective measures to promptly remedy the effects of sexual harassment. The Title IX Coordinator is responsible for the effective implementation of any remedies.

Appropriate remedies will be based on the circumstances and may include, but are not limited to:

1. Providing an escort to ensure that the Complainant and Respondent can safely attend classes and school activities;
   
   
2. Offering the parties school-based counseling services, as necessary;
   
   
3. Providing the parties with academic support services, such as tutoring, as necessary;
   
   
4. Rearranging course or work schedules, to the extent practicable, to minimize contact between the Complainant and Respondent;
   
   
5. Moving the Complainant’s or the Respondent’s locker or work space;
   
   
6. Issuing a “no contact” directive between the Complainant and Respondent; 
   
   
7. Providing counseling memoranda with directives or recommendations.

These remedies may also be available to any other student or person who is or was affected by the sexual harassment.

The District will impose disciplinary sanctions consistent with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, or individual employee contracts. Discipline may range from warning or reprimand to termination of employment, or student suspension or expulsion.

After a determination of responsibility, the Title IX Coordinator should consider whether broader remedies are required, which may include, but are not limited to:

1. Assemblies reminding students and staff of their obligations under this Policy and applicable handbooks;
   
   
2.  Additional staff training; 
   
   
3. A climate survey; or
   
   
4. Letters to students, staff, and parents/guardians reminding persons of their obligations under this Policy and applicable handbooks.

If the Complainant or Respondent is a student with a disability, the District will convene an IEP or Section 504 Team meeting to determine if additional or different programs, services, accommodations, or supports are required to ensure that the Complainant or Respondent continues to receive a free appropriate public education. Any disciplinary action taken against a Respondent who is a student with a disability must be made in accordance with Policy 5206B and the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act.

J. False Statements

Any person who knowingly makes a materially false statement in bad faith during a Title IX investigation will be subject to discipline, up to and including discharge or permanent expulsion. A dismissal or determination that the Respondent did not violate this Policy is not sufficient, on its own, to conclude that a person made a materially false statement in bad faith.

K. Confidentiality

The District will keep confidential the identity of a person who reports sexual harassment or files a Formal Complaint, including parties and witnesses, except as permitted or required by law or to carry out any provision of this Policy, applicable regulations, or laws.

L. Retaliation

Retaliation (e.g., intimidation, threats, coercion) for the purpose of interfering with a person’s rights under Title IX is prohibited. This prohibition applies to retaliation against any person who makes a report, files a Formal Complaint, or participates in, or refuses to participate in a Title IX proceeding. Complaints alleging retaliation may be pursued in accordance with District Policy.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited by this Section.

When processing a report or Formal Complaint of sexual harassment, pursuing discipline for other conduct arising out of the same facts or circumstances constitutes retaliation if done for the purpose of interfering with that person’s rights under Title IX.

Any person who engages in retaliation will be disciplined in accordance with District Policy, as applicable, and any applicable codes of conduct, handbooks, collective bargaining agreements, and individual employee contracts.

M. Training

All District employees must be trained on how to identify and report sexual harassment.

Any person designated as a Title IX Coordinator, Investigator, Decision-Maker, Appeals Officer, or any person who facilitates an informal resolution process must be trained on the following:

1.  The definition of sexual harassment;
   
   
2.  The scope of the District’s education programs or activities;
   
   
3.  How to conduct an investigation and the District’s grievance process, including, as applicable, hearings, appeals, and informal resolution processes; and
   
   
4.  How to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Investigators must receive training on how to prepare an investigation report as outlined in Subsection F(4)(b) above, including, but not limited to, issues of relevance.

Decision-Makers and Appeals Officers must receive training on issues of evidence and questioning, including, but not limited to, when questions about a Complainant’s prior sexual history or disposition are not relevant.

Any materials used to train District employees who act as Title IX Coordinators, Investigators, Decision-Makers, Appeals Officers, or who facilitate an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints. These training materials must be posted on the District’s website.

N. Record Keeping

The District will maintain records related to reports of alleged Title IX sexual harassment for a minimum of seven years. This retention requirement applies to investigation records, disciplinary sanctions, remedies, appeals, and records of any action taken, such as supportive measures.

The District will also retain any materials used to train Title IX Coordinators, Investigators, Decision-Makers, Appeals Officers, and any person designated to facilitate an informal resolution process.

O. Office for Civil Rights

Any person who believes that he or she was the victim of sexual harassment may file a complaint with the Office for Civil Rights (OCR) at any time:

U.S. Department of Education Office for Civil Rights 
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115
Phone: (216) 522-4970
E-mail: OCR.Cleveland@ed.gov

An OCR complaint may be filed before, during, or after filing a Formal Complaint with the District. A person may forego filing a Formal Complaint with the District and instead file a complaint directly with OCR. The District recommends that a person who has been subjected to sexual harassment also file a Formal Complaint with the District to ensure that the District is able to take steps to prevent any further harassment and to discipline the alleged perpetrator, if necessary. OCR does not serve as an appellate body for District decisions under this Policy. An investigation by OCR will occur separately from any District investigation.

Legal authority: Education Amendments Act of 1972, 20 USC §§1681 - 1688; 34 CFR Part 106

Date adopted: December 13,2021 Date revised: October 3, 2022

Date revised: December 12, 2022

Date revised: October 23, 2023

Date revised: September 9, 2024

Date revised: February 24, 2025