Step One - Notice

While a Title IX violation may be reported to any school employee, school principals serve as local Title IX liaisons for each school. You can notify the school or District of a potential Title IX complaint in multiple ways.

• Students, caretakers, and parents can initiate a TIX complaint by submitting an online form to alert the Title IX Coordinator of a potential concern. Once the form has been submitted, you will receive communication from the Equity Department within 24-48 business hours. 
• E-mail or call any school employee or principal.
• E-mail or call any district employee or the District's Title IX Coordinator.

Please note. Once a Title IX complaint has been received, the respondent(s) is considered innocent until a preponderance of evidence shows otherwise. As a result, there will be NO disciplinary action against the respondent(s) until and unless the investigation results in a finding of Title IX violation. This may be a time frame of anywhere from 7-30 days or more, depending on the intricacy of the investigation.

Step Two - Initial Assessment and Jurisdiction Determination

When the Title IX Coordinator receives notice of alleged conduct prohibited under TIX, they will conduct an initial assessment to gain a basic understanding of the nature and circumstances of the allegation. This is ordinarily a meeting, which may be held over the phone or virtually, with the reporting party and/or the complainant. In the course of this meeting, the Coordinator works with the reporting party and/or the complainant as they share more details about the incident.

At the end of this initial meeting, the Title IX Coordinator will:

• Assess any supportive measures that have been previously offered and provide information about additional interim protective and support measures available (if needed).
• Assess whether other steps are needed to ensure sex discrimination does not continue or reoccur. 
• Determine whether the complaint is likely to meet the Title IX threshold.
  • If the complaint does not fall under Title IX, the Coordinator will refer it back to the school.
  • If the complaint meets the Title IX threshold for investigation, the Coordinator will notify all involved parties and refer it to an investigation.

If the TIX threshold is likely to be met, the Coordinator will assess the complainant's willingness to take part in an informal resolution process and ask the reporting party to digitally sign the initial assessment and send copies of any evidence supporting the complaint by e-mail, mail, or hand-delivery using the following contact information.

Mari Ann Banks, Ph.D., Title IX Coordinator
Elizabeth Wilson School Support Center
125 Electric Avenue, Decatur, GA 30030
TitleIX@csdecatur.net 

The Title IX Coordinator will also use the Initial Assessment & Jurisdiction Determination to assess any risk of imminent harm to the reporting party, the complainant, or the classroom/school community. If any of these conditions exist, the Title IX Coordinator will take appropriate interim action.

Step Three - The School District Investigates Your Complaint

Once the district has collected information through the initial assessment and determined that the complaint may meet the Title IX threshold, a prompt and thorough investigation will take place.

The investigation may include: 

• an interview with the complainant (person or persons alleging injury), the respondent (charged party or parties), 
• interviews with witnesses, if any, and 
• an examination of any relevant documents or artifacts. 

If the alleged harasser is an employee, the investigation will be conducted in cooperation with the Human Resources Department. 

If circumstances arise demanding an exceptionally lengthy investigation, the district will notify you in writing to provide a projected date for their written response.

Step Four - Evidence Review and Investigation Report

Standard of Evidence

In all stages of the process, CSD applies the preponderance of the evidence standard (more likely than not to have taken place) when determining whether TIX policy has been violated. 

Evidence Review

Before finalizing the investigation report, the Title IX Office will provide an equal, reasonable opportunity for all parties to access the relevant evidence that is not otherwise impermissible, or, an accurate description of the evidence. At that point, the Complainant and Respondent will have a reasonable opportunity to respond by offering additional comments, clarifying information previously shared, suggesting additional witnesses, questioning relevance determinations, or identifying other relevant information or evidence to assure the thoroughness and sufficiency of the investigation. Recipients are required to take reasonable steps to prevent unauthorized disclosures of evidence.

The Investigation Report

Upon consideration of the responses submitted by all parties, the Investigator will finalize the investigation report in a way that fairly summarizes the relevant evidence. Once the investigation report is finalized, it will be provided to the Title IX Coordinator. The Title IX Coordinator will review the investigation report in advance of the parties for thoroughness and accuracy and send the investigative report to all parties. Before reaching a determination regarding responsibility, the District will afford a reasonable period for additional, limited follow-up questions from each party.

Step Five - The School District Responds to Your Complaint

The decision-maker shall, within a reasonably prompt time period, issue a final determination regarding responsibility. To reach this determination, the District shall apply the preponderance of the evidence standard of evidence to all sexual harassment complaints.

The written determination shall include:

• Identification of the allegations potentially constituting sexual harassment as defined in this policy;
• Findings of fact supporting the determination;
• Conclusions regarding the application of the District’s policies to the facts;
• A statement of, and rationale for, the result regarding each allegation, including: 
  • a determination regarding responsibility, 
  • any disciplinary sanctions the District imposes on the respondent, 
  • whether remedies designed to restore or preserve equal access to the District's education program or activity will be provided by the District to the complainant, and
  • The District's procedures and permissible bases for the complainant and respondent to appeal.

The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Implementing Remedies
Upon being notified that the alleged conduct meets the threshold of a Title IX Violation(s), the TIX Coordinator will take the following actions.

• Treat the complainant and respondent equitably.
• Offer and coordinate any supportive measures identified for the complainant and respondent.
• Take prompt and effective steps to ensure that sex discrimination does not occur or reoccur within CSD programs or activities.
• Coordinate any appropriate disciplinary measures with the building principal.

The Title IX Coordinator is responsible for the effective implementation of any remedies.

Dismissing the Complaint
The District will investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined herein, even if proven, or, did not occur in the District's education program or activity, the District shall dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under Title IX; however, such a dismissal does not preclude action under another provision of the District’s policies.

Also, the District may dismiss a formal complaint or any allegations therein, at any time during the investigation if:

• A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; 
• the respondent is no longer an employee of the District; or
• specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon a required or permitted dismissal pursuant to the section above, the District will promptly send written notice of and reason(s) for the dismissal to all parties.

Appealing the Decision

If the complainant or respondent disagrees with the final decision, they may appeal. A notice of appeal must be filed in a reasonably timely manner considering the date of the district’s response.

The superintendent will schedule an appeal meeting after receipt of your appeal. The superintendent will send you a written decision in a reasonably timely manner after the appeal meeting.

Timeline

See the TIX Flowchart for more details regarding the Title IX process timeline.