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    Level FOUR Disciplinary & Safety Toolkit

    (for School-Based TIX Coordinators w/District-Led Support)

    SBC Investigations for Severe, Persistent and/or Pervasive Sexualized Behaviors and Sexual Assault

     

    The following offers guidance for for school-based coordinators when responding to persistent behaviors (haven't stopped with repeated intervention) or pervasive (impacting school climate) and/or a single severe incident under Title IX (sexual assault at school is automatically Level 4).

    Begin by reviewing the Title IX leveled interventions to determine whether the behavior is gender-based harassment or discrimination. Next, determine which “Level” the behavior falls; this coincides with the “Types” defined in the behavior matrix in the 2023-24 Student Rights and Responsibilities Handbook.

     

    When determining level, consider the following contextual and mitigating factors:

    • Student’s prior conduct.
    • Is this the first time the student engaged in this behavior? If not, it may be persistent. Is the behavior developmentally appropriate or is there concern about exposure to pornography or child abuse? Take into account the student’s age, health, ability, etc.
    • Is there an immediate risk to student safety? If so, call the district office about an “emergency safety removal.” This is very rare.
    • What (if any) cultural or linguistic factors may have played a role?
    • Who was harmed by this behavior (impact)?  Did the behavior have the effect of denying someone their right to an education even for a short period of time?
    • Is the student willing to be accountable, apologize and/or participate in some form of restoration?
    • How many students or other members of the school community were impacted (how pervasive)? 
    • What supportive measures can be immediately offered to those impacted by what happened? This may be academic accommodations, referral to counseling, class change, etc.
    • What are appropriate interventions or supplemental educational activities that can address this behavior?
    • Based on preliminary info gathered, is there a concern that a child is being abused by an adult? If so, make an immediate call to the DHS Child Abuse Hotline

    At Level 4, pause after you’ve conducted your preliminary inquiry (you’ve gathered enough info to know this is a serious or ongoing incident). Consult with the district office and your Student Conduct Coordinator. Then proceed as follows...

    Plan for the Investigation


    Once you determine you have reached Level 4, follow these preliminary steps:

    1. Determine who will lead the investigation. For Title IX, this will likely be the Title IX Compliance Manager with support from the School-Based Coordinator. 
    2. Gather preliminary statements from all students involved; separate students (for sexual assault or harassment, use caution when gathering written statements; you may instead wish to wait for the TIX Manager to conduct interviews later)
    3. Note witnesses to interview and any evidence that is available for follow-up
    4. Place any immediate safety or supportive measures. Supportive measures must be made available to both parties to restore or preserve access to the school’s education program or activity. Supportive measures cannot unreasonably burden either party. No Contact Orders are an example of a safety measure.
    5. Suspension pending investigation or emergency safety removal (removes a student for short period of time to create safety plan and prepare community for return to school) - always consult Student Conduct Coordinator before removing a student from school
    6. Contact Liane O’Banion for next steps. Text 503-568-2646 or email lobanion@pps.net
    7. Provide notice to complainant and respondent's family.

    Now… proceed to the investigation guidelines using the following link:

     

    Investigation Guidelines

    Purpose: this guidance applies to investigations at Levels 3-4 when behavior is severe (such as a sexual assault) and/or becomes persistent (doesn’t stop even after interventions are applied). At Level 3-4, consultation and support from the district office is recommended.

     

    • Interviews and Evidence Gathering

      Determine who should be in the room when you speak to students (always conduct interviews of all named students separately). Allow the student to identify an adviser or other trusted adult to attend & provide support (school counselor, social worker, advocate, parent, etc). Interview the student(s) who reported or was targeted first (complainant), followed by witnesses, and lastly, the student who caused harm (respondent).

      • Explain the importance of confidentiality & not sharing what happens with other peers; 
      • Explain that you want to know only what the student directly witnessed (what they saw, and heard) to avoid rumors, speculation, or gossip 
      • Conduct a neutral, experienced-based interview to gather facts of what occurred
      • Ask broad, open-ended questions; avoid preconceived conclusions
      • Create a rough outline of questions: focus on the points of divergence (where the stories differ) or other questions based on the preliminary statements gathered; plan to ascertain whether this is an isolated or repeated behavior and note the impact on any involved student’s access to their education.
      • Do not promise confidentiality but assure privacy and care for the student’s educational record. Learn more about FERPA & investigations here.
      • Note any available evidence (texts, DM’s, photos, video, etc.); create a plan for how you will gather this info.

       

      Next Steps and Closure

      Decision-point: once the facts are gathered, convene the team (including the district office and conduct coordinator and decide on commensurate discipline using the PPS Behavior Matrix. In some cases, further exclusionary discipline will not be necessary (beyond a school-based suspension, for example). In other cases, a referral to a neutral body of decision-makers (Hearings Officer) is warranted.

      For Title IX there are two options for resolution:

      1. TIX/TVI non-disciplinary panel of decision-makers: results in a formal letter from the district Title IX Office along with recommendations of intervention to be applied by the school or IEP team; no discipline can be applied at this level, however, if the decision-makers request that a case be escalated to an expulsion hearing, the hearing will end.

      2. Title IX disciplinary (expulsion) hearing: a specific disciplinary procedure led by trained Title IX/IV decision-makers (PPS Hearings Officers) and supported by the district office. It helps to share this FAQ with families prior to the disciplinary hearing so they know what to expect on the day of.  A Title IX expulsion hearing is very similar to other expulsion hearings - with the following notable exceptions: 1) hearings are always virtual; 2) two hearing officers come to a determination (rather than one); 3) the impacted student is offered the opportunity to share an impact statement (ahead of time) that is read into the record during the live (recorded) hearing; and 4) the impacted student receives an outcome letter that highlights the decision (substantiated, unsubstantiated, etc.) and information directly related to their ongoing safety and support while at school (ex: no contact order is extended, safety plan in place, etc.).  Title IX and discipline hearings FAQ for families

      Regardless of whether exclusionary discipline is applied, the final step should include opportunities to apply interventions or education that address the root cause of the behavior as well as a plan for accountability and closure.