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Policy Categories Archives: Section J: Students

Section J contains policies on students in regards to admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.

Enrollment Policy

ASD File: JF
AUBURN SCHOOL DISTRICT
ENROLLMENT POLICY

It is the policy of the Board that all students enrolling in school must do so on a full-time basis. “Full-time basis” shall be defined as attending classes for the full instructional day within the public school system or in conjunction with another state-accredited institution such as a vocational-technical school, college or university for concurrent enrollment. The only exception to this policy shall be for fifth-year seniors and special education students whose IEP’s require variations of student schedules. In the event the State Department of Education advises that part-time students can be counted for state aid purposes, the Board will reconsider this policy.

Adopted: November 14, 2000

Residency

ASD File: JFA
AUBURN SCHOOL DISTRICT
RESIDENCY

Residency for the purpose of enrollment in a district school shall be defined by RSA 193:12.

Legal Residence of Pupils
The new law defines a student’s legal residency, in the case of a minor, legal residence is where his/her parents reside, except that:
1. If the parents live apart and are not divorced, legal residence is the residence of the parent with whom the child resides.
2. In a divorce decree where parents are awarded joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides. If a parent is awarded sole or primary physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire.
3. If the minor is in the custody of a legal guardian appointed by a New Hampshire court of competent jurisdiction or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides. If the Department of Health and Human Services has been appointed legal guardian, the residence of the minor is where the child is placed by the department or the court. Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents.

Legal resident of a school district means a person who lives in a district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely. A married person may have domicile independent of the domicile of his/her spouse. A person may have only one legal residence at a given time.

Statutory Reference:
RSA 193:12

Adopted: November 14, 2000

 

Admission Of Resident Students

ASD File: JFAA
AUBURN SCHOOL DISTRICT
ADMISSION OF RESIDENT STUDENTS

The school district of residence of a student is defined by RSA 193:12, II.

New Resident Students
All new resident students, accompanied by parent or guardian, should register at the school.

Children entering school for the first time must have proof of physical examination within the last twelve months, immunization records, and the school must receive a copy of the child’s birth certificate and proof of residency satisfactory to the Superintendent or his/her designee. All children enrolling into Auburn Village School must be properly immunized according to the current recommendation of the state public health agency. The Principal or designee will meet with new children and parents to explain school programs.

Legal Reference:
RSA 193:1, Duty of Parent, Compulsory Attendance by Pupil, RSA 193:12,II Legal Residence Required, RSA 110-D, Interstate Compact on Educational Opportunities for Military Children

Adopted: January 30, 2001
Revised: May 14, 2019

Admission Of Nonresident Students

ASD File: JFAB
AUBURN SCHOOL DISTRICT
ADMISSION OF NONRESIDENT STUDENTS

I. For those persons in the process of moving into Auburn
To temporarily accommodate parents who are not residents of Auburn, who are in the process of moving into Auburn who wish to have their child(ren) attend the Auburn school district, the following shall apply:
A. There will be no tuition charged if the parent establishes residency in Auburn on or before the thirtieth (30) school day following the enrollment of the child(ren) into the Auburn school district.
B. The Superintendent must approve the application to enroll a nonresident child(ren) into the Auburn school district if the enrollment extends beyond thirty (30) school days from the initial day of entry into school. The School Board Superintendent will evaluate the situation and take the following action:
1. Require payment of tuition;
2. Require the child(ren) to be removed from school;
3. Or take any other action the Superintendent deems appropriate.
C. The parent must provide transportation at his/her expense to transport the child(ren) to school until such time as the parent establishes residency in Auburn.

II. For those persons in the process of moving out of Auburn

To temporarily accommodate parents who are in the process of moving out of Auburn who wish to have their child(ren) continue to attend the Auburn school district the following shall apply:
A. There will be no tuition charged if the parent withdraws his/her child(ren) from the Auburn school district on or before the thirtieth (30) school day following the move of the parent out of the Auburn School District.
B. The Superintendent must approve the application to permit a nonresident child(ren) to remain enrolled in the Auburn school district if the enrollment extends beyond thirty (30) school days from the date on which the parents moved out of Auburn. The Superintendent will evaluate the situation and take the following action:
1. Require payment of tuition;
2. Require the child(ren) to be removed from school;
3. Or take any other action the Superintendent deems appropriate.
C. The parent must provide transportation at his/her own expense to transport the child(ren) to school.

III. Admission of Nonresident Students
A. It is the policy of the Auburn School Board not to accept students into the Auburn school system who are not legal residents of the Auburn School District.
B. This policy applies to all students from kindergarten through graduation from high school.
C. The only exceptions to this policy will be for those persons in the following situations:
1. Those persons in the process of moving into Auburn see I above.
2. Those persons in the process of moving out of Auburn see II above.
3. Those persons from other school districts in New Hampshire who are under a reciprocal agreement with the Auburn School District, who are placed in special education classes in the Auburn school system, the tuition is paid by the sending school district in accordance with RSA 186-C:13.

Legal References: RSA 186-C:13, RSA 193:3; RSA 193:12

Proposed: September 11, 1986
Adopted October 9, 1986
Adopted: September 14, 1989
Adopted: November 14, 2000
Reviewed: January 13, 2009
Revised: May 12, 2011
Revised: January 12, 2016

 

Foreign Exchange Students

ASD File: JFABB
AUBURN SCHOOL DISTRICT
FOREIGN EXCHANGE STUDENTS

Purpose
In order to promote cultural awards and understanding and to provide diverse experiences to district students, the Board shall admit foreign exchange students into the school district.

Authority
The Board shall accept foreign exchange students who meet the established guidelines for admission to the school district.

The Board may accept exchange students on a J-1 Visa who reside within the district as participants in group-sponsored exchange programs approved by the Board. The Board may waive tuition for these exchange student(s).

The Board shall accept privately sponsored exchange students on a F-1 Visa for attendance in secondary schools upon payment of tuition at the established district rate; tuition payments may not be waived. The period of attendance shall not exceed twelve (12) months.

The Board reserves the right to limit the number of foreign exchange students admitted to the school.

Delegation of Responsibility
The Superintendent or designee shall be responsible for determining the Visa status and eligibility of foreign exchange students applying for admission to the school district.

Foreign exchange students shall comply with all immunization requirements for students. Once admitted, all exchange students shall be subject to all district policies and regulations governing students.

Adopted: November 14, 2000

Admission Of Homeless Students

ASD File: JFABD
AUBURN SCHOOL DISTRICT
ADMISSION OF HOMELESS STUDENTS

To the extent practical and as required by law, the district will work with homeless students and their families to provide stability in school attendance and other services. Special attention will be given to ensuring the enrollment and attendance of homeless students not currently attending school. Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, bilingual education, vocational and technical education programs, gifted and talented programs and school nutrition programs.

Homeless students are defined as lacking a fixed, regular and adequate nighttime residence, including:
1. Sharing the housing of other persons due to loss of housing or economic hardship;
2. Living in motels, hotels, trailer parks or camping grounds due to lack of alternative adequate accommodations;
3. Living in emergency or transitional shelters;
4. Are abandoned in hospitals;
5. Living in public or private places not designed for or ordinarily used as regular sleeping accommodations for human beings;
6. Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations or similar settings;
7. Are migratory children living in conditions described in previous examples.

The Superintendent and/or designee shall designate an appropriate staff person to be the district’s liaison for homeless students and their families.

To the extent feasible, homeless students will continue to be enrolled in their school of origin while they remain homeless or until the end of the academic year in which they obtain permanent housing. Instead of remaining in the school of origin, parents or guardians of homeless students may request enrollment in the school in which attendance area the student is actually living, or other schools.

If there is an enrollment dispute, the student shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parent or guardian shall be informed of the district’s decision and their appeal rights in writing. Unaccompanied youth will also be enrolled pending resolution of the dispute.

Once the enrollment decision is made, the school shall immediately enroll the student, pursuant to district policies. If the student does not have immediate access to the immunization records, the student shall be admitted under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist. Records from the student’s previous school shall be requested from the previous school pursuant to district policies. Emergency contact information is required at the time of enrollment consistent with district policies.

Homeless students are entitled to transportation to their school of origin or the school where they are to be enrolled. If the school of origin is in a different district, or a homeless student is living in another district but will attend his/her school of origin in this district; the districts will make reasonable efforts to coordinate the transportation services necessary for the student.

The district’s liaison for homeless students and their families shall coordinate with local social services agencies that provide services to homeless children and youths and their families; other school districts on issues of transportation and records transfers; and state and local housing agencies responsible for comprehensive housing affordability strategies. The district’s liaison will also review and recommend to the district policies that may act as barriers to the enrollment of homeless students.

Statutory References:
No Child Left Behind Act, 2002 RSA 193:12, IV (a) (b)

Adopted: December 8, 2003
Revised: January 14, 2020

Sexual Harassment And Sexual Violence

ASD File: GBAA/JBAA
AUBURN SCHOOL DISTRICT SEXUAL HARASSMENT AND SEXUAL VIOLENCE
SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE- STUDENTS

I. PURPOSE
The purpose of this policy is to maintain a learning environment that is free from sexual discrimination, harassment and violence, or other improper or inappropriate behavior that may constitute harassment as defined below.

Sexual discrimination, harassment, and violence are against the law and school board policy. Any form of sexual discrimination, harassment or violence is strictly prohibited.

It is a violation of this policy for any student to harass another student, employee or person within the District through conduct or communication of a sexual nature as defined by this policy.

It is a violation of this policy for any student to be sexually violent toward another student, employee, or person within the District.

The District will investigate all formal complaints of sexual harassment, discrimination, or sexual violence in accordance with the grievance procedures in this policy, and will discipline any student who sexually discriminates, harasses or is sexually violent toward another person within the District. For all complaints the District will offer supportive measures to both complainants and respondents

II. TITLE IX COORDINATOR
The District’s Title IX Coordinator is: The District’s Title IX Coordinator is: Assistant Superintendent, 90 Farmer Rd., Hooksett, NH 03106, mpolak@sau15.net, 603-322-3731 x12.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX, including coordinating the effective implementation of supportive measures and effective implementation of remedies.

The Title IX Coordinator’s responsibilities include establishing a process to notify applicants for employment and admission, students, parents or legal guardians, employees, and all unions of the Title IX Coordinator’s name or title, office address, e-mail address and telephone number.

The District shall post the Title IX Coordinator’s title or name, office address, e-mail address and telephone number in conspicuous places throughout school buildings, on the District’s website, and in each handbook.

III. SEXUAL DISCRIMINATION, HARASSMENT/SEXUAL VIOLENCE DEFINED
Sexual discrimination is discrimination based on sex in the District’s education programs or activities and extends to employment and admissions.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature that satisfies one or more of the following:
1.An employee of the District conditions the provision of an aid benefit, or service on an individual’s participation in unwelcome sexual conduct;
2.Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3.Sexual assault as defined in 20 U.S.C. §1092(f)(6)(A(v) dating violence as defined in34 U.S.C. §12291(a)(10), domestic violence as defined in 34 U.S.C. §12291(a)(8) or stalking as defined in 34 U.S.C. §12291(a)(30).

Sexual harassment may include, but is not limited to:
1.Verbal harassment and/or abuse of a sexual nature;
2.Subtle pressure for sexual activity;
3.Inappropriate patting, pinching or other touching;
4.Intentional brushing against a person’s body;
5.Demanding sexual favors accompanied by implied or overt threats;
6.Demanding sexual favors accompanied by implied or overt promises of preferential treatment;
7.Any sexually motivated unwelcome touching; or
8.Sexual violence that is a physical act of aggression that includes a sexual act or sexual purpose.

Throughout this policy reference to sexual harassment includes sexual discrimination and violence.

IV.REPORTING PROCEDURES

Any student who believes he or she has been the victim of sexual harassment should report the alleged act(s) immediately to a school district employee. That employee shall then report the allegation immediately to an appropriate District official, as designated by this policy. The District encourages the reporting student to use the report form available from the Principal of each building or available from the Superintendent’s office.
1.In each building, the Principal is the person responsible for receiving oral or written reports of sexual harassment. Upon receipt of a report, the Principal must notify the Title IX Coordinator immediately without screening or investigating the report. If the report was given verbally, the Principal shall reduce it to written form within twenty-four(24)hours and forward it to the Title IX Coordinator. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal or designee the complaint shall be filed directly with the Title IX Coordinator.
2.The designated person to receive any report or complaint of sexual harassment and sexual violence is the Title IX Coordinator. If the complaint involves the Title IX Coordinator, the complaint shall be filed directly with the Superintendent.
3.Any person may also report sexual harassment in person, by mail, telephone or e-mail to the Title IX Coordinator at any time including non-business hours.
4.Submission of a complaint or report of sexual harassment will not affect the student’s standing in school, grades, assignments, or right to attend school and receive and education. The use of formal reporting forms provided by the District is voluntary. Certain students, especially younger children, may not be able to submit a written complaint. In such cases, the District will make available alternate methods of filing complaints.

V. DISTRICT’S RESPONSE TO ALL COMPLAINTS OF SEXUAL HARASSMENT
The District will respond promptly and in a manner that is reasonable in light of the known circumstances when it has actual knowledge of sexual harassment in its education programs or activities. Actual knowledge means notice to any employee of the District. Education programs or activities are locations, events, or circumstances over which the District exercised substantial control over both the alleged perpetrator of sexual harassment (the respondent) and the context in which the sexual harassment occurs.

The District will treat complainants and respondents equitably by offering supportive measures and following the grievance process before the imposition of any disciplinary sanctions or other non-supportive measures against the respondent. The District may place an employee on administrative leave during the pendency of the grievance process.

The District may remove a respondent from its education programs or activities on an emergency basis based upon an individualized safety and risk analysis that determines that the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment. The District shall provide the respondent with notice and an opportunity to challenge the decision immediately upon removal.

When the complainant and/or respondent are minor students, notices shall be provided to the student’s parent or legal guardian.

The Title IX Coordinator will 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.

These provisions do not modify rights under the IDEA, Section 504, or the ADA.

The District’s response shall not restrict rights protected by the United States Constitution including the First, Fifth, and Fourteenth Amendments.

VI. SUPPORTIVE MEASURES
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed which 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. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, shadowing, mutual restrictions on contact between parties, changes in work or school locations, leaves of absence, increased security and monitoring of certain areas of the school, and other similar measures.

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

VII. FORMAL COMPLAINTS
A formal complaint is a document filed by a person who is alleged to be the victim of conduct that could constitute sexual harassment (the complainant) or signed by the Title IX Coordinator and requesting that the District investigate the allegation of sexual harassment.

The formal complaint may be filed with the Title IX Coordinator in person, by mail, or e-mail and must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint.

Parents or legal guardians may file complaints on behalf of their children. The complainant’s wishes with respect to investigating a complaint should be respected unless the Title IX Coordinator determines that the Title IX Coordinator’s signing a formal complaint over the complainant’s wishes is not clearly unreasonable in light of the known circumstances.

The Title IX Coordinator may in his/her discretion consolidate formal complaints where the allegations arise out of the same facts. In response to a formal complaint, the District will follow the grievance procedures in this policy.

VIII. GRIEVANCE PROCEDURE FOR FORMAL COMPLAINTS
A. Notice of Allegations The Title IX Coordinator upon receipt of a formal complaint shall provide written notice to the complainant and respondent of the following:
1.The allegations including the date and location of the alleged incident, if known;
2.A statement that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the conclusion of the grievance process;
3.The complainant and respondent may have an advisor of their choice who may but is not required to be an attorney and may inspect and review evidence during the investigation;
4.Provisions in the District’s code of conduct that prohibit knowingly making false statements or knowingly submitting false information;
5.A copy of this Title IX policy.

B. Grievance Procedure Requirements
1.Both the complainant and respondent shall have an equal opportunity to submit and review evidence throughout the investigation;
2.The District will use trained Title IX personnel to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party.
3.The District will protect the parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological or similar treatment records during a grievance process.
4.The District will obtain the parties’ voluntary written consent before using any kind of informal resolution process, such as mediation or restorative justice, and not use an informal process where an employee allegedly sexually harassed a student.
5.The District will apply a presumption that the respondent is not responsible during the grievance process so that the District bears the burden of proof and the standard of evidence is applied correctly.
6.The District will use the preponderance of the evidence standard for formal complaints against students and employees.
7.The District will ensure the decision-maker for determining responsibility is not the same person as the investigator or the Title IX Coordinator.
8.The District will permit the parties to submit written questions for the other parties and witnesses to answer before determining responsibility.
9.The District will protect all complainants from inappropriately being asked about prior sexual history.
10.The District will not restrict the parties’ ability to discuss the allegations under investigation or to gather and produce relevant evidence.
11.The District will send both parties a written determination regarding responsibility explaining how and why the decision-maker reached conclusions.
12.The District will effectively implement remedies for a complainant if a respondent is found responsible for sexual harassment.
13.The District will offer both parties an equal opportunity to appeal.
14.The District will protect all individuals, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment, or participating or refusing toparticipate in any Title IX grievance process.
15.The District will make all materials used to train Title IX personnel publicly available on the District’s website.
16.The District will document and keep records of all sexual harassment complaints, investigations, and training for seven (7) years.

IX. INVESTIGATION
The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the complaint), upon receipt of a formal complaint alleging sexual harassment shall immediately authorize an investigation. This investigation may be conducted by District officials or by a third party designated by the District. The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Title IX Coordinator. If the Title IX Coordinator is the subject of the complaint, the report shall be submitted to the Superintendent.

In determining whether alleged conduct constitutes sexual harassment, the District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. Students who are interviewed may have a parent present during the interview.

If during the investigation, the District decides to investigate allegations not in the formal complaint, the Title IX Coordinator shall provide written notice to the parties of the additional allegations. The District shall provide to a party whose participation is invited or expected written notice of the date, time, location, participants and purposes of all investigative interviews, other meetings, or hearings with sufficient time for the party to prepare to participate.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint including evidence that the investigator does not intend to rely upon. Each party shall have an opportunity to respond to the evidence. Prior to the completion of the investigation report, the investigator must send to each party and the party’s advisor, if any, either in electronic format or hard copy the evidence subject to inspection and review. The parties shall have at least ten (10) days to submit a written response.

The investigator shall create an investigation report fairly summarizing the relevant evidence. The investigator shall send each party and the party’s advisor, if any, a copy of the investigation report either in electronic format or hard copy. The parties have ten (10) days to review the investigation report and file a written response.

X. DETERMINING RESPONSIBILITY
A decision-maker who is not the Title IX Coordinator or investigator must issue a written determination regarding responsibility based on a preponderance of evidence.

Before reaching a determination, the decision-maker must provide each party the opportunity to submit written, relevant questions of any party or witness provide both parties with the answers, and allow for additional, limited follow-up questions. If the decision-maker determines a question is not relevant, the decision-maker must provide a written explanation to the party proposing the question.

XI. WRITTEN DETERMINATION OF RESPONSIBILITY
The decision-maker’s written determination must include:
1.An identification of the allegations potentially constituting sexual harassment;
2.A description of the procedural steps taken by the District from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
3.Findings of fact supporting the determination;
4.Conclusions regarding the application of the District’s code of conduct to the facts;
5.A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District imposes on the respondent, and 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
6.The District’s procedures and permissible bases for the complainant and respondent to appeal.

The District must provide the written determination to the parties simultaneously. The responsibility determination 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.

XII. DISMISSAL OF FORMAL COMPLAINT
A. Mandatory Dismissal
If the allegations in the formal complaint are not sexual harassment even if proved; or did not occur in the District’s education program or activity; or did not occur against a person in the United States, the District will dismiss the formal complaint.
B. Permissive Dismissal
The District may dismiss the formal complaint, or any allegations, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint, or any allegations therein; or the respondent is no longer enrolled or employed by the District; or specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
The District shall promptly send to the parties simultaneously written notice of the dismissal and reasons.

XIII. APPEALS
Within ten (10) days of the receipt of the written determination, the complainant and respondent may appeal to the Superintendent the dismissal of a formal complaint or any allegations; or the determination of responsibility for the following reasons:
1.Procedural irregularity that affected the outcome of the matter;
2.New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
3.The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
The Superintendent shall notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
In the appeal, both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging the outcome. The Superintendent shall issue a written decision describing the result of the appeal, the rationale for the result, and provide the written decision simultaneously to both parties within ten (10) days of receiving all information submitted by the parties.

XIV. REPRISAL/RETALIATION
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. The District will keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA, or as required by law, or to carry out Title IX, including the conduct of any investigation, hearing of judicial proceeding arising thereunder. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination. The exercise of rights protected under the First Amendment does not constitute retaliation.

XV. ALLEGED CONDUCT NOT PROHIBITED UNDER TITLE IX
Allegations of conduct that are not prohibited by Title IX may be investigated under the District’s other policies and rules of conduct.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL
ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute child abuse or sexual abuse under New Hampshire law. In such situations, the District shall comply with said laws including any reporting obligations.

XVII. DISCIPLINE
The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and prevent its recurrence.

XVIII. ALTERNATIVE COMPLAINT PROCEDURES, LEGAL REMEDIES, AND INQUIRIESABOUT TITLE IX
At any times, whether or not an individual files a complaint or report under this policy, an individual may file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commission for Human Rights

1.Office for Civil Rights, U.S. Department of Education, 5 Post Office3 Square, 8th Floor, Boston, MA 02019-3921; Telephone number (617) 289-0111; Fax number (617) 289-0150; E-mail OCR.Boston@ed.gov.
2.New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH03301; Telephone number (603) 271-2767; E-mail humanrights@nh.gov.
Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law. Inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant Secretary of the United States Department of Education, or both.

Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law. Inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant Secretary of the United States Department of Education, or both.

XIX. AGE-APPROPRIATE SEXUAL HARASSMENT POLICY
Ed 303.01(j) requires the school board to establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all students. This policy is intended to apply to middle-school and high-school aged students. The Superintendent and Building Principal(s) are charged with establishing policies, rules, protocols and other necessary age-appropriate information or materials for the District’s elementary schools.

XX. RECORD KEEPING
The District must maintain all records relating to a sexual harassment complaint, investigation, and training for seven (7) years.

Legal Reference: Title IX NH Code of Administrative Rules, Section Ed. 303.01(j), Substantive Duties of School Boards; Sexual Harassment Policy NH Code of Administrative Rules, Section 306.04(a)(8), Student Harassment NH Code of Administrative Rules, Section 306.04(a)(9), Sexual Harassment

Adopted: January 12, 1985
Adopted: June 13, 2000
Revised: June 8, 2021