AC-R October 13 - redline.pdf (66 KB)

​AC-R​ ​Boulder Valley School District​ ​Adopted:​​May 11, 1995​ ​Revised:​​October 10, 2019, June 11, 2024, September 23, 2025, October​ ​13, 2026​ ​NONDISCRIMINATION AND EQUAL OPPORTUNITY​ ​(COMPLAINT/GRIEVANCE AND COMPLIANCE PROCESS)​ ​Associated Policy: AC - Nondiscrimination/Equal Opportunity​ ​The School District encourages reporting of complaints of discrimination and harassment and​ ​has adopted the following procedures to promptly and fairly address such complaints and​ ​concerns, including complaints of sex-based harassment.​ ​Reporting Discrimination and Harassment​ ​All individuals impacted by or who have witnessed acts of discrimination or harassment in the​ ​School District’s programs or activities are encouraged to promptly report the incident to an​ ​administrator or supervisor and/or by completing the District’s AC-E2 reporting form.​ ​General Procedure​ ​Upon receiving an allegation that, if proven true, constitutes discrimination or harassment​ ​under this Policy, the Compliance Officer or Designee will meet with the Complainant as soon​ ​as is reasonably possible, typically within 10 school or work days, following the School​ ​District's receipt of the complaint/grievance (unless otherwise agreed) in order to discuss​ ​supportive measures, obtain a clear understanding of the nature of the complaint/grievance,​ ​and to discuss what action the Complainant may be seeking.​ ​During this initial conference, the Compliance Officer or Designee shall explain:​ ​● ​the avenues for resolution, including informal and formal. ​● ​the complaint/grievance process. ​● ​the School District’s obligation by law, regardless of whether the individual files a ​formal written complaint/grievance or otherwise requests action, to take steps to ​correct and prevent discrimination or harassment against anyone who makes a report ​or participates in an investigation. ​● ​that any request for confidentiality shall be honored so long as doing so does not ​preclude the School District from responding effectively to prohibited conduct and ​preventing future prohibited conduct. I​nformal Resolution​ I​f the Complainant and the individual alleged to have engaged in the prohibited conduct​ ​consent to informal action and the Compliance Officer or Designee believes that the matter is​

​suitable to such resolution, the Compliance Officer or Designee may attempt to resolve the​ ​matter informally through mediation, counseling, restorative justice, or other non-disciplinary​ ​means. No party shall be compelled to resolve a complaint/grievance of discrimination or​ ​harassment informally and either party may request an end to the informal process at any​ t​ime. Before proceeding with Informal Resolution, the School District will provide written​ ​notice to both parties. If both parties feel a resolution has been achieved through the informal​ ​process, then no further compliance action must be taken. Formal Complaints resolved​ ​pursuant to the Informal Resolution Process will be considered fully resolved and will not be​ ​subject to further investigation.​ ​Formal Resolution​ I​f informal resolution is inappropriate or unsuccessful, the Compliance Officer or Designee​ ​(usually the school or department leader) must promptly proceed with an impartial and​ ​unbiased investigation into the allegations to determine whether and/or to what extent,​ ​discrimination or harassment has occurred.​ ​The Compliance Officer or Designee will objectively evaluate relevant evidence and the​ f​ollowing types of information in determining whether discrimination and/or harassment has​ ​occurred:​ ​● ​● ​● ​● ​●

​Evidence and testimony presented by the parties involved; ​Statements by any witness to the alleged incident; ​Evidence about the relative credibility of the parties involved; ​Other contemporaneous evidence; and/or ​Any other evidence deemed relevant by the Compliance Officer or Designee.

​Factors to consider under the totality of the circumstances include, but not limited to:​ ​the type, nature, frequency, location, and duration of the conduct; ​the relationship between the individuals involved; ​whether the conduct or communication is threatening; ​the age, education level, and number of individuals involved; ​whether any power differential exists between the individual alleged to have engaged i​n the harassment and the individual alleging the harassment; ​● ​use of epithets, slurs, or other conduct or communication that is humiliating or ​degrading; whether the conduct or communication reflects stereotypes about an i​ndividual or group of individuals in a protected class; ​● ​the context in which the conduct occurred; and/or, ​● ​the effect on the Complainant’s education or employment. ​● ​● ​● ​● ​●

I​n some cases, a single severe act—such as an act of physical violence—can amount to​ ​harassment if the act is based on any class protected by federal and/or Colorado law.​ ​Conduct or communication that, at one time, was or is welcome between one or more​ i​ndividuals may become unwelcome to those individuals.​

​Upon concluding the investigation, the Compliance Officer or Designee shall prepare a written​ ​report containing findings and recommendations, as appropriate, within 45 school or work​ ​days of receipt of the complaint/grievance or 30 school or work days following the termination​ ​of the informal resolution process. The Compliance Officer may extend this timeline for good​ ​cause with notice to the parties that includes the reason for the extension.​ ​The Compliance Officer or Designee shall issue to all parties contemporaneously in writing​ ​ ​ ​ ​ ​

​Appeal​ ​Should the Complainant or Respondent disagree with the findings, they may appeal the​ ​decision by submitting a written letter of appeal to the Compliance Officer within 10 school​ ​days (for students) or work days (for employees) after receiving notification of the final​ ​outcome of the investigation. Grounds for appeal shall be limited in accordance with​ ​applicable law to:​ ​● ​Procedural irregularity that affected the outcome of the matter; ​● ​New evidence that was not reasonably available at the time the determination was ​made, that could affect the outcome of the matter; and, ​● ​A conflict of interest or bias for or against the parties that affected the outcome of ​the matter. ​The written appeal should include any additional evidence to be considered and state with​ ​specificity the disagreements with the decision. The Compliance Officer shall review the​ ​evidence and will notify the parties in writing of a final decision within 10 school or work days​ ​after receiving the written appeal. The Compliance Officer may 1) affirm the written​ ​determination; 2) overturn the written determination, or 3) send the report back for additional​ i​nvestigation. The Compliance Officer’s decision to affirm or overturn the written​ ​determination will be final. In the event the Compliance Officer was the decision-maker in the​ ​underlying complaint, a Designee will be assigned to process the appeal.​ ​Hearing Procedure​ ​For allegations under Section 504 and as otherwise required by law, the Complainant may​ ​request a hearing. This hearing procedure will not address guilt or innocence or disciplinary​ ​consequences; those issues shall instead be governed by the Board's discipline policies and​ ​procedures.​ ​The hearing officer will be an administrative employee of the School District or other​ ​appropriate person designated by the School District. The hearing shall be informal. Students​

​shall be entitled to be represented by their parent/guardian or by an attorney. Employees shall​ ​be entitled to be represented by an attorney or other representative of their choice. The​ ​Complainant may appear at the hearing and shall be entitled to present testimony and other​ ​evidence. Formal rules of evidence shall not apply. The Compliance Officer or Designee may​ ​represent the School District at the hearing and shall likewise be entitled to present testimony​ ​and other evidence. The hearing shall be closed to the public.​ ​The hearing officer shall make a written recommendation to the Superintendent based upon​ ​evidence presented at the administrative hearing. Within 10 school days of receiving the​ ​hearing officer's recommendations, the Superintendent or Designee shall determine any​ ​remedial or corrective action deemed appropriate.​ ​Remedial or corrective actions shall include measures designed to stop the discrimination or​ ​harassment, correct its negative impact on the affected individual, ensure that the conduct​ ​does not recur, and restore lost educational opportunities.​ ​Any party not satisfied with a decision made by the Superintendent may present their​ ​concerns to the Board. Any action taken by the Board shall be final.​ ​Nothing contained here shall be interpreted to confer upon any person the right to a hearing​ i​ndependent of a Board Policy, administrative procedure, statute, rule, regulation or​ ​agreement expressly conferring such right.​ ​Outside Agencies​ ​In addition to or as an alternative to filing a complaint/grievance pursuant to this Policy, a​ ​person may file a discrimination complaint/grievance with outside agencies as identified and​ l​isted in Board Policy AC-E1.​