Title IX Process

Reporting Allegations/Filing a Formal Complaint

A staff member or a student who is the alleged victim of sexual harassment or the student’s parent/guardian may submit a printed PDF or Google Document formal complaint of sexual harassment to HTH's Title IX Coordinator or to any other available school employee, who shall promptly forward the report to the Title IX Coordinator within one school day of receiving the report. 

If the Title IX Coordinator becomes aware of allegations of sexual harassment and a formal complaint has not yet been filed, the Title IX Coordinator shall inform the complainant of the right to file a formal complaint and the process for filing a formal complaint.

A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, email, using the printed form or digital form. or by any other method authorized by HTH. Attached hereto is a copy of the complaint form which may be used. 

Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator shall file a formal complaint in situations when a safety threat exists. In addition, the Title IX Coordinator may file a formal complaint in other situations as permitted under the 2020 Title IX regulations, including as part of HTH’s obligation to not be deliberately indifferent, to known allegations of sexual harassment. In such cases, the Title IX Coordinator shall provide the alleged victim notices as required by the Title IX regulations at specific points in the complaint process. 

The Title IX Coordinator, investigator, Decision Maker, or a facilitator of an informal resolution process shall be trained in accordance with Title IX regulations and not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Grievance Process

To respect the privacy of all parties, complaints  shall be handled with confidentiality to the fullest extent possible under the law;HTH will work to protect the privacy of individuals who have made a report or complaint, respondents, and witnesses except as may be permitted by the Federal Family Education Rights and Privacy Act (“FERPA”), required by other law, or necessary to carry out the Title IX grievance process. 

If a formal complaint is filed and the complaint rises to the level of conduct that meets the definition and jurisdiction of Title IX Sexual Harassment under the 2020 Regulations, the grievance process begins. 

The grievance process includes the following steps, which are covered in more detail below:

• Written Notice of Allegations

• Investigative Procedures

• Determination Regarding Responsibility
  
  

1. Written Notice in the Notice of Allegations

If a formal complaint is filed, the Title IX Coordinator shall provide the known parties with a written Notice of Allegations that includes the following: 

• HTH's complaint process, including any informal resolution process.
  
  

• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process.
  
  

• The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence in accordance with the law.

• Sufficient information available at the time to allow parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sexual harassment, and the date(s) and location(s) of the alleged incident(s).
  
  

• The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process. 

• A notice that Retaliation is strictly prohibited.
  
  

• Information about the Informal Resolution process.
  
  

• A statement that parties are entitled to an equal opportunity to inspect and review relevant, and not otherwise impermissible, evidence obtained as part of the investigation.

• A statement about supportive measures
  
  

• The notice shall also include the name of the investigator, facilitator of an informal process, and Decision Maker and shall inform the parties that if at any time a party has concerns regarding conflict of interest or bias regarding any of these persons, the party should immediately notify the Title IX Coordinator.

If, during the course of the investigation, new Title IX allegations arise about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.

Investigation Procedures 

After the Notice of Allegations are sent, the Investigation portion of the grievance process will commence.  The Investigator will provide an equal opportunity for the parties to present relevant witnesses, including fact and expert witnesses, but not including character witnesses. The Investigator will objectively evaluate all relevant evidence, including inculpatory and exculpatory evidence, will determine credibility of witnesses and evidence, and will create an Investigative Report that fairly summarizes relevant evidence and will send the same copy of this report to both parties and their advisors. 

During the investigation process, HTH’s designated investigator shall: 

• Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

• Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

• Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. Advisors are oftentimes but not required to be a student’s parent. HTH is not required to pay for an advisor. 

• Not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding, although HTH 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.  

• Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate.

• Send in an electronic format or hard copy to both parties and their advisors, if any, the evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, and provide the parties at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report. 

• Objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person's status as a complainant, respondent, or witness.

• Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the determination of responsibility, send to the parties and their advisors, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if 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. 

Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws. If the complaint is against an employee, rights conferred under an applicable collective bargaining agreement shall be applied to the extent they do not conflict with the Title IX requirements.

After sending the investigative report to the parties and before reaching a determination regarding responsibility, HTH shall afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. 

Both parties will have Ten (10) calendar days to inspect and review evidence related to allegations and provide, to the Investigator, a written response. 

The Investigator will finalize the Investigative Report and will provide both parties with an additional Ten (10) calendar days to review the final report and provide written feedback to the Investigator. 

Determination Regarding Responsibility 

Upon completion of the Investigation and review of the Investigative Report, the Title IX Coordinator will provide the Investigator’s Written Investigative Report to the HTH Decision Maker.  The Decision Maker will review the report and any written responses. The Decision Maker may have questions to ask the Investigator about either the investigative process or facts as presented in the report. The Decision Maker will then provide both parties an opportunity of Three (3) days to ask questions from Complainant to the Respondent or Respondent’s Witnesses AND Questions from the Respondent to the Complainant or Complainant’s Witnesses. The Decision Maker will determine if these questions are relevant and sent to the parties or if they are not relevant and not sent to the parties. 

The Decision Maker or designee determines responsibility for the alleged conduct. The Decision Maker shall not be the Title IX Coordinator or a person involved in the investigation of the matter. 

The Decision Maker shall issue, and simultaneously provide to both parties, a written determination as to whether the respondent is responsible for the alleged conduct. The written decision shall be issued within 60 calendar days of the receipt of the complaint. This timeframe may be reasonably extended by HTH for good cause with written notice to the complainant and respondent of the extension and the reasons for the action. 

In making this determination, the Decision Maker shall use the "preponderance of the evidence" standard for all formal complaints of sexual harassment under Title IX. The same standard of evidence shall be used for formal complaints against students as for complaints against employees. 

The written determination shall include the following: 

• Identification of the allegations potentially constituting sexual harassment as defined in this Policy. 

• A description of the procedural steps taken from receipt of the formal complaint through the written decision, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence. 

• Findings of fact supporting the determination.

• Conclusions regarding the application of HTH's code of conduct or policies to the facts.

• A statement of, and rationale for, the result as to each allegation, including a decision regarding responsibility, any disciplinary sanctions HTH imposes on the respondent, and whether remedies designed to restore or preserve equal access to HTH's educational program or activity will be provided by HTH to the complainant; and 

• HTH's procedures and permissible bases for the complainant and respondent to appeal.