Committed to Serving Children
This policy is designed to address conduct that might reasonably lead the school to forecast substantial disruption of or material interference with school activities, undermine the school’s basic educational mission or interfere with the rights of others. Students are expected to recognize that their conduct, especially while wearing the school uniform, should reflect the core principles of Friendship Public Charter School.
The following are details regarding when the policy applies, what disciplinary action may be taken for violating the policy, what the list of infractions are and other school policies parents must review with their children.
Jurisdiction
The provisions of this Code of Conduct are to control, regulate or establish standards for the actions, behavior or activities of students at Friendship. Provisions are enforceable by school authorities during regularly scheduled school hours, as well as other times and places, including, but not limited to the following: When a student is on or off school grounds participating in or attending any function or activity (including, but not limited to, the regular school day, extended learning, extra-curricular activities, field trips or class trips) sponsored or funded by Friendship Public Charter School; and/or occurs on public or private transportation (including, but not limited to public transportation such as WMATA, or private transportation such as rideshare, chartered bus/van, personal vehicles, or OSSE DOT vehicles), in which the misconduct directly affects the good order and efficient management of the school day or activity, and/or the physical, social or emotional welfare of other students (including but not limited to bullying and cyberbullying).
Alternate Instruction
For students who receive out-of-school suspensions, arrangements will be made between the school and each individual family for picking up work and making up any missed assignments and classroom instructional support. Students who are suspended during the period of state assessment administration will be allowed to take the state assessment and will be required to leave school grounds after daily completion of the assessment. Additionally, Friendship complies with the laws and regulations pertaining to special education students receiving appropriate due process and services.
The purpose of the behavioral guidance document is to provide teachers and administrators with direction when determining the appropriate tier of interventions and/or responses to address student behaviors.
*TIER 1
BEHAVIORIAL GUIDANCE: Appropriate when the behavior is a minor infraction and the student has had no prior incidents.
RESPONSES:
Teacher interventions – These interventions aim to correct behavior so students can learn and demonstrate safe and respectful actions. Teachers are encouraged to implement a variety of teaching and classroom management strategies. Strategies and interventions may be elevated to an administrative response if the teacher is unable to address the behaviors.
POSSIBLE INTERVENTIONS/CONSEQUENCES:
*TIER 2
BEHAVIORIAL GUIDANCE: Appropriate when supports have been put in place in the classroom and/or school community to address behavior, but the behavior has continued to negatively influence the learning of the student and others.
RESPONSES: Administrator interventions and responses – These interventions shall involve the school administrators who aim to correct behavior by stressing the negative impact of the behavior while keeping the student in school.
Tier 2 behaviors result in school-based and administrative intervention responses. These interventions often involve support staff, both schoolbased and within the broader community, and aim to engage the student’s support system to ensure successful learning and consistency of interventions and to change the conditions that contribute to the student’s inappropriate or disruptive behavior.
In addition to the interventions listed under Tier 1, the following may be appropriate:
NOTE: If the student has had two or more Tier 1 or 2 behaviors, the teacher/school staff is required to make a mandatory referral to the Student Support Team or if the student has a 504 or IEP, the student’s 504 team or IEP team must be notified and included in the behavioral interventions. The 504/IEP team should consider counseling and/or a Functional Behavior Assessment and Behavioral Intervention Plan.
*TIER 3
BEHAVIORIAL GUIDANCE: Appropriate when the seriousness of the behavior has a negative impact on the school community or when previously documented interventions and supports have been put in place but the behavior is continuing or escalating.
RESPONSES: Administrator interventions and/or disciplinary responses – These interventions address behaviors not specifically enumerated in any other tier that cause disruption to the academic environment or harm (physical or emotional) to self and/or others. In addition to lesser consequences, Tier 3 behaviors may result in an on-site suspension. These interventions shall involve school administrators and support staff, both school-based and within the broader community, and aim to engage the student’s support system to ensure successful learning and consistency of interventions and to change the conditions that contribute to the student’s inappropriate or disruptive behavior.
Interventions often involve support staff, both school based and within the broader community, and aim to engage the student’s support system to ensure successful learning and consistency of interventions and to change the conditions that contribute to the student’s inappropriate or disruptive behavior.
In addition to the interventions listed in Tier 1 and Tier 2, the following intervention may be implemented:
NOTE: If the student has had two or more Tier 2 or 3 behaviors, the teacher/school staff is required to make a mandatory referral to the Student Support Team or if the student has a 504 or IEP, the student’s 504 team or IEP team must be notified and included in the behavioral interventions. The 504/IEP team should consider counseling and/or a Functional Behavior Assessment and Behavioral Intervention Plan.
*TIER 4
BEHAVIORIAL GUIDANCE: Appropriate when the impact on the school community seriously disrupts the educational process and/or when documented interventions and supports have been put in place but the behavior continues to escalate and disrupt the educational process.
RESPONSES: Administrator interventions and/or disciplinary responses – These interventions address behaviors not specifically enumerated in any other tier in this policy that cause serious disruption to the school operation, destroy school property, or cause harm to self or others.
Tier 4 behaviors result in school-based and administrative disciplinary responses that can include an off-site suspension. These interventions shall involve school administrators and support staff, both school-based and within the broader community, and aim to engage the student’s support system to ensure successful learning and consistency of interventions and to change the conditions that contribute to the student’s inappropriate or disruptive behavior.
In addition to the interventions listed above in Tier 1, 2, or 3, the following interventions may be implemented:
NOTE: If the student has had two or more Tier 2, 3, or 4 behaviors, the teacher/school staff is required to make a mandatory referral to the Student Support Team. If the student has a 504 or IEP, the student’s 504 team or IEP team must be notified and included in the behavioral interventions. The 504/IEP team should consider counseling and/or a Functional Behavior Assessment and Behavioral Intervention Plan.
*TIER 5
BEHAVIORIAL GUIDANCE: May be appropriate when behavior presents an imminent threat of serious harm to the school community, or when the student has engaged in chronic and extreme disruption of the educational process. This includes acts that are illegal, cause significant disruption to the school operation, or cause substantial harm to self or others.
RESPONSES: These interventions shall involve the removal of a student from the school environment because of the severity of the behavior. This may involve the placement of the student in an alternative environment that provides additional structure to address the behavior. These interventions focus on maintaining the safety of the school community and ending behavior that is harmful to the student or others. The duration of an extended suspension, expulsion, or alternative placement will be limited to the least amount of time necessary to adequately address the behavior.
In addition to any other interventions listed above in Tier 1, 2, 3, or 4:
NOTE: A student’s failure to adhere to mutually agreed upon expectations after an expulsion recommendation has been rescinded will result in the reinstatement of the original expulsion recommendation. This can result in additional disciplinary action that includes expulsion.
Permitted Exclusionary Times for Disciplinary Actions – Click here to view
Academic Dishonesty – Using or submitting information through methods not approved by teachers or administration, obtaining data that is classified, and/or taking ownership for information or documentation that is not created by the student. This includes, but is not limited to, plagiarizing, cheat sheets, unapproved materials during testing, possession of answer keys or tests, and/or completing another student’s assignment. Intentionally or knowingly helping or attempting to help another to commit an act of academic dishonesty.
Attack – An aggressive and violent action against a person.
Bullying – Friendship defines bullying as any severe, pervasive, or persistent act or conduct whether physical, electronic, or verbal that:
1. May be based on a youth’s actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business, or any other distinguishing characteristic, or on a youth’s association with a person or group with any of the actual or perceived foregoing characteristics; and
2. Can reasonably be predicted to: a. Place the youth in reasonable fear of physical harm to their person or property; b. Cause a substantial detrimental effect on the youth’s physical or mental health; c. Substantially interfere with the youth’s academic performance or attendance; or d. Substantially interfere with the youth’s ability to participate in or benefit from the services, activities or privileges provided by an agency, educational institution or grantee.
Refer to the Friendship Bullying Policy (available online) for the investigative process.
Disorderly Conduct – Includes yelling, running, pushing, shoving, or engaging in horseplay. Excessive verbal abuse or physical interaction that results in disruption is also considered disorderly conduct.
Expulsion – Permanent dismissal of a student from the school program. If an expulsion is approved, it is the responsibility of the parent/guardian to place the student in another school. The special education team will assist parents of students with special needs to ensure the student is enrolled elsewhere.
Fabrication/Forgery/Alteration/Destruction – Intentional or unauthorized creation, alteration, falsification, destruction, or invention of any official document, including but not limited to 911 phone calls, issuing a bomb threat, or setting off a fire alarm.
Gambling – Participation in any game where money or other items have been or may be exchanged. Any spectator is deemed a promoter of gambling and may face disciplinary action.
Gang-Related Activity – A gang is any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts and having a common name or common identifying signs, colors or symbols. Gang-related activity is any conduct engaged in by a student 1) on behalf of a gang, 2) to perpetuate the existence of any identified gang, or 3) to promote the common purpose and design of any identified gang.
Group Fighting – A physical altercation involving more than two participants.
Harassment – Words and/or actions directed toward an individual or group of individuals to intimidate, degrade, and/or fail to respect another person’s dignity. Harassment includes, but is not limited to, references made to a person or group based upon age, sex, sexual orientation, gender, race, religion or ethnic origin. Verbal comments, sexual name- calling, gestures, jokes, slurs or spreading sexual rumors directed toward an individual or group is also considered harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other unwelcome verbal or physical contact of a sexual nature.
Incendiary – A bomb or combination of chemicals used to start a fire (e.g., matches, lighters, explosives).
Possession – Having the item(s) on one’s personal property; or under one’s control by placement of and knowledge of the location of the item(s) on school property or willing to transfer or accept any prohibited object/item to/from any other person who possesses or brings the item on school grounds.
Sexual Assault – Any unwanted sexual contact or attention achieved by force, threats, bribes, manipulation, pressure, tricks, or violence.
Sexual Acts – Inappropriate touching or feeling.
Sexual Contact – Consensual sexual activity, including sexting.
Suspension – Temporary dismissal of a student from the regular school program and school-sponsored events for the allotted time assigned by a school administrator. Suspensions can range from 1 to 45 school days, depending on the seriousness of the violation. Students are expected to complete work packets while they serve their suspension. Special Education students will receive appropriate services required under the law. After a suspension, parents/ guardians are responsible for scheduling a conference with a Friendship administrator on or before the day the student returns from suspension.
Theft – Acceptance, possession, sale, purchase, transfer and/or taking of property belonging to another person without his/her consent and knowledge.
Threatening an Individual – Verbal or physical acts and/ or written statements regarding harm to an individual’s life, physical or emotional well-being and/or personal property. Additionally, obtaining or attempting to obtain any item or money by intimidation, force, fraud or illegal use of authority is considered extortion. These actions include but are not limited to arguing, balling up fist, writing notes, extortion, displaying a weapon or posturing.
Trespassing – Trespassing is unauthorized presence on school property or at a school event, including those off school grounds. It also includes a student entering any area without authorization to do so. If suspended or expelled from school, a student is not allowed on any school district property or allowed to participate in school sponsored extra-curricular activities on campus or off- site.
Vandalism / Destruction of Property – Willful or malicious destruction, defacement or damage to school and/or personal property.
Weapon – A weapon, device, instrument, material or substance, animate or inanimate that is used for, or is readily capable of, causing death or serious bodily injury, except that such item does NOT include a pocket knife with a blade of less than 2 ½ inches in length.
1. All notices regarding disciplinary action will be provided to the parent in writing on the date the school makes a decision to suspend the student and must be signed by a school administrator or designee.
2. Students under 14 years of age, who have been given an out-of-school suspension or expulsion, may not leave school grounds during school hours unless
a. accompanied by a parent/guardian or parent/ guardian designee. Parents/guardians of students 14 years of age or older who have been suspended or expelled will be extended the opportunity to be accompanied from school grounds by a parent, guardian or their designee.
3. Short-Term Suspensions: The school administrator or designee may suspend a student for periods of short- term suspensions for no more than nine (9) cumulative days in a school year.
4. Long-term Suspensions of 10 days or more and/or Expulsion: The school administrator or designee may only recommend:
a. Long-term suspension of 10 days or more and /or
b. Expulsion
5. All recommendations for 6-9 day suspensions or expulsions will be reviewed by the Community Office or Board of Trustees for a final decision. Note: The Board of Trustees’ Discipline Committee does, in the event of disagreement between the Community Office and the school administrator, render the final discipline determination.
6. In calculating days of suspension, days served will not include days when school is not in session for students, including but not limited to school closure days, school holidays, spring break and summer break, unless the student is required to attend Summer Learning Academy or extended year services.
For example, if the student is suspended on the day before spring break, the days during spring break will not count as days the student served on suspension.
7. Once a student is suspended, a student homework packet must be available for a parent to retrieve within one business day
8. For students with IEPs, 504 Plans and students who are in the process of being evaluated for special education who are suspended for more than 10 days in a school year, a multi-disciplinary team will review all relevant educational records contained in the student’s file or in possession of the school to determine whether the student’s violation of school rules was a manifestation of the student’s disability.
a. If it is determined that the student’s behavior was a manifestation of the student’s disability, the student will be returned to his/her educational placement.
b. If it is determined that the student’s behavior was not a manifestation of his/her disability, the student’s file will be reviewed to determine disciplinary action in accordance with the policies contained in this section.
1. Upon notification of disciplinary action, a parent/ guardian/student shall have 48 hours to contact the school administrator to request a meeting.
2. During the meeting, the school administrator, the student/ parent/guardian shall have the right to review the summary of the incident, present witnesses and evidence on their behalf, cross examine witnesses presented by the school and to request that the school administrator reconsider the disciplinary action.
3. In the event that the administrator is unwilling to reconsider the proposed disciplinary action, the student/parent/guardian has the right to appeal any suspension of 10 days or more as well as a recommendation for expulsion by contacting the Community Office at (202) 281-1700 within 24 hours of the meeting with the school administrator.
4. The student / parent/guardian/ can submit letters from witnesses, character letters, a statement from the student and any other information relevant to the case in writing within 48 hours of contacting the Community Office. Community Office representatives, consisting of at a minimum two (2) administrators at the manager level or above, may also elect to speak with the parent and student regarding the incident.
5. The student/parent/guardian may also request as part of their appeal to have a hearing before the representatives or designees of the Board of Trustees. The representatives or designees of the Board of Trustees who will hear the appeal will consist of at a minimum two (2) administrators at the manager level or above.
1. All recommendations for suspensions of 10 days or more and expulsion will be reviewed by the Community Office for final determination, regardless of the parent/guardian/student request for appeal. FERPA authorizes disclosure without prior consent to officials and teachers within the school or agency who have a legitimate educational interest and other K-12 schools or school systems to which the student seeks or intends to enroll or is already enrolled as well as post-secondary institutions to which the student seeks to enroll. In the above instances, the student’s educational records can be disclosed without prior consent if the person or agency to which the records are being disclosed has a legitimate educational interest.
2. In the case of an appeal, additional information submitted by the parent/guardian/student within the 48-hour timeframe, as well as any information obtained from a hearing, if one is requested, will also be considered.
3. Determinations made at the Community Office by representatives or designees of the Board of Trustees shall be final and will be communicated to the parent/ guardian/student and school administration in writing.
Alternative Programs: A student may be assigned to or offered the opportunity to participate in alternative programs available if, in the opinion of school officials, such assignment would benefit the student. A student with a disability should be referred to the IEP team to determine appropriate services and placement.
Why is attendance important?
Students who are not in school consistently and on time miss valuable instruction and the opportunity to progress to their fullest potential. Instilling in your child the need to attend school daily and on time will also foster good habits for later in life when they enter college and the workforce. Please let us know if you are experiencing any circumstances that are preventing you from partnering with us to make sure your child attends school regularly and on time. Students are expected to be present every day. Students must arrive at school prior to the official start of the school day, remain in school until the official close of the school day and arrive to all classes on time in accordance with the school’s bell schedule. If a student is absent, a parent or guardian must submit valid written documentation to excuse the absence within 5 days of the student’s return to school. Failure to submit the written excuse note within 5 days will cause the absence to be unexcused.
Friendship Policy and Legal Consequences Regarding Absences
The accumulation of absences will harm your child’s academic standing and will result in your violation of the District of Columbia’s compulsory school attendance requirements. Failure to meet established attendance guidelines will result in the following consequences except in extenuating circumstances left to the discretion of the principal or school administrator.
Note: Students who are un-enrolled from Friendship are not eligible to return during the school year in which they are un-enrolled. If an un-enrolled student wants to return for the next school year, he or she will need to enroll through the MySchoolDC Common Lottery.
Excused/Unexcused Tardiness and Early Pick-Up
Late arrival and early pick-up are violations of the attendance policy. Students who are tardy must sign in with the main office and must provide a valid reason for their tardiness. Students arriving late may also be assigned to tardy hall to prevent classroom disruption. Students will be integrated into the classroom as soon as possible. We request that parents schedule medical, dental and other appointments for students outside of school hours. All absences accrued as a result of tardiness and early pick-up are subject to the Friendship attendance requirements.
Late Pick-Ups
If your child has not been picked up by the official end of the day, we are required to notify Child and Family Services. Your child will be picked up by an MPD officer and taken to the CFSA agency. Please make sure you call the front office in the event of an emergency.
Excused Absences
Absences can only be excused for the reasons listed below and only with required documentation for excuse notes listed in the following section:
Attendance/Truancy Due Process
Truancy Cases of Up to 10 Days of Absences
Truancy Cases of Greater Than Ten (10) Days Absences
In accordance with Title VI of the Civil Rights Act of 1964 (“Title VI”), Title IX of the Education Amendments of 1972 (“Title IX”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), Title II of the Americans with Disabilities Act of 1990 (“ADA”), and the Age Discrimination Act of 1975 (“The Age Act”), as well as all other nondiscrimination laws, Friendship Public Charter School does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.
For further information on notice of non-discrimination, visit http://wdrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area or call 1-800-421-3491. Also, the District of Columbia Human Rights Act, approved December 13, 1977 (DC Law 2-38; DC Official Code §2-1402.11(2006), as amended) states the following: Pertinent section of DC Code § 2-1402.11:
It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation of any individual.
The following person has been designated to handle inquiries regarding Friendship’ non-discrimination policies: Tamika Maultsby, Deputy Chief of Compliance 1400 First Street NW, Suite 300 Washington, DC 20001 (202) 281-1700 tmaultsby@friendshipschools.org
To file a complaint alleging discrimination on one of these bases, please contact the District of Columbia’s Office of Human Rights at (202) 727-4559 or ohr@ dc.gov
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are:
1. The right to inspect and review the student’s education records within 45 days of the day Friendship receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The school principal or other appropriate school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The rights to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask Friendship to amend a record that they believe is inaccurate. They should write the school principal, clearly identify the part of the record they want changed and specify why it is inaccurate. If Friendship decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. FERPA authorizes disclosure without prior consent to officials and teachers within the school or agency who have a legitimate educational interest and other K-12 schools or school systems to which the student seeks or intends to enroll or is already enrolled as well as post-secondary institutions to which the student seeks to enroll. In the above instances, the student’s educational records can be disclosed without prior consent based on the reason that the person or agency to which the records are being disclosed has a legitimate educational interest.
4. FERPA also authorizes disclosure of directory information unless the parent or student over the age of 18 notifies the school in writing that they do not wish for directory information to be disclosed without prior consent. Directory information includes:
5. The right to file a Complaint with the U.S. Department of Education concerning alleged violations of FERPA by contacting the Family Policy Compliance Office, U.S, Department of Education, 400 Maryland Ave. SW, Washington, DC 20212.
Parents or eligible students may instruct Friendship to withhold any or all of the information identified above by completing the “Release of Student Directory Information Form,” available upon request in writing within one month after the first day of the school year.
Note: The following policies are located on our website (www.friendshipschools.org) under “About Us” within the School Policies section.
The School Safety Omnibus Amendment Act of 2018 (SSOAA) requires schools to adopt and implement policies to prevent and address child sexual abuse by staff and student-on-student sexual harassment, assault, and dating violence. It also requires schools to provide training for staff at the time of hiring and at a minimum every two years thereafter on student-onstudent acts of sexual harassment, assault, and dating violence. Additionally, schools must provide information for parents/guardians on recognizing the warning signs for student-on-student sexual harassment, sexual assault, and dating violence, as well as effective, age appropriate methods for discussing such topics with students.
Please refer to the Policy section of our website to review Friendship’s comprehensive Policy for Preventing and Addressing Student Sexual Abuse by Staff and Policy for Preventing and Addressing Student-on-Student Acts of Sexual Harassment, Sexual Assault, and Dating Violence for the 2022-2023 school year.
The following person has been designated to handle inquiries regarding Friendship’ School Safety Omnibus Amendment Act:
Tamika Maultsby, Deputy Chief of Compliance 1400 First Street NW, Suite 300 Washington, DC 20001 (202) 281-1700 tmaultsby@friendshipschools.org
AUTHORITY AND APPLICABLE LAW
Federal Law
DC Law
DC Regulations
Title IX is a federal law that requires equal treatment on the basis of sex, free speech and academic freedom, due process of law, and fundamental fairness. Title IX prohibits discrimination on the basis of sex, including sexual harassment and extends to admission and employment. Any of the following constitutes sexual harassment under Title IX:
All inquiries regarding Title IX should be directed to the following person who has been designated as the Title IX Coordinator:
Associate General Counsel 1400 First Street NW, Suite 300 Washington, DC 20001 (202) 281-1797
The procedures outlined below establish how informal and formal complaints regarding discrimination on the basis of sex or sexual harassment as defined above will be investigated and resolved. If the alleged conduct does not fall under Title IX, it will be addressed under the school’s general grievance procedures with supportive measures provided. These procedures are intended to provide for a prompt and equitable resolution of complaints as well as the provision of supportive measures offered to the Complainant. Procedures related to employees are addressed in the Friendship staff handbook.
Who May file: Any person, including a student, parent or visitor, who believes they have been the subject of discrimination on the basis of sex or sexual harassment may make an informal or formal complaint.
FORMAL COMPLAINT
Any person who believes that they have been the subject of sex discrimination or sexual harassment may file a written Complaint with the Title IX Coordinator or if unable, may request that the Title IX Coordinator document in writing the allegations.
Upon written notice of the allegations submitted by the Complainant or documented by the Title IX Coordinator an investigation of the alleged discrimination or harassment, including sexual harassment as defined above will take place unless the parties after receiving written notice of the allegations agree to an informal resolution process outlined below.
The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process.
The written notice will identify the subject of the complaint, the time frame/date(s) of the occurrence and the resolution or relief sought. The written notice will be signed and dated by the Complainant or Title IX Coordinator. As soon as possible and prior to the initiation of the investigation, supportive measures will be offered to ensure complainant’s continued access and participation in their educational program and activities.
As soon as possible, Friendship will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/ or retaliation.
INFORMAL RESOLUTION PROCESS
Friendship recognizes that most if not all disputes are capable of being resolved amicably in an informal process. If both parties, after receiving written notice of the allegations voluntarily agree tin writing to an informal resolution process, such as mediation, a full investigation will not take place but instead a mediation will be scheduled. However, at any time prior to a Resolution being reached, either party has the right to withdraw and resume the Formal Grievance Process outlined below. Informal Resolution Process is not permitted in the instance of allegations that an employee sexually harassed a student.
FORMAL PROCESS
If both parties do not agree to an informal resolution process then a formal resolution process will take place. Upon the filing of a Complaint, the Title IX Coordinator will provide both the Complainant and the Respondent with written notice of the allegations as well as an equal opportunity to select an advisor (who may be but does not have to be an attorney).
A thorough and impartial investigation of the matters outlined in the complaint will be conducted by trained personnel who will evaluate all evidence without prejudgment or bias for Complainant or Respondent. Each investigation will consist of obtaining written evidence, interviewing witnesses and allowing parties to submit and review evidence throughout the investigation.
All matters relating to the investigation and/or the alleged discrimination or harassment are considered confidential and will not be disclosed to persons not involved in the investigation except as required by law. During the investigation the law requires that the Respondent be presumed innocent until a final determination is made. All evidence will be considered and the standard of “preponderance of the evidence” will be applied in the determination of whether the Respondent is determined to have committed a violation of Title IX.
Following the completion of the investigation which will be undertaken promptly and completed in as short amount of time as possible, each party will receive a written determination regarding responsibility and explain the basis for the determination. If the Respondent is found responsible for sexual harassment, the school will implement effective remedies for the Complainant.
APPEAL
If either party is not satisfied with the outcome of the investigation and findings in the of a written determination they may appeal the determination by notifying the Title IX Coordinator in writing within three (3) school days of receipt written determination.
No less than three Chiefs or Directors of FPCS will hear the appeal. A written copy of the disposition of the appeal shall be sent to each concerned party within seven (7) school days of receipt of the appeal. A grievant who is not satisfied with the process or response or does not wish to utilize this process may file a complaint with the Office for Civil Rights at any time before or during the grievance procedures. The regional office for the District of Columbia is located at 400 Maryland Avenue, SW, Washington, DC 20212 and can be reached at (202) 453-6020 phone; (202) 453-6021 fax.
Friendship will not tolerate or permit retaliation against a Complainant who files a complaint pursuant to this policy. Immediate action will be taken against any person found to have retaliated against a grievant that has made a complaint.
