Nondiscrimination & Title IX

• You can report the incident to the Peak to Peak or BVSD Coordinator: All individuals impacted by, or who have witnessed acts of sex-discrimination and/or harassment at a BVSD school, program, or activity, are encouraged to promptly report the incident to an administrator or supervisor by completing the BVSD AC-E2 reporting form; submitting a Safe2Tell report; or emailing the BVSD or Peak to Peak Title IX Coordinator.
• You can get support from your Peak to Peak school administrator, school counselor, or department supervisor: Peak to Peak can provide impacted parties with individualized services and supports that are designed to restore or preserve equal access to education or employment. Supportive measures may be provided regardless of whether a complaint of sex-discrimination and/or harassment has been made. 
• You can get support from BVSD’s community partners: BVSD has developed relationships with community partners that work directly with those impacted by sex-discrimination and/or harassment. These partners can be contacted at any time and have trauma-informed resources available to support members of the BVSD community. (See the Resources section below.)

Anyone who has knowledge of or who has experienced sex discrimination and/or harassment is encouraged to report it.

Reports can be made verbally or in writing:

• Verbal reports can be made to:
  • A trusted adult at Peak to Peak, including teachers, counselors, and administrators
  • A Peak to Peak Title IX Coordinator (listed at the top of this page)
  • The BVSD Title IX Coordinator
• Written reports can be made by: 
  • Filling out the district’s Complaint Form
  • Emailing the appropriate school or district Coordinator (contact info can be found at the top of this page)
  • Making a Safe2Tell report
  • Mailing a summary of the incident to either of these contacts:

What to know about making a report:

• All school and district staff are mandated reporters. This means that they are required by law to report abuse of a minor to Child Protective Services and, in some cases, the police.  
• Parents must be notified when reports are made.  
• Under certain circumstances, complainants (victims) cannot remain anonymous. This is because the law requires BVSD to provide students accused of misconduct with due process, which ensures a fair investigation and fair outcome that respects the rights of all involved. 
• Complaint procedures have been established for students, guardians, and employees. 
• All students are entitled to “Supportive Measures” which are services and supports designed to restore or preserve equal access to education or employment Supportive Measures can range from support plans to mental health services to academic accommodations. See the section below, "What can Peak to Peak do to support me after I make a report?" for more information.
• Disciplinary action against the student accused of misconduct cannot take place unless and until a school investigation has been completed.   
• There is no statute of limitations for reporting sex discrimination and/or harassment. However, BVSD and Peak to Peak encourage reporting as soon as possible so an investigation can be initiated and the impacted parties can receive appropriate support.

1. After a report is made, support is provided:
   • A verbal or written report initiates an investigation that is conducted by a BVSD administrator.
   • Impacted students and/or employees will receive support from their school administration or immediate supervisor after a report is received. Those supports will be documented, shared via email, will remain in place while the investigation is pending and can be changed or modified, if necessary.
2. The investigation is conducted:
   • The administrator or supervisor will follow the investigation steps outlined in Policy AC-R.
   • The person conducting the investigation will gather information related to the report which may include  interviewing parties or witnesses and reviewing documents and other evidence. 
   • The investigator will review the evidence and make a determination as to whether the reported incident occurred. 
   • The investigation must be completed and a determination made within 45 school or work days of receiving the report. 
3. The outcome is shared:
   • The outcome of the investigation will be shared with the impacted students in writing.
4. Action is taken to repair and remedy the school or work environment:
   • Depending on the outcome of the investigation, the administrator and/or supervisor will take action that is designed to address the report and repair the school or work environment. For example, Peak to Peak may issue discipline, provide restorative education, facilitate restorative justice, provide ongoing supportive measures, continue a no contact directive, adjust or modify schedules, provide routing maps, and/or outline appropriate communication plans.
   • School administrators and supervisors are legally prevented by a federal law from sharing specific information about any discipline issued in response to the report. Please know that the inability to share information is not an attempt to hide an outcome or an indication that nothing was done in response to the report. We recognize that this legal limitation is frustrating for students, employees, and community members. 
5. Under limited circumstances, you can appeal the outcome:
   • Appeals of an outcome are available if: 1) there was a procedural irregularity; 2) bias or a conflict of interest that impacted the outcome of the investigation; or 3) new evidence that was not reasonably available at the time of the investigation. You may appeal the outcome action by following the process outlined in BVSD Policy AC-R which requires the submission a written appeal to the Title IX Coordinator within 10 school days of the decision or dismissal.

Peak to Peak will take immediate measures necessary to stop discrimination and harassment, protect students, and ensure their access to their educational program or work environment by implementing the supportive measures listed below. Supportive Measures are non-disciplinary, non-punitive services, which may include, but are not limited to, wellness check-ins, course deadline extensions, class seating adjustments, etc. They can be implemented after a report is made and continue during a pending investigation. If you need to modify or change a supportive measure, you can contact your school administrator or department supervisor. If you need to appeal or challenge a supportive measure that has been put into place by a school administrator or department supervisor, you can contact the school or district Title IX Coordinator.

Contact-Related Supports

• Routing maps
• Assigned seats on school bus
• Assigned parking spots
• Increased supervision/escort to car Assigned entrance/exit usage
• Seating arrangements in classroom
• Schedule changes
• Assigned bathrooms
• No contact orders (making details extremely clear to both or all parties involved)
• Lunch in designated location/off period
• Leaving class early to avoid crowded hallways
• Plan to walk with a friend or trusted adult during passing period
• Increased supervision
• Locker reassignment

Academic-Related Supports

• Extended academic deadlines
• Test accommodations
• Excused absences
• Alternative work spaces in a quiet, isolated environment (like library, etc.)
• Modified class schedule
• Excused, modified, and/or adjusted assignments
• Enrollment in the BVSD AALPs program or other alternative options
• Administrative transfers

Mental Health-Related Supports

• Scheduled check ins with the school counselor
• Identify trusted adults
• Alternative work spaces in a quiet, isolated environment (like library, hallway, etc.)
• Possible 504 plan for students struggling with anxiety, ptsd, etc.
• Referral to legal resources, therapists, psychologists
• Offer to connect student with support groups or organizations
• Referral to medical resources (school nurse or other)
• Plan with teachers to allow breaks during class time
• Restorative conversations
• Shortened schedule/reduced schedule
• Classroom pass to access a designated quiet, safe space

Students may reach out to the school or district Title IX Coordinator for more information.

BVSD Supportive Measures Handout (English) (Spanish)

• You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to contact the Colorado Department of Education to access information on sex-based discrimination, harassment, and Title IX.
• You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights (OCR), the federal agency that enforces Title IX, if you believe BVSD has  discriminated against or if you believe you have received unequal treatment by BVSD on the basis of your sex. Learn how to file a discrimination complaint with the OCR.
• You have the right to pursue civil remedies if you have been discriminated against by BVSD for its failure to meet its Title IX obligations.
• You have the right to be protected against retaliation if you report sex-discrimination or harassment or file a complaint against BVSD for violating your rights.

Content Warning: The content below will discuss topics, occasionally with strong and specific language, that may evoke a strong emotional response. Examples are included that some find triggering and all may find upsetting.  Please take care while reading on!
Title IX prohibits the following types of sex-discrimination, as defined in BVSD Policy AC:

• Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the an educational program or activity (i.e. creates a hostile environment).
• Quid Pro Quo Harassment: A district employee, agent, or other individual authorized by the district to provide an aid, benefit, or service in the district's education program or activity conditioning the provision of district aid, benefit, or service on a student's participation in unwelcome sexual conduct.
• Sexual Assault: Any sexual act, including rape, sodomy, sexual assault with an object, incest, statutory rape, or fondling that occurs without the consent of the victim, including instances where the victim is incapable of giving consent due to age or mental or physical incapacity. 
• Dating Violence: Violence committed by an individual who is in or has been in a social relationship of a romantic or intimate nature with the complainant.
• Domestic Violence: Felony or misdemeanor crimes committed by an individual who is a current or former spouse or intimate partner of the complainant; or who is cohabitating with or has cohabitated with the complainant; or who shares a child in common with the complainant; or who commits acts against a youth or adult complainant who is protected from those acts under the family or domestic violence laws of the state of Colorado. 
• Stalking: Engaging in a course of conduct on the basis of sex or gender that is directed at a specific individual and that would cause a reasonable individual to fear for their safety or the safety of others, or to suffer substantial emotional distress. 

All About Title IX Poster (English) (Spanish)

Boulder County Victim Assistance Resources

BVSD Complaint Form (English) (Spanish) 

Colorado Coalition Against Sexual Assault (CCASA)

Equal Rights Advocates:  Sexual Assault and Sexual Harassment Guide for Students

Moving to End Sexual Assault (MESA)

Office for Civil Rights Complaint Form

RAINN (Rape, Abuse and Incest National Network

Sex-Based Harassment (Colorado Department of Education)

Sexual Assault Victim Advocate Center (SAVA)

State of Colorado Sexual Assault Programs

Title IX and Sex Discrimination  (U.S. Department of Education Office for Civil Rights)

Title IX of the Education Amendments of 1972