Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 99 - State Schools › Rule 7-3-99.1 - Title IX Grievance Policy

Current through June 25, 2024
1. RIGHT TO EXPRESS
				CONCERNS, COMPLAINTS OR GRIEVANCES
It is the policy of the SBE and the MDE to maintain a safe
				  and supportive learning and educational environment that is free from
				  harassment, intimidation, bullying, and discrimination.
MDE is a conduit for federal money to the local school
				  districts and ensures the local school districts' compliance with federal
				  financial grants. As such, MDE requires each local school district and each
				  state school to have a grievance policy in place to address any complaints
				  alleging discrimination under the Age Discrimination Act of 1975, Title II of
				  the American Disability Act, Title IV of the Civil Rights Act of 1964, Title VI
				  of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964,
				  Section 504 of the Rehabilitation Act, and Title IX of the Education Amendments
				  of 1972. Complaints alleging discrimination by the local school district, its
				  staff, or students should be first directed to the local school level and
				  handled pursuant to local policy.
As specifically related to Title IX, this policy sets out the
				  minimum steps that each state school (i.e., special school and/or district
				  under the purview of the SBE) shall take in response to a notice of alleged
				  discrimination based on sex, including discrimination in the form of sexual
				  harassment, which encompasses sexual violence, such as dating violence,
				  domestic violence, and cyberstalking. The SBE forbids unwelcomed sexual
				  advances, requests for sexual favors and other verbal or physical contract of a
				  sexual nature amounting to or constituting harassment and/or discrimination
				  against any student under its purview.
2. DEFINITIONS
A. Sex Discrimination
The practice of treating a person differently, or less
				  favorably, than other people or groups based on sex.
B. Allegation
An assertion that someone has engaged in discrimination based
				  on sex.
C. Sexual
				Harassment
Unwanted conduct based on sex. Examples of such behavior
				  include:
* Direct or indirect threats or bribes for unwanted sexual
				  activity
* Sexual innuendos and comments
* Asking or commenting about a person's sexual
				  activities
* Humor or jokes about sex or females/males in genera
* Making sexually suggestive remarks, gestures, or jokes, or
				  remarks of a sexual nature about a person's appearance
* Repeated unsuccessful attempts at gaining dates or sexual
				  behavior
* Sexual touching, pinching, brushing, or patting
* Displaying offensive sexual illustrations in the
				  school/work place
* Insulting and belittling a person-sexual ridicule
* Letters, notes, telephone calls, or materials of a sexual
				  nature
* Stalking a person either inside or outside the
				  institution
* Attempt or actual sexual assault
D. Complainant
The person who has experienced the alleged discrimination
				  based on sex. This person is considered a complainant regardless of whether
				  they choose to file a formal complaint under Title IX.
E. Respondent
The person accused of the alleged discrimination. This person
				  may be a student or a school employee. If the person is an employee, the school
				  shall adhere to the process found in Miss. Code Ann. §
											37-9-59.
F. Title IX Coordinator
The individual responsible for overseeing the school's
				  efforts to comply with its obligations under Title IX and Title IX regulations,
				  including, but not limited to, coordinating any investigations of complaints of
				  sex discrimination, implementation of supportive measures, and remedies where
				  appropriate.