Title IX and Grievance Procedure

Complaint Process

ISOK staff is committed to a positive, collaborative environment. As problems arise, please follow these procedures for assistance in resolving the concern:

1. All concerns and issues should first be directed to the student’s teacher. (Phone appointments may be set up.) If a teacher cannot resolve the issue (e.g., materials and computer issues) he/she directs the parent/Learning Coach to the appropriate contact for assistance. The teacher follows up with the family until problem is solved.
2. If the concern is not resolved at this level, parents or Learning Coaches are advised to contact the lead teacher, through email. If you still have questions or concerns, contact the Principal through email. Schools will provide families with a list of ISOK staff names and extensions during the first weeks of school.
3. If the concern is still not resolved, address in writing any concern or grievance to the Head of School, Jennifer Wilkinson at jwilkinson@insightok.org. The Head of School will respond within 10 working days.
4. If the concern or grievance is not resolved by the Head of School, parents may, within ten working days of the Head of School’s response, request in writing a meeting (via phone or in person) with the Head of School to discuss the concern or grievance. The Head of School investigates and responds within ten working days.
5. If the family’s concern is not resolved at the meeting with the Head of School, the family may file a complaint with the ISOK governing board.

Concerns

ISOK staff recognizes that life and school do not always run smoothly. As problems arise, school personnel and Learning Coaches must collaborate to solve them. Staff also realizes that parents, Learning Coaches and students do not always know what to do or where to seek out answers and often give up or become frustrated when problems remain unsolved. Please follow these procedures for general information or for assistance in resolving a problem:

All concerns and issues should first be directed to your CFA . (Phone appointments may be set up.) If the CFA cannot resolve the issue (e.g., materials and computer issues) he/she directs the parent/Learning Coach to the appropriate contact for assistance. The CFA follows up with the family until problem is solved.
If the concern is not resolved at this level, parents or Learning Coaches are advised to contact the Lead teacher or CFA, through email. If you still have questions or concerns, contact the principal through email.

A list of staff names and extension is located on the school website https://www.isokvirtual.net/apps/staff/

Extensions can also be found by using the dial by name directory. Call 405.259.9478 and press the (#) key.

Crisis/Emergency Procedures

From time to time, families may experience technical difficulties or other crisis to prevent schooling. Families may lose Internet due to a storm, power outage or other life emergency.

If families are experiencing difficulties, please email CFA, teacher or call the ISOK Office at 405.835.2133 to make school aware. If applicable families may school using offline materials. Contact CFA/Teacher when issues have been resolved. CFA/teachers will partner with families to with attendance and schoolwork expectation during this time.

In case of school wide crisis or emergency, ISOK will communicate information through the following options: Email, phone/autodialer, website, social media, platform announcements. Messages will include how to proceed if platforms are down and how instructional will continue during outage. During state testing, each testing location will have emergency procedures and communication in place. Information is shared during testing communications.

Following the passage of the Riley Boatwright Act, ISOK will follow emergency plans for athletic events or events held onsite the same as they do for tornadoes, fires or intruders.

Federal Programs Complaints

Complaints with regard to Federal Programs covered under the reauthorized Elementary and Secondary Education Act (ESEA) at Insight School of Oklahoma may make the complaint known to the Head of School or with the General Counsel of the State Department of Education. Within thirty (30) days of receipt of the complaint, Insight School of Oklahoma will conduct an investigation of the allegation and resolve the complaint. The investigation shall include opportunities for the
complainant or the complainant’s representative to present evidence and question witnesses.

References:

• ISOK Board Policy 3180: Federal Programs Complaint Policy and Procedure

Title IX Procedure

Title IX protects students from all forms of sex discrimination, including discrimination based on sexual orientation, gender identity, parental status, or marital status.

ISOK is committed to providing an environment that is free from all forms of sex discrimination, which includes gender- based discrimination, sexual harassment, and sexual violence, as regulated by Title VII and Title IX, and to insuring the accessibility of appropriate grievance procedures for addressing all complaints regarding all forms of sex discrimination and sexual harassment. ISOK reserves the authority to independently deal with sex discrimination and sexual harassment whenever becoming aware of their existence, regardless of whether a complaint has been lodged in accordance with the grievance procedure. Insight School of Oklahoma reserves the authority to address sex discrimination and sexual harassment even if the same, similar or related circumstances are also being addressed under another policy, whether of Insight School of Oklahoma or another entity. Furthermore, Insight School of Oklahoma reserves the right to pursue sexual misconduct violations that fall outside of the scope of Title IX based on Insight School of Oklahoma’s judgment that the alleged actions are contrary to any part of its code of conduct or employee handbook.

Grievance Procedure

Any student, parent/guardian, current or prospective employee or other individual within the school community who believes they have experienced and/or observed sex discrimination or sexual harassment (“grievant”) should promptly report the matter to the school’s Title IX Coordinator, a school counselor, principal or other school administrator.

A “formal complaint” is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment. A “non-formal complaint” is any notification regardless if by mail, telephone, or email, not utilizing the formal complaint form or not signed by a complainant or by the Title IX Coordinator.

Response to a Formal Complaint

In response to a formal complaint, the school will follow the defined grievance process within this procedure. With or without a formal complaint, the school, if it has actual knowledge of sexual harassment against a person in an education program or activity, will take certain steps such as offering supportive measures, throughout the grievance process, to the complainant to address student safety and provide equal access to the education program or activity while preserving the recipient’s discretion to address facts or circumstances present by a particular situation.

Complaints of alleged sex discrimination, including sexual harassment, brought forth by students, parents/guardians, current or prospective employees, and other members of the school community will be promptly investigated in an impartial and in as confidential a manner as reasonably possible, so that corrective action can be taken if necessary.

Privacy Protections

The school will never use or attempt to use questions or evidence that is protected by a legally recognized privilege, unless the person holding the privilege waives the privilege.

The school cannot unilaterally access or consider a party’s records, if those records are made or maintained by a physician, psychiatrist, or other recognized professional and made for the purpose of providing treatment to the party. These records can only be accessed with a party’s voluntary written consent.
During the grievance process, questions or evidence about the Complainant’s prior sexual behavior – even with the respondent accused of sexual harassment, and even in the cases where the respondent already possesses evidence about sexual history – are never deemed relevant, with only two narrow and limited exceptions.

The grievance procedures will be as follows:

1. It is the express policy of Insight School of Oklahoma to encourage the prompt reporting of claims of sex discrimination and/or sexual harassment. Once the school has “actual knowledge” of sexual harassment, or allegations of sexual harassment, the school will respond within 24 hours. “Actual knowledge” means notice or allegations received by Title IX coordinator, school official with authority to institute corrective measures on behalf of the school, or any school employee. The school must treat a person as a complainant any time the school has notice that the person is alleged to be the victim of conduct that could constitute sexual harassment (regardless of whether the person themselves reported, or a third party reported the sexual harassment), and irrespective of whether the complainant ever chooses to file a formal complaint. Further, it should be noted, there is no time limit or statute of limitations on a complainant’s decision to file a formal complaint.
2. At the time the complaint is filed, the grievant shall be given a copy of these grievance procedures and a description of the supportive measures offered by the school. A formal complaint form for such purpose can be found on our website and will also be provided to the grievant upon notification of such complaint. It is the responsibility of the Title IX Coordinator or designee to explain these procedures and measures and answer any questions anyone has. As it pertains to students, in appropriate circumstances, due to the age of the student making the complaint, a parent/guardian or school administrator may be permitted to fill out the form on the student’s behalf. In addition, if the grievant is a minor student, the Title IX Coordinator should consider whether a child abuse report should be completed in accordance with Insight School of Oklahoma’s policy on the Reports of Suspected Child Abuse or Neglect of Children.
3. The Title IX Coordinator or designee shall investigate the complaint as promptly as practicable but in no case more than ten (10) working days from the date the complaint was received. The Title IX Coordinator or designee shall have the complete cooperation of all persons during the investigation.
4. The Title IX Coordinator will provide written notice to the parties identified in the complaint. The written notice will include, the allegations and facts that may constitute sexual harassment, the presumption of that the accused did not engage in prohibited conduct, notice that parties are entitled to an advisor of their choice, parties can request to inspect and review certain evidence, a copy of the code of conduct, false statements (if any), the opportunity to engage in informal resolution, the right to appeal, the range of possible remedies and disciplinary sanctions following determination of responsibility, and which standard of evidence will be used to reach a determination. During the investigation, Insight School of Oklahoma will not restrict the rights of either party to discuss the allegations under investigation or to gather and present relevant evidence. Insight School of Oklahoma can choose to offer and facilitate informal resolution options, such as mediation or restorative justice, so long as both parties give voluntary, informed, written consent to attempt informal resolution. As such, the school may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. The school will not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
5. The Title IX Coordinator or designee shall meet with all individuals reasonably believed to have relevant information, including the grievant and the individual(s) against whom the complaint was lodged, and any witnesses to the conduct. The investigation shall be carried on by the school discreetly, maintaining confidentiality insofar as reasonably possible while conducting an effective investigation. The investigator will objectively evaluate all relevant evidence regardless of who it favors or disfavors. Where facts are in conflict, credibility determinations can be made. However, credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. Following the evaluation, the investigator will prepare an investigative report and will share the report with all parties before a determination regarding responsibility is reached.
6. Prior to sharing the investigation report, the Title IX Coordinator must provide all parties a copy of the evidence used to form the basis of the report and allow all parties 10 days to submit a written response. All written responses received will be objectively reviewed and considered by the school’s investigator before issuing the report. Further, the Title IX Coordinator must afford each party the opportunity to submit written, relevant questions that a 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.
7. Finally, the school’s identified decision-maker, not the Title IX Coordinator or investigator, will make a determination and provide written determination of responsibility to both parties simultaneously. The written determination will include:
   • Identification of the allegations potentially constituting sexual harassment as defined in §106.30; 2027
   • A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
   • Findings of fact supporting the determination;
   • Conclusions regarding the application of the recipient’s code of conduct to the facts;
   • A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
   • The recipient’s procedures and permissible bases for the complainant and respondent to appeal.
8. If after an investigation, the decision maker determines that there is reasonable cause to believe that sex discrimination or sexual harassment in violation of the school’s policy has occurred, Insight School of Oklahoma shall take appropriate corrective action in an effort to ensure that the conduct ceases and will not recur. The Title IX Coordinator or designee shall also provide and or arrange for support services that are individualized, non-disciplinary, non-punitive, protect the safety of all parties and educational environment, deter harassment, and are not unreasonably burdensome. Such services may include no contact orders, academic accommodations, health and mental health services, disability services, confidential counseling or training where appropriate.

Dismissal

If the allegations in a formal complaint do not meet the definition of sexual harassment, or did not occur in the school’s education program or activity against a person in the United States, the school must dismiss such allegations for purposes of Title IX but may still address the allegations in any manner the school deems appropriate under the school’s own code of conduct.

Insight School of Oklahoma, at their discretion, may dismiss a formal complaint or allegations if the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations, if the respondent is no longer enrolled or employed by the school, or if specific circumstances prevent the school from gathering sufficient evidence to reach a determination. Insight School of Oklahoma must give the parties written notice of a dismissal (mandatory or discretionary) and the reasons for the dismissal.

Determination

Insight School of Oklahoma will consistently apply the same “standard of evidence” in all formal complaints, in making a determination of responsibility. Per Title IX regulations, there are two “standard of evidence” options,

• Preponderance of evidence – a majority of the evidence proves a fact. Mathematically, it would be more than 50% of the evidence.
• Clear and convincing evidence – a heightened standard which requires more than a preponderance of evidence to prove a fact. One definition of clear and convincing evidence is something that is highly and substantially more probable than not.

Insight School of Oklahoma will apply the following “standard of evidence” – preponderance of evidence. The same standard of evidence for formal complaints will be applied for formal complaints against all parties, including but not limited to students, employees, and teachers. All determinations will be rendered within 45 school days from the formal grievance filing.

Disciplinary Sanctions and Remedies

A range of different disciplinary sanctions or remedies may be implemented by the school following a determination of responsibility. Due to the unique nature of the situation and individual needs, the following is a non-exhaustive list of possible actions:

• support services may be warranted and may include, no contact orders, academic accommodations, health and mental health services, disability services, confidential counseling or training where appropriate
• verbal or written warning
• altered schedules to eliminate interaction opportunities
• exclusions from certain school activities
• access to recorded class sessions in lieu of live participation
• suspension or expulsion

Appeal Process

Under § 106.45(b)(1)(viii), all parties have the right to appeal for specified reasons. Appeals must be submitted within 30 school days following the initial determination. This equal right amongst the accuser and accuse will promote a fair process that will benefit everyone and ensure parity between the parties. Thus, when a complainant or a respondent disagrees with a decision of responsibility, they have the right to appeal on the basis of the following conditions:

1. procedural irregularity that affected the outcome;
2. new evidence that was not reasonably available when the determination of responsibility was made that could affect the outcome; or
3. the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome
   Upon receipt of a written appeal request with evidence of one or more of the above conditions, the Title IX Coordinator will
   • notify the parties in writing and implement appeal procedures equally,
   • provide both parties the equal opportunity to submit a written statement of support or disagreement to the appeal,
   • identify a new and impartial decision-maker to review the original and newly submitted evidence, and
   • after reviewing the new written statements, the new decision-maker will issue a decision to the parties simultaneously within 20 school days.

The determination regarding responsibility becomes final either on the date that the investigator provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Where deadlines are set forth in the grievance process, a temporary delay of the grievance process or the limited extension of time frames for good cause are permitted with written notice by the Title IX Coordinator to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include, but are not limited to, considerations such as the absence of a party or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

Record Retention

The Title IX Coordinator shall make all records of Title IX complaints and their disposition for a period of seven years.

Retaliation

Retaliation against an individual for filing a complaint or cooperating in an investigation is strictly prohibited, and Insight School of Oklahoma will take actions necessary to prevent such retaliation.

Dissemination of Information

Insight School of Oklahoma must provide name, title, contact information of the identified Title IX Coordinator on the school’s website. Further, the school shall notify applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, and sources of referral of applicants for admission and employment, and all unions or other professional organizations with a collective bargaining agreement with the institution that it does not discriminate on the basis of sex in the educational programs or activities which it operates, and that it is required by Title IX and its administrative regulations not to discriminate in such a manner. The notification shall be made in the form and manner required by law or regulation.

References:

• ISOK Board Policy 3120: Title IX Grievance Policy and Procedures
• Title IX Complaint Form