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Title IX » What is Title IX?

What is Title IX?

WHAT is TITLE IX?

 

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.”

 

Title IX of the Education Amendments of 1972:  20 U.SC § 1681 & 34.C.F.R. Part 106

 

Title IX is a federal civil rights law signed in 1972 to protect individuals from discrimination on the basis of sex in federally-funded educational programs. Although it has a wide application in educational programs, the text of the law is very brief. For many years, it was primarily referenced in the context of women’s athletics at educational institution, but in recent years, it has also been used to address sexual harassment, sexual violence, and discrimination based on sex and/or gender. It protects all individuals, regardless of their sex, from discrimination and harassment based on sex.   The U.S. Department of Education’s Office for Civil Rights (“OCR”) enforces Title IX of the Education Amendments of 1972 as well as other federal statutes.
 
The individual who oversees compliance with Westgate's Sexual Harassment policy is the Title IX Coordinator. Westgate's Title IX Administrator and Coordinator is:
     Teri McCafferty
     12500 Washington Street
     Thornton, CO 80241
     (303) 452-0967
 
Anyone can report allegations of sexual harassment 24 hours a day, seven (7) days a week to the Title IX Coordinator. To report allegations of sexual harassment, please complete the Sexual Harassment Incident Report.
 
For more information regarding the Adams 12 Five Star district policies and procedures related to Sexual Harassment, please visit the District Policy Webpage and look for policy 8410.

Reporting Obligations of Allegations of Sexual Harassment

Students, parents or guardians, and other non-employees who witness suspected sexual harassment are encouraged to report it immediately to a teacher or building administrator to assist the school’s sexual harassment prevention efforts.
 
When a school employee receives a report of alleged sexual harassment from any source, the school is deemed to have actual notice of the allegation. All school employees must notify the Title IX Coordinator of any reports of alleged sexual harassment they receive immediately when practical and not later than 24 hours following receipt of a report. All relevant information the school employee receives (names, dates, locations, and details) must be provided to the Title IX Coordinator. Such information can be provided to the Title IX Coordinator in person, by mail, via phone, or email, using the Title IX Coordinator’s contact information, and can be made 24 hours a day, seven (7) days a week via voicemail or email. When practicable, the details of the report to the Title IX Coordinator shall also be provided to the executive director.
 
Some conduct qualifying as sexual harassment (particularly conduct involving physical or sexual violence) may also qualify as child abuse or neglect, even when another child may be responsible for the abuse. Before undertaking their responsibilities under AD 12 District Policy 8410, an employee must determine whether observed or alleged conduct gives rise to reasonable cause to believe that child abuse or neglect has occurred or is occurring, triggering the employee’s mandatory reporting obligation under state law and AD 12 District Policy 5540. If, at any point during the grievance process, an employee determine they have cause to believe child abuse or neglect has occurred or is occurring, the employee must immediately take steps necessary to satisfy the employee’s mandatory reporting obligations.


To report allegations of sexual harassment, please fill out the:

Reporting Options 

Complainants have a variety of options to report allegations of sexual harassment. Complaints can be made to the Title IX Coordinator 24 hours a day, seven (7) days a week by voicemail, email, or completing the Sexual Harassment Incident Report.  In addition, Complaints can be submitted to state and federal agencies, including (but not limited to):
 

Office for Civil Rights-Denver Office:
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
TDD: 303-844-3417
Fax: 303-844-4203
Email: [email protected]
How to file a complaint with OCR
 
Colorado Civil Rights Division:
1560 Broadway, Suite 1050
Denver, CO 80202
Telephone: 303-894-2997 or 1-800-262-4845
Fax: 303-894-7830
TDD: 720-432-4294
Email: [email protected]
 

Police Departments:

Broomfield Police Department 
One Des Combes Drive
Broomfield, CO 80020
Non-Emergency: 303-469-3301
 
Federal Heights Police Department
2380 W. 90th Avenue
Federal Heights, CO, 80260
Non-Emergency: 303-428-3526
 
Northglenn Police Department
11701 Community Center Drive
Northglenn, CO 80233
Non-Emergency: 303-451-8326
 
Thornton Police Department
9551 Civic Center Drive
Thornton, CO 80229
Non-Emergency: 720-977-5150
 
Westminster Police Department
4800 W. 92nd Avenue
Westminster, CO 80031
Non-Emergency: 303-658-2400

Resolution Process 

Following the filing of a formal complaint, there are two available options for resolution: 1) an informal resolution, which involves a variety of informal options for addressing complaints; and, 2) the grievance process, which involves an investigation, report, and potential sanctions.
 

Informal Resolution:

If both parties agree and the Title IX Coordinator deems it appropriate, an informal resolution process, which does not involve an investigation and may involve mediation or other restorative justice models, may be instituted. The parties’ agreement must be voluntary, non-coerced, and documented in writing. At any time prior to engaging in an informal resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. Informal resolution is not available in cases where a school employee is alleged to have sexually harassed a student. An informal resolution may result in disciplinary sanctions appropriate for the misconduct which shall be imposed in accordance with applicable law and District Policy, including but not limited to a warning, restorative justice, and alternatives to suspension or expulsion.


Grievance Process:

The grievance process is used to investigate and adjudicate formal complaints of sexual harassment as defined by Policy 8410 and Title IX in order to determine whether the policy has been violated. The process also determines the steps the school must take to address and correct a violation, which may include the imposition of disciplinary sanctions. Potential sanctions include a warning, restorative justice, alternatives to suspension or expulsion, suspension, expulsion, or termination. The grievance process is internal to the school and is not conducted by, or in concert with, law enforcement. The process determines whether AD12 District policy has been violated and not whether criminal law has been violated.

Training Materials 

The following training materials were used by Westgate’s Title IX Coordinator, Investigators, Decision-Makers, and/or Mandatory Reporters. Listed training materials may be reviewed by scheduling an appointment with Westgate’s Title IX Coordinator at 303-452-0967 or [email protected]. No copies will be made on site and the training materials may not leave Westgate.


Final Title IX Regulations:

To review the Final Rules of Title IX, please visit the website at https://www.federalregister.gov/. If you would like to review a paper copy, please contact Westgate's Title IX/Non-Discrimination Coordinator.
 
  • PreK-12 Title IX Administrator Training and Certificate Course