Policies

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public schools, like Milford School District (“the District”), that receive any Federal funds must comply with Title IX.

Under Title IX, schools must operate free from sex discrimination, including sexual harassment.

Any of the following conduct on the basis of sex constitutes sexual harassment:

• A school employee conferring an educational benefit or service upon a person’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);

• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or

• Sexual assault, dating violence, domestic violence, or stalking.

The District has a responsibility to respond promptly and equitably. If the District knows or reasonably should know about sex discrimination, sexual harassment, or sexual violence within the District’s education program or activity, the District will take immediate action to eliminate the sex discrimination, sexual harassment, or sexual violence, prevent its recurrence, and address its effects.

A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the District of its duty under Title IX to resolve complaints promptly and equitably.

The District does not discriminate on the basis of sex, nor does it tolerate discrimination on the basis of sex in its education programs and activities. The District strives to provide an environment free from sex discrimination, including sexual harassment. The District encourages students, parents, and staff to identify barriers to a discrimination-free environment in all schools. Any person (e.g., the alleged victim or any third party) may make a report to the Title IX Coordinator.

Complaints and/or inquiries concerning allegations of sexual harassment, or discrimination on the basis of sex, shall be directed to the District’s Title IX coordinator in person, or by phone, mail, or e-mail, or to the Office of Civil Rights. Any person (e.g., the alleged victim or any third party) may report to the Title IX Coordinator. All complaints will be received and investigated in a prompt and equitable manner.

The Title IX Coordinator’s responsibilities include overseeing all complaints of sex discrimination and sexual harassment, and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. If a report of sexual harassment is made to a District employee, the employee will inform the Title IX Coordinator.

When the Title IX Coordinator is aware of an allegation of sexual harassment, the Title IX Coordinator will promptly and confidentially reach out to the student alleging sexual harassment to discuss available options, including, but not limited to:

• The availability of supportive measures to restore access to the school’s education program or activity with or without the filing of a formal complaint;
• The right to file a complaint to initiate an investigation into the sexual harassment allegations; and
• The process for filing a formal complaint.

The Title IX Coordinator will provide the complainant with information concerning the right to supportive measures even if no formal complaint is filed. The District will consider the alleged victim’s wishes with respect to requests for supportive measures. The respondent may also benefit from supportive measures. Supportive measures are free, individualized services designed to restore or preserve equal access to education, protect safety, or deter sexual harassment, not disciplinary or punitive, and without unreasonably burdening any other person. Examples of supportive measures may include:

• Counseling;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
• Campus escort services;
• Leave of absence;
• Increased security or monitoring of certain parts of campus; and/or
• Mutual restrictions on contact between individuals.

The District will keep confidential any supportive measures provided to the extent it does not impair the District’s ability to provide the supportive measure. The Title IX Coordinator is responsible for coordinating the effective supportive measures.

FORMAL COMPLAINT OF SEXUAL HARASSMENT

Even if the student opts not to file a formal complaint, the Title IX Coordinator may decide to file a formal complaint on his/her own, which starts an investigation.

Emergency Removal: A respondent may be removed from education programs or activities on an emergency basis if the respondent poses an immediate threat to anyone’s physical health or safety.

GRIEVANCE PROCESS:

The following are procedures for the grievance process for student and employee complaints of sexual harassment:

• The individuals involved in this grievance process are prohibited from discriminating against a complainant or respondent on the basis of sex.
• Prior to the interview of the respondent, both parties (the complainant and respondent) will receive written notice of the grievance process, notice of the allegations, the presumption of innocence of the respondent, an equal opportunity to select an advisor of the party’s choice (who may be, but does not need to be, an attorney), an equal opportunity to submit, inspect, and review evidence throughout the investigation, [Note: Milford School District’s code of conduct includes an infraction for falsification of written documents or verbal accounts. This includes but is not limited to making something false for the purpose of deception of fraud, altering something for the purpose of deception, or using a false name or identification.] and notice of the opportunity to engage in informal resolution.
• The District will provide written notice of the date, time, location, participants, and purpose of all hearings, interviews, or other meetings, with sufficient time for the party to prepare.
• The District will provide equal opportunities for the parties and their advisors to inspect and review the evidence obtained by the school as part of its investigation, if the information is directly related to the allegations raised in the formal complaint.
• The District will give the parties a meaningful opportunity to respond to the evidence after the District has provided it.
• After gathering evidence, the District will provide an investigative report on the allegations of the formal complaint. The parties will have 10 calendar days to respond to the report in writing. If responses are submitted, the District will consider the response before finalizing the investigative report.
• The investigative report will then be finalized and provided to the parties. The investigative report will be circulated to the parties at least another 10 calendar days before any determination of responsibility, or 10 calendar days before a hearing, if a hearing occurs.
• Temporary delays are permitted only for good cause. Good cause can include law enforcement activities, the absence of a party or witness, the absence of a party’s advisor of choice, or the need to provide language assistance or accommodations of disabilities.
• The District will protect parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological, or similar treatment records during the grievance process.
• No information protected by a legal privilege, such as the attorney-client privilege or the doctor-patient privilege, can be used during an investigation unless the person holding that privilege has waived it. Neither a party or the school is allowed to seek or permit questions about, or allow the introduction of evidence that is protected by a recognized privilege.
• The relevant evidence, including inculpatory and exculpatory evidence, will be objectively evaluated. 
• Credibility determinations will not be made on the basis of a person’s status as a complainant, respondent, or witness.
• The District will apply a presumption that the respondent is not responsible during the grievance process (often called a “presumption of innocence”).
• The District bears the burden of proof and must correctly apply the standard of evidence. Any finding of responsibility comes at the conclusion of the grievance process. The District will use the preponderance of evidence standard (the same standard will be used for formal complaints against students as for formal complaints against employees);
• The District will either hold a live hearing, or allow the parties to submit relevant written questions for the other parties and witnesses to answer prior to making a determination;
• If a live hearing is held, the parties’ advisors are permitted to cross-examine other parties and witnesses. No party is permitted to cross-examine other parties and witnesses. If a party does not have an advisor, the District will provide the party with an advisor of the District’s choosing, free of charge, solely for the purpose of conducting relevant cross-examination on that party’s behalf. The advisor does not need to be a lawyer.
• If a party or witness chooses not to appear at the live hearing, or chooses not to answer cross examination questions, the decision-maker will exclude that party’s or witness’s statements and will evaluate any evidence that does not involve those statements. The decision-maker will not make inferences about the determination regarding responsibility based on the fact that a party or witness did not come to the hearing or submit to cross-examination.
• If either party requests it, the entire hearing will be held with the parties located in separate rooms, with technology enabling everyone to see and hear each other.  In order to better coordinate schedules, the District may choose to hold the entire live hearing virtually, or the District may allow some participants to appear virtually, with technology that allows everyone to see and hear each other.
• The District will comply with all disability laws, so that individuals with disabilities who participate in a school’s grievance process are appropriately accommodated.

• The decision-maker will make a determination as to whether a question asked by a party advisor is relevant BEFORE the party or witness has to answer it.

• Questions and evidence about a complainant’s prior sexual history are not relevant, with two limited exceptions:

1. Where such information is offered to prove that someone other than the respondent committed the alleged sexual harassment; or

2. It relates to sexual behavior between the complainant and respondent offered to prove consent.

• The District will create an audio or audiovisual recording, or transcript, of any live hearing, and make it available to the parties for inspection and review.

DECISION-MAKER AND DETERMINATION OF RESPONSIBILITY:

• The District will ensure the decision-maker is not the same person as the investigator or the Title IX Coordinator and will ensure there are no other conflicts of interest or bias with any of the individuals involved in the grievance process.
• The District will ensure all decision-makers receive training regarding bias and relevancy of evidence.
• Whether or not a hearing was held, the District’s decision-maker will objectively evaluate the relevant evidence and reach conclusions about whether the respondent is responsible for the alleged sexual harassment.
• The decision-maker will weigh the relevant evidence and decide whether it meets the District’s standard of evidence for sexual harassment.
• The District will send the written determination simultaneously to the parties, along with information regarding how to appeal the determination.
• The decision-maker’s written determination will include the following:

• If a respondent is found responsible for sexual harassment, the District will effectively implement remedies for a complainant designed to preserve or restore equal access to the school’s education program or activity.
• A complainant’s remedies can be disciplinary against the respondent and can range from a disciplinary referral to a recommendation for expulsion depending on the circumstances. Supportive measures such as the following may also be implemented:
  • Counseling;
  • Extensions of deadlines or other course-related adjustments;
  • Modifications or work or class schedules;
  • Campus escort services;
  • Leave of absence;
  • Increased security or monitoring of certain parts of campus; and/or
  • Mutual restrictions on contact between individuals (if there is a determination of sexual harassment, a no-contact restriction may be implemented).

DISMISSAL OF COMPLAINTS:

Mandatory Dismissals

The District must dismiss a complaint that:

• Does not describe conduct that meets the definition of sexual harassment;

• Alleges sexual harassment that did not occur in the District’s education program or activity; and/or

• Alleges sexual harassment that did not occur in the United States at all.

• These complaints may be addressed under the code of conduct depending on the circumstances.

Discretionary Dismissals

The District may dismiss a complaint if:

• If the complainant notifies the Title IX coordinator in writing that the complainant wishes to withdraw the formal complaint or some of its allegations;
• If the respondent is not enrolled in, or employed by, the District; or
• If specific circumstances prevent the school from gathering evidence sufficient to reach a determination about the allegations.

In the event of a dismissal of a formal complaint, the District will promptly send written notice of the dismissal and the reasons to both parties. Either party has the option to appeal the decision.

Individuals involved in the process will be trained in accordance with Title IX regulations, and the materials used to train Title IX personnel are available on the District’s website.

APPEAL OF THE DETERMINATION OF RESPONSIBILITY:

The complainant or respondent may appeal the decision-maker’s determination of responsibility or the dismissal of a formal complaint, to the Superintendent (or designee) within 10 calendar days of receiving the determination of responsibility or the notice of dismissal. The appeal decision-maker will not be the same individual who made the determination of responsibility, the investigator, or the Title IX Coordinator.

• If a party files an appeal, the District will notify the parties in writing, and will implement appeal procedures equally.
• Both parties will have the opportunity to submit a written statement supporting or challenging the outcome. 
• After considering the parties’ written statements, the Superintendent (or designee) will issue a written decision no later than 15 calendar days from the parties’ written submission and send it to the parties simultaneously.
• The Superintendent’s (or designee’s) determination regarding whether the respondent is responsible for the sexual harassment allegations becomes final after appeal.

INFORMAL RESOLUTION PROCESS:

• In appropriate cases, the District may explore the facilitation of a voluntary, informal resolution of the formal complaint. This is not an option in any case where the respondent is a District employee.
• The District will only attempt informal resolution if each party enters the process completely voluntarily. No party will ever been forced or coerced into engaging in an informal resolution.
• The District will obtain the parties’ voluntary, written consent before using any type of informal resolution process, such as mediation or restorative justice.
• The District will provide a facilitator who is free from conflicts of interest or bias, and who has received special training.
• Even in situations where the parties engage in voluntary informal resolution, the District will provide the complainant and respondent with notice of the allegations, notice of their rights, information about whether an informal process is confidential, and assurance that any party may withdraw from the informal resolution process at any time before an agreement is reached.

RECORD KEEPING

The District will maintain the following records for 7 years:

PROHIBITION OF RETALIATION

The District prohibits retaliation against any individual, including complainants, respondents, and witnesses, for reporting sexual harassment or participating (or refusing to participate) in any Title IX grievance process.

If any individual feels that he or she has been threatened, coerced, or discriminated against in an effort to chill the exercise of Title IX rights, then he or she should make a report of retaliation. All complaints of retaliation should be reported to the Title IX Coordinator or the District’s Superintendent, and the District will ensure a prompt and equitable resolution of the complaint.

It is not retaliation for the District to punish an individual for making a bad faith, materially false, statement during a Title IX grievance process. Additionally, engaging in protected speech under the First Amendment does not constitute retaliation.

The District will keep the identities of parties and witnesses confidential unless disclosure of an individual’s identity is required under other laws or is necessary in order to conduct the grievance process.

Any individual shall have the right to file a formal complaint with the U.S. Department of Education, Office of Civil Rights at any time.

1. Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and counselors; and
2. Those whom the District has specifically designated as confidential for purposes of providing support and resources to the Complainant; and

For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

• School Counselors
• School Psychologists, Social Workers

• a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
• a person other than a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the District’s education program or activity; or
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
• The District’s Title IX Coordinator.

• Any student or employee the District; or
• Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
• The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances.
• When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

• Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
  • If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable.
• Determining whether the District has jurisdiction over the reported conduct, as defined in the Policy.
  • If the conduct is not within the District’s jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate District department for resolution.
• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent, as applicable.
• Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the grievance procedures described below.
• Determining whether the Complainant wishes to make a Complaint.
• Notifying the Respondent of the grievance procedures, including a supportive and remedial response, or an Informal Resolution option, if a Complaint is made.

• Working with the Complainant to determine whether the Complainant wishes to pursue one of three resolution options:
  • a supportive and remedial response, and/or
  • Informal Resolution, or
  • the grievance procedures described below.

• The Complainant’s request not to proceed with initiation of a Complaint;
• The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of discrimination would occur if a Complaint is not initiated;
• The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
• The age and relationship of the Parties, including whether the Respondent is a District employee;
• The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
• The availability of evidence to assist a Decision-maker in determining whether discrimination occurred;
• Whether the District could end the alleged discrimination and prevent its recurrence without initiating its resolution process.

• A meaningful summary of all allegations
• The identity of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures and informal resolution procedures
• A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• The name(s) of the Investigator(s), along with a process to identify to the Title IX Coordinator in advance of the interview process, any conflict of interest that the Investigator(s) may have
• A statement that the District presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that determinations of responsibility are made at the conclusion of the grievance procedures, and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence
• A statement that retaliation is prohibited
• Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share District work product obtained through the Resolution Process
• A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
• A statement informing the Parties that the District’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the grievance procedures
• Detail on how a party may request disability accommodations during the grievance procedures
• An instruction to preserve any evidence that is directly related to the allegations
• A statement that Parties who are members of a union are entitled to union representation throughout the process

• The District is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in the District’s education program or activity and is not employed by District;
• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• The District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
• Implement appeal procedures equally for the parties;
• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
• Notify the parties of the result of the appeal and the rationale for the result.

• Offer supportive measures to the complainant as appropriate;
• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’s education program or activity.

• Referral to counseling, medical, and/or other healthcare services
• Referral to community-based service providers
• Education to the institutional community or community subgroup(s)
• Altering work arrangements for employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

• The District will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party
• The District will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
• The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

• Determine the identity and contact information of the Complainant.
• Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated.
• Assist the Title IX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation.
• Work with the Title IX Coordinator, as necessary, to prepare the initial notice of investigation and allegations. The initial notice of investigation and allegations may be amended with any additional or dismissed allegations.
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses.
• When participation of a party is expected, provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose.
• Make good faith efforts to notify each party of any meeting or interview involving another party, in advance when possible.
• Interview the Complainant and the Respondent and conduct follow-up interviews with each, as necessary.
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Allow each party the opportunity to suggest witnesses and provide relevant evidence.
• Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation, and party and witness interviews, and provides all relevant evidence.
• Provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of ten (10) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period.

• The Decision-maker will review the Final Investigative Report, all appendices, and the investigation file.
• If the record is incomplete, the Decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the Parties or any witnesses, if needed.
• Upon reviewing the relevant evidence, the Decision-maker may also choose to pose additional questions:
  • To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker may meet individually with the Parties and witnesses to question them in order to assess their credibility. These meetings will be recorded and shared with the Parties.
  • At the Decision-maker’s discretion, the Decision-maker may also meet with any party or witness to ask additional relevant questions that will aid the Decision-maker in making their findings. These meetings will be recorded and shared with the Parties.
• If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for re-opening the grievance procedures at any time, and/or referring that information to another process for resolution.

• The Decision-maker will apply the preponderance of the evidence standard to make a determination on each of the allegations and, if applicable, a recommendation for sanctions and/or remedies.
• The Decision-maker’s determination process typically takes approximately ten (10) business days, but this timeframe can vary based on a number of factors and variables, The Parties will be notified of any delays.
• The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness.
• If the Decision-maker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
• The Decision-maker will notify the Parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
• The Decision-maker will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
  • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination;
  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
  • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
  • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
• The impact on the Parties
• Any other information deemed relevant by the Decision-maker(s)
   

• Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any District Policy, procedure, or directive will result in more severe sanctions/responsive actions.
• Required Counseling: A mandate to meet with and engage in either District-sponsored or external counseling to better comprehend the misconduct and its effects.
• Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or from holding leadership in student organizations.
• Probation: An official sanction for violation of institutional Policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any institutional Policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Separation from the institution, or one or more of its facilities, for a definite period of time after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the institution determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate institutional property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During an institution-wide suspension, the student is banned from institutional property, functions, events, and activities unless they receive prior written approval from an appropriate institutional official. This sanction may be enforced with a trespass action, as necessary. This sanction may be noted as a Disciplinary Suspension on the student’s official academic transcript.
• Expulsion: Permanent separation from the institution. The student is banned from institutional property, and the student’s presence at any institution-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary. This sanction may be noted as Disciplinary Expulsion on the student’s official academic transcript.
• Other Actions: In addition to, or in place of, the above sanctions, the District may assign any other sanctions as deemed appropriate.

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Assignment to New Supervisor
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the District may assign any other responsive actions as deemed appropriate.

• Referral to counseling and health services
• Education to the individual and/or the community
• Permanent alteration of work arrangements for employees
• Climate surveys
• Policy modification and/or training
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, class schedules, etc.

At the discretion of the Title IX Coordinator certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.

When no Policy violation is found, the Title IX Coordinator will address any remedies the District owes the Respondent to ensure no effective denial of educational access.

The District will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the District’s ability to provide these services.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the District.

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

An Appeal Decision-maker will be assigned by the Title IX Coordinator. No Appeal Decision-maker(s) will have been previously involved in the Resolution Process for the Complaint, including in any supportive measure or dismissal appeal that may have been heard earlier in the process.

1. A procedural irregularity that would change the outcome
2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made; and/or
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome.

Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within five (5) business days of the delivery of the written decision by the Decision-maker.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-maker will provide both parties with the Request for Appeal and will be notified that they have five (5) business days to submit a written response to the appeal.

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds.

All decisions apply the preponderance of the evidence standard.

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with different individuals serving as Investigator and Decision-maker.

The Appeal decision letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the District is permitted to share according to federal or Delaware law, and the rationale supporting the essential findings to the extent the District is permitted to share under federal or Delaware law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official institutional records, or emailed to the Parties’ District-issued email or otherwise approved account. Once mailed, emailed, and/or received in person, the Appeal decision will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the three available appeal grounds.

Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with this Policy.

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. The District will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

• The allegations;
• The requirements of the Informal Resolution process;
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume the District’s grievance procedures;
• That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the resolution process arising from the same allegations;
• The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties; and
• What information the District will maintain, and whether and how it could disclose such information for use in its Resolution Process.

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.
2. Educational Conversation. When the Title IX Coordinator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and District expectations or can accompany the Complainant in their desire to confront the conduct.
3. Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and the District are agreeable to the resolution terms.
4. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below.

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker.

Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the grievance procedures.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the grievance procedures should Informal Resolution not be successful, unless agreed to by all Parties.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the grievance procedures, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, the District will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.

1. Each discrimination, harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation;
2. Any disciplinary sanctions imposed on the Respondent;
3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the District’s education program or activity;
4. Any appeal and the result therefrom;
5. Any Informal Resolution and the result therefrom;
6. All materials used to provide training to Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitator, and any person who is responsible for implementing the District’s grievance procedures, or who has the authority to modify or terminate supportive measures. The District will make these training materials available for review upon request.
7. All materials used to train all employees consistent with the requirements in the Title IX Regulations.

The District will also maintain any and all records in accordance with Delaware and federal laws.

The District is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the District’s grievance procedures.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with disability support colleagues as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

• Language services/Interpreters
• Access and training regarding use of technology throughout the grievance procedures
• Other support as deemed reasonable and necessary to facilitate participation in the grievance procedures

Effective August 1, 2024

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the US Department of Education. It applies to ensure that eligible students are provided with educational benefits and opportunities equal to those provided to non-disabled students. The purpose of this notice is to inform parents and students of the rights granted them under the law and to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

Under Section 504 you have the right to:

Disabled parents/guardians will be afforded reasonable accommodation if required to allow participation in their child’s education. The person in the Milford School District who is responsible for assuring that the District complies with Section 504 is the Director of Student Services:

Grievance Policy to Address Disability-Based Discrimination

• the child’s name, date of birth, address and the school he or she attends;
• your name, address and phone number;
• your relationship to the child (parent, guardian, surrogate);
• name, address and phone number of the person representing you (if you have someone);
• decision of the school with which you disagree and the reason;
• date you received this decision;
• your signature; and
• the following form, completed.

All employees are appointed by the Board of Education upon recommendation of the Superintendent of Schools. The Superintendent shall be responsible for the development and administration of procedures for recruiting, screening, interviewing and selecting candidates for final consideration and election by the Board. All employment approvals are conditioned upon submitting necessary hiring paperwork, verification of credentials and receipt of a satisfactory criminal background check.

When circumstances require a recommended candidate to commence employment prior to the Board meeting at which formal election would occur, the Superintendent may authorize employment and assumption of duties pending final Board action at its next meeting. Until such approval, the employment remains conditional.

The following procedures will be used to employ personnel for the summer program:

1. Summer program vacancies will be advertised and posted on a yearly basis to all current employees of the Milford School District.

2. If positions cannot be filled from current district employees, the positions will be open to any qualified applicant.

The Superintendent shall during his/her employment reside within the boundaries of the Milford School District. Upon initial employment, the Superintendent shall become a resident within one year of employment.

Other Central Office administrators and building level administrators are strongly encouraged to reside within the boundaries of the Milford School District and shall reside within a 30-mile radius of their school or office.

ADOPTED: 9/26/88; 8/26/96; 12/17/96;

MILFORD SCHOOL DISTRICT
Milford, Delaware 19963
POLICY 4201
REPORTING EMPLOYEE ABSENCES

Recognizing the importance of certain professional services to students that are an inherent part of the beginning and final five days of each school year, it is imperative that school personnel should be in attendance to accomplish these various activities. Employees requesting personal leave shall:

The administration will release members of the staff who are volunteer firemen when they have a call for fire duty. However, those who have critical functions must have their duties assumed by other qualified staff before they respond to or continue the fire duty call during school duty hours. Also, all such employees must notify their supervisor before leaving their duties. This permission does not include release for fire clean-up duties. In no instance shall the District or its supervisory employees be held responsible for any financial loss or personal injury incurred by a staff volunteer fireman while acting as a fireman or going from or to his/her duties as a fireman.

All employees and bus drivers, who have as a part of their responsibilities the supervision of students, shall implement the student discipline policies as required by the schedule of offenses, levels and actions.

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
• Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such an individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
• Such conduct has the purpose or effect of offering, promising or granting preferential treatment to any employee or applicant for employment as a result of the individual engaging in or agreeing to engage in sexual conduct.

• Physical assaults of a sexual nature.
• Other unwanted and unnecessary physical contact with another employee.
• Unwelcome advances, propositions or sexual flirtations.
• Subtle pressure or requests for sexual activities.
• Verbal abuse of a sexual nature including, but not limited to, inappropriate verbal comments about an individual’s body or sexual activities.
• Inappropriate use of sexually explicit or offensive language in discussions with or which describe an individual.  Sexually explicit or sexually offensive jokes.
• Display in the workplace of sexually suggestive objects or pictures, graffiti or cartoons.

• Access by minors to inappropriate matter on the internet or World Wide Web;
• Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
• Unauthorized access including "hacking" and other unlawful activities by minors online;
• Unauthorized disclosure, use, dissemination of personal information regarding minors; and
• Measures designed to restrict minors' access to materials harmful to minors.
• "Minor" is defined as any individual who has not attained the age of 17 years.

• Secretaries
• Technology Specialists
• Custodians and Maintenance Staff including Chief Custodians
• Child Nutrition Staff
• Paraprofessionals

• Administrators
• Instructional and Professional Staff

• Overtime shall accrue on a weekly basis.
• Hours worked in excess of 37.5 per week, or 40 hours for Custodial and Maintenance employees, shall be considered overtime hours. Hours worked in excess of 7.5 or 8.0 per day shall not be considered overtime hours unless and until the number of hours worked in that same week exceed 37.5 or 40 hours.
• It is the responsibility of the employee’s immediate supervisor to authorize or deny overtime duty.
• It is the responsibility of the employee to record and submit all hours worked.
• Overtime duty authorization shall be scheduled and pre-approved using the approved Overtime Authorization Form.

• Secretaries
• Custodial and Maintenance Staff
• Paraprofessionals

• Compensatory time shall be approved in accordance with the procedures set forth above.

• Compensatory time requests shall be approved or denied with due regard to whether sufficient staff remains to provide for the operations of the school or the district.
• No more than 3 days of compensatory time (22.5 hours) may be taken within one pay period
• The Chief Operating Officer has the authority and responsibility to review compensatory time balances and audit the records that support the accrual of specific balances.
• Any balances in question will be discussed with the employee prior to final determination.
• Employees with compensatory time balances in excess of 45 hours shall meet with their immediate supervisor to develop a plan to reduce the balance so as to not exceed 45 hours. This plan is to be submitted to the Chief Operating Officer for review and approval.
• Compensatory time balances cannot be carried forward into a new calendar year except as approved by the immediate supervisor or per the negotiated agreement.

• Voluntary flexible schedules shall not be approved if they disrupt the operations of the District.
• All voluntary flexible schedules shall be approved in writing prior to the start of the flexible schedule.
• The employee’s immediate supervisor has the authority and responsibility to terminate and/or rescind an approved voluntary flexible schedule.

• “Child” shall mean a Student: (a) who is the son or daughter (whether by birth, marriage, or adoption) of the Staff Member in question; or (b) for whom the Staff Member is the legal guardian; or (c) who resides in the Staff Member’s home.
• “Confidential Information” shall have the meaning ascribed by the District’s Confidentiality policy.
• “Covered Technology” shall mean any Electronic Communication or Social Media. For the purposes of this Policy, Covered Technology shall not include any District-Sponsored Technology.
• “District” shall mean Milford School District.  “District-Sponsored Technology” shall mean any Electronic Communication or Social Media that has been officially authorized by the District, that operate under the District’s name, and that are paid for by the District.
• “Electronic Communication” shall mean any communication that is sent by, delivered by, received by, or that otherwise uses: (a) email; (b) instant messaging; (c) text message; (d) telephone, including cellular or mobile phone and smartphones; (e) Social-Media site; (f) the Internet; or (g) any other similar technology.
• “Former Student” shall mean any person who has graduated from and who is no longer enrolled in a School.
• “Online Conduct” shall mean: (a) the transmission of any Electronic communication; and (b) the publication of any content via Social Media.
• “Parent” shall mean the parent or legal guardian of the Student in question.
• “Policy” shall mean this Electronic Communications and Social Media Policy.
• “School” shall mean any and all public schools in the District.
• “Social Media” or “Social-Media Site” shall mean any website, tool, or platform that enables communication between users or the publication of content by an individual. Because of the developing nature of Social Media, there are too many Social-Media Sites to name each individually. For illustration purposes only, Social Media includes: (a) social-networking sites (e.g., Facebook, MySpace, and LinkedIn); (b) blogs and microblogs (e.g., Wordpress, Blogger, Twitter, Tumbler); and (c) content-sharing sites (e.g., Flickr, YouTube, Vimeo, Scribd). Additionally, comments posted to a website or blog and other user-generated content are included in the definition of Social Media for the purpose of this policy.
• “Staff Member” shall mean any person who is employed by the District.  Volunteer of the District. (Volunteer: a person who performs a service to the Milford School District without pay.)
• “Student” shall mean any person who currently is enrolled in any School in the District. For the purposes of this Policy, a Student shall not include: (a) any Former Student; or (b) the child or relative of the Staff Member in question

• Be Professional. Maintain professionalism in all Online Conduct. Before engaging in Online Conduct, consider the impact such conduct would have on your relationship with coworkers, peers, District administration, Students, Parents, and the community at large.
• Be Cautious. Be particularly cautious about protecting yourself, your privacy, and any sensitive or confidential information. Consider the potential consequences that could occur if the information that you publish should be later republished or shared by others without your express permission.
• Be Transparent. Be honest in all Online Conduct. Correct any misinformation that you publish immediately. Do not purport to be an expert if you are not one.

• A Staff Member who is employed by the District in a supervisory capacity (a “supervisor”), is prohibited from making a friend request to any individual whom the Staff Member supervises or who otherwise reports to the Staff Member (a “subordinate”).
• A Staff Member-supervisor is not prohibited from accepting a friend request made by a subordinate but is encouraged to seriously consider the consequences of doing so.
• All Staff Members are prohibited from making a friend request to or accepting a friend request from any Student; except in cases where the staff member is making or accepting the request in the capacity of a parent or legal guardian.

• Promote or endorse any illegal activity, including the use of illegal drugs and the consumption of alcohol by any underage person;
• Promote or endorse violence towards any person or persons;
• Promote or endorse discrimination against or harassment of any individual or group based on race, religion, gender, disability, sexual orientation or other characteristic protected by law;
• Disclose any Confidential Information;
• Make a request to or accept a request from a Student to connect via any Social-Media Site, including but not limited to a Facebook “friend” request; except in cases where the staff member is making or accepting the request in the capacity of a parent or legal guardian;
• Engage in any Online Conduct that undermines or interferes with the Staff Member’s ability to effectively perform his or her official duties;
• Engage in any Online Conduct that undermines or interferes with the effective and efficient operation of the District or any of its Schools; and
• Publishing any recording or image (including audio, video, and pictures), taken on District property without express advance authorization except in instances where a staff member is acting in the capacity of a parent, legal guardian or relative.

• In Circumstance # 1the staff member must provide to the Building Administrator and District a written consent signed by the Student’s Parent before engaging in the communication.
• In Circumstance #2, the Staff Member must abide by Delaware Annotated Code, Title 16, sections 903, 904, 905 and 914. (Summary of applicable codes are outlined below).

• provide support with in-season supervision and skill training in practices under the supervision of a paid coach
• provide limited on-field, sideline, bench and dugout coaching assistance during practices and games providing they do so under the direction of the head coach and adhere to the requirements of this policy
• maintain records and statistics for the team
• assist with scouting teams that the district will play
• may intervene between student-athletes to prevent or curtail disagreements or confrontations. Any difficulties with student athletes must be reported to the head coach for resolution.

• initiate a reprimand or administer disciplinary action toward a student-athlete.
• verbally engage with game officials.
• display improper language or decorum with students, parents/guardians, school staff and/or spectators at any time.

• be at least 20 years of age.
• have a satisfactory Criminal Background Check.
• have a satisfactory Child Protection Registry Check.  receive Milford School Board approval.
• sign the Volunteer Agreement and Volunteer Coaching Assistant Agreement.
• be approved by Head Coach and Principal.

MILFORD SCHOOL DISTRICT
Milford, Delaware 19963
POLICY 4319
HOLIDAY SCHEDULE: TWELVE MONTH EMPLOYEES

The following holiday schedule will be observed by all twelve-month, full time employees of the Milford School District and schools will be closed:

Independence Day*
Labor Day*
Thanksgiving Day*
Thanksgiving Friday*
Christmas Day*
New Year’s Day*
Martin Luther King, Jr. Day*
Presidents Day
Good Friday*
Easter Monday (in lieu of State Columbus Day Holiday)
Memorial Day*
Juneteenth*
General Election Day (every two years)
Return Day (Half Day every two years)
Veterans' Day

Holidays that occur on a non-workday, including a weekend, shall be observed in accordance with Title 1, Chapter 5 §501, Delaware Code, as amended.

* State Holidays for Merit Employees

ADOPTED: March 16, 1970
AMENDED: July 18, 1977; 7/1/00; 11/26/01; 5/19/03; 9/24/12; 3/21/22

1. Employees wishing to donate accrued sick leave must donate in increments of whole days.
2. For every two days donated, one will be made available to the recipient.
3. Donated days shall be made available only for recipients of a school district for catastrophic illness. For purposes of this policy, catastrophic illness shall follow the definition set forth in Del. Code, Title 14, §1318A.
   • Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12 month consecutive period, shall be considered the same period of disability.
4. For this policy, family member is defined pursuant Del. Code, Title 14, §1318A.
5. The district will convert the donated leave available for use by a recipient into cash value at each donor’s rate of pay, then shall re-convert the cash value to hours of leave at the recipient’s rate of pay and shall then credit the recipient’s donated leave balance.
6. The recipient of the donated leave shall have been an employee of Milford School District for at least 6 consecutive months to become eligible for donated leave time.
7. Recipient must have used all of their own accrued sick and personal days and half of their annual leave to become eligible. However, when donated leave is for the catastrophic illness of a family member, the employee must have used all sick days, personal days, and annual leave.
8. The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence.
9. No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this policy.
10. Recipient is entitled to the state share of salary only.
11. Any recipient of donated leave is subject to a 1-work-year cap with the number of days equal to 188 for 10 month employees, 207 for 11 month employees and 222 for 12 month employees.
12. The Human Resources Office will notify Milford School District staff via e-mail when an employee has requested Donated Leave and the number of days needed. The requesting employee’s identity will remain anonymous unless the employee provides written authorization to disclose their name. Requesting employees may not solicit leave days via e-mail or public notice.

MILFORD SCHOOL DISTRICT
Milford, Delaware 19963
POLICY 5112
THREAT ASSESSMENT

THREAT ASSESSMENT

The Milford School District Board of Education is committed to protecting its students, employees, and members of the community. It is essential that districtwide violence prevention be in place to foster a learning environment that promotes a culture of safety, respect, trust, and social/emotional support, while also protecting students and staff from conduct that poses an actual or perceived threat to self or others. The threat assessment policy shall be interpreted and applied consistently with all applicable state and federal laws, and all Board approved collective-bargaining agreements. This policy was developed in accordance with established research and recognized standards of practice recommended and offered by the Comprehensive School Safety Program (CSSP) of Delaware’s Emergency Management Agency (DEMA). The recommended items from CSSP consists of the Safety and Wellness Suite which contains an anonymous reporting application with additional mental health resources, behavioral threat assessment (BTA), suicide risk assessment (SRA), and a case management system (CMS) for school settings.

DEFINITIONS

A. Behavioral Threat Assessment (BTA): A systematic process that is designed to identify situations/persons of concern, investigate, gather information, and assess and manage the situation to mitigate risk. Threat assessment is a prevention strategy based on a problem-solving approach to violence prevention.

B. Behavioral Threat Assessment Team: A school level team that shall include people with expertise in counseling, instruction, school administration, and law enforcement. Additional personnel with knowledge of the child or circumstances may also serve as members of the team.

C. Comprehensive School Threat Assessment Guidelines (CSTAG): An evidence-based, research backed set of guidelines for the comprehensive school threat assessment process created by Dr. Dewey Cornell. MSD school-based teams will be trained to assess and respond effectively to threats of violence.

D. Threat: A communication or behavior that indicates that an individual poses a danger to the safety of school staff or students through acts of violence or other behavior that would cause harm to self or others.

a. The threat may be expressed/communicated behaviorally, orally, visually, in writing, electronically, or through any other means. 

b. The communication and/or behavior is considered a threat regardless of whether it is observed by or communicated directly to the target of the threat; observed by or communicated to a third party, and regardless of whether the target of the threat is aware of the threat.

E. Imminent Threat: An imminent threat exists when the person’s behavior/situation poses a clear and immediate threat of serious violence toward self or others that requires prompt, immediate containment, and ac􀆟on to protect identified or identifiable target(s).

ROLES AND RESPONSIBILITIES

A. The Chief Academic Officer shall ensure compliance with this policy.

B. Each school principal shall identify members of a threat assessment team that includes persons with expertise in counseling, instruction, school administration, and law enforcement. Members will be trained on the roles and responsibilities of each team member.

C. All school-based administrators and threat assessment team members must attend and complete mandatory district threat assessment trainings. Each mandatory team member shall report their completion of this requirement to their supervisor.

D. The district team must provide annual training and guidance to students, staff, and parents on recognizing behaviors of concern, their roles, and responsibilities in reporting the behavior, and the various options for submitting a report, including anonymous reporting through the district provided anonymous reporting application.

E. Each school principal must assign school-based staff members who can proactively monitor and respond to all incoming reports where safety is of concern.

F. Each threat assessment team must respond, within 24 hours when school is in session, to any report of a threat or any patterns of behavior that may pose a threat to self or others. If there is a threat to self, refer to the District’s suicide prevention procedures as outlined in Board Policy 5111. If school is not in session, the school principal must immediately refer the matter to law enforcement for evaluation, and the threat assessment team must meet no later than the end of the first day school is back in session to consider the matter and ensure it is resolved. The team shall gather information regarding the specifics of the threat and/or behaviors that may pose a threat, including but not limited to details of the incident or threat, witness statements, and relevant artifacts.

G. When assessing a potential threat or concerning behavior, the threat assessment team must determine not only whether a threat has been made or communicated, but also if a person poses a danger to self and/or others or if they are potentially on a pathway to violence.

• For students deemed a threat to self, the threat assessment team must ensure the student’s immediate safety, then activate the district’s suicide prevention process as outlined in Board Policy 5111. A Threat Assessment team member will meet with the student and assess the severity of the risk following the suicide prevention policy guidelines and procedures.

• If the threat assessment team determines that a student poses a threat to others, the team is responsible for assessing the level of threat by conducting the District’s threat assessment procedures outlined in the CSTAG Behavioral Threat Assessment.

• A Behavioral Threat Assessment should never be completed alone and should always have an administrator as an assessor as recommended by the CSTAG, U.S. Secret Service National Threat Assessment Center (NTAC), and American School Counselors Association (ASCA).

• The threat assessment team must coordinate resources to provide intervention to individuals whose behavior may pose a threat to the safety of school staff or students as outlined in the CSTAG BTA.

• The threat assessment team must plan for the implementation and monitoring of appropriate interventions to manage or mitigate the student’s risk for engaging in violence thereby increasing the likelihood of positive outcomes.

• Interventions should remain in place until the team determines that the student is no longer in need of supports and does not pose a threat to self or others.

H. Threat assessment teams shall follow established procedures for referrals to school-based, community, and/or health care providers for mental health services, evaluation, and/or treatment.

• All threat assessment outcomes and recommendations must be reported to the school principal. The school principal will review the documentation for all threat assessments to ensure completeness and fidelity in the Electronic Case Management System.

• In addition, upon a preliminary determination that a student poses a threat of violence or physical harm to self or others, the threat assessment team must immediately report its determination to school principal or his/her administrative designee. The student should not be le􀅌 alone. Once the student is safely secured by school personnel. The principal or his/her administrative designee shall immediately attempt to notify the student’s parent or legal guardian.

• If there is a threat to self, activate the district’s suicide prevention procedures as outlined in Board Policy 5111.

• Nothing in this policy shall preclude school personnel from ac􀆟ng immediately to address an imminent threat. When an immediate threat to life or physical safety exists, an immediate notification to law enforcement is required.

• Nothing in this policy shall preclude the threat assessment team from notifying the school principal, his/her administrative designee, or the supervisor of any individual (other than a student) who poses a threat of violence or physical harm to self or others.

I. Threat assessment teams shall contact other known agencies or service providers involved with the student to share information and coordinate the necessary follow up. Any information from education records disclosed during this process shall be done in accordance with The Family Educational Rights and Privacy Act (FERPA) (34 CFR 99.31(10), 99.36).

J. If a student makes an imminent threat to a specific, identified victim, the administrative member of the Threat Assessment Team will notify the parent/guardian of the threatened/victim student in accordance with Duty to Warn standards (if applicable), ASCA Ethical Standards for School Counselors, and in accordance with FERPA which allows school officials, in an emergency, to disclose without consent, education records, including personally identifiable information from those records to protect the health or safety of students or other individuals. This exception is limited to the period of the emergency and generally does not allow for blanket release of personally identifiable information from a student’s education records. Rather, disclosure must be related to an actual, impending, or imminent emergency such as a natural disaster, terrorist attack, a campus shooting, or the outbreak of an epidemic disease (FERPA 1974 34 CFR § 99.31 (a) (10) and § 99.36) 1.

K. All District employees and volunteers are required to report to school administration any expressed threat(s) or behavior(s) that may represent a threat to the community, school, or self.

L. Regardless of threat assessment ac􀆟vi􀆟es, disciplinary ac􀆟on and referral to law enforcement are to occur as appropriate and required by law and school board policies.

M. The threat assessment team must consult with law enforcement when a student exhibits a pattern of behavior, based upon previous acts, or the severity of an act, that would pose a threat to school safety.

N. Based on the above criteria, if a student is facing possible expulsion, alternative placement, or suspension as a consequence of certain actions, the school should consider ways in which these can be safely enacted and identify resources that may assist the student during this 􀆟me.

O. Threat Assessment records are considered education records and shall be maintained and released in accordance with FERPA and state statute. The threat assessment, its determination, along with any interventions provided, will be recorded in the appropriate electronic data system by the threat assessment team. Additionally, these records will be transferred pursuant to school board policy 5100.2.

ADOPTED: 6/17/24