BoardDocs® Policy: po2266 SEXUAL DISCRIMINATION IN EDUCATION PROGRAMS AND ACTIVITIES

2266 – SEXUAL DISCRIMINATION IN EDUCATION PROGRAMS AND ACTIVITIES

The headings in the policy are for convenience or reference only and will not govern the interpretation of the provisions.

IN GENERAL
1. The School Board prohibits discrimination on the basis of (including sexual orientation or gender identity) in its education programs or activities (hereafter referred to "Sex Discrimination"). The prohibition against Sex Discrimination in its education program or activity extends to enrollment, admission, and employment. The Board is committed to maintaining an education and work environment that is free from Sex Discrimination, including Sexual Harassment.
2. The Board prohibits Sexual Harassment that occurs within its education programs and activities. When the District has actual knowledge of Sexual Harassment in its education program or activity against a person in the United States, it shall promptly respond in a manner that is not deliberately indifferent.
SCOPE
1. This policy applies to Sexual Harassment that occurs within the District’s education programs and activities and that is committed by a member of the School District community or a Third Parties.
2. This policy does not apply to conduct on the basis of sex that occurs off school grounds, in a private setting, and outside the scope of the District’s education programs and activities; such conduct may be prohibited by State or Federal laws, or School Board policy, as applicable.
3. Consistent with the U.S. Department of Education’s implementing regulations for Title IX, this policy does not apply to conduct on the basis of sex that occurs outside the geographic boundaries of the United States; such conduct may be governed by State or Federal laws, or School Board policy, as applicable.
4. Reports made pursuant to School Board policy 5517.03 - Teen Dating Violence and Abuse will be investigated in accordance with this policy.
DEFINITIONS

Words used in this policy shall have those meanings defined herein; words not defined herein shall be construed according to Board Bylaw 0100 - Definitions, as otherwise required under a collective bargaining agreement, or their plain and ordinary meanings. Throughout this policy, the singular may be read as plural and the plural as singular.
1. Sex Discrimination: “Sex Discrimination means treating a student or employee unfavorably because of that student’s or employee’s sex, which can include discrimination because of gender identity, transgender status, and sexual orientation.
2. Sexual Harassment: “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
  1. Conditioning the provision of aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
  2. Unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
  3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). Sexual Assault also means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
  4. Sexual Harassment may involve conduct by a person of any gender against a person of the same or other gender.
3. Complainant: “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
4. Respondent: “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
5. Formal Complaint: “Formal Complaint” means a document filed by a Complainant and signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the District investigate the allegation(s) of Sexual Harassment. At the time of filing a Formal Complaint with the District, a Complainant must be participating in, engaging in, or attempting to participate or engage in the District’s education program or activity. A “document filed by a complainant’’ means a document or electronic submission (such as by electronic mail or through an online portal that the Superintendent provides for this purpose) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or a party to the Formal Complaint and must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
6. Education Program or Activity: “Education program or activity” refers to all operations of the District, including but not limited to in-person and online educational instruction, employment, extracurricular activities, athletics, performances, and community engagement and outreach programs. The term applies to all activity that occurs on school grounds or on other property owned or occupied by the Board. It also includes locations, events, and circumstances that take place off-school property/grounds over which the Board exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs.
7. School District community: “School District community” refers to students and Board employees (i.e., administrators, and professional and classified staff), as well as the superintendent, Board members, agents, volunteers, or other persons subject to the control and supervision of the Board.
8. Third Parties: “Third Parties” include, but are not limited to, guests and/or visitors on School District property (e.g., visiting speakers, participants on opposing athletic teams, parents), contractors/vendors doing business with, or seeking to do business with the Board, and other individuals who come in contact with members of the School District community at school-related events/activities (whether on or off District property).
9. Grievance Process: "Grievance Process" refers to the process pursuant to the criteria forth in this policy, detailed below.
10. Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in this policy means a business day(s) (i.e., a day(s) that the Board office is open for normal operating hours, Monday – Friday, excluding State-recognized holidays).
TITLE IX COORDINATOR
1. The Board designates and authorizes the Assistant Superintendent of Prevention, Intervention & Equity Services, to oversee and coordinate its efforts to comply with Title IX and its implementing regulations ("Title IX Coordinator").
2. The Title IX Coordinator shall report directly to the Superintendent except when the Superintendent is a Respondent. In such matters, the Title IX Coordinator shall report directly to the School Board Attorney. Questions about this policy should be directed to the Title IX Coordinator.
3. The Superintendent shall notify applicants for enrollment, admission, and employment, students, parents or legal guardians of elementary and secondary school students, Board employees, and all unions or professional organizations holding collective bargaining or professional agreements with the Board of the following information:
  
  The School Board of Leon County, Florida does not discriminate on the basis of sex in its education program or activity and is required by Title IX and its implementing regulations not to discriminate in such a manner. The requirement not to discriminate in its education program or activity extends to enrollment, admission, and employment. Any inquiries about the application of Title IX and its implementing regulations to the District may be referred to the Title IX Coordinator, the Assistant Secretary for the U.S. Department of Education’s Office for Civil Rights, ts or Respondents generally or an individual Complainant or Respondent.
4. If a determination of responsibility for Sexual Harassment is made against the Respondent, the Board will provide remedies to the Complainant. The remedies will be designed to restore or preserve equal access to the District’s education program or activity. Potential remedies include, but are not limited to, individualized services that constitute supportive measures. Remedies may also be disciplinary or punitive in nature and may burden the Respondent.
GRIEVANCE PROCESS
1. In General
  1. The Board is committed to promptly and equitably resolving student and employee complaints alleging Sexual Harassment. The District’s response to allegations of Sexual Harassment will treat Complainants and Respondents equitably, including providing supportive measures to the Complainant and Respondent, as appropriate, and following this Grievance Process before the imposition of any disciplinary sanctions or other actions, other than supportive measures, against the Respondent.
  2. The Title IX Coordinator, along with any investigator(s), decision-maker(s), or any person(s) designated to facilitate an informal resolution process, shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
  3. If a determination of responsibility for Sexual Harassment is made against the Respondent, the Board will provide remedies to the Complainant. The remedies will be designed to restore or preserve equal access to the District’s education program or activity. Potential remedies include, but are not limited to, individualized services that constitute supportive measures. Remedies may also be disciplinary or punitive in nature and may burden the Respondent.
2. Mandated Reporting
  1. Students, Board members, superintendent, and Board employees are required, and other members of the School District community and Third Parties are encouraged, to report allegations of Sex Discrimination or Sexual Harassment promptly to the Title IX Coordinator.
  2. If a Board employee fails to report an incident of Sexual Harassment of which the Board employee is aware, the Board employee may be subject to disciplinary action, up to and including termination.
3. Reports of Sexual Harassment
  1. Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute Sexual Harassment), in person, by mail, by telephone, by electronic mail, by using the contact information found on the Equity & Diversity Department webpage (https://www.leonschools.net/Page/884), or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. Reports may be made at any time (including during non-business hours), by using the telephone number(s), electronic mail address(es), or office mailing address(es) listed for the Title IX Coordinator.
  2. Reports can be made orally or in writing and should be as specific as possible. The person making the report should, to the extent known, identify the alleged victim(s), the alleged perpetrator(s), and witness(es), and describe in detail what occurred, including date(s), time(s), and location(s). If a report involves allegations of Sexual Harassment by or involving the Title IX Coordinator, the person making the report should submit it to the Superintendent. The Superintendent will then serve in place of the Title IX Coordinator for purposes of addressing that report of Sexual Harassment.
  3. A person may file criminal charges simultaneously with filing a Formal Complaint. A person does not need to wait until the Title IX investigation is completed before filing a criminal complaint. Likewise, questions or complaints relating to Title IX may be filed with the U.S. Department of Education’s Office for Civil Rights at any time.
  4. Any allegations of sexual misconduct/sexual activity not involving Sexual Harassment will be addressed as set forth in Board policy, administrative procedure, or a collective bargaining agreement, as applicable.
  5. When a report of Sexual Harassment is made, the Title IX Coordinator shall promptly contact the Complainant (including the parent or legal guardian if the Complainant is under eighteen (18) years of age or under guardianship) to discuss the availability of supportive measures and explain to the Complainant the process for filing a Formal Complaint.
  6. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Any supportive measures provided to the Complainant or Respondent shall be maintained as confidential, to the extent that maintaining such confidentiality will not impair the ability of the District to provide the supportive measures.
4. Removal of Respondent from Education Programs or Activities
  1. Emergency Removal: Subject to limitations and/or procedures imposed by State and/or Federal law, Board policy as applicable, a student Respondent may be subject to emergency removal.
    1. The Superintendent may remove a student Respondent from its education program or activity on an emergency basis after conducting an individualized safety and risk analysis. The purpose of the individualized safety and risk analysis is to determine whether the student Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment that justifies removal.
    2. If the Superintendent determines the student Respondent poses such a threat, it will so notify the student Respondent, parent, or legal guardian if the Complainant is under eighteen (18) years of age or under guardianship, and the student Respondent will have an opportunity to challenge the decision immediately following the removal pursuant to the criteria set forth in Policy 5610.01 – Emergency Removal of Students, and Policy 5611 – Due Process Rights.
  2. If the Respondent is a Board employee, the District may place the Respondent on administrative leave during the pendency of the Grievance Process.
  3. For all other Respondents, including other members of the School District community and Third Parties, the Board retains broad discretion to prohibit such persons from entering onto its school grounds and other properties at any time and for any reason, whether after receiving a report of Sexual Harassment or otherwise.
5. Formal Complaint of Sexual Harassment
  1. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, by electronic mail, or by using the contact information found on the Equity & Diversity Department webpage (https://www.leonschools.net/Page/884). If a Formal Complaint involves allegations of Sexual Harassment by or involving the Title IX Coordinator, the Complainant should submit the Formal Complaint to the Superintendent.
  2. When the Title IX Coordinator receives a Formal Complaint, the District will follow this Grievance Process and will undertake an objective evaluation of all relevant evidence. In signing the Formal Complaint, the Title IX Coordinator is attesting that they are neither a Complainant nor a party to the Formal Complaint, and have no conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
  3. It is a violation of Board policy for a Complainant(s), Respondent(s), and/or witness(es) to knowingly make false statements or knowingly submits false information during the Grievance Process, including intentionally making or attesting to a false report of Sexual Harassment or submitting a false Formal Complaint.
  4. The Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process.
6. Timeline
  1. The District will seek to conclude the Grievance Process, including resolving any appeals, within sixty (60) days of receipt of the Formal Complaint.
  2. If appropriate, the Title IX Coordinator may offer an informal resolution process. However, the informal resolution process may not be used to unduly delay the investigation and determination of responsibility. The Title IX Coordinator may institute a temporary delay of the Grievance Process or a limited extension with written notice to the Complainant and the Respondent of the delay or extension and the good cause reason for the action. Good cause may include, but not be limited to, the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; and the need for language assistance or an accommodation of disabilities. The Title IX Coordinator will provide the parties with reasonable updates on the status of the Grievance Process.
  3. Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice to the parties who are known.
7. Dismissal of a Formal Complaint
  1. The District shall investigate the allegations in a Formal Complaint unless the conduct alleged in the Formal Complaint:
    1. would not constitute Sexual Harassment (as defined in this policy) even if proved;
    2. did not occur in the District’s education program or activity; or
    3. did not occur against a person in the United States.
  2. If one of the preceding circumstances exist, the Title IX Coordinator shall dismiss the Formal Complaint. If the Title IX Coordinator dismisses the Formal Complaint due to one of the preceding reasons, the District may still investigate and take action with respect to such alleged misconduct pursuant to another provision of an applicable code of conduct, Board policy, and/or Employee/Administrator Handbook.
  3. The Title IX Coordinator may dismiss a Formal Complaint, or any allegations therein, if at any time during the investigation:
    1. a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
    2. the Respondent is no longer enrolled in the District, admitted to a District postsecondary institution, or employed by the Board; or
    3. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
  4. If the Title IX Coordinator dismisses a Formal Complaint or allegations therein, the Title IX Coordinator must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.
8. Consolidation of Formal Complaints
  1. The Title IX Coordinator may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Harassment arise out of the same facts or circumstances.
  2. Where a Grievance Process involves more than one Complainant or more than one Respondent, references in this policy to the singular ‘‘party,’’ ‘‘Complainant,’’ or ‘‘Respondent’’ include the plural, as applicable.
9. Informal Resolution Process
  1. Under no circumstances shall a Complainant be required as a condition of enrollment or continuing enrollment, admission or continuing admission, or employment or continuing employment, or enjoyment of any other right, to waive any right to an investigation and adjudication of a Formal Complaint of Sexual Harassment. Similarly, no party shall be required to participate in an informal resolution process.
  2. When a Formal Complaint is filed, the Title IX Coordinator may exercise the discretion to offer, if appropriate, to the parties an informal resolution process. If the parties mutually agree to participate in the informal resolution process, the Title IX Coordinator shall designate a trained individual to facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication. The informal resolution process may be used at any time prior to the decision-maker(s) reaching a determination regarding responsibility.
  3. 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.
  4. Before commencing the informal resolution process, the Title IX Coordinator shall obtain from the parties their voluntary, written consent to the informal resolution process.
  5. During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur are stayed and all related deadlines are suspended.
  6. The informal resolution process is not available to resolve allegations that a Board employee, or another adult member of the School District community, or Third Parties sexually harassed a student.
10. Investigation of a Formal Complaint of Sexual Harassment
  1. The Title IX Coordinator shall appoint an investigator for each Formal Complaint. In conducting the investigation of a Formal Complaint and throughout the Grievance Process, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility is on the District, not the parties.
  2. If during the course of the investigation, the investigator becomes aware of allegations about the Complainant or Respondent that are not included in the original notice provided to the parties, the investigator will notify the Title IX Coordinator and the Title IX Coordinator will decide whether the investigator should investigate the additional allegations; if the Title IX Coordinator decides to include the new allegations as part of the investigation, the Title IX Coordinator will provide notice of the additional allegations to the parties whose identities are known.
  3. In making the determination of responsibility, the decision-maker(s) is (are) directed to use the preponderance of the evidence standard. The decision-maker(s) is charged with considering the totality of all available evidence, from all relevant sources. The same standard of evidence must be used for all Formal Complaints of Sexual Harassment.
  4. The District is not permitted to access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the party or their parent or legal guardian, if the party is a minor, provides the District with voluntary, written consent to do so.
  5. The investigator(s) and decision-maker(s) may not require, allow, rely upon or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege in writing.
  6. As part of the investigation, the parties have the right to:
    1. present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence; and
    2. have representation during any portion of a Grievance Process, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The District may not limit the choice or presence of an advisor for either the Complainant or Respondent in any meeting or grievance proceeding.
  7. Board Policy 2461 – Recording of Parent-Staff Meetings controls whether a person is allowed to audio record or video record any meeting or grievance proceeding.
  8. The District will provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate. The investigator(s) and decision-maker(s) must provide a minimum of one (1) days’ notice with respect to investigative interviews and other meetings.
  9. Each party shall have an equal opportunity to inspect and review any and all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.
  10. Prior to completion of the investigative report, the Title IX Coordinator will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have at least ten (10) calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.
  11. At the conclusion of the investigation, the investigator shall create an investigative report that fairly summarizes relevant evidence and send the report to each party and the party’s advisor, if any, for their review and written response. The investigator will send the investigative report in an electronic format or a hard copy, at least ten (10) calendar days prior to the decision-maker(s) issuing a determination regarding responsibility.
11. Determination of Responsibility
  1. The Title IX Coordinator shall appoint a decision-maker(s) to issue a determination of responsibility. The decision-maker(s) cannot be the same person(s) as the Title IX Coordinator or the investigator(s).
  2. After the investigator sends the investigative report to the parties and the decision-maker(s), and before the decision-maker(s) reaches a determination regarding responsibility, the decision-maker(s) will 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. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.
  3. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.
12. Determination of the Decision-Maker
  1. The decision-maker(s) will issue a written determination regarding responsibility. To reach this determination, the decision-maker(s) must apply the preponderance of the evidence standard.
  2. The written determination will include the following content:
    1. Identification of the allegations potentially constituting Sexual Harassment pursuant to this policy;
    2. 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, and methods used to gather other evidence;
    3. Findings of fact supporting the determination;
    4. Conclusions regarding the application of the applicable code of conduct to the facts;
    5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the decision-maker(s) is recommending that the District impose on the Respondent(s), and whether remedies designed to restore or preserve equal access to the District’s education program or activity should be provided by the District to the Complainant(s); and,
    6. The procedures and permissible bases for the Complainant(s) and Respondent(s) to appeal.
  3. Determinations Involving Student Respondents
    
    A student Respondent who is determined responsible for violating this policy (i.e., engaging in Sexual Harassment) may be subject to disciplinary sanctions/consequences as set forth in Board policy including, Policy 5500 – Student Conduct/Discip the recommendation(s) therein and implement an appropriate remedy(ies) in compliance with applicable due process procedures, whether statutory or contractual. If the Superintendent is the Respondent, the Title IX Coordinator will notify the Board Attorney.
  4. In ultimately, imposing a disciplinary sanction/consequence, the Superintendent (or the Board attorney when the Superintendent is the Respondent) will consider the severity of the incident, previous disciplinary violations (if any), and any mitigating circumstances. If the Respondent is an elected Superintendent or Member of the Board, the Board shall notify the appropriate Florida governmental authority(ies).
  5. The District’s resolution of a Formal Complaint ordinarily will not be impacted by the fact that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.
  6. At any point in the Grievance Process, the Superintendent (or the Board attorney if the Superintendent is the Respondent) may involve local law enforcement and/or file criminal charges related to allegations of Sexual Harassment that involve a sexual assault.
  7. The Title IX Coordinator is responsible for the effective implementation of any remedies that have been determined to be appropriate.
APPEAL
1. Both parties have the right to file an appeal from a determination regarding responsibility, or from the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, on the following bases:
  1. The procedural irregularity that affected the outcome of the matter (e.g., material deviation from established procedures);
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant(s) or Respondent(s) that affected the outcome of the matter.
2. Any party wishing to appeal the decision-maker’s determination of responsibility, or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, must submit a written appeal to the Title IX Coordinator within five (5) days after receipt of the decision-maker’s determination of responsibility or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein.
3. Nothing herein shall prevent the Superintendent (or the Board when the appointed Superintendent is the Respondent) from imposing any remedy, including disciplinary sanction, while the appeal is pending.
4. As to all appeals, the Title IX Coordinator will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
5. The decision-maker for the appeal shall not be the same person as the decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator(s). The decision-maker(s) for the appeal shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant(s) or Respondent(s) and shall receive the same training as required of other decision-makers.
6. Both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. The parties’ written statements in support of, or challenging, the determination of responsibility must be submitted within five (5) days after the Title IX Coordinator provides notice to the non-appealing party of the appeal.
7. The decision-maker for the appeal shall issue a written decision describing the result of the appeal and the rationale for the result. The written decision will be provided to the Title IX Coordinator who will provide it simultaneously to both parties. The written decision

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