Agenda: Policy Committee Meeting, April 28, 2022

Formal complaint: A document filed by a Complainant or signed by the applicable Title IX Coordinator alleging Title IX sexual harassment and requesting that the District investigate the allegation. The authority for the applicable Title IX Coordinator to sign a formal complaint does not make the applicable Title IX Coordinator the Complainant or other party during the grievance process. The phrase “document filed by a Complainant” refers to a document or electronic submission that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint. Page 1 of 20

Inculpatory evidence: Evidence tending to incriminate the Respondent or indicate their guilt. Respondent: Any individual who is reported to be the perpetrator of conduct that could constitute Title IX sexual harassment. Retaliation: Actions including, but not limited to, intimidation, threats, coercion, or discrimination against a Complainant or other person because they report conduct that may constitute discrimination or harassment, including Title IX sexual harassment, in accordance with Board policy and procedures, participate in an investigation or other process addressing discrimination or Title IX sexual harassment, or act in opposition to discriminatory practices. The following actions shall not constitute retaliation: 1. An individual exercising free speech under the rights protected by the First Amendment. 2. The assignment of consequences consistent with Board policy, the Pennsylvania Public School Code, applicable collective bargaining agreements, and the District’s Code of

Conduct when an individual knowingly makes a materially false statement in bad faith in1 an investigation. The fact that the charges of discrimination were unfounded or unsubstantiated shall not be the sole reason to conclude that any party made a materially false statement in bad faith. Supportive measures: Nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Possible supportive measures include, but are not limited to, the following actions: 1. Parent/student conferences; 2. Offer of one-to-one counseling with appropriate professional staff; 3. Behavioral supports, such as Functional Behavioral Assessments, check in/check out, and Positive Behavior Support Plans; 4. Increased adult supervision in hot spot areas and during transition times (e.g. admission

and dismissal, classroom changes, lunch, recess); 5. Social skills training, including role playing; 6. Positive incentives and reinforcements for appropriate or improved behavior; 7. Development of a safety plan for the Complainant; and 8. Daily report. Title IX sexual harassment: Conduct on the basis of sex that satisfies one or more of the following: 1. A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment; 1 The Code of Conduct is available at https://www.philasd.org/studentrights/ Page 2 of 20

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or 3. Sexual assault, dating violence, domestic violence, or stalking. a. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors: 1) Length of relationship. 2) Type of relationship. 3) Frequency of interaction between the persons involved in the relationship. b. Domestic violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate

partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving federal funding, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. c. Sexual assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. d. Stalking: Under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to either: 1) Fear for their safety or the safety of others, or 2) Suffer substantial emotional distress. Such conduct must have taken place during a District education program or activity and against a

person in the United States to qualify as sexual harassment. An education program or activity includes the locations, events, or circumstances over which the District exercises substantial control over both the Respondent and the context in which the harassment occurs. Conduct on the basis of sex or gender includes conduct on the basis of sexual orientation and gender identity. Sexual harassment can take place regardless of sexual orientation or gender identity and can happen among people of the same gender identity. Title IX Sexual Harassment Procedures Page 3 of 20

I. General Response A. Reporting A report may be made at any time, including during nonbusiness hours. NOTE: It is critical when receiving a complaint to determine whether immediate steps must be taken to avoid further harm, such as keeping students separated, getting medical/behavioral health aid for anyone harmed, etc. A.1. Reporting Sexual Harassment of a Student Any person, whether the alleged victim or not, may submit a report alleging Title IX sexual harassment of a student by any means that results in the Compliance Officer/Title IX Coordinator receiving the person's verbal or written complaint including: 1. Completing the online Bullying Harassment and Discrimination Reporting form;2 2. Calling the Bullying/Harassment hotline at 215-400-SAFE; 3. Submitting a complaint via Safe2Say;3 4. Emailing the Compliance Officer/Title IX Coordinator directly at antiharassment@philasd.org; or 5. Reporting the incident to the building principal or designee, or to any other member of

the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches, and administrators. A report may be made at any time, including during nonbusiness hours. Complaints will be treated the same, regardless of whether they are made verbally or in writing. Any school employee who receives a complaint or witnesses, suspects, or is notified that a student may have been subject to conduct that constitutes a violation of this policy shall immediately complete the online Bullying Harassment and Discrimination Reporting form, report the incident to the building principal or designee, and properly make any mandatory police or child protective services reports required by law or Board policy. If the building principal is the subject of a complaint, the student, parent/guardian, third party, or employee shall report the incident directly to the Compliance Officer/Title IX Coordinator. A.2. Reporting Sexual Harassment of an Employee

Any person, whether the alleged victim or not, may report Title IX sexual harassment of an employee by any means that results in the Employee Title IX Coordinator receiving the person's verbal or written complaint including: 3 The Safe2Say complaint form is available at safe2saypa.org 2 The online Bullying, Harassment, and Discrimination Reporting form is available at https://pareporting.hibster.com/Pages/Home.aspx?id=241 Page 4 of 20

1. Using the Employee Discrimination, Harassment, and Sexual Misconduct Reporting and Investigation form;4 2. Making a general report verbally or in writing to their supervisor; or 3. Using the contact information listed for the Employee Title IX Coordinator. Upon receipt of a report, all supervisors and employees shall immediately notify the Employee Title IX Coordinator at employeerelations@philasd.org. District staff who become aware of conduct that may constitute Title IX sexual harassment affecting a staff member shall promptly report it to their supervisor or the Employee Title IX Coordinator. All reports shall be documented by the Employee Title IX Coordinator and these procedures shall be implemented appropriately. B. District’s Initial Response When the District has actual knowledge of Title IX sexual harassment, the District is required to respond promptly and in a manner that is not deliberately indifferent, meaning not clearly

unreasonable in light of the known circumstances. If either party is an identified student with a disability, or thought to be disabled, the Compliance Officer/Title IX Coordinator shall contact the school’s Director of Special Education to coordinate the required actions in accordance with Board policy. If a student is identified as a party in the report, parents/guardians of students have the right to act on behalf of the Complainant, the Respondent, or other individual at any time. The District’s initial response through the applicable Title IX Coordinator shall include the following steps which are set forth in more detail in sections B.1 through B.4 below: 1. Conduct an initial assessment of the information submitted in the report; 2. If the Complainant or Respondent is a student, notify their parents/guardians; 3. Contact the Complainant to discuss the availability of supportive measures; and

4. Work with appropriate school personnel to promptly conduct an individualized safety and risk analysis. An emergency reassignment of an employee may be initiated when warranted to address an immediate threat to the health, well-being, or safety of an individual or a school community. Emergency reassignment must be approved by Deputy, Employee and Labor Relations. An accused nonstudent District employee may be placed on administrative leave or administrative assignment during the pendency of the grievance process for Formal Complaints, consistent with all rights under Section 504 of the Rehabilitation Act and the Americans with 4 The Employee Discrimination, Harassment, and Sexual Misconduct Reporting and Investigation form is available at https://www.philasd.org/employeerelations/forms/employee-discrimination-and-harassment-reporting-and- investigation-form/ Page 5 of 20

Disabilities Act, and in accordance with state law and regulations, Board policy, and an applicable collective bargaining agreement or individual contract. When an emergency removal of a student is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability, where applicable. B.1. Initial Assessment by Compliance Officer/Title IX Coordinator Based on the chart below, the applicable Title IX Coordinator shall gather additional information from the reporter and/or other parties identified in the report, to determine if the allegations meet the definition and parameters for Title IX sexual harassment. The applicable Title IX Coordinator shall promptly contact the Complainant to gather additional

information as necessary, and to discuss the availability of supportive measures. The applicable Title IX Coordinator shall consider the Complainant’s wishes with respect to supportive measures. The applicable Title IX Coordinator shall assess whether the reported conduct: 1. Meets the definition of Title IX sexual harassment; 2. Occurred in a District program or activity under the control of the District against a person in the United States; 3. Involves other Board policies; 4. Indicates, based on the individualized safety and risk analysis, that there is an immediate5 threat to the physical health or safety of an individual; and 5. Involves a student identified as a student with a disability under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act. Complainant Respondent Initial assessment conducted by: Investigation/Decision- making/Appeal: Supportive measures provided by: Student Student Compliance Officer/Title IX Coordinator Compliance

Officer/Title IX Coordinator Compliance Officer/Title IX Coordinator Employee Student Employee Title IX Compliance Employee Title 5 When the Respondent is an employee, the Employee Title IX Coordinator shall conduct the Safety and Risk analysis and oversee the process for emergency removal. When the Respondent is a student, the Compliance Officer/Title IX Coordinator shall conduct the Safety and Risk analysis and oversee the process for emergency removal. Page 6 of 20

Coordinator Officer/Title IX Coordinator IX Coordinator Student Employee Compliance Officer/Title IX Coordinator Employee Title IX Coordinator Compliance Officer/Title IX Coordinator Employee Employee Employee Title IX Coordinator Employee Title IX Coordinator Employee Title IX Coordinator If the result of this initial assessment determines that the reported conduct does not meet the definition of Title IX sexual harassment but could involve other Board policies, the individual conducting the assessment shall assess whether the reported conduct involves other Board policies or the Code of Conduct and, if so, shall inform the Complainant of this assessment and redirect the Complaint to the appropriate administrator to address the allegations. If the result of the initial assessment determines that the allegations may constitute Title IX sexual harassment, the individual conducting the assessment shall promptly explain to the

Complainant the process for filing a Formal Complaint and inform the Complainant of the continued availability of supportive measures with or without the filing of a Formal Complaint. If the Complainant does not wish to file a Formal Complaint, the applicable Title IX Coordinator shall inform the Complainant of other options available to them, as appropriate, and direct the report to the appropriate office or administrator to address the allegations under other Board policies, if applicable. The District is required to initiate the grievance process for Formal Complaints when a Complainant or the Complainant’s parent/guardian files a Formal Complaint. The applicable Title IX Coordinator is also authorized, but not required, to initiate this process despite a Complainant’s wishes when the applicable Title IX Coordinator determines it is not clearly unreasonable to initiate the Formal Complaint process against the Complainant’s wishes. Only

the applicable Title IX Coordinator is authorized to initiate the Formal Complaint process despite a complainant’s wishes, but the applicable Title IX Coordinator may consult with the Office of General Counsel (“OGC”) and other District officials in making this decision. A decision not to initiate the Formal Complaint process does not bar the District from investigating and resolving the complaint pursuant to the Code of Conduct or other Board policies or administrative procedures. B.2. Parental Notification If the Complainant or Respondent is a student, the Compliance Officer/Title IX Coordinator shall contact the parents/guardians of the Complainant and Respondent to provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for Formal Complaints. Page 7 of 20

If the Complainant, school staff, or others with professional knowledge relating to the Complainant’s health and well-being indicate that notifying the parents/guardians could cause serious harm to the health or well-being of the Complainant or other person(s), the Compliance Officer/Title IX Coordinator will determine, in consultation with such individuals and upon advice of OGC, whether to delay notification of the report from the Complainant’s parents/guardians until such time as it has been determined that the student’s safety is not at risk. B.3. Supportive Measures The applicable Title IX Coordinator, in conjunction with the building administrator or other appropriate District or school-based staff, shall determine what supportive measures may be offered to both the Complainant and the Respondent. Supportive measures shall be designed to restore or preserve equal access to the education

program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but are not limited to: 1. Counseling or Employee Assistance Program, 2. Extensions of deadlines or other course-related adjustments, 3. Modifications of work or class schedules, 4. Campus escort services, 5. Mutual restrictions on contact between the parties, 6. Changes in work or housing locations, 7. Leaves of absence, 8. Increased security measures or protocols, 9. Monitoring of certain areas of the campus, 10. Referrals to domestic violence or rape crisis programs, and 11. Referrals to community health resources including counseling resources. Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an Individualized Education Program

(“IEP”) or Section 504 Service Agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or Functional Behavioral Assessment (“FBA”), in accordance with applicable law, regulations, or Board policy. Supports may need to be changed to meet a student’s evolving needs and may span multiple school years. When any party is an identified student with a disability, or thought to be a student with a disability, the Compliance Officer/Title IX Coordinator shall notify the school’s Director of Special Education and coordinate to determine whether additional steps must be taken as supportive measures for the party while the Title IX procedures are implemented. Such measures may include, but are not limited to, conducting a manifestation determination, FBA, or other assessment or evaluation, in accordance with applicable law, regulations, or Board policy. FBAs

must be conducted when a student's behavior interferes with the student’s learning or the learning of others and information is necessary to provide appropriate educational programming, Page 8 of 20

and when a student's behavior violates the Code of Conduct and is determined to be a manifestation of a student's disability. B.4. Safety and Risk Analysis/Emergency Removal Nothing precludes the District from removing a Respondent from the education program or activity on an emergency basis, provided that the District undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student, employee, or other individual arising from the allegations of sexual harassment justifies removal, and provides the Respondent with appropriate notice and an opportunity to challenge the decision immediately following the removal in accordance with applicable Board policy or administrative procedures or collective bargaining agreements. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities

Act. If the Respondent is an identified student with a disability, or thought to be disabled, the Compliance Officer/Title IX Coordinator shall contact the school’s Director of Special Education to coordinate the required actions in accordance with Board policy. When expulsion of a student is necessary because continuation of educational services is not feasible, the Board’s written adjudication of expulsion shall address the pending Title IX process and the impact of the outcome of the Title IX process on a student’s emergency removal status. C. Disciplinary Procedures When Reports Allege Title IX Sexual Harassment When reports allege Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of this grievance process. The District shall presume that the Respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for Formal Complaints.

C.1. Discipline/Placement of Student Convicted or Adjudicated of Sexual Assault Upon notification of a conviction or adjudication of a student in the District for sexual assault against another student enrolled in the District, the District shall comply with the disciplinary or placement requirements established by state law and the Code of Conduct. D. Confidentiality All supportive measures provided by the District shall remain confidential, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. Page 9 of 20

Confidentiality regarding the identity of the individuals making a report or Formal Complaint, Complainant(s), Respondent(s), and witnesses shall be maintained, except as may be permitted by law or regulations relating to the conduct of any investigation. E. Reasonable Accommodations Throughout the Title IX sexual harassment procedures, the District shall make reasonable accommodations for identified physical and intellectual impairments that constitute disabilities for any party, and address barriers being experienced by disadvantaged students such as English learners and students experiencing homelessness, consistent with the requirements of federal and state laws and regulations and Board policy. F. Required Reporting Under Other Policies In addition to implementing the Title IX sexual harassment procedures, the applicable Title IX Coordinator shall ensure that reported conduct which meets the definition of other laws,

regulations, or Board policies is also appropriately reported in accordance with the applicable laws, regulations, or Board policies, including but not limited to, incidents under the Safe Schools Act, reports of educator misconduct, threats, or reports of suspected child abuse. G. Timeframes The established timeframes included in these procedures, below, may be adjusted to allow for a temporary delay or a limited extension of time for good cause. The applicable Title IX Coordinator shall provide written notice of the delay or extension and the reason for such action to the Complainant and the Respondent, and document such notice with the records of the complaint. Good cause may include, but is not limited to, considerations such as: 1. The absence or temporary unavailability of a party, a party’s advisor, or a witness; 2. Concurrent law enforcement activity; or 3. Need for language assistance or accommodation of disabilities. H. Dismissal and Redirection of Title IX Formal Complaints

The applicable Title IX Coordinator shall dismiss Formal Complaints, if at any time during the investigation or prior to the written determination it is determined that none of the allegations, even if true, would meet the definition and parameters of Title IX sexual harassment within the District’s jurisdiction. The applicable Title IX Coordinator may dismiss Formal Complaints, if at any time during the investigation or prior to the written determination: 1. A Complainant provides written notification of withdrawal of any allegations or of the Formal Complaint; 2. The Respondent is no longer enrolled or employed by the District in a District program or activity; or Page 10 of 20

3. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations. Regardless of dismissal as a Formal Complaint, if the matter merits review and possible action under the Code of Conduct, other Board policies, or administrative procedures, then the applicable Title IX Coordinator shall redirect the report to the appropriate individual to address the allegations. Appropriate individuals could include a principal or school administrator, central-office administrator, or contracted entity. Written notification shall be promptly issued by the applicable Title IX Coordinator to the parties simultaneously of any allegations found not to qualify or that are dismissed in compliance with Title IX. Written notification shall state whether the allegations will continue to be addressed pursuant to the Code of Conduct, other Board policies, or administrative procedures.

A dismissal may be appealed by either the Respondent or Complainant via the appeal procedures set forth below. I. Consolidation of Title IX Formal Complaints The Compliance Officer/Title IX Coordinator may consolidate Formal Complaints against more than one (1) Respondent, or by more than one (1) Complainant against one (1) or more Respondents, or by one (1) individual against another individual, where the allegations of sexual harassment arise out of the same facts or circumstances. II. Grievance Process for Formal Complaints A. Formal Complaint To file a Formal Complaint, a Complainant must provide the applicable Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants may file a Formal Complaint under this Policy only if they are currently participating in, or attempting to participate in, the education programs or activities of the District, including as an employee.

The District is required to initiate the grievance process for Formal Complaints when a Complainant files a Formal Complaint. The Title IX Formal Complaint Form shall be used to file or sign a Formal Complaint. The applicable Title IX Coordinator shall investigate the complaint or promptly assign the investigation to another appropriately trained individual.6 6 The applicable Title IX Coordinator, investigator, Decision-maker, and appeal Decision-maker must have completed the required training for such roles and shall not have a conflict of interest or bias for or against an individual Complainant or Respondent, or for or against Complainants or Respondents in general. Page 11 of 20

An employee Complainant who files a Formal Complaint may request, at any time, to address the matter through the District’s informal resolution process. B. Notice The applicable Title IX Coordinator shall provide written notice of a Formal Complaint to all known parties, and the parents/guardians of known parties, where applicable, providing the following information: 1. Notice of the District’s grievance process for Formal Complaints and any informal resolution process that may be available. 2. Notice of the allegations potentially constituting Title IX sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include: a. the identity of the parties involved, if known; b. the conduct allegedly constituting sexual harassment; and c. the date and location of the alleged incident(s), if known. 3. A statement that a written determination regarding responsibility shall be made at the

conclusion of the grievance process for Formal Complaints and, until that time, the Respondent is presumed not responsible for the alleged conduct. 4. Notice that parties may have an advisor of their choice, who may be, but is not required to be, an attorney. The advisor may inspect and review evidence. 5. Notice that Board policy, the Employee Code of Ethics, and the Code of Conduct7 prohibit knowingly making false statements or knowingly submitting false information to school officials in connection with reports of misconduct or discrimination complaints. 6. Notice of any additional allegations that the District decides to investigate during the course of the investigation. C. Investigation The designated investigator, if other than the applicable Title IX Coordinator, shall work with the applicable Title IX Coordinator to assess the scope of the investigation, who needs to be interviewed, and what records or evidence may be relevant to the investigation.

The Respondent shall be presumed not responsible for the alleged conduct until a written determination regarding responsibility has been made at the conclusion of the grievance process for Formal Complaints. The investigation stage shall be concluded within ninety (90) calendar days but the investigator shall strive to complete the investigation within thirty (30) calendar days whenever possible. The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including 7 The Employee Code of Ethics is available at https://www.philasd.org/schoolboard/policies/ Page 12 of 20

agreeing to request for a delay in fulfilling the District’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation and the reason for such delay shall be documented by the investigator. When investigating a Formal Complaint, the investigator shall: 1. Gather evidence and conduct interviews sufficient to reach a written determination. During the process of gathering evidence, unless the District obtains the voluntary, written consent of the party, or the party’s parent/guardian when legally required, the District cannot access, consider, disclose, or otherwise use, as part of the investigation, a party’s records which are protected by legal privilege, such as those records 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 providing treatment to the party. 2. Provide written notice to any individual whose participation is invited or expected during the investigation process with the following information, in sufficient time for the individual to prepare to participate: a. Date, b. Time, c. Location, d. Participants, and e. Purpose of all investigative interviews or other meetings. 3. Objectively evaluate all available evidence, including inculpatory and exculpatory evidence. 4. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. 5. Not restrict the ability of either party to discuss the allegations under investigation or to

gather and present relevant evidence. However, the District may request a nondisclosure agreement be signed by the parties and their advisor(s), if any, stating that they will not disseminate or disclose evidence and documents exchanged in the investigation. 6. Provide the parties with the same opportunities to have others present during any interview or other meeting, including an advisor of the party’s choice. The District may establish restrictions, applicable to both parties, regarding the extent to which the advisor may participate. 7. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations, including evidence the District does not intend to rely on to reach a determination regarding responsibility and any inculpatory and exculpatory evidence, whether obtained from a party or other source. C.1. New Allegations

If at any point the investigation expands to include additional allegations that were not included in the initial notice provided upon initiation of the grievance process for Formal Complaints, the investigator shall alert the applicable Title IX Coordinator. The applicable Title IX Coordinator Page 13 of 20

or assigned investigator shall provide written notice of the new allegations to the known parties. C.2 Simultaneous Investigations In the course of an investigation, it is possible that conduct other than, or in addition to, Title IX sexual harassment may be identified as part of the same incident or set of circumstances. The fact that there may be Title IX sexual harassment involved does not preclude the District from addressing other identified violations of the Code of Conduct, Employee Code of Ethics, or Board policy. If such other conduct is being investigated and addressed together with Title IX sexual harassment as part of the Title IX grievance process for Formal Complaints, disciplinary action normally should not be imposed until the completion of the Title IX grievance process for Formal Complaints. A decision whether and when to take such action should be made in consultation with OGC. C.3. Possible Violation of Criminal Law

If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator shall promptly notify the applicable Title IX Coordinator, who, if required by state law and regulations or the procedures set forth in the memorandum of understanding with local law enforcement, shall promptly inform law enforcement authorities about the allegations and make any additional required reports, in accordance with law, regulations, and Board policy. C.4. Investigative Report and Report Review Prior to finalizing the investigative report, the investigator shall: 1. Send to each party and the party’s advisor, if any, the draft investigative report and any evidence obtained as part of the investigation that is directly related to the allegations, subject to inspection and review, in electronic or hard copy format; 2. Provide the parties at least ten (10) calendar days following receipt of the draft report and evidence to submit a written response; and

3. Consider the written response and incorporate any relevant additional information or comments into the investigative report prior to finalizing the report. Once the report is finalized, the investigator shall provide the investigative report to all parties and to the designated Decision-maker. D. Written Determination and District Action D.1. Designation of Decision-Maker To avoid any conflict of interest or bias, the Decision-maker cannot be the same person as the applicable Title IX Coordinator or the investigator. The responsibility as the Decision-maker for complaints of Title IX sexual harassment shall be determined by the applicable Title IX Coordinator on a case by case basis. If the assigned Decision-maker has a conflict of interest or Page 14 of 20

is a party in the Formal Complaint process, they shall disclose the conflict and the applicable Title IX Coordinator shall designate another individual to serve as the Decision-maker. D.2. Submissions for Written Determination Before the Decision-maker reaches a written determination of responsibility (“Determination”), the Decision-maker shall afford each party the opportunity to submit written, relevant questions that a party wants to be asked of any party or witness, shall provide each party with the answers, and shall allow for additional, limited follow-up questions from each party. Therefore, a Determination must not be finalized less than fourteen (14) days after the investigator completes the investigative report and provides it to all parties. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant as part of the follow-up questions and responses, 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 may determine that a question is not relevant and shall explain to the party proposing the question their reasoning for any decision to exclude a question as not relevant. Relevant questions for a party or witness must be submitted by each party within seven (7) calendar days following receipt of the investigative report. Follow-up questions must be submitted by each party within seven (7) calendar days of being provided the answers to the initial questions. D.3. Written Determination The Decision-maker must issue a Determination for the conduct alleged in Formal Complaints.

To reach this Determination, the Decision-maker shall apply the preponderance of the evidence standard, meaning that the decision-maker must find that it is more probable than not that the alleged conduct occurred and constitutes Title IX sexual harassment. In considering evidence, the Decision-maker shall ensure credibility determinations are not based on an individual’s status as a Complainant, Respondent, or witness. After considering all relevant evidence, the Decision-maker shall issue a Determination in writing that includes: 1. Identification of the allegations potentially constituting Title IX sexual harassment. 2. A description of the procedural steps taken from the receipt or signing of the Formal Complaint through to 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. Page 15 of 20

4. Conclusions regarding the application of the Code of Conduct or Board policies to the facts. 5. A statement of, and rationale for, the result as to each allegation, including: a. Determination regarding responsibility. b. Recommended disciplinary sanctions. c. Remedies designed to restore or preserve equal access to the District’s education program or activity that will be provided by the District to the Complainant. Such remedies may be punitive or disciplinary and need not avoid burdening the Respondent. 6. The procedures, deadline, and permissible bases for the Complainant and Respondent to appeal. The Determination shall be provided to the parties simultaneously. The Determination becomes final either: 1. On the date that the District provides the parties with the written decision of the result of the appeal, if an appeal is filed; 2. Or, if an appeal is not filed, on the date on which an appeal would no longer be

considered timely, in accordance with the timeframe established for appeals set forth below. The applicable Title IX Coordinator or designee shall be responsible to ensure that any remedies are implemented by the appropriate District officials and for following up as needed to assess the effectiveness of such remedies. Disciplinary actions, including a recommendation of disciplinary transfer or expulsion, shall be consistent with the Code of Conduct, Board policies and administrative procedures, applicable collective bargaining agreements, and state and federal laws and regulations, including specific requirements and provisions for students with disabilities. Employees shall be subject to appropriate disciplinary action consistent with the applicable Board policy, collective bargaining agreements, and individual contracts, up to and including dismissal and/or referral to law enforcement officials. IEP Team/Section 504 Team Notification

If a complaint is substantiated and either the Respondent or the Complainant is a student with a disability who has an Individualized Education Plan (“IEP”) or a Section 504 Plan, the principal or bullying designee must notify the student’s IEP Team or Section 504 Team. The appropriate team must convene to make a determination of whether and how the student’s IEP or 504 plan should be amended and the extent to which additional or different services or evaluations are needed and ensure that any needed changes are made promptly. If a change of placement is considered, Section 504 or IEP services must be provided in an educational setting with persons who do not have disabilities to the maximum extent appropriate to the needs of the student with a disability. Page 16 of 20

E. Appeals Complainants and Respondents have the right to appeal a Determination and the right to appeal the District’s dismissal of a Title IX Formal Complaint or dismissal of any allegation in the Title IX Formal Complaint. Written notice of an appeal shall be submitted to the applicable Title IX Coordinator within fifteen (15) calendar days after the date of the Determination. Students should send appeals to antiharassment@philasd.org, and employees should send appeals to employeerelations@philasd.org, using the Notice of Appeal form referenced in the Determination Letter. Regardless of form, an appeal is required to include a brief statement describing the basis for the appeal, which is limited to the following reasons as stated in the Title IX regulations: 1. A procedural irregularity that affected the outcome of the matter; 2. New evidence that could affect the outcome was not reasonably available at the time the decision to dismiss or Determination was made; or

3. The applicable Title IX Coordinator, investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against the individual Complainant or Respondent or for or against Complainants or Respondents generally that affected the outcome of the matter. The applicable Title IX Coordinator shall forward the appeal for review and processing to the Appeal Decision-maker. If the assigned Appeal Decision-maker has a conflict of interest, they shall disclose the conflict and the applicableTitle IX Coordinator shall designate another Appeal Decision-maker. The Appeal Decision-maker shall provide written notice to the other party when Notice of Appeal is filed and implement appeal procedures equally for both parties as follows. Statements in support of the stated basis for the appeal must be submitted to the Appeal Decision-maker within seven (7) calendar days of the written notice of appeal. All responses and appeals will be shared with all parties.

Statements in opposition to the appeal shall be submitted within seven (7) calendar days of the submission of the statement in support. The Appeal Decision-maker shall determine whether the appeal meets the grounds for permitted reasons for appeal and if so, justifies modifying the written determination. Within twenty-one (21) calendar days of receipt of the appeal, the Appeal Decision-maker shall issue a written decision denying the appeal or setting forth the respects in which the written determination is modified and the rationale. The written decision shall be provided simultaneously to both parties as well as to the applicable Title IX Coordinator. F. Disciplinary Action Page 17 of 20

Following the issuance of the written determination and any applicable appeal, any disciplinary action specified in the written determination or appeal decision shall be implemented in accordance with the normal procedures for suspensions, expulsions, terminations, or other disciplinary actions, including specific provisions to address a student with a disability, where applicable. An employee who violates this policy shall be subject to appropriate disciplinary action consistent with the applicable Board policy, collective bargaining agreement, and individual contract, up to and including dismissal and/or referral to law enforcement officials. III. Title IX Sexual Harassment Training Requirements The Compliance Officer/Title IX Coordinator, Deputy, Employee & Labor Relations, investigator(s), decision-maker(s), and any individual designated to facilitate an informal resolution process related to Title IX sexual harassment shall receive the following training, as

required or appropriate to their specific role: 1. Definition of sexual harassment; 2. Scope of the District’s education program or activity, as it pertains to what is subject to Title IX regulations; 3. How to conduct an investigation and grievance process for formal complaints, including examination of evidence, drafting written determinations, handling appeals, and informal resolution processes, as applicable; 4. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; 5. Use of relevant technology; 6. Issues of relevance including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant; 7. Issues of relevance, weight of evidence, and application of standard of proof and drafting investigative reports that fairly summarize relevant evidence; and 8. How to address complaints when the alleged conduct does not qualify as Title IX sexual

harassment but could be addressed under another complaint process or Board policy. All training materials shall promote impartial investigations and adjudications of formal complaints of Title IX sexual harassment without relying on sex, sexual orientation and gender identity stereotypes. IV. Recordkeeping The District shall maintain the following records for a minimum of seven (7) years after conclusion of procedures and implementation of disciplinary sanctions and/or remedies, or in the case of a Complainant or Respondent who is a minor, until the expiration of the longest statute of limitations for filing a civil suit applicable to any allegation: 1. Each Title IX sexual harassment investigation, including any written determination and any audio or audiovisual recording or transcript, and disciplinary sanctions imposed on Page 18 of 20

the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the District’s education program or activity; 2. Any appeal filings and the result; 3. Any records related to an informal resolution and the result; 4. All materials used to train the applicable Title IX Coordinator, investigators, Decision-makers, and any person who facilitates an informal resolution process; and 5. Records of any District actions, including any supportive measures, taken in response to a report or Formal Complaint of Title IX sexual harassment. a. In each instance, the District shall document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. b. If the District does not provide a Complainant with supportive measures, then the District must document the reasons why such a response was not clearly

unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken. Related References: 1. Policy 102 - Multiracial, Multicultural, and Gender Education 2. Policy 103 - Nondiscrimination in School and Classroom Practices 3. Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities-Protected Handicapped Students 4. Policy 248 - Harassment and Discrimination of Students 5. Policy 348 - Harassment and Discrimination of Eemeregemployees 6. Policy 806 - Child Abuse 7. Policy 805.1 - Relations with Law Enforcement 8. Policy 317 - Employee Misconduct and Reporting Requirements 9. Policy 113 - Special Education 10. Policy 113.1 - Discipline of Students with Disabilities 11. Policy 113.2 - Behavior Support 12. Policy 113.3 - Screening and Evaluations for Students with Disabilities

13. Policy 104 - Nondiscrimination in Employment Practices 14. Policy 218 - Student Conduct and Discipline 15. Policy 234 - Pregnant/Parenting/Married Students 16. Policy 247 - Hazing 17. Policy 249 - Bullying/Cyberbullying 18. Policy 252 - Transgender and Gender Non-conforming Students 19. Policy 348 - Harassment and Discrimination of Employees 20. Policy 906 - Addressing Student and Constituent Concerns 21. Policy 233 - Suspension and Expulsion 22. 24 P.S. 1318.1 23. Policy 138 - English Language Development/Bilingual Education Program 24. Policy 251 - Students Experiencing Homelessness Page 19 of 20

25. Policy 824 - Maintaining Professional Adult/Student Boundaries 26. Policy 113.4 - Confidentiality of Special Education Information 27. Policy 207 - Confidential Communications of Students 28. Policy 216 - Student Records 29. Policy 805 - Emergency Preparedness 30. Policy 300 - Employee Code of Ethics Page 20 of 20

THE SCHOOL DISTRICT OF PHILADELPHIA No. 313 SECTION: 300 Employees TITLE: Policy 313 - Evaluation of Professional Employees ADOPTED: April 27, 1981 REVISED: May 18, 2017 POLICY 313 - EVALUATION OF PROFESSIONAL EMPLOYEES Purpose The Board of Education (“Board”) is committed to giving each student what they need to reach their fullest potential, including access to employees who are regularly evaluated on their job performance and given the opportunity to grow professionally. Evaluation is a continuing process in which the administrative, professional, and support employees and the respective supervisors cooperatively identify strengths and weaknesses in an individual's job performance. The purpose of this policy is to define the process by which the School District of Philadelphia (“District”) will evaluate Professional Employees and Temporary Professional Employees. These Eevaluations shall be used to assess and improve

performance, encourage professional growth, promote positive behavior, and facilitate attainment of dDistrict goals and objectives. Definitions Professional Employee: A professional employee is 1) a classroom teacher who provides direct instruction to students related to a specific subject or grade level, 2) a non-teaching professional who provides services other than classroom instruction or is an educational specialist, and 3) principals, assistant principals, vice principals, directors of career and technical education and supervisors of special education. [2] Temporary Professional Employee: Non-tenured classroom teachers or non-tenured non-teaching professionals. [2] Authority As required by the Pennsylvania Public School Code, the Board The School Reform Commission shall approve plans for regular, periodic evaluations of administrative, pProfessional and support eEmployees and Temporary Professional Employees, as defined by the Pennsylvania Public School Code, consistent

with law, applicable administrative compensation plans, individual contracts, collective bargaining agreements, and SRC Board resolutions. Central office administrative staff are not covered by this policy. [1][2] Delegation of Responsibility The Board directs the Superintendent or their designee shall to develop plans for the evaluation of district Professional Employees and Temporary Professional Employees and shall to review ensure the at evaluation plans are reviewed periodically and updated as necessary. Evaluations shall be performed by the Superintendent or by an assistant administrator, supervisor, or principal who has supervision over the work of the employee being evaluated and is designated by the Superintendent to perform the evaluation. Mandatory Regulatory Procedures: Evaluation plans shall:

1. Be clear and unambiguous in intent and language.; 2. Establish objectively reasonable standards.; 3. Apply in a consistent and uniform manner to all employees in the same class.; and 4. Place emphasis on the identification and development of the knowledge, skills, and attitudes which improve employee competency. Ratings shall be performed by or under the supervision of the chief school administrator or, if so directed by the chief school administrator, by an assistant administrator, a supervisor, or a principal who has supervision over the work of the Professional Employee or Temporary Professional Employee being rated, except that no unsatisfactory rating shall be valid unless approved by the chief school administrator. [3] Efforts shall be made to involve the employee in developing specific performance goals and methods for attaining such goals, to the greatest extent possible. Findings of an evaluation shall be objective and shall cite observable and verifiable data.

The evaluation plan for pProfessional Eemployees and Ttemporary Pprofessional Eemployees shall comply with the law and utilize the appropriate state-approved rating form or an alternative rating tool approved by the SRC Board and the Pennsylvania Department of Education. [1][2][4] All completed evaluation materials shall be confidential and disclosed only as the law may provide permits. [5] [6][7] Legal References: 1. 24 P.S. 11-1108 2. 24 P.S. § 11-1101 3. 24 P.S. 11-1138.9 4. 24 P.S. 11-1138.7 5. 65 P.S. § § 67.101—67.3104 6. 43 P.S. §1331, et seq. 7. Policy 234 - Personnel Files 24 P.S. 11-1123 Related Information: 24 P.S. 1122 Philadelphia Home Rule Charter - 12-300 Recommendation: N/A Administrative Procedures:

THE SCHOOL DISTRICT OF PHILADELPHIA No. 348 SECTION: 300 Employees TITLE: Policy 348 - Harassment and Discrimination - Employees ADOPTED: October 15, 1996 REVISED: March 15, 2018 POLICY 348 - HARASSMENT AND DISCRIMINATION - EMPLOYEES Purpose The School Reform Commission Board of Education (“Board”) is committed strives to provideing a safe, positive working climate for its administrative, professional and support employees. Therefore, it shall be the The purpose of this policy is to require of the dDistrict to maintain an work employment environment in which harassment or sex and discrimination in any form is not tolerated and to establish procedures for handling reports of harassment and discrimination. Definitions For purposes of this policy, terms are defined as follows: Discrimination: To treat individuals differently or to harass or victimize based on one or more known or perceived protected classifications including race, color, ethnicity, age, religion, sex, sexual orientation,

gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class. [1][2][3][4][5][6][7][8][9][10][11][12] Harassment: A form of discrimination based on an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification consisting of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, sexual misconduct, or other conduct that may be

harmful or humiliating or interfere with a person’s work performance, including when: [9] 1. Submission to such conduct is made explicitly or implicitly a term or condition of an employee’s status; or 2. Submission to or rejection of such conduct is used as the basis for employment-related decisions affecting an employee; or 3. Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance at work or otherwise creates an intimidating, hostile, or offensive working environment such that it alters the complainant’s working conditions. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, an individual may be targeted because of their race and sexual orientation.

For purposes of this policy, harassment shall consist of verbal, nonverbal, written, graphic, or physical conduct relating to an individual's race, color national origin/ethnicity, sex, age, disability, sexual orientation religion or gender information when such conduct:[4][5]

1. Is severe, persistent or pervasive enough that it affects an individual's ability to perform job functions or creates an intimidating, threatening or abusive work environment. 2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance. 3. Otherwise adversely affects an individual's employment opportunities. For the purposes of this policy, sexual discrimination is unequal treatment of any person on the basis of sex unless expressly authorized by statute or regulation. Sexual discrimination may include sexual harassment, sexual violence and sexual assault. For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, nonverbal, written, graphic or physical conduct of a sexual nature when:[6] 1. Acceptance of such conduct is made, explicitly or implicitly, a term or condition of an individual's continued employment.

2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual. 3. Such conduct is severe, persistent or pervasive enough that it has the purpose or effect of substantially interfering with the employee's job performance or creating an intimidating, hostile or offensive work environment. Examples of sexual harassment, as defined above, include but are not limited to, sexual propositions; touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating others as to sexual activity or performance; circulating or showing emails or websites of a sexual nature. For purposes of this policy, the term sexual harassment includes sexual assault and sexual violence. Sexual violence

refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent.[2] [7] Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following: [18] ? A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual 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 a District education program or activity; or ? Sexual assault, dating violence, domestic violence, or stalking. Examples of conduct on the basis of sex or gender, include but are not limited to sexual propositions; touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings,

pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating other students as to sexual activity or performance; and circulating or showing emails or websites of a sexual nature. Authority As required by federal, state, and local laws and regulations, the Board shall provide for an equal opportunity for all employees and prohibits discrimination in the workplace, including harassment which is a form of discrimination, on the basis of race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. [1][2][3][4][5][6][7][8][9][10][11][12] The Board also declares it to be the policy of this District to comply with federal law and regulations under

Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the District may be referred to the Office of Employee and Labor Relations, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

The SRC prohibits all forms of harassment and sex discrimination (including sexual harassment, sexual assault and sexual violence) of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The SRC encourages employees and third parties who have been harassed or discriminated against to promptly report such incidents to the designated administrators.[1][2][3][4] [5][6] While harassment and sex discrimination will not be tolerated by any employee, supervisors shall be held to the highest of conduct standards and shall be subject to a higher level of discipline when engaging in harassment or sex discrimination. The SRC directs that complaints of harassment or sex discrimination shall be investigated promptly, and corrective action taken when allegations are substantiated, in accordance with the provisions of any applicable collective bargaining agreement and state and federal laws.

Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. Only those with a "need to know" will be apprised of the complaint, and staff participants in the complaint process shall be informed of their duty of confidentiality to the process as well. The basic rights of all concerned shall be respected at all times. No reprisals nor retaliation shall occur as a result of good faith charges of violation of this policy or participation in an investigation. Delegation of Responsibility In order to maintain a work environment that discourages and prohibits harassment and sex discrimination, the SRC Board directs the Superintendent or their designee in the Office of Talent to ensure this policy is consistently enforced. the Chief Talent Officer as the district’s Title IX Deputy Coordinator relating to employees and third parties. The Compliance Officer/Title IX Coordinator can be contacted at: Deputy, Employee & Labor Relations

440 N. Broad Street Philadelphia PA 19130 215-400-4600 employeetitleIXcomplaints@philasd.org The Title IX Deputy Coordinator shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number and email address of the Title IX Deputy Coordinator(s). Chief Talent Officer/Title IX Deputy Coordinator 440 N. Broad Street Philadelphia PA 19130 215-400-4600 employeetitleIXcomplaints@philasd.org The administration shall be responsible to provide training for students and district employees regarding harassment and sex discrimination and the district’s policy prohibiting harassment and sex discrimination, including procedures for the filing and investigation into complaints. The Superintendent or designee shall develop Administrative Procedures/Complaint Procedures to implement this

policy. The Board directs the Superintendent or their designee, through the Office of Talent, to develop administrative procedures to implement this policy, including timeframes for the conclusion of the complaint

processes. [20][21] Each employee shall be responsible to maintain a working environment free from all forms of harassment and sex discrimination. Any supervisor employee who receives a harassment or sex discrimination complaint regarding conduct that is a violation of this policy or who witnesses or who has reason to believe such action conduct has or is occurring shall immediately report such conduct to the Office of Employee & Labor Relations in accordance with this Policy and its Administrative Procedures. refer to SRC policy and the procedures for processing harassment or sex discrimination complaints. The building principal/immediate supervisor or designee shall be responsible to complete the following duties when receiving a complaint pursuant to this policy: 1. Inform the employee or third party of the right to file a complaint and the Complaint Procedure. 2. Notify the complainant and the accused of the progress at appropriate stages of the procedure.

3. Refer the complainant to the Title IX Deputy Coordinator(s) if the building principal/immediate supervisor is the subject of the complaint. 4. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation. The Office of Employee and Labor Relations shall fulfill designated responsibilities, ensure adequate nondiscrimination procedures are in place, and recommend new procedures or modifications to procedures, as well as the following: 1. Publish and disseminate this policy and related procedures and post a notice of nondiscrimination as required by applicable law. 2. Coordinate the provision of training for staff to identify, investigate, and alleviate problems of discrimination and harassment, including sexual harassment. [22] 3. Monitor and provide technical assistance to individuals involved in managing complaints. 4. Maintain and provide information to staff on resources available to complainants in addition to the

complaint procedure. Mandatory Regulatory Procedures: The Board prohibits all forms of harassment and discrimination of employees and third parties by all District students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The District seeks to recruit, hire, and place into available jobs the most qualified persons and to administer personnel matters such as compensation; benefits; promotion; transfer; training; layoffs; discipline; and termination in accordance with law and Board policy. This policy applies to employees, contractors, interns, volunteers, and third parties in connection with all the academic, educational, extracurricular, athletic, and other programs or operations of the District, whether those programs take place in a District facility, on a school bus, in transit to and from a school or other District facility, at a class or training program sponsored by the District at another location, or

elsewhere. The policy also may apply to any off-duty conduct that impacts the workplace. The Board directs that complaints of harassment or discrimination shall be investigated promptly, and corrective action taken when allegations are substantiated, in accordance with this Policy and Administrative Procedures, the provisions of any applicable collective bargaining agreement, and state and federal laws. Upon receipt of a complaint, the Office of Employee & Labor Relations shall conduct an assessment to determine the appropriate process for handling the complaint. If the reported circumstances, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the report shall be addressed through Administrative Procedure B: Title IX Sexual Harassment. All other complaints of harassment or discrimination shall be addressed through Administrative Procedure A: Harassment and Discrimination -

Employees. Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of harassment or discrimination, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations. [13][14][15][16][17] The basic rights of all concerned shall be respected at all times. All parties will be treated with dignity and due process. Retaliation The Board prohibits retaliation by the District or any other person against any person for: [16] ? Reporting or making a formal complaint of any form of harassment, discrimination, or retaliation, including Title IX sexual harassment; ? Testifying, assisting, or participating in a related investigation, process, or other proceeding or hearing; or

? Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Office of Employee and Labor Relations immediately if retaliation is believed to have occurred. Disciplinary Consequences Violations of this policy, including acts of retaliation, may result in disciplinary consequences, up to and including termination, or other corrective actions, under applicable Board policy and procedures, or applicable collective bargaining agreements. [22][23][24] Employee Code of Ethics Each employee shall be responsible to respect the rights of their fellow employees, third parties, and District students and to conduct themselves in a manner free from all forms of harassment and discrimination. [25] Accommodations

The District shall make reasonable accommodations for qualified individuals with a disability consistent with the requirements of federal and state laws and regulations. Additionally, the District shall make reasonable accommodations for sincerely held religious beliefs consistent with the requirements of federal and state laws and regulations. [1][2][3][4][5][6][7][8][9][10][11] Legal References: 1. 1. 43 P.S. 336.3 2. 2. 43 P.S. 951 et seq 3. 3. 34 CFR Part 106 4. 20 U.S.C. 1681 et seq 5. 29 U.S.C. 206 6. 29 U.S.C. 621 et seq 7. 29 U.S.C. 794 8. 42 U.S.C. 1981 et seq 9. 42 U.S.C. 2000e et seq 10. 42 U.S.C. 2000ff et seq 11. 42 U.S.C. 12101 et seq 12. U.S. Const. Amend. XIV, Equal Protection Clause 13. 20 U.S.C. 1232g 14. 34 CFR 106.44 15. 34 CFR 106.45 16. 34 CFR 106.71

17. 34 CFR Part 99 18. 34 CFR 106.30 19. 34 U.S.C. 12291 20. 20 U.S.C. 1092 21. 34 CFR 106.8 22. Policy 317 - Employee Conduct and Reporting Requirements 23. Policy 806 - Child Abuse 24. Policy 824 - Maintaining Professional Adult/Student Boundaries 25. Policy 300 - Employee Code of Ethics Related Information: 16 PA Code 44.1 et seq 18 Pa. C.S.A. 2709 28 CFR 35.140 28 CFR Part 41 29 CFR Parts 1600-1691 Administrative Procedures: 348 Procedure A 348 Procedure B

Effective: Administrative Procedure A: Harassment and Discrimination - Employees (Attachment for Policy No. 348) Purpose The School District of Philadelphia (“District”) is committed to providing a safe, positive working climate for its employees. The purpose of these procedures is to establish the process to be utilized when a complaint of harassment or discrimination of an employee is reported. While the nature of an individual claim may range in severity or impact, the goal is to ensure the process is clear to all employees. An employee or third party may utilize either the informal or formal complaint procedure. Definitions Discrimination: To treat individuals differently or to harass or victimize based on one or more known or perceived protected classifications including race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin,

marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class Harassment: A form of discrimination based on an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification consisting of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, sexual misconduct, or other conduct that may be harmful or humiliating or interfere with a person’s work performance, including when:

Submission to such conduct is made explicitly or implicitly a term or condition of an employee’s status; or a. Submission to or rejection of such conduct is used as the basis for employment-related decisions affecting an employee; or b. Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance at work or otherwise creates an intimidating, hostile, or offensive working environment such that it alters the complainant’s working conditions. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, an individual may be targeted because of their race and sexual orientation. Page 1 of 6

Effective: Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following: ● A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual 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 a District education program or activity; or ● Sexual assault, dating violence, domestic violence, or stalking. Informal Resolution: Informal Resolution may encompass a broad range of conflict resolution strategies including, but not limited to, formal mediation or a facilitated discussion between the parties, or targeted or broad-based educational programming or training. Procedures Formal Complaint Procedure – Employee/Third Party Step 1 – Reporting

An employee or third party who believes s/he has they have been subject to conduct by any employee or third party that constitutes a violation of Policy 348 is encouraged to immediately report the incident in one of the following ways: 1. Complete the Employee Discrimination and/or Harassment Reporting Form;1 2. Email employeetitleIXcomplaints@philasd.org; or 3. Report the conduct to their building principal or /immediate supervisor.2 If the building principal/immediate supervisor is the subject of a complaint, the employee or third party shall report the incident directly to the Title IX Deputy Coordinator. Retaliation against any person for filing a complaint, testifying, participating or assisting in an investigation, or opposing practices the person reasonably believes to be discriminatory is prohibited. However, employees who knowingly make a false complaint may be subject to disciplinary action, up to and including possible discharge.

Principals/immediate supervisors who receive complaints shall encourage the complainant to submit the complaint via the Reporting Form. The principal/immediate supervisor also 2 If the building principal/immediate supervisor is the subject of a complaint, the employee or third party shall report the incident directly to Office of Talent via the Employee Discrimination and/or Harassment Reporting Form or by email to employeetitleIXcomplaints@philasd.org 1 The Employee Discrimination and/or Harassment Reporting Form is available at https://www.philasd.org/employeerelations/forms/employee-discrimination-and-harassment-reporting-and-investigat ion-form/ Page 2 of 6

Effective: shall notify the Deputy, Employee & Labor Relations and provide all relevant details of the complaint (name of complainant, respondent, witnesses and any known facts). If the building principal/immediate supervisor is unable to conduct the investigation, the employee or third party shall report the incident directly to the Title IX Deputy Coordinator. Step 2 - Initial Assessment Employee respondent: Upon receiving a written complaint of alleged unlawful harassment or sex discrimination by an employee, the building principal/immediate supervisor shall immediately notify the Title IX Deputy Coordinator(s). Tthe Deputy, Employee & Labor RelationsTitle IX Deputy Coordinator(s) shall assign an investigator to conduct an initial assessment as follows: authorize the building principal/immediate supervisor to investigate the complaint, unless the building principal/immediate supervisor is the subject of the complaint or is unable to conduct the investigation.

a. If the alleged conduct, if proved, would constitute harassment or discrimination in violation of Policy 348 the investigator shall conduct an investigation in accordance with Step 3 below. b. If the alleged conduct, if proved, would not constitute harassment or discrimination in violation of Policy 348, the investigator shall: i. Refer the complaint to the respondent’s supervisor, or another individual, as appropriate, for investigation in accordance with an applicable Board policy and/or Collective Bargaining Agreement, for example Policy 300 - Employee Code of Ethics or Policy 316 - Staff Use of Social Media and Electronic Communications; or ii. Offer the complainant the option to pursue an informal complaint process. Third party respondent: If the respondent is a third party, the Deputy, Employee & Labor Relations shall make a determination as to how to proceed. Student respondent: If the respondent is a student, the Deputy, Employee & Labor

Relations shall refer the complaint for investigation to the Compliance Officer/Title IX Coordinator pursuant to Policy 248 - Harassment of Students or other applicable policy. Informal Complaint Procedure The Informal Complaint Procedure may be utilized in cases where conduct may be offensive, but does not on its face rise to the level of a policy violation, and the complainant wishes for the conduct to be addressed, or in cases where the Ccomplainant does not wish to utilize the Formal Complaint Procedure and the Informal Complaint Procedure is deemed appropriate by the Deputy, Employee & Labor Relations. In such cases, the investigator may recommend or the complainant may request an Informal Resolution, either through their supervisor or through the Office of Employee Relations notify the offending party directly, but is not required to do so. The employee or third party may also request a supervisor to intervene by notifying the alleged

offender that the specific offensive behavior(s) will not be tolerated in the workplace. In such case, the supervisor must discuss the matter with the alleged offender. The respondent has the Page 3 of 6

Effective: right to refuse or disengage in the Informal Complaint Procedure at any time. Copies will also be forwarded to the Law Department of the School District of Philadelphia. The accused shall have the right of representation during his/her interview with the supervisor as required by the applicable collective bargaining agreement. If the complainant is not satisfied with the result of the iInformal Complaint pProcedure, s/he they may submit a formal complaint in accordance with this or another applicable policy. Step 3 – Investigation Upon receiving a written complaint of unlawful harassment or sex discrimination, the building principal/immediate supervisor shall immediately notify the Title IX Deputy Coordinator(s). The Title IX Deputy Coordinator(s) shall authorize the building principal/immediate supervisor to investigate the complaint, unless the building principal/immediate supervisor is the subject of the complaint or is unable to conduct the investigation.

The building principal or investigative officer investigator shall conduct an adequate, reliable and impartial investigation and shall provide the opportunity for each party the opportunity to present witnesses and other evidence. Title IX prohibits retaliation against any individual who files a complaint under Title IX or participates in a complaint investigation. The investigation may consist of individual interviews with the complainant, the respondent accused, and others with knowledge relative relevant to the complaint incident. The investigator may also consider evaluate any other information and materials relevant to the investigation. The investigator shall attempt to secure statements from all participants in and witnesses to the complaint. The accused respondent shall have the right of representation during his/her their interview as if required by the applicable collective bargaining agreement. or district practice.

The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded, unless particular procedural steps would directly impede a criminal investigation. The investigator should coordinate with any other ongoing school or criminal investigations of the incident. The District will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the school community and the avoidance of retaliation. The failure of the accused or any witness to participate in the investigation into a written complaint shall may be grounds for discipline, up to and including possible discharge for cause. All investigations shall be completed by the assigned investigator within sixty thirty (3060) days from the filing date of the complaint. Extenuating circumstances for not being able to comply

with the deadline must be approved by the Deputy, Employee & Labor Relations or designeeTitle IX Deputy Coordinator(s). The extension must be for a specified reasonable period of time, given the circumstances not exceeding twenty-five (25) days, and must be communicated to the complainant and the respondent. Page 4 of 6

Effective: Step 4 – Investigative Report The investigator building principal/immediate supervisor shall prepare and submit a written report to the Deputy, Employee & Labor Relations Title IX Deputy Coordinator(s), which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether the investigation revealed a it is a violation of this or any Board policy, the rationale basis for the determination, and a recommendation that the respondent’s supervisor take appropriate corrective action, and a recommended disposition of the complaint. The complainant and the respondent accused shall be provided written notice of the outcome of the investigation, including a summary of the investigation and the determination.the recommended disposition of the complaint. The accused shall not be notified of the individual remedies offered or provided to the complainant. Step 5 – District Action

If the investigation results in a finding that the complaint is substantiated factual and constitutes a violation of this a Board policy, the investigation report is issued to the manager, who shall take prompt action to address the conduct through the disciplinary process. ensure that such conduct ceases. The district shall take steps to prevent the recurrence of prohibited conduct and to remedy the discriminatory effect on the victim or complainant and others, if appropriate. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. Disciplinary actions shall be consistent with SRC policies, administrative procedures, applicable collective bargaining agreements, and state and federal laws and may include counseling, suspension, reassignment, or termination. The corrective action may include, but is not limited to, appropriate supports and interventions for complainants. students and who are either victims

or perpetrators or improper conduct, in accordance with District services and programs, which may include Tier II and II or Response to Instruction and Intervention (RtII); Positive Behavior Interventions & Supports (PBIS); Student Assistance Program (SAP); counseling services; parent meetings; referrals to appropriate resources outside of the District; student discipline pursuant to the Code of Student Conduct; The corrective action may also include, but is not limited to, employee discipline in accordance with any applicable collective bargaining agreement or contract, including but not limited to counseling, suspension, expulsion. Disciplinary actions shall be consistent with SRC Board policies, administrative procedures, applicable collective bargaining agreements, and state and federal laws, and may includinge counseling, suspension, reassignment, or termination. The District shall take steps to prevent the recurrence of prohibited conduct and to remedy

the effect of the conduct on the complainant and others, if appropriate. District staff shall document the corrective action taken. Page 5 of 6

Effective: If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to disciplinary action, up to and including possible discharge. [11] Appeal Procedure 1. If the complainant or accused is not satisfied with a finding of no violation of the policy or with the recommended corrective action, s/he may submit a written appeal to the Title IX Deputy Coordinator(s) within fifteen (15) days of her/his receipt of written notice of final disposition/action taken. The appeal will be conducted in an impartial manner by an impartial decision-maker. 2. The Title IX Deputy Coordinator(s) shall review the investigation and the investigative report and may also conduct a reasonable investigation. 3. The Title IX Deputy Coordinator(s) shall prepare a written response to the appeal within fifteen (15) days. This time period may be extended by the Title IX Deputy

Coordinator(s) under circumstances where winter, spring, or summer break coincides with the investigatory period or for other reasonable cause. Copies of the response shall be provided to the complainant, the accused and the building principal/immediate supervisor who conducted the initial investigation. The name and contact information for the District’s Deputy, Employee & Labor Relations Title IX Deputy Coordinator for inquiries related to Policy 348 is: Michelle Chapman Deputy, Employee & Labor Relations Chief Talent Officer 440 N. Broad Street Philadelphia PA 19130 215-400-4600 Page 6 of 6

Effective: Administrative Procedure B: Title IX Sexual Harassment (Attachment for Policies 248 and 348) _____________________________________________________________________________ The Title IX sexual harassment procedures and grievance process for formal complaints prescribed in this document apply only when the Compliance Officer/Title IX Coordinator or Employee Title IX Coordinator determines that a report or complaint includes allegations of Title IX sexual harassment subject to Title IX regulations. All other reports or complaints of discrimination, harassment, or retaliation, other than Title IX sexual harassment, shall follow the complaint process established in the relevant policy and its administrative procedures and its administrative procedures. [1][2][3][4][5] _________________________________________________________________________ Purpose The School District of Philadelphia (“District”) is committed to maintaining schools that are

spaces with inclusive climates and that support the social, emotional, and mental health of all students and staff. The purpose of these procedures is to maintain an educational environment in which Title IX sexual harassment, which is a form of discrimination, is not tolerated and to establish procedures for handling reports of Title IX sexual harassment. Definitions For purposes of these procedures, terms are defined as follows: Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to the District’s Compliance Officer/Title IX Coordinator or to any employee, other than the Respondent. Complainant: Any individual who is alleged to be the victim of Title IX sexual harassment. Disciplinary transfer: Transfer of student made pursuant to a disciplinary hearing or recommendation of the Decision-maker pursuant to the Title IX grievance procedure. Exculpatory evidence: Evidence tending to exonerate the Respondent or help to establish their innocence.

Formal complaint: A document filed by a Complainant or signed by the applicable Title IX Coordinator alleging Title IX sexual harassment and requesting that the District investigate the allegation. The authority for the applicable Title IX Coordinator to sign a formal complaint does not make the applicable Title IX Coordinator the Complainant or other party during the grievance process. The phrase “document filed by a Complainant” refers to a document or electronic submission that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint. Page 1 of 20

Inculpatory evidence: Evidence tending to incriminate the Respondent or indicate their guilt. Respondent: Any individual who is reported to be the perpetrator of conduct that could constitute Title IX sexual harassment. Retaliation: Actions including, but not limited to, intimidation, threats, coercion, or discrimination against a Complainant or other person because they report conduct that may constitute discrimination or harassment, including Title IX sexual harassment, in accordance with Board policy and procedures, participate in an investigation or other process addressing discrimination or Title IX sexual harassment, or act in opposition to discriminatory practices. The following actions shall not constitute retaliation: 1. An individual exercising free speech under the rights protected by the First Amendment. 2. The assignment of consequences consistent with Board policy, the Pennsylvania Public School Code, applicable collective bargaining agreements, and the District’s Code of

Conduct when an individual knowingly makes a materially false statement in bad faith in1 an investigation. The fact that the charges of discrimination were unfounded or unsubstantiated shall not be the sole reason to conclude that any party made a materially false statement in bad faith. Supportive measures: Nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Possible supportive measures include, but are not limited to, the following actions: 1. Parent/student conferences; 2. Offer of one-to-one counseling with appropriate professional staff; 3. Behavioral supports, such as Functional Behavioral Assessments, check in/check out, and Positive Behavior Support Plans; 4. Increased adult supervision in hot spot areas and during transition times (e.g. admission

and dismissal, classroom changes, lunch, recess); 5. Social skills training, including role playing; 6. Positive incentives and reinforcements for appropriate or improved behavior; 7. Development of a safety plan for the Complainant; and 8. Daily report. Title IX sexual harassment: Conduct on the basis of sex that satisfies one or more of the following: 1. A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment; 1 The Code of Conduct is available at https://www.philasd.org/studentrights/ Page 2 of 20

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or 3. Sexual assault, dating violence, domestic violence, or stalking. a. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship is determined by the following factors: 1) Length of relationship. 2) Type of relationship. 3) Frequency of interaction between the persons involved in the relationship. b. Domestic violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate

partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving federal funding, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. c. Sexual assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. d. Stalking: Under Title IX means stalking on the basis of sex, for example when the stalker desires to date a victim. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to either: 1) Fear for their safety or the safety of others, or 2) Suffer substantial emotional distress. Such conduct must have taken place during a District education program or activity and against a

person in the United States to qualify as sexual harassment. An education program or activity includes the locations, events, or circumstances over which the District exercises substantial control over both the Respondent and the context in which the harassment occurs. Conduct on the basis of sex or gender includes conduct on the basis of sexual orientation and gender identity. Sexual harassment can take place regardless of sexual orientation or gender identity and can happen among people of the same gender identity. Title IX Sexual Harassment Procedures Page 3 of 20

I. General Response A. Reporting A report may be made at any time, including during nonbusiness hours. NOTE: It is critical when receiving a complaint to determine whether immediate steps must be taken to avoid further harm, such as keeping students separated, getting medical/behavioral health aid for anyone harmed, etc. A.1. Reporting Sexual Harassment of a Student Any person, whether the alleged victim or not, may submit a report alleging Title IX sexual harassment of a student by any means that results in the Compliance Officer/Title IX Coordinator receiving the person's verbal or written complaint including: 1. Completing the online Bullying Harassment and Discrimination Reporting form;2 2. Calling the Bullying/Harassment hotline at 215-400-SAFE; 3. Submitting a complaint via Safe2Say;3 4. Emailing the Compliance Officer/Title IX Coordinator directly at antiharassment@philasd.org; or 5. Reporting the incident to the building principal or designee, or to any other member of

the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches, and administrators. A report may be made at any time, including during nonbusiness hours. Complaints will be treated the same, regardless of whether they are made verbally or in writing. Any school employee who receives a complaint or witnesses, suspects, or is notified that a student may have been subject to conduct that constitutes a violation of this policy shall immediately complete the online Bullying Harassment and Discrimination Reporting form, report the incident to the building principal or designee, and properly make any mandatory police or child protective services reports required by law or Board policy. If the building principal is the subject of a complaint, the student, parent/guardian, third party, or employee shall report the incident directly to the Compliance Officer/Title IX Coordinator. A.2. Reporting Sexual Harassment of an Employee

Any person, whether the alleged victim or not, may report Title IX sexual harassment of an employee by any means that results in the Employee Title IX Coordinator receiving the person's verbal or written complaint including: 3 The Safe2Say complaint form is available at safe2saypa.org 2 The online Bullying, Harassment, and Discrimination Reporting form is available at https://pareporting.hibster.com/Pages/Home.aspx?id=241 Page 4 of 20

1. Using the Employee Discrimination, Harassment, and Sexual Misconduct Reporting and Investigation form;4 2. Making a general report verbally or in writing to their supervisor; or 3. Using the contact information listed for the Employee Title IX Coordinator. Upon receipt of a report, all supervisors and employees shall immediately notify the Employee Title IX Coordinator at employeerelations@philasd.org. District staff who become aware of conduct that may constitute Title IX sexual harassment affecting a staff member shall promptly report it to their supervisor or the Employee Title IX Coordinator. All reports shall be documented by the Employee Title IX Coordinator and these procedures shall be implemented appropriately. B. District’s Initial Response When the District has actual knowledge of Title IX sexual harassment, the District is required to respond promptly and in a manner that is not deliberately indifferent, meaning not clearly

unreasonable in light of the known circumstances. If either party is an identified student with a disability, or thought to be disabled, the Compliance Officer/Title IX Coordinator shall contact the school’s Director of Special Education to coordinate the required actions in accordance with Board policy. If a student is identified as a party in the report, parents/guardians of students have the right to act on behalf of the Complainant, the Respondent, or other individual at any time. The District’s initial response through the applicable Title IX Coordinator shall include the following steps which are set forth in more detail in sections B.1 through B.4 below: 1. Conduct an initial assessment of the information submitted in the report; 2. If the Complainant or Respondent is a student, notify their parents/guardians; 3. Contact the Complainant to discuss the availability of supportive measures; and

4. Work with appropriate school personnel to promptly conduct an individualized safety and risk analysis. An emergency reassignment of an employee may be initiated when warranted to address an immediate threat to the health, well-being, or safety of an individual or a school community. Emergency reassignment must be approved by Deputy, Employee and Labor Relations. An accused nonstudent District employee may be placed on administrative leave or administrative assignment during the pendency of the grievance process for Formal Complaints, consistent with all rights under Section 504 of the Rehabilitation Act and the Americans with 4 The Employee Discrimination, Harassment, and Sexual Misconduct Reporting and Investigation form is available at https://www.philasd.org/employeerelations/forms/employee-discrimination-and-harassment-reporting-and- investigation-form/ Page 5 of 20

Disabilities Act, and in accordance with state law and regulations, Board policy, and an applicable collective bargaining agreement or individual contract. When an emergency removal of a student is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability, where applicable. B.1. Initial Assessment by Compliance Officer/Title IX Coordinator Based on the chart below, the applicable Title IX Coordinator shall gather additional information from the reporter and/or other parties identified in the report, to determine if the allegations meet the definition and parameters for Title IX sexual harassment. The applicable Title IX Coordinator shall promptly contact the Complainant to gather additional

information as necessary, and to discuss the availability of supportive measures. The applicable Title IX Coordinator shall consider the Complainant’s wishes with respect to supportive measures. The applicable Title IX Coordinator shall assess whether the reported conduct: 1. Meets the definition of Title IX sexual harassment; 2. Occurred in a District program or activity under the control of the District against a person in the United States; 3. Involves other Board policies; 4. Indicates, based on the individualized safety and risk analysis, that there is an immediate5 threat to the physical health or safety of an individual; and 5. Involves a student identified as a student with a disability under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act. Complainant Respondent Initial assessment conducted by: Investigation/Decision- making/Appeal: Supportive measures provided by: Student Student Compliance Officer/Title IX Coordinator Compliance

Officer/Title IX Coordinator Compliance Officer/Title IX Coordinator Employee Student Employee Title IX Compliance Employee Title 5 When the Respondent is an employee, the Employee Title IX Coordinator shall conduct the Safety and Risk analysis and oversee the process for emergency removal. When the Respondent is a student, the Compliance Officer/Title IX Coordinator shall conduct the Safety and Risk analysis and oversee the process for emergency removal. Page 6 of 20

Coordinator Officer/Title IX Coordinator IX Coordinator Student Employee Compliance Officer/Title IX Coordinator Employee Title IX Coordinator Compliance Officer/Title IX Coordinator Employee Employee Employee Title IX Coordinator Employee Title IX Coordinator Employee Title IX Coordinator If the result of this initial assessment determines that the reported conduct does not meet the definition of Title IX sexual harassment but could involve other Board policies, the individual conducting the assessment shall assess whether the reported conduct involves other Board policies or the Code of Conduct and, if so, shall inform the Complainant of this assessment and redirect the Complaint to the appropriate administrator to address the allegations. If the result of the initial assessment determines that the allegations may constitute Title IX sexual harassment, the individual conducting the assessment shall promptly explain to the

Complainant the process for filing a Formal Complaint and inform the Complainant of the continued availability of supportive measures with or without the filing of a Formal Complaint. If the Complainant does not wish to file a Formal Complaint, the applicable Title IX Coordinator shall inform the Complainant of other options available to them, as appropriate, and direct the report to the appropriate office or administrator to address the allegations under other Board policies, if applicable. The District is required to initiate the grievance process for Formal Complaints when a Complainant or the Complainant’s parent/guardian files a Formal Complaint. The applicable Title IX Coordinator is also authorized, but not required, to initiate this process despite a Complainant’s wishes when the applicable Title IX Coordinator determines it is not clearly unreasonable to initiate the Formal Complaint process against the Complainant’s wishes. Only

the applicable Title IX Coordinator is authorized to initiate the Formal Complaint process despite a complainant’s wishes, but the applicable Title IX Coordinator may consult with the Office of General Counsel (“OGC”) and other District officials in making this decision. A decision not to initiate the Formal Complaint process does not bar the District from investigating and resolving the complaint pursuant to the Code of Conduct or other Board policies or administrative procedures. B.2. Parental Notification If the Complainant or Respondent is a student, the Compliance Officer/Title IX Coordinator shall contact the parents/guardians of the Complainant and Respondent to provide them with information regarding the report and Title IX sexual harassment procedures and grievance process for Formal Complaints. Page 7 of 20

If the Complainant, school staff, or others with professional knowledge relating to the Complainant’s health and well-being indicate that notifying the parents/guardians could cause serious harm to the health or well-being of the Complainant or other person(s), the Compliance Officer/Title IX Coordinator will determine, in consultation with such individuals and upon advice of OGC, whether to delay notification of the report from the Complainant’s parents/guardians until such time as it has been determined that the student’s safety is not at risk. B.3. Supportive Measures The applicable Title IX Coordinator, in conjunction with the building administrator or other appropriate District or school-based staff, shall determine what supportive measures may be offered to both the Complainant and the Respondent. Supportive measures shall be designed to restore or preserve equal access to the education

program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or to deter sexual harassment. Supportive measures may include, but are not limited to: 1. Counseling or Employee Assistance Program, 2. Extensions of deadlines or other course-related adjustments, 3. Modifications of work or class schedules, 4. Campus escort services, 5. Mutual restrictions on contact between the parties, 6. Changes in work or housing locations, 7. Leaves of absence, 8. Increased security measures or protocols, 9. Monitoring of certain areas of the campus, 10. Referrals to domestic violence or rape crisis programs, and 11. Referrals to community health resources including counseling resources. Supportive measures may also include assessments or evaluations to determine eligibility for special education or related services, or the need to review an Individualized Education Program

(“IEP”) or Section 504 Service Agreement based on a student’s behavior. This could include, but is not limited to, a manifestation determination or Functional Behavioral Assessment (“FBA”), in accordance with applicable law, regulations, or Board policy. Supports may need to be changed to meet a student’s evolving needs and may span multiple school years. When any party is an identified student with a disability, or thought to be a student with a disability, the Compliance Officer/Title IX Coordinator shall notify the school’s Director of Special Education and coordinate to determine whether additional steps must be taken as supportive measures for the party while the Title IX procedures are implemented. Such measures may include, but are not limited to, conducting a manifestation determination, FBA, or other assessment or evaluation, in accordance with applicable law, regulations, or Board policy. FBAs

must be conducted when a student's behavior interferes with the student’s learning or the learning of others and information is necessary to provide appropriate educational programming, Page 8 of 20

and when a student's behavior violates the Code of Conduct and is determined to be a manifestation of a student's disability. B.4. Safety and Risk Analysis/Emergency Removal Nothing precludes the District from removing a Respondent from the education program or activity on an emergency basis, provided that the District undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student, employee, or other individual arising from the allegations of sexual harassment justifies removal, and provides the Respondent with appropriate notice and an opportunity to challenge the decision immediately following the removal in accordance with applicable Board policy or administrative procedures or collective bargaining agreements. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities

Act. If the Respondent is an identified student with a disability, or thought to be disabled, the Compliance Officer/Title IX Coordinator shall contact the school’s Director of Special Education to coordinate the required actions in accordance with Board policy. When an emergency removal of a student is required by law or is warranted to address an immediate threat to the physical health or safety of an individual, and it is not feasible to continue educational services remotely or in an alternative setting, the normal procedures for suspension and expulsion shall be conducted to accomplish the removal, including specific provisions to address a student with a disability where applicable. When expulsion of a student is necessary because continuation of educational services is not feasible, the Board’s written adjudication of expulsion shall address the pending Title IX process and the impact of the outcome of the Title IX process on a student’s emergency removal status.

C. Disciplinary Procedures When Reports Allege Title IX Sexual Harassment When reports allege Title IX sexual harassment, disciplinary sanctions may not be imposed until the completion of this grievance process. The District shall presume that the Respondent is not responsible for the alleged conduct until a determination has been made at the completion of the grievance process for Formal Complaints. C.1. Discipline/Placement of Student Convicted or Adjudicated of Sexual Assault Upon notification of a conviction or adjudication of a student in the District for sexual assault against another student enrolled in the District, the District shall comply with the disciplinary or placement requirements established by state law and the Code of Conduct. D. Confidentiality Page 9 of 20

All supportive measures provided by the District shall remain confidential, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures. Confidentiality regarding the identity of the individuals making a report or Formal Complaint, Complainant(s), Respondent(s), and witnesses shall be maintained, except as may be permitted by law or regulations relating to the conduct of any investigation. E. Reasonable Accommodations Throughout the Title IX sexual harassment procedures, the District shall make reasonable accommodations for identified physical and intellectual impairments that constitute disabilities for any party, and address barriers being experienced by disadvantaged students such as English learners and students experiencing homelessness, consistent with the requirements of federal and state laws and regulations and Board policy. F. Required Reporting Under Other Policies

In addition to implementing the Title IX sexual harassment procedures, the applicable Title IX Coordinator shall ensure that reported conduct which meets the definition of other laws, regulations, or Board policies is also appropriately reported in accordance with the applicable laws, regulations, or Board policies, including but not limited to, incidents under the Safe Schools Act, reports of educator misconduct, threats, or reports of suspected child abuse. G. Timeframes The established timeframes included in these procedures, below, may be adjusted to allow for a temporary delay or a limited extension of time for good cause. The applicable Title IX Coordinator shall provide written notice of the delay or extension and the reason for such action to the Complainant and the Respondent, and document such notice with the records of the complaint. Good cause may include, but is not limited to, considerations such as:

1. The absence or temporary unavailability of a party, a party’s advisor, or a witness; 2. Concurrent law enforcement activity; or 3. Need for language assistance or accommodation of disabilities. H. Dismissal and Redirection of Title IX Formal Complaints The applicable Title IX Coordinator shall dismiss Formal Complaints, if at any time during the investigation or prior to the written determination it is determined that none of the allegations, even if true, would meet the definition and parameters of Title IX sexual harassment within the District’s jurisdiction. The applicable Title IX Coordinator may dismiss Formal Complaints, if at any time during the investigation or prior to the written determination: Page 10 of 20

1. A Complainant provides written notification of withdrawal of any allegations or of the Formal Complaint; 2. The Respondent is no longer enrolled or employed by the District in a District program or activity; or 3. Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations. Regardless of dismissal as a Formal Complaint, if the matter merits review and possible action under the Code of Conduct, other Board policies, or administrative procedures, then the applicable Title IX Coordinator shall redirect the report to the appropriate individual to address the allegations. Appropriate individuals could include a principal or school administrator, central-office administrator, or contracted entity. Written notification shall be promptly issued by the applicable Title IX Coordinator to the parties simultaneously of any allegations found not to qualify or that are dismissed in compliance with

Title IX. Written notification shall state whether the allegations will continue to be addressed pursuant to the Code of Conduct, other Board policies, or administrative procedures. A dismissal may be appealed by either the Respondent or Complainant via the appeal procedures set forth below. I. Consolidation of Title IX Formal Complaints The Compliance Officer/Title IX Coordinator may consolidate Formal Complaints against more than one (1) Respondent, or by more than one (1) Complainant against one (1) or more Respondents, or by one (1) individual against another individual, where the allegations of sexual harassment arise out of the same facts or circumstances. II. Grievance Process for Formal Complaints A. Formal Complaint To file a Formal Complaint, a Complainant must provide the applicable Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants may file a Formal

Complaint under this Policy only if they are currently participating in, or attempting to participate in, the education programs or activities of the District, including as an employee. The District is required to initiate the grievance process for Formal Complaints when a Complainant files a Formal Complaint. The Title IX Formal Complaint Form shall be used to file or sign a Formal Complaint. Page 11 of 20

The applicable Title IX Coordinator shall investigate the complaint or promptly assign the investigation to another appropriately trained individual.6 An employee Complainant who files a Formal Complaint may request, at any time, to address the matter through the District’s informal resolution process. B. Notice The applicable Title IX Coordinator shall provide written notice of a Formal Complaint to all known parties, and the parents/guardians of known parties, where applicable, providing the following information: 1. Notice of the District’s grievance process for Formal Complaints and any informal resolution process that may be available. 2. Notice of the allegations potentially constituting Title IX sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include: a. the identity of the parties involved, if known; b. the conduct allegedly constituting sexual harassment; and

c. the date and location of the alleged incident(s), if known. 3. A statement that a written determination regarding responsibility shall be made at the conclusion of the grievance process for Formal Complaints and, until that time, the Respondent is presumed not responsible for the alleged conduct. 4. Notice that parties may have an advisor of their choice, who may be, but is not required to be, an attorney. The advisor may inspect and review evidence. 5. Notice that Board policy, the Employee Code of Ethics, and the Code of Conduct7 prohibit knowingly making false statements or knowingly submitting false information to school officials in connection with reports of misconduct or discrimination complaints. 6. Notice of any additional allegations that the District decides to investigate during the course of the investigation. C. Investigation The designated investigator, if other than the applicable Title IX Coordinator, shall work with the

applicable Title IX Coordinator to assess the scope of the investigation, who needs to be interviewed, and what records or evidence may be relevant to the investigation. The Respondent shall be presumed not responsible for the alleged conduct until a written determination regarding responsibility has been made at the conclusion of the grievance process for Formal Complaints. 7 The Employee Code of Ethics is available at https://www.philasd.org/schoolboard/policies/ 6 The applicable Title IX Coordinator, investigator, Decision-maker, and appeal Decision-maker must have completed the required training for such roles and shall not have a conflict of interest or bias for or against an individual Complainant or Respondent, or for or against Complainants or Respondents in general. Page 12 of 20

The investigation stage shall be concluded within ninety (90) calendar days but the investigator shall strive to complete the investigation within thirty (30) calendar days whenever possible. The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to request for a delay in fulfilling the District’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation and the reason for such delay shall be documented by the investigator. When investigating a Formal Complaint, the investigator shall:

1. Gather evidence and conduct interviews sufficient to reach a written determination. During the process of gathering evidence, unless the District obtains the voluntary, written consent of the party, or the party’s parent/guardian when legally required, the District cannot access, consider, disclose, or otherwise use, as part of the investigation, a party’s records which are protected by legal privilege, such as those records 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 providing treatment to the party. 2. Provide written notice to any individual whose participation is invited or expected during the investigation process with the following information, in sufficient time for the individual to prepare to participate: a. Date, b. Time, c. Location, d. Participants, and

e. Purpose of all investigative interviews or other meetings. 3. Objectively evaluate all available evidence, including inculpatory and exculpatory evidence. 4. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. 5. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. However, the District may request a nondisclosure agreement be signed by the parties and their advisor(s), if any, stating that they will not disseminate or disclose evidence and documents exchanged in the investigation. 6. Provide the parties with the same opportunities to have others present during any interview or other meeting, including an advisor of the party’s choice. The District may establish restrictions, applicable to both parties, regarding the extent to which the advisor may participate.

7. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations, including evidence the District does not intend to rely on to reach a determination regarding responsibility and any inculpatory and exculpatory evidence, whether obtained from a party or other source. Page 13 of 20

C.1. New Allegations If at any point the investigation expands to include additional allegations that were not included in the initial notice provided upon initiation of the grievance process for Formal Complaints, the investigator shall alert the applicable Title IX Coordinator. The applicable Title IX Coordinator or assigned investigator shall provide written notice of the new allegations to the known parties. C.2 Simultaneous Investigations In the course of an investigation, it is possible that conduct other than, or in addition to, Title IX sexual harassment may be identified as part of the same incident or set of circumstances. The fact that there may be Title IX sexual harassment involved does not preclude the District from addressing other identified violations of the Code of Conduct, Employee Code of Ethics, or Board policy. If such other conduct is being investigated and addressed together with Title IX

sexual harassment as part of the Title IX grievance process for Formal Complaints, disciplinary action normally should not be imposed until the completion of the Title IX grievance process for Formal Complaints. A decision whether and when to take such action should be made in consultation with OGC. C.3. Possible Violation of Criminal Law If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator shall promptly notify the applicable Title IX Coordinator, who, if required by state law and regulations or the procedures set forth in the memorandum of understanding with local law enforcement, shall promptly inform law enforcement authorities about the allegations and make any additional required reports, in accordance with law, regulations, and Board policy. C.4. Investigative Report and Report Review Prior to finalizing the investigative report, the investigator shall:

1. Send to each party and the party’s advisor, if any, the draft investigative report and any evidence obtained as part of the investigation that is directly related to the allegations, subject to inspection and review, in electronic or hard copy format; 2. Provide the parties at least ten (10) calendar days following receipt of the draft report and evidence to submit a written response; and 3. Consider the written response and incorporate any relevant additional information or comments into the investigative report prior to finalizing the report. Once the report is finalized, the investigator shall provide the investigative report to all parties and to the designated Decision-maker. D. Written Determination and District Action Page 14 of 20

D.1. Designation of Decision-Maker To avoid any conflict of interest or bias, the Decision-maker cannot be the same person as the applicable Title IX Coordinator or the investigator. The responsibility as the Decision-maker for complaints of Title IX sexual harassment shall be determined by the applicable Title IX Coordinator on a case by case basis. If the assigned Decision-maker has a conflict of interest or is a party in the Formal Complaint process, they shall disclose the conflict and the applicable Title IX Coordinator shall designate another individual to serve as the Decision-maker. D.2. Submissions for Written Determination Before the Decision-maker reaches a written determination of responsibility (“Determination”), the Decision-maker shall afford each party the opportunity to submit written, relevant questions that a party wants to be asked of any party or witness, shall provide each party with the answers,

and shall allow for additional, limited follow-up questions from each party. Therefore, a Determination must not be finalized less than fourteen (14) days after the investigator completes the investigative report and provides it to all parties. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant as part of the follow-up questions and responses, 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 may determine that a question is not relevant and shall explain to the party proposing the question their reasoning for any decision to exclude a question as not relevant.

Relevant questions for a party or witness must be submitted by each party within seven (7) calendar days following receipt of the investigative report. Follow-up questions must be submitted by each party within seven (7) calendar days of being provided the answers to the initial questions. D.3. Written Determination The Decision-maker must issue a Determination for the conduct alleged in Formal Complaints. To reach this Determination, the Decision-maker shall apply the preponderance of the evidence standard, meaning that the decision-maker must find that it is more probable than not that the alleged conduct occurred and constitutes Title IX sexual harassment. In considering evidence, the Decision-maker shall ensure credibility determinations are not based on an individual’s status as a Complainant, Respondent, or witness. After considering all relevant evidence, the Decision-maker shall issue a Determination in writing that includes: Page 15 of 20

1. Identification of the allegations potentially constituting Title IX sexual harassment. 2. A description of the procedural steps taken from the receipt or signing of the Formal Complaint through to 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 Code of Conduct or Board policies to the facts. 5. A statement of, and rationale for, the result as to each allegation, including: a. Determination regarding responsibility. b. Recommended disciplinary sanctions. c. Remedies designed to restore or preserve equal access to the District’s education program or activity that will be provided by the District to the Complainant. Such remedies may be punitive or disciplinary and need not avoid burdening the Respondent.

6. The procedures, deadline, and permissible bases for the Complainant and Respondent to appeal. The Determination shall be provided to the parties simultaneously. The Determination becomes final either: 1. On the date that the District provides the parties with the written decision of the result of the appeal, if an appeal is filed; 2. Or, if an appeal is not filed, on the date on which an appeal would no longer be considered timely, in accordance with the timeframe established for appeals set forth below. The applicable Title IX Coordinator or designee shall be responsible to ensure that any remedies are implemented by the appropriate District officials and for following up as needed to assess the effectiveness of such remedies. Disciplinary actions, including a recommendation of disciplinary transfer or expulsion, shall be consistent with the Code of Conduct, Board policies and administrative procedures, applicable collective bargaining agreements, and state and federal

laws and regulations, including specific requirements and provisions for students with disabilities. Employees shall be subject to appropriate disciplinary action consistent with the applicable Board policy, collective bargaining agreements, and individual contracts, up to and including dismissal and/or referral to law enforcement officials. IEP Team/Section 504 Team Notification If a complaint is substantiated and either the Respondent or the Complainant is a student with a disability who has an Individualized Education Plan (“IEP”) or a Section 504 Plan, the principal or bullying designee must notify the student’s IEP Team or Section 504 Team. Page 16 of 20

The appropriate team must convene to make a determination of whether and how the student’s IEP or 504 plan should be amended and the extent to which additional or different services or evaluations are needed and ensure that any needed changes are made promptly. If a change of placement is considered, Section 504 or IEP services must be provided in an educational setting with persons who do not have disabilities to the maximum extent appropriate to the needs of the student with a disability. E. Appeals Complainants and Respondents have the right to appeal a Determination and the right to appeal the District’s dismissal of a Title IX Formal Complaint or dismissal of any allegation in the Title IX Formal Complaint. Written notice of an appeal shall be submitted to the applicable Title IX Coordinator within fifteen (15) calendar days after the date of the Determination. Students should send appeals to antiharassment@philasd.org, and employees should send appeals to

employeerelations@philasd.org, using the Notice of Appeal form referenced in the Determination Letter. Regardless of form, an appeal is required to include a brief statement describing the basis for the appeal, which is limited to the following reasons as stated in the Title IX regulations: 1. A procedural irregularity that affected the outcome of the matter; 2. New evidence that could affect the outcome was not reasonably available at the time the decision to dismiss or Determination was made; or 3. The applicable Title IX Coordinator, investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against the individual Complainant or Respondent or for or against Complainants or Respondents generally that affected the outcome of the matter. The applicable Title IX Coordinator shall forward the appeal for review and processing to the Appeal Decision-maker. If the assigned Appeal Decision-maker has a conflict of interest, they

shall disclose the conflict and the applicableTitle IX Coordinator shall designate another Appeal Decision-maker. The Appeal Decision-maker shall provide written notice to the other party when Notice of Appeal is filed and implement appeal procedures equally for both parties as follows. Statements in support of the stated basis for the appeal must be submitted to the Appeal Decision-maker within seven (7) calendar days of the written notice of appeal. All responses and appeals will be shared with all parties. Statements in opposition to the appeal shall be submitted within seven (7) calendar days of the submission of the statement in support. The Appeal Decision-maker shall determine whether the appeal meets the grounds for permitted reasons for appeal and if so, justifies modifying the written determination. Within twenty-one (21) calendar days of receipt of the appeal, the Appeal Decision-maker shall issue a written Page 17 of 20

decision denying the appeal or setting forth the respects in which the written determination is modified and the rationale. The written decision shall be provided simultaneously to both parties as well as to the applicable Title IX Coordinator. F. Disciplinary Action Following the issuance of the written determination and any applicable appeal, any disciplinary action specified in the written determination or appeal decision shall be implemented in accordance with the normal procedures for suspensions, expulsions, terminations, or other disciplinary actions, including specific provisions to address a student with a disability, where applicable. An employee who violates this policy shall be subject to appropriate disciplinary action consistent with the applicable Board policy, collective bargaining agreement, and individual contract, up to and including dismissal and/or referral to law enforcement officials. III. Title IX Sexual Harassment Training Requirements

The Compliance Officer/Title IX Coordinator, Deputy, Employee & Labor Relations, investigator(s), decision-maker(s), and any individual designated to facilitate an informal resolution process related to Title IX sexual harassment shall receive the following training, as required or appropriate to their specific role: 1. Definition of sexual harassment; 2. Scope of the District’s education program or activity, as it pertains to what is subject to Title IX regulations; 3. How to conduct an investigation and grievance process for formal complaints, including examination of evidence, drafting written determinations, handling appeals, and informal resolution processes, as applicable; 4. How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; 5. Use of relevant technology; 6. Issues of relevance including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant;

7. Issues of relevance, weight of evidence, and application of standard of proof and drafting investigative reports that fairly summarize relevant evidence; and 8. How to address complaints when the alleged conduct does not qualify as Title IX sexual harassment but could be addressed under another complaint process or Board policy. All training materials shall promote impartial investigations and adjudications of formal complaints of Title IX sexual harassment without relying on sex, sexual orientation and gender identity stereotypes. IV. Recordkeeping Page 18 of 20

The District shall maintain the following records for a minimum of seven (7) years after conclusion of procedures and implementation of disciplinary sanctions and/or remedies, or in the case of a Complainant or Respondent who is a minor, until the expiration of the longest statute of limitations for filing a civil suit applicable to any allegation: 1. Each Title IX sexual harassment investigation, including any written determination and any audio or audiovisual recording or transcript, and disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the District’s education program or activity; 2. Any appeal filings and the result; 3. Any records related to an informal resolution and the result; 4. All materials used to train the applicable Title IX Coordinator, investigators, Decision-makers, and any person who facilitates an informal resolution process; and

5. Records of any District actions, including any supportive measures, taken in response to a report or Formal Complaint of Title IX sexual harassment. a. In each instance, the District shall document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. b. If the District does not provide a Complainant with supportive measures, then the District must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken. Related References: 1. Policy 102 - Multiracial, Multicultural, and Gender Education 2. Policy 103 - Nondiscrimination in School and Classroom Practices

3. Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities-Protected Handicapped Students 4. Policy 248 - Harassment and Discrimination of Students 5. Policy 348 - Harassment and Discrimination of Eemeregemployees 6. Policy 806 - Child Abuse 7. Policy 805.1 - Relations with Law Enforcement 8. Policy 317 - Employee Misconduct and Reporting Requirements 9. Policy 113 - Special Education 10. Policy 113.1 - Discipline of Students with Disabilities 11. Policy 113.2 - Behavior Support 12. Policy 113.3 - Screening and Evaluations for Students with Disabilities 13. Policy 104 - Nondiscrimination in Employment Practices 14. Policy 218 - Student Conduct and Discipline 15. Policy 234 - Pregnant/Parenting/Married Students 16. Policy 247 - Hazing 17. Policy 249 - Bullying/Cyberbullying 18. Policy 252 - Transgender and Gender Non-conforming Students Page 19 of 20

19. Policy 348 - Harassment and Discrimination of Employees 20. Policy 906 - Addressing Student and Constituent Concerns 21. Policy 233 - Suspension and Expulsion 22. 24 P.S. 1318.1 23. Policy 138 - English Language Development/Bilingual Education Program 24. Policy 251 - Students Experiencing Homelessness 25. Policy 824 - Maintaining Professional Adult/Student Boundaries 26. Policy 113.4 - Confidentiality of Special Education Information 27. Policy 207 - Confidential Communications of Students 28. Policy 216 - Student Records 29. Policy 805 - Emergency Preparedness 30. Policy 300 - Employee Code of Ethics Page 20 of 20

THE SCHOOL DISTRICT OF PHILADELPHIA No. 701 SECTION: 700 Property TITLE: Policy 701 - Facilities Planning (Eliminate) ADOPTED: April 27, 1981 REVISED: POLICY 701 - FACILITIES PLANNING (ELIMINATE) Purpose The Board of Education shall furnish the City Planning Commission adequate information with respect to school needs and projections to enable the Commission to take such into account in its planning and to include schools in each revision of the City Comprehensive Development Plan. Definitions N/A Authority The Board shall conduct a census of all children, from birth to eighteen (18) years, living in the district. Delegation of Responsibility In order to inform the Board of the future needs of the district, the Superintendent shall prepare a written description of existing physical facilities and shall annually report to the Board on the number of resident pupils attending private school, the enrollment by grades during the school year, estimate each spring the number of

students who will be enrolled in the schools of the district in September for the year for which the estimate is made, and prepare student population figures to the previously projected figures to detect early for the benefit of the Board any changes in population trends. In planning for the enlargement or modification of its facilities, the Board shall consider not only the number of children whose educational needs must be met, but also the physical requirements of the program it deems best suited to meet those needs. Each school building and site shall provide suitable accommodations to carry out the educational program of the school, including provision for the handicapped, pursuant to law and regulation. Mandatory Regulatory Procedures: N/A Legal References: 1. School Code: SS 3157 2. PA Code Title 22: SS 5.151, 21.41 3. Federal Code: P.L. 94-142, 4. Home Rule Charter: 12-307 Recommendation:

The District is recommending policy 701 for elimination because the policy is duplicative of policy 714. Any unique information contained in policy 701 is being incorporated into policy 714, which is also being revised this policy cycle. Administrative Procedures:

THE SCHOOL DISTRICT OF PHILADELPHIA No. 714 SECTION: 700 Property TITLE: Policy 714 - Facilities Rightsizing ADOPTED: August 17, 2009 REVISED: POLICY 714 - FACILITIES RIGHTSIZING Purpose The Board of Education (“Board”) is committed to giving each School District of Philadelphia (“District”) student what they need to reach their fullest potential through the equitable distribution of resources, programs, and facilities. The purpose of this policy is to authorize Tthe School District to shall employ a process for analyzing and optimizing facilities usage measures in order to maintain fiscal responsibility while also creating academic programming that supports student academic achievement. ensure the equitable distribution of resources, programs, and facilities throughout the school system aligned with the actual census of students. Definitions Rightsizing: An alignment of capacity and programs that result in combining facilities, adaptive re-use, and/or expansion.

Consolidation: A realignment of student population to meet the minimum enrollment guidelines per school facility in order to better serve the educational needs of students. Expansion: The addition of grades to an elementary or middle school program or the replication of high quality academic programming Closure: The elimination of an academic program and/or school facility. Reconstitution: The complete restructuring of a school which may include replacement of some or all of the school staff, provision of additional instructional and noninstructional resources to support academic improvement, or partnering with an external organization. Conversion: The re-purposing of an academic program. Co-Location: Sharing underutilized space for appropriate educational or administrative functions. Relocation: Movement of an educational program to another facility. Authority The Pennsylvania Public School Code requires the Board to provide the necessary grounds and

suitable school buildings, across the District, to accommodate all children who attend our schools. [1] The Board may renovate, expand, combine, adaptively reuse, or close schools, among other measures, for reasons such as poor academic performance, insufficient enrollment, or conditions of a building. [2] The Board shall obtain the approval of the Pennsylvania Department of Education when establishing a new school, closing a school, or changing school organization. [3] Delegation of Responsibility The Board directs the Superintendent or their designee, through the Division of Operations, to

establish administrative procedures for assessing current facilities and programs and making recommendations regarding facilities optimization that include guidelines for soliciting community input. The Board directs the District to assess current physical facilities and programs and annually provide information to the Board on District student populations and enrollment data and trends. Mandatory Regulatory Procedures: The Pennsylvania Public School Code requires that when the Board closes a school, the following occurs: ? The students shall be assigned to another school within the District. [2] ? The District must notify the Department of Education of the closing and the reasons for the closing. [3] ? The Board shall hold a public hearing on the closure not less than three (3) months prior to the decision of the Board meeting to the closing of a school. Notice of the hearing shall be given in a newspaper of general circulation in the District at least fifteen (15) days prior to the

date of such hearings. [4] ? The District must provide 60 days’ notice to all District employees impacted by the closure. [5] Request for information regarding facilities analysis and optimization should be directed to the Open Records Officer in accordance with Policy 801 - Public Records. [6][7][8] Criteria Enrollment Trends and Demographics. The School District will consider employing rightsizing measures when a school has experienced significant and consistent growth or decline in enrollment. Feeder school patterns and demographic data will be studied to determine if the pattern of increasing or declining enrollment is likely to be reversed, if there are development initiatives underway or likely to be implemented in the near future, if a significant number of students who attend the school reside within the school's boundaries, and the capacity of surrounding neighborhood schools. Educational Adequacy and Equity.

The School District will consider employing rightsizing measures when a school is surveyed for its educational adequacy, which is the facility's effective capacity to house and support its educational program, including an appropriate number and configuration of classrooms and the existence of appropriate ancillary spaces that are required to meet contemporary educational standards, and the facility is determined to be inadequate when applying those criteria. Academic Performance. The School District will consider employing rightsizing measures to expand or close a school based on its level of academic achievement, its ability to reach and maintain Adequate Yearly Progress (“AYP”), and the rigor of its educational program. Capacity Utilization. The School District will consider employing rightsizing measures when a school has a large number of empty seats and enrollment is significantly less than building capacity. When a school exceeds its building's capacity,

the School District will consider changes to the enrollment boundary, opportunities to lease additional space, and the potential for altering the school's capacity through the capital improvement program. Annual Operating Expenses and Cost of Capital Improvements. The School District will consider employing rightsizing measures when the costs to repair, maintain, and/or operate a facility are excessive relative to all other District facilities. Space Availability. The School District will consider employing rightsizing measures when there is sufficient space in other public schools to receive the students without imposing an undue burden on the physical and instructional capacity of the receiving school and it is not necessary as a result of the closing to transport students an unreasonably long distance, relative to the travel times to and from school experienced by other students in the District. Safe and Orderly Environment.

The School District will consider employing rightsizing measures when schools have been determined to be persistently dangerous for a substantial period of time and the District's best efforts to change these conditions have been unsuccessful. However, rightsizing measures shall only be employed when the following conditions are met: ? Significant true net savings are achieved after the costs of closure, consolidation, or relocation are fully incorporated into the analysis. ? Receiving schools have developed a transition plan to create a unified learning community. ? Receiving schools have at least comparable of not better instructional programs and facilities. ? An opportunity for substantial public input and community engagement has been afforded. ? Senior District management has consulted with the City of Philadelphia to determine whether any major new residential developments are underway or anticipated that might change demographic patterns.

? Rightsizing measures will not terminate or disrupt a successful educational program that has been increasing student achievement levels consistently and substantially. ? All actions being considered by the School District are consistent with applicable provisions of the Pennsylvania Public School Code and all applicable laws. Implementation of this Policy Legal References: All actions taken by the School Reform Commission shall be consistent with all applicable provisions of the Pennsylvania Public School Code. 1. 24 P.S. § 7-701 2. 24 P.S. § 13-1311 3. 22 Pa. Code 4.41(c) 4. 24 P.S. § 7-780 5. 524 P.S. § 5-524 6. Philadelphia Home Rule Charter, § 12-307. 7. 65 P.S. 67. 101, et. seq. 8. Policy 801 - Public Records Related Information: N/A

Administrative Procedures:

THE SCHOOL DISTRICT OF PHILADELPHIA No. 803 SECTION: 800 Operations TITLE: Policy 803 - School Calendar ADOPTED: April 27, 1981 REVISED: June 27, 2019 POLICY 803 - SCHOOL CALENDAR Purpose The Board of Education (“Board”) recognizes that the preparation of a calendar is necessary for the efficient operation of the School District of Philadelphia (“District”). The purpose of this policy is to require the adoption of develop the procedure for adopting an annual school calendar that reflects the District’s commitment to its core beliefs and goals, including its commitment to equity. Definitions N/A Authority As required by the Pennsylvania Public School Code and Pennsylvania Department of Education regulations, Tthe Board shall develop an academic calendar. authorizes the Superintendent and/or their designee to determine annually, with exceptions deemed appropriate by the Board, the days and the hours when

the schools will be in session for instructional purposes in accordance with State law. Such school calendar will normally consist of a minimum of 180 student days and provide a minimum of 900 instructional hours for elementary school pupils and 990 hours for middle and high school pupils. The instructional school calendar shall consider negotiated agreements, professional development days, holidays, and community input. Delegation of Responsibility The Board authorizes and directs the Superintendent or their designee, through the Office of Schools, to will prepare establish an academic school calendar for Board consideration, annually, indicating the days and hours when the schools will be in session for instructional purposes in accordance with State law. [1][2][3][4][5] The academic calendar shall be developed in conformity with collective bargaining agreements and law and shall take into consideration the following: ? The Board’s goals and Board policy;

? Stakeholder input and feedback; ? Strategies that improve academic and social-emotional outcomes for all students; and ? Current teacher practice and professional development. The District shall develop administrative procedures to implement this Policy which shall include the following: ? A structure by which to seek stakeholder input and feedback. ? Protocols for enacting temporary provisions for attendance during periods of emergency in accordance with law. [5] ? Protocols regarding the District notifying the Board and documenting any alterations to the school calendar. Mandatory Regulatory Procedures:

N/A Legal References: 1. 24 P.S. § 1501 2. 24 P.S. § 1502 3. 24 P.S. § 1503 4. 24 P.S. §1504 5. 22 Pa. Code § 11.1-11.3 6. 24 P.S. § 5-520.1 Related Information: N/A Administrative Procedures: 803 Procedures

Effective: Administrative Procedures for Policy 803 School Calendar (Attachment for Policy No. 803) Purpose These Administrative Procedures are to guide how to implement preparation of a calendar that is necessary for the efficient operation of the School District of Philadelphia (“District”). The Procedures guide how to adopt an annual school calendar that reflects the District’s commitment to its core beliefs and goals, including its commitment to equity. Consistent with current law, the school calendar will normally consist of a minimum of 180 student days and provide a minimum of 900 instructional hours for elementary school pupils and 990 hours for middle and high school pupils. While the State mandates the number of instructional hours, the District determines the School Calendar days within the academic year as set by collective bargaining, which is currently July 1 through June 30. The Chief Schools Office leads the work for establishing the school calendar. The School

Calendar includes national holidays, religious holidays and some cultural holidays as well as professional development days, report card conferences and other days as advised and in collaboration with multiple stakeholder groups. Stakeholder groups have included District Central Offices (Academic Supports, Student Supports, Talent, Safety, Schools), Unions (Philadelphia Federation of Teachers, Commonwealth Association of School Administrators), religious and other community Groups, Family and Community Engagement Office (FACE). FACE supports the Chief of Schools Office with seeking parental input and community involvement. Each year the Chief Schools Office will plan for the next School Calendar by ● Reviewing the previous year’s academic calendars and considering any feedback received by or from the committees mentioned below in developing future calendars. ● Providing a draft academic calendar for consideration by the committees mentioned below.

● Soliciting input from diverse voices that include different demographic and cultural groups ● Including various methods to solicit feedback and engage stakeholders throughout the year as set forth below ● Providing a specific calendar development process which will include a proposed timeline as to when the Board of Education should expect to receive and adopt the School Calendar.

Effective: Procedures The initial step in the development of the Academic Calendar is to ensure that the following holidays that are currently mandated by law or collective bargaining are to be included in the Academic Calendar: Independence Day (Fourth of July); Christmas Day, New Years Day, Thanksgiving Day, and Labor Day. There shall be no fewer than 13 paid holidays, inclusive of the foregoing list. The Schools Office will establish two committees for the purpose of oversight, development and stakeholder engagement: (1) Academic Calendar Oversight Committee that includes representation from District Chief Offices and will provide oversight to the development of the calendar in preparation for it to be reviewed and presented to the Superintendent and Board of Education; (2) Academic Calendar Stakeholder Engagement Committee is meant to facilitate stakeholder engagement in the development of the School Calendar. Members of this

committee will include representation of the various SDP stakeholders including School Leaders, Teachers, Parents, Students, community groups and members, and representatives from Chief Offices. The Academic Calendar Stakeholder Engagement Committee will help the District orient stakeholders about the process and feedback which will take place in late Spring and early Fall of each year. They will make recommendations to the Academic Calendar Oversight Committee based upon information gathered. The School Board should expect to vote on whether to approve the calendar for the next two consecutive academic calendar years in January. Amendment to Academic Calendar Changes to the calendar, which are made after the Board approval, may be necessary due to changes determined by the District or for unanticipated circumstances out of the control of the District such as an emergency. If feasible, amendments can be shared to the Committees

mentioned above for feedback. Notice of any changes will be made as soon as practicable and in accordance with law and collective bargaining agreements. As part of the process of soliciting and engaging feedback through the committees mentioned above, the Chief Schools Office will update these Administrative Procedures as necessary. Page 2 of 5

Effective: Academic Calendar Process Overview & Development Cycle While the Academic Calendar Oversight Committee meets every year, the creation of draft calendars happens every other year. During the year when calendars are not drafted, the Academic Calendar Oversight Committee will meet to review the Academic Calendar and engage with stakeholders for feedback. Should this result in changes to the approved calendar, an amending action item will be submitted to the Board of Education for approval. APRIL MAY-NOVEMBER DECEMBER JANUARY Develop/Review Engage Submit Approve The Academic Calendar Oversight Committee will prepare draft academic calendars for two consecutive academic years. When a new draft is not being developed, the upcoming academic calendar will be reviewed. The Academic Calendar Stakeholder Engagement and Calendar Oversight Committees lead informational sessions and opportunities to collect stakeholder feedback that is inclusive of students, families,

community members and organizations, and District school and central office staff. In response to input and feedback from stakeholders, a final draft is prepared. The Chief Schools Office submits the academic calendar action item or amendment(s). The Board of Education reviews and approves the academic calendars for the next two (2) consecutive academic school years or proposed amendment(s). The approved calendars are communicated with families and staff on the District’s website. Example: Developing and Reviewing Academic Calendars through 2025 (process launches in April of each year) 2022 → Develop Calendar for school years 2023-24 & 2024-25 2023 → Review Calendar for school year 2024-25; if there are resulting changes, engage stakeholders and resubmit for BOE approval 2024 → Develop Calendars for school years 2025-26 & 2026-27 2025 → Review Calendar for school year 2026-27; if there are resulting changes, engage stakeholders and resubmit for BOE approval Page 3 of 5

Effective: Monthly Timeline Item When Action Draft Academic Calendar April Each year, the Academic Calendar Oversight Committee meets. Every other year, the committee prepares draft academic calendars for two consecutive academic years. Academic Calendar Background Information and Stakeholder Feedback May-June The Academic Calendar Stakeholder Engagement Committee leads sessions to provide background information about the purpose of the Academic Calendars, its contents, and the process for development with an explicit focus on inclusive practices that incorporate the histories and experience of our diverse students/communities. In addition, opportunities will be held to collect initial stakeholder feedback that is inclusive of students, families, community members and organizations, and District school and central office staff. Academic Calendar Oversight Committee Planning Meeting July-August The Academic Calendar Oversight Committee meets to

plan and prepare for continued stakeholder feedback and upcoming academic calendar timeline activities. Stakeholder Feedback & Survey September- October The Academic Calendar Stakeholder Engagement Committee leads opportunities for feedback and administers an academic calendar feedback survey to collect stakeholder feedback that is inclusive of students, families, community members and organizations, and District school and central office staff. Academic Calendar Feedback Review & Final Draft November Academic Calendar Oversight Committee reviews feedback and develops a final draft of the academic calendar.This final draft is shared with Chief Officers. Academic Calendar Action Item Submission* December The Chief Schools Office submits the academic calendar action item. Board Approval* January The Board of Education reviews and approves the academic calendars for the next two (2) consecutive academic school years at the January action meeting. The

approved calendars are communicated with families and staff on the District’s website. Communicate Academic Calendar February- March The academic calendar is posted online and shared with District families, staff, and community. *Note: Both of these actions occur every other year. Page 4 of 5

Effective: Related Information: 804 School Day 804 Emergency Preparedness 901 School-Community Relations Objectives 902 Publications Programs 102 Equity Framework Page 5 of 5