Highlights of the New Title IX Process:

Title IX Coordinator:
Mallie Shaw
Director of Federal Programs
62 Holly Ave
Denmark SC  29042

mshaw@bambergschools.org
803.793.3346, ext. 2021

Title IX Regulations

The District, as required by Title IX of the Education amendments of 1972 and its corresponding regulations (“Title IX”), does not discriminate on the basis of sex in its education programs or activities. Title IX prohibits gender-based harassment, which, may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex even if those acts do not involve conduct of a sexual nature. The District prohibits discrimination and harassment on the basis of sex or gender in all of its programs and activities by its employees, students or third parties.

Notifications

  • Bamberg County School District does not discriminate on the basis of sex.
  • The requirement not to discriminate based on sex extends to admission and employment
  • Inquiries should be referred to the Title IX Coordinator

District Employees or Designees Involved in the Process

  • Title IX Coordinator: Coordinates the process
  • Investigator: Actively investigates, collects evidence, writes the report
  • Decision Maker: Makes the final decision
  • Appeals Facilitator: Considers reasons for the appeal
  • Informal Resolution Facilitator: Works with the opposing parties to come to an agreeable solution

Definitions of Important Terms

  • Sexual Discrimination
  • Unfair, unjust, or prejudicial treatment of a person related to a person’s: Sex--including gender identity, Sexual orientation, Pregnancy, childbirth, or related medical conditions in any aspect of employment including: Hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

Sexual Harassment

Unwelcome (verbal, nonverbal, or physical) conduct related to a person’s sex (including gender identity, sexual orientation, and pregnancy, childbirth, or any related medical conditions)
that interferes with a staff member’s work performance, or creates an intimidating, hostile, or offensive work environment.

Complainant

Person who complains or makes an allegation about misconduct or wrongdoing about someone else

Respondent

The person who is accused of committing a crime or other wrongdoing

Formal Investigation Process

  • The District must provide proof in making the decision
  • The District must provide an equal opportunity for parties to present witnesses and evidence
  • The District must conduct investigative interviews
  • The District must provide both parties equal opportunity to review all evidence directly related to the case
  • The District must prepare a written investigative report
  • Each party has 10 days to respond to the report and submit questions to be asked of another party or witness
  • Each party must be provided with written answers to questions
  • Time must be provided for limited follow-up questions

The Formal Report

  • Identifies allegations that constitute sexual harassment
  • Describes steps taken throughout the investigation
  • Identifies findings of facts that support the determination
  • Includes the application of the District’s Code of Conduct or policies related to the facts
  • Includes a statement of and rationale for the result of each allegation
  • Includes procedures for complainant and respondent for the purpose of appeal
  • Explains why some questions may have been excluded or irrelevant

Appeals Process

  • Within 10 days of receipt of determination, each party may appeal for the following reasons:
  • A procedural problem occurred
  • New evidence not available at the time could affect the outcome
  • There was a conflict of interest by:
  • Title IX Coordinator
  • Coordinator
  • Decision maker

Reporting

  • Members of the community are encouraged to report incidents of sexual discrimination, harassment, or retaliation to the Title IX Coordinator, principal, or other District official.
  • Reports may be made orally or in writing
  • Should be made within 2 working days

Informal Complaint Procedure

Purpose:

  • Resolve complaints quickly, efficiently, and to the mutual satisfaction of all parties.
  • Remediation is a voluntary process to discuss their respective understandings of the incident with each other through the assistance of a trained mediator.
  • Mediation should take place within 5 days of the date the respondent is informed of the allegations.

Retaliation

  • A distinct violation of policy for any member of the district community to retaliate against any person who reports alleged sexual discrimination or harassment or against any person who testifies, assists, or participates in an investigation, proceeding, or hearing relating to such discrimination or harassment.
  • Includes intimidation, reprisal, or harassment
  • Reprimanding a staff member
  • Giving a performance evaluation that does not reflect job performance
  • Transferring a staff member to a less desirable position, increasing scrutiny or making a staff member’s work more difficult

Policies and Forms for Your Review and Use

  • GBAA: Sexual Discrimination, Harassment, and Retaliation
  • GBAA-R: Administrative Rule
  • GBAA-E (1) Sexual Discrimination, Harassment, and Retaliation Complaint Process
  • GBAA-E (2) Sexual Discrimination, Harassment and Retaliation Complaint Form
  • GBAC: Discrimination, Harassment and Retaliation
  • GBAC-R: Administrative Rule
  • GBAC-E (1): Discrimination, Harassment and Retaliation Complaint Form
  • GBAC-E (2): Discrimination, Harassment and Retaliation Complaint Process
  • JIAA: Student Sexual Discrimination and Harassment and Retaliation
  • JIAA-R: Student Sexual Discrimination and Harassment and Retaliation Regulation
  • JIAA-E (1) Sexual Discrimination, Harassment and Retaliation Complaint Form
  • JIAA-E (2) Sexual Discrimination, Harassment and Retaliation Complaint Process
  • JIAB: Student Discrimination, Harassment and Retaliation 
  • JIAB-R: Administrative Rule
  • JIAB-E (1) Student Discrimination, Harassment and Retaliation Complaint Form
  • JIAB-E (2) Student Discrimination, Harassment and Retaliation Complaint Process

See the Board Policy Manual for these policies: https://www.boardpolicyonline.com/?b=bamberg_consolidated&s=1297681 

 

Title IX Coordinator Training Materials: https://icslawyer.com/posting-for-review-2022-k-12-title-ix-coordinator-training/

 

Questions?

You may contact Mrs. Shaw with questions.

Title IX Coordinator
Mallie Shaw

Director of Federal Programs

62 Holly Ave

Denmark SC  29042

mshaw@bambergschools.org

803.793.3346,  ext. 2021