Title IX

Title IX and Sex Discrimination

What Is Title IX?

Title IX section of the Education Amendments of 1972, codified at 20 U.S.C. §1681, (“Title IX”) is a federal law that prohibits sexual discrimination in all educational programs and activities. Title IX’s purpose is to ensure that people are not sexually harassed or discriminated against based on gender in any educational program or activity operated by the School. This law protects all participants in the School’s/NACA’s educational program and activities including students, employees, and teachers.

Examples of the types of discrimination that are covered under Title IX include but are not limited to: sex-based harassment (defined below), sexual violence, pregnancy discrimination, failure to provide equal athletic opportunity, discriminatory application and/or enforcement of dress code, and retaliation.

Sexual violence encompasses conduct that is criminal in nature such as rape, sexual assault, stalking, child sexual abuse, sexual exploitation, human trafficking, unwanted sexual contact, sexual harassment, exposure, and similar offenses. Criminal sexual violence against students needs to be reported to the APS School Police Department and the district’s Title IX Director in the APS’s Equal Opportunity Services. The initiation of a criminal complaint does not mitigate the district’s/APS’s obligation to complete a prompt and equitable resolution of every complaint alleging sex discrimination.

Sexual harassment generally falls into one of these three categories: quid pro quo, hostile environment, and retaliatory harassment.

Quid pro quo sexual harassment occurs when an individual explicitly or implicitly conditions another individual’s participation in an activity or program based on the victim’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature, whether or not the victim submits to the conduct. This generally, but not always, involves a person in an authority position over a subordinate.

Hostile environment harassment generally occurs when unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature by a student, employee or a third party are sufficiently severe, persistent or pervasive so as to limit the individual’s ability to participate in or benefit from a program or activity or to create a hostile or abusive educational environment.

Retaliatory harassment occurs when an adverse educational or employment action is taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.

Examples of sexual harassment include:

• unwelcome pressure for sexual activity;
• unwelcome sexually motivated or inappropriate physical conduct;
• unwelcome verbal or written words or symbols related to someone’s gender;
• use of authority to coerce sexual favors…

Sexual harassment may also be considered a criminal offense under state and local assault and child abuse laws. If the person subjected to the behavior feels intimidated, uncomfortable or threatened, it can be considered sexual harassment even if the harasser did not intend for their actions to be offensive. Whether the harasser and the victim are of the same or different gender is immaterial.

Title IX requires a School to address sexual harassment in its education program or activity regardless of the method harassment is carried out by, or whether the School knows who the alleged harasser is. Digital and online sexual harassment in the School’s program or activity is encompassed by Title IX.

Discrimination and/or harassment is considered to have occurred when such conduct:
• has the purpose or effect of creating an intimidating, hostile or offensive academic environment,
• has the purpose or effect of substantially or unreasonable interfering with a victim’s performance, or
• otherwise adversely affects an individual’s academic opportunities.

NACA does not discriminate on the basis of sex and prohibits discrimination, which includes sexual harassment, sexual misconduct, and sexual violence in all of the program and activities it operates. Any report of gender/sex discrimination under Title IX made to an employee shall be addressed by school administration and reported to the Title IX Director at the Albuquerque Public School’s Equal Opportunity Services.

Title IX Complaint Process

NACA’s main point of contact for Title IX complaints and investigations is NACA’s Executive Director, Mr. Zane Rosette at (505) 266-0992 x1105 or [email protected]. Contact NACA’s Executive Director or any of NACA’s Heads of Schools if you need to verbally report allegations of Title IX violations. Written complaints can be submitted to NACA or to APS directly. NACA complaint form is provided at the end below. APS’s Title IX complaint form is available at https://www.aps.edu/equal-opportunity-services/report-a-concern/ .

APS’s point of contact for Title IX enforcement is its Title IX Coordinator within APS’ Equal Opportunity Services division. Only written complaints can be made to APS’s Title IX Coordinator’s Office. APS uses separate student complaint form and resources from employee complaint form and resources.

If the student files a written complaint, the School/NACA must investigate using a grievance process that complies with Title IX regulations. The School must complete this process before it can discipline or take other actions that are not supportive measures against the alleged perpetrator of misconduct.

Who May File a Complaint and Where?

Students, parents, or legal guardians who believe their student has been subjected to Title IX discrimination and/or harassment by a student, teacher, administrator, other school personnel, or third parties should report the incident/s immediately to a NACA’s Executive Director, Head of School, and/or Dean of Students. Complaints can be made to other school staff such as a teacher or counselor. Complaints may also be reported directly to APS’s Title IX office.

NACA’s Executive Director
Mr. Zane Rosette, Executive Director
NACA
1000 Indian School Rd. NW
Albuquerque, NM 87104
(505) 266-0992 x1105
[email protected]

Albuquerque Public Schools’ Title IX Coordinator:
Ms. Heather Cowen, Director
Equal Opportunity Services and Title IX
Office for Civil Rights
P.O. Box 25704
Albuquerque, NM 87125-0704
(505) 855-9831
[email protected]

Student complaints may also be filed with the United States Department – Office for Civil Rights:

Office for Civil Rights
Denver Office
Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

Employees Complaints may also be filed with the New Mexico Human Rights Bureau or the

United States Equal Opportunity Commission:

New Mexico Human Rights Division
1595 Pacheco St., Suite 103
Santa Fe, NM 87505
https://www.dws.state.nm.us/Filing-a-Charge-of-Discrimination

School official who receives a Title IX complaint from a student(s), parent(s), legal guardian(s), employee(s), or third parties must report the alleged allegation(s) to a school administrator such as Executive Director, Heads of School, and/or Dean of Students. This school administrator will report the incident(s) to the APS’ Title IX office.

All APS employees who become aware of allegations of Title IX violations toward a student, whether by witnessing the incident or being told about it, must report to their immediate supervisor or to APS Title IX office.

When the district becomes aware of the existence of an alleged Title IX harassment or discrimination, it is obligated by law to take prompt and appropriate action, whether or not the victim wants to proceed with an investigation or not.

NACA’s Grievance Process, Including Investigation

1. Verbal complaints are recorded and the Complainant is asked whether they want to file a formal complaint (written complaint with supporting documentation).

2. All formal complaints, regardless if filed at the outset of the allegations report or later in the process, are investigated under the investigation process based on Title IX rules and process.

3. Informal resolution may be appropriate when conduct involved is not serious or repetitive and disciplinary action is not required to remedy the situation. The determination is made by the Executive Director, administrator, or designee. The Executive Director, administrator, or designee documents informal resolution and forwards a copy of documentation denoting the informal resolution to APS’s Title IX Director at the Equal Opportunity Services within three (3) business days of such resolution. Complainant can end the informal resolution process at any time to pursue a formal complaint process.

4. Initiation of the formal complaint procedure requires filling a written complaint. Formal complaints must be submitted in writing within 180 days from the date of alleged act(s), in accordance with timelines set forth by the APS Office of Civil Rights, unless the time for filing is extended by the APS Office of Equal Opportunity Services for good cause.

5. APS Office of Equal Opportunity Services normally delegates Title IX investigations to Schools. Once NACA’s Executive Director is notified of the Title IX complaint, the Executive Director shall promptly select an investigator among the Heads of Schools or the Dean of Students.

6. The assigned NACA Investigator shall discuss Supportive Measures with the impacted parties to help enable continuation of educational programs and activities without further sexual discrimination, sexual harassment, or other forms of sexual violence. Supportive Measures may include, but are not limited to counseling, deadline extensions, other course-related adjustment, modifications of class or work schedules, changes in locations, leaves of absence, increased security and monitoring, etc.

7. The Investigator will gather evidence within a reasonable time fame that is appropriate for the volume of evidence and severity and/or impact of misconduct.

8. Once the Investigator has finished gathering evidence, the Executive Director will review the evidence uncovered and summarized by the Investigator. Both the Complainant (person who reported allegations) and the Respondent (person accused of misconduct) shall be given the opportunity to respond to the other party’s arguments and evidence.

9. If the Complainant is not the actual Victim, the Victim will also be given the opportunity to address the evidence and assertions made by the other parties and to provide their own statement and evidence. Investigators will coordinate the process for gathering statements and replies by the Complainant, Respondent, and Victim.

10. Upon review of all evidence and statements, the Executive Director will review them and decide whether a violation/s had occurred.

11. Complainant and Respondent will be notified of the Executive Director’s determination and investigation’s outcome. Reporting will be done as appropriate. If there has been a violation, sanctions will be imposed.

12. Either Complainant or Respondent may appeal in accordance with the appellate rules and guidelines published at the APS Title IX Office.

Legal References:
• Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• The Family Educational Rights and Privacy Act
• New Mexico Human Rights Act (NMSA § 28-1-7)
• Children's Code Article 4: Child Abuse and Neglect, 32A-4-1 through 32A-4-34

NACA's Title IX Complaint Form