Title IX Non-Discrimination Notice

Title IX and Non-Discrimination Notice

Granite State Academy Online Program (GSAOP) is committed to providing an environment that is free from all forms of sex discrimination, which includes sex discrimination, sexual harassment (including sexual violence), as regulated by Title IX, and to ensuring the accessibility of appropriate grievance procedures for addressing all complaints regarding all forms of sex discrimination and sexual harassment. GSAOP reserves the authority to independently deal with sex discrimination and sexual harassment whenever becoming aware of their potential existence, regardless of whether a complaint has been lodged following the grievance procedure. GSAOP reserves the authority to address sex discrimination and sexual harassment even if the same, similar, or related circumstances are also being addressed under another policy, whether of GSAOP or another entity. Furthermore, GSAOP reserves the right to pursue sexual misconduct violations that fall outside the scope of Title IX based on GSAOP’s judgment that the alleged actions are contrary to any part of its code of conduct or employee handbook.

Sex Discrimination and Sexual Harassment means conduct of a sexual nature that meets any of the following:

• Sex discrimination occurs when a person, because of their sex, is denied participation in or the benefits of any education program or activity that receives federal financial assistance.
• Sexual harassment means conduct based on sex that satisfies one or more of the following:
  • A school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or
  • Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or
  • Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). Sexual harassment can be verbal, nonverbal, or physical.

GSAOP does not discriminate based on race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to designated youth groups (U.S. Department of Education, 2010). GSAOP does not discriminate based on race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to education, applications, and employment.

Any individual who believes they may have experienced any form of sex discrimination or sexual harassment, or discrimination based on race, color, national origin, sex, disability, or age or who believes they have observed such actions taking place, may receive information and assistance regarding GSAOP’s policies and reporting procedures from any of the following:

Title IX Coordinator

Jenny Thill
463.200.9389
JThill@K12.com
242 Suncook Valley Road
Alton, NH 03809

Additionally, you may contact the Office of Civil Rights (OCR) by calling 1.800.421.3481.

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg. 
400 Maryland Avenue, SW 
Washington, DC 20202-1100

A complaint may be filed with the OCR using its electronic complaint form.

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Title IX Grievance Procedure at GSAOP

Any student, parent/guardian, current or prospective employee or other individual within the school community who believes they have experienced and/or observed and/or is aware of sex discrimination or sexual harassment (“grievant”) should promptly report the matter to GSAOP’s Title IX Coordinator, a school counselor, principal, or other school administrator.

A “formal complaint” is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment. A “nonformal complaint” is any notification, regardless of whether by mail, telephone, or email, not utilizing the formal complaint form or not signed by a complainant or by the Title IX Coordinator.

Response to a Formal Complaint

In response to a formal complaint, GSAOP will follow the defined grievance process within this procedure. With or without a formal complaint, GSAOP, if it has actual knowledge of sexual harassment against a person in an education program or activity, will take specific steps such as offering supportive measures to the complainant to address student safety and provide equal access to the education program or activity while preserving the recipient’s discretion to address facts or circumstances present by a particular situation.

Complaints of alleged sex discrimination, including sexual harassment, brought forth by students, parents/guardians, current or prospective employees, and other members of the school community will be promptly investigated impartially and confidentially as reasonably possible so that corrective action can be taken if necessary.

Privacy Protections

GSAOP will never use or attempt to use questions or evidence protected by a legally recognized privilege unless the person holding the privilege waives the privilege.

GSAOP cannot unilaterally access or consider a party’s records if those records are made or maintained by a physician, psychiatrist, or other recognized professional and created to provide treatment to the party. These records can only be accessed with a party’s voluntary written consent.

During the grievance process, questions or evidence about the complainant’s prior sexual behavior—even with the respondent accused of sexual harassment, and even in cases where the respondent already possesses evidence about sexual history—are never deemed relevant, with only two narrow and limited exceptions.

The grievance procedures will be as follows

1.
It is the express policy of GSAOP to encourage the prompt reporting of claims of sex discrimination and/or sexual harassment. Once the school has “actual knowledge” of sexual harassment or allegations of sexual harassment, the school will respond within 24 hours. “Actual knowledge” means notice or allegations received by the Title IX Coordinator, a school official with the authority to institute corrective measures on behalf of GSAOP, or any school employee. GSAOP must treat a person as a complainant any time the school has notice that the person is alleged to be the victim of conduct that could constitute sexual harassment (regardless of whether the person themselves reported or a third party reported the sexual harassment) and irrespective of whether the complainant ever chooses to file a formal complaint. Further, it should be noted that there is no time limit or statute of limitations on a complainant’s decision to file a formal complaint.

2. When the complaint is filed, the grievant shall promptly be given a copy of these grievance procedures and a description of the supportive measures offered by GSAOP. A formal complaint form for such purpose can be found on our website and will also be provided to the grievant upon notification of such complaint. The Title IX Coordinator or designee is responsible for explaining these procedures and measures and answering any questions anyone has. Regarding students, in appropriate circumstances, due to the age of the student making the complaint, a parent/guardian or school administrator may be permitted to fill out the form on the student’s behalf. In addition, if the grievant is a minor student, the Title IX Coordinator should consider whether a child abuse report should be completed following GSAOP’s policy on the Reports of Suspected Child Abuse or Neglect of Children.

3. The Title IX Coordinator or designee shall investigate the complaint as promptly as practicable, but in no case more than ten (10) working days from the date the complaint was received. The Title IX Coordinator or designee shall have the complete cooperation of all persons during the investigation. 

4. The Title IX Coordinator will provide written notice to the parties identified in the complaint. The written notice will include the allegations and facts that may constitute sexual harassment, the presumption that the accused did not engage in prohibited conduct, notice that parties are entitled to an advisor of their choice, notice that parties can request to inspect and review certain evidence, a copy of the code of conduct, false statements (if any), the opportunity to engage in informal resolution, the right to appeal, the range of possible remedies and disciplinary sanctions following determination of responsibility, and which standard of evidence will be used to reach a determination.

5. The Title IX Coordinator or designee shall meet with all individuals reasonably believed to have relevant information, including the grievant and the individual(s) against whom the complaint was lodged and any witnesses to the conduct. The school shall conduct the investigation discreetly, maintaining confidentiality insofar as reasonably possible while conducting an effective investigation. The investigator will objectively evaluate all relevant evidence regardless of who it favors or disfavors. Where facts conflict, credibility determinations can be made. However, credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. Following the evaluation, the investigator will prepare an investigative report and will share the report with all parties before a determination regarding responsibility is reached.

6. Before sharing the investigation report, the Title IX Coordinator must provide all parties with a copy of the evidence used to form the basis of the report and allow all parties 10 days to submit a written response. All written responses received will be objectively reviewed and considered by GSAOP’s investigator before issuing the report. Further, the Title IX Coordinator must allow each party to submit written, relevant questions that a party wants to be asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party.

7. Finally, GSAOP’s identified decision-maker, not the Title IX Coordinator or investigator, will make a determination and provide a written determination of responsibility to both parties simultaneously. The written determination will include: 

• Identification of the allegations potentially constituting sexual harassment as defined in §106.30, 2027
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held
• Findings of fact supporting the determination
• Conclusions regarding the application of the recipient’s code of conduct to the facts
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant, and
• The recipient’s procedures and permissible bases for the complainant and respondent to appeal

8. If, after an investigation, the decision-maker determines that there is reasonable cause to believe that sex discrimination or sexual harassment in violation of the school’s policy has occurred, GSAOP shall take appropriate corrective action to ensure that the conduct ceases and will not recur. The Title IX Coordinator or designee shall also provide and/or arrange for support services that are individualized, non-disciplinary, non-punitive, protect the safety of all parties and the educational environment, deter harassment, and are not unreasonably burdensome. Such support services may include no-contact orders, academic accommodations, health and mental health services, disability services, confidential counseling, or training where appropriate.

Determination

GSAOP will consistently apply the same “standard of evidence” in all formal complaints to determine responsibility. Per Title IX regulations, there are two “standard of evidence” options:

• Preponderance of evidence—A majority of the evidence proves a fact; mathematically, it would be more than 50% of the evidence.
• Clear and convincing evidence—A heightened standard which requires more than a preponderance of evidence to prove a fact. One definition of clear and convincing evidence is: Something that is highly and substantially more probable than not.

GSAOP will apply the following “standard of evidence”—Clear and convincing evidence. The same standard of evidence for formal complaints will be applied for formal complaints against all parties, including but not limited to students, employees, and teachers.

Disciplinary Sanctions and Remedies

The school may implement a range of different disciplinary sanctions or remedies following a determination of responsibility. Due to the unique nature of the situation and individual needs, the following is a non-exhaustive list of possible actions:

• Support services may be warranted and may include no-contact orders, academic accommodations, health and mental health services, disability services, confidential counseling, or training where appropriate
• Verbal or written warning
• Altered schedules to eliminate interaction opportunities 
• Exclusions from certain school activities
• Access to recorded class sessions in lieu of live participation
• Suspension or expulsion

Appeal Process

Under §106.45(b)(1)(viii), all parties have the right to appeal for specified reasons. Appeals must be submitted within 30 school days following the initial determination. This equal right among the accuser and accused will promote a fair process that will benefit everyone and ensure parity between the parties. Thus, when a complainant or a respondent disagrees with a decision of responsibility, they have the right to appeal based on the following conditions:

(1) Procedural irregularity that affected the outcome;

(2) New evidence that was not reasonably available when the determination of responsibility was made that could affect the outcome; or

(3) The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome. 

Upon receipt of a written appeal request with evidence of one or more of the above conditions, the Title IX Coordinator will:

• Notify the parties in writing and implement appeal procedures equally,
• Provide both parties an equal opportunity to submit a written statement of support or disagreement to the appeal,
• Identify a new and impartial decision-maker to review the original and newly submitted evidence, and 
• After reviewing the new written statements, the new decision-maker will simultaneously issue a decision to the parties within 20 school days.

The determination regarding responsibility becomes final either on the date the investigator provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Where deadlines are set forth in the grievance process, a temporary delay of the grievance process or the limited extension of timeframes for good cause are permitted with written notice by the Title IX Coordinator to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a party or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

Record Retention

The Title IX Coordinator shall make all records of Title IX complaints and their disposition for a period of seven (7) years.

Retaliation

Retaliation against an individual for filing a complaint or cooperating in an investigation is strictly prohibited, and GSAOP will take actions necessary to prevent such retaliation.

Dissemination of Information

GSAOP must provide the name, title, and contact information of the identified Title IX Coordinator on the school’s website. Further, the school shall notify applicants for admission and employment, students, parents/guardians of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or other professional organizations with a collective bargaining agreement with the institution that it does not discriminate based on sex in the educational programs or activities which it operates, and that it is required by Title IX and its administrative regulations not to discriminate in such a manner. The notification shall be made in the form and manner required by law or regulation. 

Title IX Complaint Form [PDF]

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Family Education Rights and Privacy Act (FERPA)

FERPA provides parents and students over 18 years of age (“eligible students”) certain rights regarding students’ education records, including:

1. The right to inspect and review the student’s education records within 45 days of the day GSAOP receives a request for access. To request an inspection and review, the parent or eligible student should submit a written request to the academic administrator identifying the record(s) they wish to inspect. The academic administrator makes arrangements for access and notifies the parent or eligible student of the time and place where the records may be inspected.

2. The right to request an amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask GSAOP to amend a record they believe is inaccurate. They should write to the academic administrator, clearly identifying the part of the record they want changed and specifying why it is inaccurate. Suppose GSAOP decides not to amend the record as the parent or eligible student requested. In that case, GSAOP notifies the parent or eligible student of the decision and advises them of the right to a hearing regarding the request for amendment. When notified of the right to a hearing, additional information regarding the hearing procedures is provided to the parent or eligible student.

3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA allows disclosure without consent. One exception that permits GSAOP to disclose information without consent is when GSAOP discloses information to school officials with legitimate educational interests. A school official is a person employed by or contracted to provide services to or designated by the contractor to provide services to GSAOP as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the board of directors of the school; a person or company with whom GSAOP has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks. A school official has a legitimate educational interest if they need to review an education record to fulfill their professional responsibility. Upon request, GSAOP discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. 

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by GSAOP to comply with the requirements of FERPA. The Office that administers FERPA is:

Family Policy Compliance Office 
U.S. Department of Education 
400 Maryland Ave., SW 
Washington, DC 20202-4605

5. FERPA requires that GSAOP, with certain exceptions, obtain a parent’s or eligible student’s written consent before disclosing personally identifiable information from a child’s education records. However, GSAOP may disclose “directory information” without written consent unless the parent or eligible student has advised GSAOP in writing that they do not want all or part of the directory information disclosed. The method for objecting to the disclosure of directory information is specified below. The primary purpose of directory information is to allow GSAOP to include the following information from education records in certain school publications or disclose it to certain parties. Examples include:

• Shipment of a computer and school materials to and from the student’s home
• Entry of student enrollment information into a computer database for use by school officials 
• Sports activity sheets, such as for wrestling, showing the weight and height of team members

6. FERPA permits the disclosure of Personally Identifiable Information (PII) from students’ education records without consent of the parent or eligible student if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have the right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent from the parents or the eligible student:

• To other school officials, including teachers, within the educational agency or institution, whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom GSAOP has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B(l)-(a)(1)(i)(B)(3) are met. [§99. 31(a)(1)]; and/or
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled, if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. [§99.31(a)(2)].

Data Use and Governance Policy

The New Hampshire State Board of Education’s Data Use and Governance Policy is based upon, but not limited to, maintaining compliance with FERPA. This policy is also based on the knowledge that the appropriate use of data is essential for accelerating student learning, program and financial effectiveness and efficiency, and policy development.

This policy ensures that all data collected, managed, stored, transmitted, used, reported, and destroyed by the department is handled in a way that preserves and protects individual and collective privacy rights and ensures the confidentiality and security of the collected data.

Data Collection Process

The New Hampshire State Department of Education does not collect individual student data directly from students or families. This function is retained at the local school and system level through our state-funded and state-owned student data management system. Local school and system student data is transmitted daily to the state’s data management system, from which state and federal reporting is completed. Each student is assigned a unique student identifier upon enrollment into the student management system to ensure compliance with the privacy rights of the student and their parents/guardians. No personally identifiable individual student data is shared in either state or federally required reporting. 

Data Categories

All data elements collected and transferred to the U. S. Department of Education (USDOE) are based on the reporting requirements contained in EDFacts and include only aggregated data with no personally identifiable data. 

The USDOE uses this data for policy development, planning, and the management and monitoring of individual states’ federally funded programs under the Elementary and Secondary Education Act (ESEA). 

Data Security

Data collected by the ALSDE is maintained within a secure infrastructure environment within the department and in a remote location for backup. Access to data is limited to pre-identified staff who have been granted clearance related to their job responsibilities of federal reporting, state financial management, program assessment, and policy development. Training in data security and student privacy laws is provided to these specific individuals regularly to maintain their data use clearance, along with a signed Data Use Policy assurance of confidentiality and privacy.

External Data Requests

The ALSDE maintains an external data request procedure managed through a Data Governance Committee. Each external data request is measured against a pre-determined set of qualifiers, which includes, but is not limited to, applicability to the goals of the New Hampshire State Board of Education, data availability, report format ability, cost of report development, and adherence to FERPA requirements. 

Third-Party Data Use Assurances

The ALSDE provides one-way data feeds to approved service providers to carry out the New Hampshire State Board of Education goals. These data feeds are sub-sets of the data system limited by executed agreements or individual Memorandums of Use (MOU) that meet all state and federal privacy laws and re-disclosure assurances set by the state.

Local School and School System Data Use Compliance

All of New Hampshire’s Local Education Agencies (LEAs) shall have a locally adopted student records governance and use policy. The New Hampshire State Board of Education shall monitor these policies and their implementation as part of our comprehensive monitoring that requires annual assurances of compliance, on-site monitoring on a three-year cycle, or more often based on deficiencies noted in annual assurances or prior comprehensive monitoring cycles, and investigations of reported non-compliance activities.

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

PPRA affords parents of elementary and secondary students certain rights regarding conducting surveys, collecting and using information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:

• Consent is required before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the USDOE:

1. Political affiliations or beliefs of the student or the student’s parent;

2. Mental or psychological problems of the student or the student’s family; 

3. Sex behavior or attitudes;

4. Illegal, anti-social, self-incriminating, or demeaning behavior;

5. Critical appraisals of others with whom respondents have close family relationships;

6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers; 

7. Religious practices, affiliations, or beliefs of the student or student’s parent; or

8. Income, other than as required by law, to determine program eligibility.

• Receive notice and an opportunity to opt a student out of:

1. Any other protected information survey, regardless of funding; 

2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law or the Individuals with Disabilities Act; and

3. Activities involving collecting, disclosing, or using personal information collected from students for marketing, selling, or otherwise distributing the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

• Inspect, upon request and before administration or use:

1. Protected information surveys of students and surveys created by a third party; 

2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and

3. Instructional material used as part of the educational curriculum if the instructional material will be used in connection with any survey, analysis, or evaluation as part of any survey funded in whole or in part by a program of the USDOE. These rights are transferred from the parents to a student who is 18 years old or an emancipated minor under state law. 

GSAOP has developed policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. GSAOP will directly notify parents of these policies at least annually, at the start of each school year, and after any substantive changes. GSAOP will also directly notify parents of students who are scheduled to participate in the specific activities or surveys noted below, such as through U.S. mail or email. GSAOP will also provide an opportunity for parents to opt their child out of participating in the specific activity or survey. GSAOP will notify parents at the beginning of the school year if the district has identified the exact or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided with reasonable notification of the planned activities and surveys listed below and an opportunity to opt their child out of such activities and surveys. Parents will also be provided a chance to review any pertinent surveys.

Following is a list of the specific activities and surveys covered under this direct notification requirement: 

• Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
• Administration of any protected information survey not funded in whole or in part by USDOE.
• Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with: 

Family Policy Compliance Office 
U.S. Department of Education 
400 Maryland Avenue, SW 
Washington, D.C. 20202

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Children’s Online Privacy Protection Act (COPPA)

General Questions About the COPPA Rule