Non-Discrimination Statement

BPA is committed to a policy of nondiscrimination and equal opportunity for all students, parents, and other persons who participate or seek to participate in its programs and activities. BPA does not discriminate on the basis of race, color, creed, national origin, sex, disability, age, religion, or other class, status, or characteristic protected by applicable law. BPA also provides equal access to the Boy Scouts and other youth groups as required by law. Individuals with questions or complaints regarding the School’s nondiscrimination policies may contact the Principal, Deirdre McCullough, or the Title IX Coordinator, Patti Barrett, in person or in writing at 3201 Hwy 29 N, Belton, SC 29627, by phone at (864) 392-1173, or by email at pbarrett@beltonprep.us. Any person who is unable to resolve a complaint arising under any applicable nondiscrimination laws may contact the U.S. Department of Education, Office for Civil Rights, 400 Maryland Avenue, SW, Washington, DC 20202-1475; Telephone 1-800-877-8339; Email at OCR.DC@ed.gov.

Grievance Procedures and Process (Formal Complaint)

The grievance process will treat complainants and respondents equitably by providing remedies to the complainant where a determination of sexual harassment has been made against the respondent, and by following and completing the grievance process before imposing any disciplinary sanctions or other actions that are not supportive measures against the respondent. In every case, it is presumed the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Formal complaint

A formal complaint is required to initiate the grievance process to investigate and adjudicate allegations of sexual harassment against a respondent. The School will follow this grievance procedure when a complainant files a formal complaint requesting an investigation, or when the Title IX Coordinator determines an investigation is necessary.

A formal complaint must be in writing, signed by the complainant, and filed with the Title IX Coordinator. A formal complaint may be filed with the Title IX Coordinator in person, or by using the e-mail address or by mail to the office address listed for the Title IX Coordinator. A formal complaint should include the following information to the extent it is known: (i) the complainant’s name and contact information; (ii) the name or identity of the respondent; (iii) a description of the nature of the alleged conduct or incident; and (iv) the date, time, and location of the alleged conduct or incident. A formal complaint may be filed in any written form that is signed by the complainant.

The School will respect the complainant’s decision with respect to whether or not to file a formal complaint. However, if the Title IX Coordinator determines it is clearly unreasonable for the School not to investigate the reported incident in light of the known circumstances, the Title IX Coordinator should initiate the grievance process by preparing and signing a written formal complaint alleging sexual harassment against a respondent. The Title IX coordinator is not the complainant or otherwise a party in such circumstances (the complainant is the party).

The Title IX Coordinator, in his/her discretion, may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Investigators / Decision-Makers / Conflicts of Interest

As soon as practicable, but not more than five (5) days after receiving a formal complaint, the Title IX Coordinator will designate School personnel who have completed the required Title IX training to serve as the investigator and decision-maker in each case. The investigator and decision-maker cannot be the same person or the Title IX Coordinator.

The Title IX Coordinator will consider potential conflicts of interest or bias when designating an investigator, decision-maker, or informal resolution facilitator. A party may notify the Title IX Coordinator in writing if he/she believes an investigator, decision-maker, or informal resolution facilitator has a conflict of interest or bias in a particular case. Conflicts of interest or bias may arise out of, but are not limited to, relationships between the parties (e.g., teacher/student, supervisor/employee, or current or prior personal relationships) or a history of prior conflict.

If the Title IX Coordinator is found to have a conflict of interest or bias, the Principal shall designate another School employee who has completed the required Title IX training to perform the responsibilities of the Title IX Coordinator. If the investigator, decision-maker, or informal resolution facilitator is found to have a conflict of interest or bias, the Title IX Coordinator shall designate another School employee who has completed the required Title IX training to perform the responsibilities of that individual.

Written Notice / Response

As soon as practicable, but not more than five (5) days after receiving a formal complaint, the Title IX Coordinator will provide the following written notice to all the parties who are known:

(i) notice of the grievance process (including the informal resolution process);

(ii) notice of the allegations of sexual harassment that includes sufficient details known at the time (including, but not limited to, the identities of the parties involved in the alleged incident, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident);

(iii) a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

(iv) notice that the parties may have an advisor of their choice (who may be, but is not required to be, an attorney employed at the party’s own expense), present during any subsequent proceedings;

(v) notice that the parties (and/or their advisors) may inspect and review evidence (as set forth herein);

(vi) notice of any provision of the code of conduct that prohibits knowingly making false statements or submitting false information during the grievance process; and

(vii) the names and contact information for the investigator and the decision-maker.

This notice must be delivered to the parties prior to any meeting, interview, or other investigation proceeding. The Title IX Coordinator may deliver the notice to the parties in person, by certified mail (return receipt requested), or by any other means evidencing delivery and receipt by the party. Within five (5) days after receipt, the respondent may submit a written response to the allegations.

If, in the course of an investigation, the School decides to investigate allegations about the complainant or respondent that were not included in the Title IX Coordinator’s written notice, the Title IX Coordinator will provide written notice of the additional allegations to the parties who are known. The School may investigate additional allegations about the complainant or respondent pursuant to any applicable School policies and procedures governing discrimination, harassment, retaliation, or other employee or student conduct and discipline.

Burden of Proof / Evidence

The School will apply the preponderance of the evidence standard to determine responsibility. The burden of proof and of gathering evidence sufficient to reach a determination regarding responsibility rests on the School and not on the parties. All relevant evidence (including both inculpatory and exculpatory evidence) must be objectively evaluated. Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

The School will not require, allow, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege unless the person holding such privilege has voluntarily waived the privilege in writing. The School will not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in such capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the School obtains that party's voluntary, written consent to do so for a grievance process under this section.

No Hearings / Advisors

The School will not provide hearings at any stage of the grievance process.

The parties may have an advisor of their choice present during any stage of the grievance process (provided, however, students cannot serve as advisors in any case). A party’s advisor may be, but is not required to be, an attorney. The parties shall be responsible for all costs and expenses associated with their advisors. The School will not provide or pay for any advisors. School employees who serve as advisors must do so during non-school and non-work hours, except when attending meetings, interviews, or other grievance proceedings scheduled during the school day or work hours. All advisors must comply with these policies and procedures, including, but not limited to, confidentiality requirements. Any advisor found to have violated any confidentiality requirements, or to have engaged in retaliation or other inappropriate conduct, may be prohibited from participating in any current or future grievance proceedings. Any employee acting as an advisor who is found to have violated any confidentiality requirements, or to have engaged in retaliation or other inappropriate conduct, may also be subject to disciplinary action consistent with applicable staff conduct and discipline policies.

Timeframes / Extensions

The School will endeavor to complete the grievance process within sixty (60) days.

A party, investigator, decision-maker, or informal resolution facilitator may submit a written request for an extension or delay to the Title IX Coordinator, which must include the reason(s) for the requested extension or delay. The Title IX Coordinator has discretion to allow limited extensions or temporary delays of the established deadlines and timeframes for good cause on a case-by-case basis. A limited extension or temporary delay may be required for good cause to ensure the integrity and thoroughness of the investigation, in response to the unavailability of a party or witness, or for other legitimate reasons (e.g., intervening breaks in the school calendar, the complexity of the investigation, the volume of evidence, or the severity and extent of the alleged misconduct). The Title IX Coordinator shall provide written notice to the parties that sets forth the request, whether it is granted or denied, the length of the extension or delay (if granted), and the reasons for the decision. While requests for extensions or delays may be considered, the School will not unreasonably delay the prompt resolution of a complaint.

Dismissal of Complaint

At any time during the grievance process, the Title IX Coordinator must dismiss a formal complaint with regard to the alleged conduct for purposes of sexual harassment if it is determined:

(a) the alleged conduct would not constitute sexual harassment as defined under Title IX even if proved;

(b) the alleged conduct did not occur in the School’s education program or activity; or

At any time during the grievance process, the Title IX Coordinator may dismiss a formal complaint or any allegations therein if:

(a) the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;

(b) the respondent is no longer enrolled or employed by the School; or

(c) specific circumstances prevent the School from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon the dismissal of a formal complaint or any allegations therein, the Title IX Coordinator will promptly and simultaneously send written notice to the parties of the dismissal and the reasons therefor. The dismissal may be appealed as provided herein.

A dismissal will not preclude the School from investigating the alleged conduct under other policies and administrative rules governing discrimination, harassment, retaliation, or other employee or student conduct and discipline as applicable under the circumstances.

Investigation

After the deadline for respondent to submit a written response to the allegations, the Title IX Coordinator will provide the investigator copies of the complaint, any written response, and other documents and information related to the complaint. The investigator will promptly initiate the investigation and will endeavor to complete the investigation within fifteen (15) days. When investigating a formal complaint, the investigator:

(i) will interview the parties and witnesses, and will gather other evidence related to the allegations of the complaint;

(ii) will ensure the burden of proof and gathering of evidence rests on the School and not the parties;

(iii) will provide an equal opportunity for the parties to present witnesses and other inculpatory and exculpatory evidence;

(iv) will not restrict the ability of either party to discuss the allegations under investigation or gather and present relevant evidence;

(v) will refrain from requiring, allowing, relying upon, or otherwise using questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege unless the person holding such privilege has voluntarily waived the privilege in writing;

(vi) will provide the parties with the same opportunities to have others present during interviews, meetings, or other investigation proceedings, including the opportunity to be accompanied by the advisor of their choice (who may be, but is not required to be, an attorney employed at the party’s own expense), and will not limit the choice or presence of the advisor for either party; and

(vii) will provide parties and/or witness whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all investigative interviews, meetings, or other proceedings with sufficient time for the party or witness to prepare to attend and participate.

Upon completing the investigation, but before completing the investigation report, the investigator will provide all parties up to ten (10) days to review and submit a written response to any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint, including evidence the School does not intend to rely on in reaching a determination regarding responsibility, and inculpatory and exculpatory evidence, whether obtained from a party or other source. The investigator will consider the parties’ responses (if any) prior to completing the investigation report. Within five (5) days after the response deadline, the investigator will complete a final investigation report that fairly summarizes the relevant evidence, including, but not limited to, relevant: dates; allegations; witness statements and other evidence; policies, procedures, and similar authorities; findings of fact, conclusions, and recommendations.

The investigator will provide the final investigation report and evidence to the Title IX Coordinator in an electronic format or a hard copy (as directed by the Title IX Coordinator). The Title IX Coordinator will simultaneously send a copy of the final investigation report to each party and the party’s advisor (if any), and will send copies of the investigation report, complaint, and evidence gathered during the investigation to the designated decision-maker.

Determination of Responsibility

The decision-maker is responsible for weighing the relevant evidence and making a determination regarding responsibility. Before making a determination, the decision-maker shall afford the parties up to ten (10) days to review the investigation report and to submit written, relevant questions the party wants asked of any other party or witness. The decision-maker will review the questions and submit relevant questions to the responding party or witness and will determine a reasonably prompt timeframe for the responding party or witness to submit written responses based on the nature and number of the questions submitted. The decision-maker will promptly compile and provide the parties with copies of the written answers to all the questions and allow reasonable time for additional relevant follow-up questions from each party.

Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove 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 must provide the party proposing the questions with a written explanation of any decision to exclude a question as not relevant. Parties may not challenge the decision-maker’s relevancy determinations, except on appeal.

The decision-maker will apply the preponderance of the evidence standard to make a determination regarding responsibility, and will issue a written determination that will include the following:

(i) identification of the allegations potentially constituting sexual harassment;

(ii) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;

(iii) findings of fact supporting the determination;

(iv) conclusions regarding the application of the School’s applicable code of conduct to the facts; and

(v) a statement of, and rational for, the result as to each allegation, including a determination of responsibility, whether any disciplinary sanctions will be imposed on the respondent, and whether remedies designed to restore or preserve equal access to the School’s education program or activity will be provided to the complainant.

The decision-maker will provide the final written determination to the Title IX Coordinator. The Title IX Coordinator will send the final written determination to the parties simultaneously, along with information about the procedures and permissible grounds to file an appeal.

If no appeal is timely filed, the written determination of responsibility becomes final as of the date on which an appeal would no longer be considered timely. If a timely appeal is filed, the determination of responsibility becomes final on the date the Title IX Coordinator provides the parties with the written determination of the result of the appeal.

Appeals

A complainant or respondent may file a written appeal with the Title IX coordinator within five (5) days after receipt of the decision maker’s final written determination or receipt of a written notice of dismissal of a formal complaint or any allegations therein. The appeal must include a written statement of the grounds for appeal. A party may appeal on the following grounds:

(i) a procedural irregularity that affected the outcome of the grievance;

(ii) an erroneous exclusion of questions or evidence based on relevance or other grounds that could affect the outcome of the grievance;

(iii) new evidence that was not reasonably available at the time the complaint was dismissed or the final determination regarding responsibility was made that could affect the outcome of the grievance; or

(iv) the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally, or for or against the specific complainant or respondent, that affected the outcome of the grievance.

The Principal (or designee) shall serve as the decision-maker on the appeal. The decision-maker on the appeal cannot be the same person as the Title IX Coordinator, the investigator, or the decision-maker who made the initial determination of responsibility.

Within five (5) days after receipt of the appeal, the Title IX Coordinator will simultaneously send the parties written notice of the appeal, including the grounds for the appeal, appeal procedures, and name and contact information of the decision-maker on appeal. Within five (5) days after receipt of the appeal notice, the appealing party may submit a written statement in support of the appeal. Within five (5) days after receipt of the appealing party’s written statement (or deadline to submit a written statement), the responding party may submit a written response to the appeal.

The Title IX Coordinator will send the appeal documents, formal complaint, written response to the complaint, investigation report, written determination, and any other relevant materials to the Principal (or designee). Within ten (10) days, the Principal (or designee) will review the record and issue a written appeal determination to the Title IX Coordinator. The Title IX Coordinator will simultaneously send the appeal determination to the parties with notice that the appeal determination constitutes the final decision in the grievance process.

Remedies

If a respondent is found to be responsible for sexual harassment, the School will implement remedies for the complainant. Remedies will be designed to restore or preserve the complainant’s equal access to the School’s education program or activity. The Title IX Coordinator will be responsible for the effective implementation of any remedies, including, but not limited to, disciplinary actions and supportive measures. Remedies may include, but are not limited to, the same individualized services described as supportive measures; however, remedies need not be non-disciplinary or non-punitive in nature and need not avoid burdening the respondent. Disciplinary or punitive remedies may not be implemented against a respondent until after the written determination becomes final. Employees found to be responsible for sexual harassment may be subject to disciplinary actions, up to and including termination, consistent with applicable employee conduct and discipline policies.

Informal Resolution

After a formal complaint has been filed, and any time prior to issuance of the final written determination of responsibility, the School may facilitate an informal resolution process that does not involve a full investigation and adjudication of the formal complaint. The informal resolution process seeks to facilitate the resolution of a formal complaint by providing the parties an opportunity to voluntarily resolve the formal complaint allegations.

The Title IX Coordinator will evaluate the case to determine if it may be appropriate for informal resolution. Any party may also submit a written request for informal resolution to the Title IX Coordinator. Informal resolution is generally available in those cases where the Title IX Coordinator, based on review of the complaint and available evidence, believes the allegations are appropriate for resolution through an informal process, and all parties voluntarily agree to participate; provided, however, informal resolution is not available and will not be offered in any cases involving allegations that an employee sexually harassed a student.

When the Title IX Coordinator believes the formal complaint is appropriate for informal resolution, he/she will contact the parties to offer the informal resolution option, and will provide the parties with written notice that includes the following information and terms:

(i) allegations of the formal complaint (if not previously provided);

(ii) name and contact information of the facilitator (if not the Title IX Coordinator);

(iii) the facilitator is a neutral whose function is to assist the parties in resolving the allegations, and will not function as a representative or advocate for any party;

(iv) only the parties and their advisors may participate;

(v) all parties voluntarily consent to participate;

(vi) all parties agree to participate in good faith and to work constructively toward a mutually acceptable resolution;

(vii) the grievance process with respect to the formal complaint will be suspended pending completion of the informal resolution process;

(viii) at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process;

(ix) all communications and information a party shares with the facilitator will be kept confidential and will not be disclosed to the investigator or decision-maker;

(x) if informal resolution is successful, the facilitator will prepare, and the parties will sign, an agreement specifying the allegations resolved and the agreed actions, which will preclude resuming a formal complaint arising from the same allegations;

(xi) if informal resolution is not successful as to any or all allegations, the School will resume the grievance process with respect to the formal complaint.

If all the parties agree to participate in the informal resolution process, each party will be required to provide his or her written consent by signing the notice. Upon receipt of the signed agreement from all parties, the Title IX Coordinator will initiate the informal resolution process.

The Title IX Coordinator will serve as the informal resolution facilitator. The Title IX Coordinator will determine the appropriate format and procedures on a case-by-case basis. At any time during the informal resolution process, the facilitator may declare an impasse as to all or any of the allegations, upon which the School will resume the grievance process with respect to the formal complaint allegations that have not been successfully resolved by agreement.

All parties must mutually agree in writing to any informal resolution. The agreement will be binding on the parties. The agreement will be implemented by the Title IX Coordinator.

In order to maintain the integrity of the informal resolution process apart from the formal grievance process, the facilitator will maintain all notes, documents provided by the parties, agreements, and other documents in a separate file that will not be shared with investigators or decision-makers.

Administrative Leave

Based on a report or formal complaint of sexual harassment, the School may place an employee respondent on administrative leave during the pendency of the grievance process.

Confidentiality

The School will make reasonable efforts to safeguard an individual’s privacy and protect from disclosure the identity of individuals who make a report or file a formal complaint of sexual harassment, complainants, respondents, and witnesses, except as necessary to carry out its obligations under Title IX, the grievance process, or as may be required by law. Information related to a report or formal complaint of sexual harassment may be shared with School employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report or complaint. The privacy of student education records will be protected in accordance with School policy, the Family Educational Rights and Privacy Act (FERPA), and other applicable privacy laws. Employee records will be protected in accordance with School policy and applicable privacy laws. The disclosure of confidential information in violation of this provision may result in disciplinary action, up to and including termination.

Retaliation

BPA prohibits retaliation against any student, employee, or other person who has made a report, filed a complaint, or participated in any investigation or grievance proceeding concerning alleged sexual harassment. Retaliation includes, but is not limited to, any form of intimidation, threats, coercion, reprisal, or harassment. Any person may report retaliation in person or by mail, telephone, e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Any School employee with actual knowledge or notice of retaliation must promptly report to the Title IX Coordinator. Employees found to have engaged in retaliation may be subject to disciplinary action, up to and including termination.

False Reports

Any employee who makes a report or formal complaint of sexual harassment or allegations of sexual harassment that are later found to have been intentionally false or made maliciously without regard for truth may be subject to discipline, up to and including termination. This provision does not apply to reports or formal complaints made in good faith, even if the allegations are not substantiated by subsequent investigation. A determination regarding responsibility alone is not sufficient to conclude any party made a materially false statement in bad faith.

Recordkeeping

The School will maintain for seven (7) years records and documentation concerning sexual harassment reports, formal complaints, investigations, determinations of responsibility, supportive measures, disciplinary sanctions imposed on the respondent, any remedies provided to the complainant, any appeals, and any informal resolution proceedings.