Home Title IX Complaint Procedure
Who May File a Complaint: Any student, employee, or third party who believes he/she/they has been discriminated against or harassed by a student, employee, or third party in violation of the Title IX Nondiscrimination Policy adopted by the Park Day School on April 30, 2020.
All responsible employees are required to report all actual or suspected sexual misconduct to the Title IX Coordinator immediately. A responsible employee is any employee who has the authority to take action to redress sexual misconduct, who has been given the duty of reporting incidents of sexual misconduct to the Title IX Coordinator, or whom a student or employee could reasonable believe has this authority or duty. The School is on notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the sexual misconduct. The School treats all faculty and staff as responsible employees.
Where to File a Complaint: A student, employee, or third party who believes he/she/they has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing to the School’s Title IX Coordinator.
Title IX Coordinator Contact Information: Arjuna Sayyed Director of Equity and Inclusion 360 42nd Street, Oakland, CA 94609 510.653.0317 x104 arjuna.sayyed@parkdayschool.org
The Title IX Coordinator will receive all relevant details about the alleged violation in order to determine what occurred and how to resolve the situation. This includes the names of alleged victim and alleged perpetrator (if known), and the date, time, and location of the alleged violation.
Privileged or Confidential Reporting: A School employee should, whenever possible, before a student or employee reveals information that he/she/they may wish to keep confidential, ensure that the person making the report understands the employee’s obligations to report to the Title IX Coordinator, the victim’s option to request confidentiality, which the School will take into consideration, and the victim’s ability to share the information confidentially with designated School employees.
Filing a Timely Complaint: Since failure to report harassment and discrimination impedes the School’s ability to stop the behavior, the School strongly encourages anyone who believes they are being harassed or discriminated against to file a complaint. The School also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the School’s ability to investigate and remediate.
The School will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the school’s programs or activities.
Communicating that the Conduct is Unwelcome: The School encourages students and employees to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste, or inappropriate. This is not required.
Authority over Parties: The School has authority over students, employees, and third parties for alleged violations of this policy that occur on School property. The School has authority over School employees and students for alleged violations of this policy that occur at School activities or events. The School may exercise authority over events that occur off-campus to determine if the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.
Intake and Processing of the Complaint: Upon receiving notification of a harassment or discrimination complaint, the Title IX Coordinator shall:
Where the complaint involves a minor, the School will comply with California mandated reporting requirements.
Investigation
The Title IX Coordinator shall:
Investigation of the Complaint: The School shall promptly investigate every complaint and claim of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. This includes complaints involving activities that occur off campus and in connection with all the academic, educational, extracurricular, athletic, and other programs of the School, whether those programs take place in the School’s facilities, in a School vehicle, or at a class or training program sponsored by the School at another location. The School shall promptly investigate complaints of harassment or discrimination that occur off campus if the alleged conduct creates a hostile environment on campus.
As set forth above, where the parties opt for an informal resolution, the Title IX Coordinator may limit the scope of the investigation, as appropriate. The School will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation. When determining whether to maintain confidentiality, the School may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant’s age; whether there have been other harassment complaints about the same individual; and the accused individual’s rights to receive information about the allegations if the information is maintained by the School as an “pupil record” under California Education Code section 49061. The School will inform the complainant if it cannot maintain confidentiality.
Investigation Steps: The School will investigate harassment and discrimination complaints fairly and objectively. Employees designated to serve as investigators under this policy shall have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the School’s grievance procedures operate. The investigator may not have any real or perceived conflicts of interest and must be able to investigate the allegations impartially.
Once it decides to open an investigation that may lead to disciplinary action against the accused individual, the School will provide written notice to the accused individual of the allegations constituting a potential violation of the School’s Title IX Nondiscrimination Policy.
Investigators will use the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses and evidence identified by each party; identifying and interviewing any other witnesses, if needed; reminding all individuals interviewed of the School’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion.
Where the victim has filed a criminal complaint with local law enforcement, the School will consider what information the School is able to share, pursuant to state and federal law, to ensure that victims are not unnecessarily required to give multiple statements about a traumatic event. The School will continue to conduct its own thorough, reliable, prompt, and impartial investigation.
The victim and accused will have equal opportunity to present relevant witnesses and other evidence to the School investigator.
Written Report
The results of the investigation of a complaint shall be set forth in a written report that will include at least all of the following information:
Standard of Proof:The School will use a “preponderance of the evidence” standard of proof in determining whether there has been a violation of the School’s Title IX Nondiscrimination Policy. This standard of proof is also known as “more likely than not” standard.
Timeline for Completion: The School will undertake its investigation promptly and swiftly as possible.
Notice to Parties
The School will provide written notice of the outcome of the investigation to the parties concurrently. The School will inform the complainant whether it found that the alleged conduct occurred, any individual remedies offered to the complainant or any sanctions imposed on the accused individual that directly relate to the reporting party, and other steps the School has taken to eliminate the hostile environment, if the School found one to exist. This notice will be provided to the parents of students under the age of 18 and directly to students who are 18 years of age or older.
Cooperation Encouraged: The School expects all employees to cooperate with a School investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the School to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the School of its obligation to investigate. The School will conduct an investigation if it discovers that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed. No employee will be retaliated against as a result of lodging a complaint or participating in any workplace investigation.
Confidentiality of the Process
Investigations are best conducted within a confidential climate. Therefore, the School does not reveal information about ongoing investigations except as necessary to fulfill its legal obligations. The School will keep the investigation confidential to the extent possible, but it cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation and to protect the rights of accused students and employees during the investigation process and any ensuing discipline.
Discipline and Corrective Action
If harassment, discrimination, or retaliation occurred in violation of the Title IX Nondiscrimination Policy, the School shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. Remedies for the complainant might include, but are not limited to:
Disciplinary actions against faculty, staff, and students will conform to all relevant statutes, regulations, personnel policies, and procedures.
The School shall also take reasonable steps to protect the complainant from further harassment or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint or assisting in the investigation.
The School will ensure that complainants and witnesses know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. The School shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the School’s ability to investigate and respond effectively to the complaint.
If the School cannot take disciplinary action against the accused individual because the complainant refuses to participate in the investigation, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence.
Appeals
If the School imposes discipline against a student or employee as a result of the findings in its investigation, the student or employee may appeal the decision using the procedure for appealing a disciplinary decision.
Title IX Complaint Form
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) prohibits discrimination based on the sex or gender of students and employees of the School. When you complete and sign this form, please submit it to the School’s Title IX Coordinator:
Arjuna Sayyed Director of Equity and Inclusion 360 42nd Street, Oakland, CA 94609 510.653.0317 x104 arjuna.sayyed@parkdayschool.org
You do not have to use this form to file a complaint.
Title IX Complaint Form Name of person filing this complaint*Relationship To School* Student Employee Other Address* Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongo, Democratic Republic of theCongo, Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzech RepublicCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatini (Swaziland)EthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth KoreaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussiaRwandaRéunionSaint BarthélemySaint HelenaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth GeorgiaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan Mayen IslandsSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaVietnamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country Phone*Email* Enter Email Confirm Email Name of person discriminated against (if other than person filing)Relationship To School Student Employee Other Address Street Address Address Line 2 City State / Province / Region ZIP / Postal Code AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongo, Democratic Republic of theCongo, Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzech RepublicCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatini (Swaziland)EthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth KoreaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussiaRwandaRéunionSaint BarthélemySaint HelenaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth GeorgiaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan Mayen IslandsSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaVietnamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands Country PhoneEmail Please describe the discrimination. Please include the date the discrimination occurred, the name of each person involved and, why you believe the discrimination was because of sex, gender, gender identity, or gender expression. Please provide the names of any person who was present and witnessed the act of discrimination.*