A Family's Guide to Title IX

What is Title IX?

Title IX is a federal anti-discrimination law that protects Prince William County Public Schools (PWCS) students and staff from sex-based discrimination (including sexual harassment and sexual assault) in PWCS educational programs and activities.

Who is the Complainant and Respondent?

The Complainant is the person who is the target of reported sexual harassment or sexual assault.

The Respondent is the person accused of sexual harassment or sexual assault.

Does Title IX apply to all sexual harassment?

All misconduct of a sexual nature that happens on school property or during a PWCS educational program or activity violates PWCS regulations and will be investigated and responded to appropriately. However, not all sexual misconduct violates Title IX. Title IX applies only to certain kinds of sexual violence or abuse, or to sexual misconduct that is so severe that it makes it difficult for the Complainant to fully access a PWCS educational program or activity.

What should I do if my child has been sexually harassed or sexually assaulted?

You should immediately report the misconduct to your child's school-based administrator or the Title IX Coordinator. If the reported misconduct happened at school (including in a virtual classroom), on a school bus, during a school-sponsored activity, or with the use of a PWCS device or network, then PWCS is responsible for investigating and taking action to remedy the situation.

If the reported misconduct did not happen in a PWCS educational program or activity, then PWCS might not have the authority to investigate and resolve the situation; however, PWCS will still provide support to your child and can connect you and your child to helpful community-based resources.

What happens if my child is accused of sexually harassing or sexually assaulting someone at school?

If your child is accused of engaging in sexual misconduct in a PWCS educational program or activity, then PWCS has the responsibility to conduct a full and fair investigation. You will be notified of the accusation, and your child will have the right to tell his or her side of the story.

If the accusation involves the kind of sexual misconduct that might violate Title IX, then the Title IX Coordinator will contact you to explain how the investigation will be conducted, what support will be provided, and what rights you and your child have during the process, which is known as the “Title IX Grievance Process.”

How will a complaint be resolved?

There are various pathways that can be taken. The first pathway is the Title IX Grievance Process. The second pathway is Informal Resolution. The third pathway is a referral back to your child’s school if the misconduct could violate the PWCS “Code of Behavior” but not Title IX.

What is the Title IX Grievance Process?¹

The Title IX Grievance Process is the process used to investigate and resolve any reported sexual misconduct that might violate Title IX.

Administrators from your child’s school do not investigate or make decisions about the reported misconduct during the Title IX Grievance Process. In the Title IX Grievance Process, the investigation is done by a Compliance Investigator from the Diversity, Equity, Inclusion, and Compliance Department (DEIC).

The decision about what happened is made by the Title IX Decision Maker, who works in the Student Hearings Department.

How long does the Title IX Grievance Process take?

The Formal Title IX Grievance Process is completed in 60 business days or less.

During that time, in most cases, both the Complainant and the Respondent will continue to attend school with supportive measures in place to enable them to do so safely.

If you have concerns about your child's safety during the Title IX Grievance Process, you should tell the Title IX Coordinator or your child's school-based administrator right away.

What is Informal Resolution?

Informal Resolution is a voluntary, structured interaction between the Complainant and the Respondent, designed to resolve the allegations of sexual harassment or misconduct following the filing or a Formal Complainant without a formal investigation or hearing, focusing on a resolution and agreed-upon outcomes.

With Informal Resolution, a formal complaint is still filed; however, an Informal Resolution Facilitator is assigned to work with both parties to resolve the matter. The Informal Resolution process is a voluntary, structured interaction between the parties, such as mediation.

What is the difference between the Title IX Grievance Process and Informal Resolution?

Some initial differences between the two processes include:

• The Title IX Grievance Process takes approximately 60 business days. Informal Resolution takes approximately 10 business days.
• With the Title IX Grievance Process, a Compliance Investigator interviews the Complainant, the Respondent, and Witnesses. The Compliance Investigator also gathers evidence and completes an Investigation Report. A Decision-Maker, after reviewing the evidence, determines the sanctions and remedies.
• Informal Resolution allows the Complainant and the Respondent, with support of the Facilitator, to work together to determine an appropriate outcome, including sanctions and remedies. Parties are allowed to have an advisor and/or parent/guardian present.
• During the Informal Resolution process, a party may decide to go back to the Title IX Grievance Process. Either party may withdraw, without penalty, from the Informal Resolution up until a written resolution agreement is signed by both parties. If either party withdraws from the Informal Resolution, the formal grievance process will resume. Additionally, parties initially involved in a formal process can request an Informal Resolution prior to a determination of responsibility being made. As long as both parties agree, an Informal Resolution can occur.

Where can I find more information about Title IX?

You can find more information about Title IX on the discrimination and harassment webpage.

You can also find more information about Title IX in PWCS Regulation 738-1.

What if I disagree with the decision made by the Title IX Decision Maker?

If you disagree with the decision, you will be able to appeal. Information on how to appeal the decision will be given to you by the Title IX Decision Maker and can also be found in PWCS Regulation 738-1.

Who should I contact if I have questions about Title IX?

You should contact the Compliance and Support team at 571-374-6839 or [email protected].

¹ The Title IX Grievance Process is used to resolve complaints of sexual harassment or sexual assault that reportedly occurred on or after August 14, 2020. If the reported misconduct occurred before August 14, 2020, then different procedures apply.

*These FAQs are informational. If there is any conflict between the FAQs and PWCS Regulation 738-1, the regulation shall control.