Title IX and Non-Discrimination Notice

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For information on Title IX and Sex Discrimination from the Office of Civil Rights, visit: Title IX and Sex Discrimination (ed.gov)

Who to Contact

In its efforts to promote nondiscrimination and as required by law, Huntsville ISD and TOPS does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs, and provides equal access to the Boy Scouts and other designated youth groups. The following district representatives have been designated to coordinate compliance with these legal requirements:

  • Senior Director of Special Programs, for concerns regarding discrimination on the basis of disability: Cynthia Cook, [email protected]
  • Contact Executive Director, for general concerns regarding discrimination: Kristina Nanini, [email protected]
  • The District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended, for students:
    • Position: Assistant Superintendent of Student Services and Operations Address: 441 FM 2821 East, Huntsville, TX 77320
      Telephone: 936.435.6300

Definitions

Discrimination against a student is defined as conduct directed at a student on the basis of race, color, religion, sex, gender, national origin, disability, age, or on any other basis prohibited by law, that adversely affects the student.

Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, sex, gender, national origin, disability, age, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct:

  • Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  • Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  • Otherwise adversely affects the student’s educational opportunities.
  • Prohibited harassment includes dating violence as defined by this policy.

Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening, intimidating, or humiliating conduct; offensive jokes, name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

Sexual harassment of a student by a District or Stride employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  • A District or Stride employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
  • The conduct is so severe, persistent, or pervasive that it:
    • Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or
    • Creates an intimidating, threatening, hostile, or abusive educational environment.

Romantic or inappropriate social relationships between students and District or Stride

employees are prohibited. Any sexual relationship between a student and a District or Stride

employee is always prohibited, even if consensual.

Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical,verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it:

  • Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  • Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  • Otherwise adversely affects the student’s educational opportunities.

Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact. Necessary or permissible physical contact such as assisting a child by taking the child’s hand, comforting a child with a hug, or other physical contact not reasonably construed as sexual in nature is not sexual harassment.

Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct:

  • Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  • Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  • Otherwise adversely affects the student’s educational opportunities.

Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.

Reporting Procedures

Student Report

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to a teacher, school counselor, principal, other TOPS employee, or the appropriate District official listed in this policy, by email, phone, or conference.

Employee Report

Any TOPS employee who suspects or receives notice that a student or group of students has or may have experienced prohibited conduct shall immediately notify the Executive Director.

Alternative Reporting Procedures

A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct. A report against the Executive Director may be made directly to the District Assistant Superintendent, who will appoint an appropriate person to conduct an investigation.

Timely Reporting

Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the school’s ability to investigate and address the prohibited conduct.

Notice to Parents

The Executive Director or designee shall promptly notify the parents of any student alleged to have experienced prohibited conduct by a TOPS employee or another adult.

Investigation of the Report

TOPS may request, but shall not require, a written report. If a report is made orally, the Executive Director shall reduce the report to written form.

Initial Assessment

Upon receipt or notice of a report, the Executive Director shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the Executive Director shall immediately undertake an investigation, unless the investigation requires a report to a local police department for criminal investigation.

Interim Action

If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the Executive Director shall promptly take interim action calculated to address prohibited conduct or bullying prior to the completion of the school’s investigation.

Nondiscriminatory Statement

Huntsville Independent School District and Career and Technical Education do not discriminate on the basis of race, religion, color, national origin, sex or disability in providing education or providing access to benefits of education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973, as amended; and Title II of the Americans with Disabilities Act. Bill Roberts, Assistant Superintendent of Student Services & Operations at 441 FM 2821 East, Huntsville, TX / 936.435.6300, has been designated to coordinate compliance with these legal requirements

In compliance with the requirements of Title IX, 34 C.F.R. § 106.45 (b)(10), Huntsville ISD has provided required training to all Title IX personnel including the District’s Title IX Coordinator, Bill Roberts, Assistant Superintendent of Student Services & Operations at 441 FM 2821 East, Huntsville, TX / 936.435.6300 on August 11, 2020.

This training can be viewed by accessing the link below:

In compliance with the requirements of Title IX, 34 C.F.R. § 106.45 (b)(10), Huntsville ISD has provided required training to all Title IX personnel including the District’s Title IX Coordinator, Bill Roberts, Assistant Superintendent of Student Services & Operations at 441 FM 2821 East, Huntsville, TX / 936.435.6300 on October 19, 2020.

Additionally, Texas Online Preparatory School Title IX administrators have attended Eichelbaum Wardell Hansen Powell & Muñoz P.C.’s “Title IX Administrator Conference.” Materials from this conference in compliance with Section 106.45(b)(10)(i)(D) of the regulations can be found here.

This training can be viewed by accessing the link below:

Each recipient mustdesignate and authorize at least one employee, referred to herein as a Title IX Coordinator, to coordinate its efforts to comply with its responsibilities under Title IX and this part. If a recipient has more than one Title IX Coordinator, it must designate one of its Title IX Coordinators to retain ultimate oversight over those responsibilities and ensure the recipient’s consistent compliance with its responsibilities under Title IX and this part.

Title IX Grievance Procedure

A recipient must adopt, publish, and implement grievance procedures consistent with the requirements of § 106.45, and if applicable § 106.46, that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in the recipient’s education program or activity, or by the Title IX Coordinator, alleging any action that Title IX or this part would prohibit.