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Determining if Title IX Applies
- Title IX applies to allegations that meet the following criteria:
- The conduct in question meets the definition of sexual harassment;
- The conduct occurred in a DCPS education program or activity; and
- The conduct occurred against a person in the United States.
- If the above-referenced requirements are met, then schools must follow the Title IX grievance process, at least.
- If any one of the elements is missing, then Title IX does not apply.
- If Title IX does apply, the parties must be provided written notice of the allegations, and the investigation must begin. If Title IX does not apply, it must be determined if a dismissal is warranted.
- Schools must dismiss the formal written complaint if the allegations of conduct:
- Do not meet the definition of sexual harassment;
- Did not occur in a school's education program or activity; or
- Did not occur against a person in the United States.
- Schools may dismiss the formal written complaint or any allegations therein if:
- The Complainant informs the Title IX Coordinator in writing that the Complainant desires to withdraw the formal complaint or allegations therein;
- The Respondent is no longer enrolled/employed by DCPS; or
- Specific circumstances prohibit investigation.
- Title IX applies to allegations that meet the following criteria: