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.