Additional Code of Conduct Policies

Policy AC: Nondiscrimination/Equal Opportunity (PDF)

Poudre School District is committed to providing a safe learning and working environment where all members of the School District community are treated with dignity and respect. The District is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of a protected class, and is committed to the policy that no otherwise qualified individual shall be denied access to, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any District program or activity on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, pregnancy, family composition, marital status, veteran status, age, disability, or need for special education services. For employees or applicants, protected class also includes genetic information. The District does not discriminate on the basis of a protected class in access or admission to, or treatment or employment in, its programs or activities.  

This policy defines prohibited conduct and guides individuals to the specific regulation governing the applicable reporting and response processes. Supportive measures and prompt response times are required components of all regulations. Complaints will be addressed by the following regulations:

• Complaints of harassment or discrimination against students: District Regulation AC-R1 – Harassment and Discrimination Investigation Procedures for Students 
• Complaints of harassment and discrimination against applicants or employees: District Regulation AC-R2 – Harassment and Discrimination Investigation Procedures for Employees or Applicants for Employment 
• Complaints of sexual harassment (Title IX) against students, applicants or employees: District Regulation AC-R3 – Sexual Harassment Investigation Procedures 

The following policies further address harassment and bullying:

• District Policy GBAA – Harassment of Employees
• District Policy JBB – Harassment or Discrimination of Students 
• District Policy JICDE – Bullying Prevention and Education 

DEFINITIONS

For purposes of this policy and the policies listed above, unless otherwise noted in those policies, these terms or phrases have the following meanings:

• “Bullying” is any written or oral expression, physical or electronic act or gesture, or a pattern thereof, that is intended to willfully cause physical, mental, or emotional harm to any student or to use coercion or intimidation to influence and/or obtain control over another person. District Policy JICDE – Bullying Prevention and Education, has more information. If the bullying is based on a student’s protected class, the behavior may constitute harassment or discrimination. Bullying based on a student’s protected class that meets the definition of harassment or discrimination under District Policy JBB – Harassment or Discrimination of Students should be addressed through District Regulation AC-R1 - Harassment and Discrimination Investigation Procedures for Students. 
• “Complainant” means a student or their parent/guardian on the student’s behalf, employee, or community member alleged to have experienced discrimination or harassment when participating in or attempting to participate in a District education program or activity. A complainant may or may not be the reporting party.
• “Compliance officer” means the District employee who is responsible for coordinating and overseeing the District’s discrimination and harassment prevention and response efforts. Among other responsibilities, the compliance officer will coordinate and oversee the District’s discrimination and harassment investigation, consultation, recordkeeping, monitoring, and training processes. To facilitate this work, all District employees must inform the compliance officer of all reports and complaints raising discrimination and harassment issues implicating this policy. The compliance officer may appoint a designee to perform any of their assigned duties, including performing the investigation and issuing the report. 
• “Discrimination” occurs when an individual is denied or limited in the ability to participate in or benefit from the District’s services, activities, or opportunities on the basis of any protected class. Discrimination does not require discriminatory intent and can result from implicit bias. 
• “Harassment” against employees or applicants for employment is defined in District Policy GBAA – Harassment of Employees. 
• “Harassment or discrimination” against students is defined in District Policy JBB – Harassment or Discrimination of Students. 
• “Protected class/classes” include race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, pregnancy, family composition, marital status, veteran status, age, disability or need for special education services. For employees or applicants, protected class includes genetic information. 
• “Creed” means all aspects of religious beliefs, observances or practices, as well as sincerely-held moral and ethical beliefs as to what is right and wrong, and/or addresses ultimate ideas or questions regarding the meaning of existence, as well as the beliefs or teachings of a particular religion, church, denomination or sect. A creed does not include political beliefs, association with political beliefs or political interests, or membership in a political party. 
• “Gender expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, and behavior.
• “Gender identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth.  
• “Transgender” means having a gender identity or gender expression that differs from societal expectations based on gender assigned at birth. 
• “Marital status” means a relationship or a spousal status of an individual, including, but not limited to, being single, cohabitating, engaged, widowed, married, in a civil union, or legally separated, or a relationship or a spousal status of an individual who has had or is in the process of having a marriage or civil union dissolved or declared invalid. 
• “National origin” refers to the country where a person was born, or, more broadly, the country from which a person’s ancestors came.
• “Race” includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.
• “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and head wraps.
• “Religion” means all aspects of religious observance, belief and practice. A person does not have to be a member or follower of a particular organized religion, sect or faith tradition to have a religion. 
• “Sexual orientation” means an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction. 
• “Reporting party” means a person who raises a concern or allegation of discrimination or harassment on behalf of a complainant with the compliance officer. Any District student, employee, or community member may be a reporting party. 
• “Respondent” means a student, employee, or other individual who has been reported to have engaged in alleged harassment or discrimination.
• “Retaliation” is intimidating, threatening, coercing, or discriminating against an individual by the District, a student, or an employee or other person authorized by the District because the individual raised a good-faith concern about or participated in good faith in an investigation of discrimination or harassment. Retaliation includes charges against a student for code of conduct violations related to the incident for the purpose of punishing a student for making a report or otherwise interfering with a student’s rights under this policy. The District will investigate and respond to an allegation of retaliation.
• “Sex-based Discrimination” is discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. 
• “Sexual Harassment” under Title IX is a form of sex discrimination and means conduct on the basis of sex that satisfies one or more of the following:
• An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or 
• Sexual assault, dating violence, domestic violence, or stalking. 
  • Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
  • Dating violence meaning violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship;
    • The type of relationship; and 
    • The frequency of interaction between the persons involved in the relationship. 
  • Domestic violence means felony or misdemeanor crimes committed by a person who: (A) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or 
  • Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress. 
• “Supportive measures” are non-disciplinary, non-punitive individualized services offered to the complainant or respondent as appropriate, as reasonably available, without fee or charge, to restore or preserve equal access to education, protect student and employee safety, or deter harassment and discrimination. Supportive measures may be provided regardless of whether a complaint has been filed. Supportive measures may include, but are not limited to: 
  • Counseling;
  • Extensions of deadlines or other course-related adjustments; 
  • Extra time for homework or tests;
  • The opportunity to resubmit homework or retake a test;
  • Remedying an impacted grade;
  • Excused absences, including for any therapy, medical, legal, or victim’s services appointment associated with the report;
  • The opportunity for home instruction;
  • Modifications to class schedules; and 
  • Restrictions on contact between affected students, including the parties to a complaint of harassment or discrimination. 
• “Title IX Coordinator” means the employee designated by the District to coordinate its efforts to comply with Title IX of the Education Amendments. The Title IX Coordinator retains ultimate oversight over the District’s responsibilities and ensures the District’s consistent compliance with its responsibilities under Title IX.
• “Designated administrator” means an employee designated by a compliance officer at each school or site to whom the compliance officer(s) has delegated certain responsibilities to receive and respond to complaints and reports of harassment or discrimination. 
   

Harassment, Discrimination, and Retaliation Prohibited

Discrimination, harassment, and bullying on the basis of a protected class are prohibited at any District school, at any District or school-sanctioned activity or event, on any District property, off District property when such conduct has a connection to the District, or any District curricular or non-curricular activity or event. Retaliation for reporting harassment or discrimination, or for participating in any way in an investigation of harassment or discrimination is also prohibited. 
 

Reporting Harassment and Discrimination

All District employees and students share the responsibility to ensure that harassment and discrimination do not occur at any District school, or any District property, at any District or school-sanctioned activity or event, or off school property when such conduct has a nexus (link or connection) to the school. 

Any student or parent/guardian of a student who believes they have been a target of harassment or discrimination as defined in District policy, or who has witnessed harassment or discrimination, is encouraged to immediately report it to an administrator, counselor, teacher, through the District’s online reporting form, or the District’s compliance officer(s) and file a complaint as set forth in the regulations that accompany this policy. 
 

District Action

All District employees who witness harassment or discrimination must take prompt and effective action to stop the harassment or discrimination, including reporting the harassment or discrimination to the appropriate school or District employee. 

The District’s response to allegations of harassment or discrimination will include: 

• Promptly and impartially investigating allegations of harassment or discrimination; 
• Promptly taking effective action to stop harassment or discrimination when it is determined by a preponderance of the evidence (more likely than not) that incidents of harassment or discrimination  have occurred, taking steps to prevent it from happening again, and remedying the effects of harassment or discrimination; 
• Taking steps to protect anyone participating in good faith in an unlawful discrimination report, complaint or investigation from retaliation; 
• Providing regular updates to all parties regarding the investigation; 
• Implementing supportive measures during the investigation; and
• Referring reports and complaints that appear to involve criminal law violations to law enforcement authorities.

To the extent possible, all reports of harassment or discrimination will be kept confidential. No student, employee, or member of the public shall be subject to adverse treatment or retaliation for any good faith report of harassment or discrimination. Students or employees who knowingly file false complaints or give false statements in an investigation will be subject to discipline, up to and including suspension/expulsion for students and dismissal from employment for employees. 

Any student or employee who engages in harassment or discrimination will be disciplined according to applicable District policies, and the District will take reasonable action to restore lost educational or employment opportunities to the complainant(s) of harassment or discrimination.  
 

Compliance Officers

The District’s compliance officers are responsible for District compliance with this policy.

For District students/members of the public, the compliance officers for harassment or discrimination, including under Title IX, Title VI, Americans with Disabilities Act (ADA) and Section 504:

Compliance, Prevention, & Response Coordinator
2407 LaPorte Avenue
Fort Collins, Colorado 80521
Phone: (970) 490-3333
Email: nondiscrimination@psdschools.org

For District employees/applicants for employment:

Chief of Staff
2407 LaPorte Avenue
Fort Collins, Colorado 80521
Phone: (970) 490-3333
Email: HRCompliance@psdschools.org 
 

Annual Notice and Training 

The District will issue a written notice prior to the beginning of each school year that advises students, parents, employees, and the general public that the educational programs, activities, and employment opportunities offered by the District are offered without regard to protected class. 

The announcement will also include the name, address, email address, and telephone number of the person(s) designated to coordinate Title IX, Section 504, ADA, and other nondiscrimination compliance activities. 

Communications regarding this policy notice will be written in simple and age-appropriate language. When possible, the notice will be disseminated to persons with limited English language skills in the person’s own language. The policy and implementing regulations will be prominently posted on the District’s website in plain language, and made available to all students, parents, and employees through electronic or hard-copy distribution. 

Training materials regarding sex-based harassment are available to the public on the District’s website. Students and District employees will receive periodic training related to recognizing, reporting, and preventing discrimination and harassment. District employees must receive additional training related to handling reports of discrimination and harassment. 
 

Reporting to Federal or State Agency

In addition to, or as an alternative to, filing a harassment or discrimination complaint to this policy and the accompanying regulations, an individual may file a complaint with the U.S. Department of Education, Office for Civil Rights, Federal Office of Equal Employment Opportunity Commission, or the Colorado Civil Rights Division at the addresses below:

Denver Office for Civil Rights (OCR)
U.S. Department of Education 
1244 Speer Blvd., Suite 310
Denver, CO 80204
Phone: (303) 844-5695 
Fax: (303) 844-4303
TTY: (303) 844-3417
Email: OCR.Denver@ed.gov 

 

Federal Office of Equal Employment Opportunity Commission (EEOC)
303 E. 17th Avee., Suite 410
Denver, CO 80203
Phone: (303) 800-669-4000
Fax: (303) 866-1085
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122

 

Colorado Civil Rights Division (CCRD)
1560 Broadway, Suite 825
Denver, CO 80202
Phone: (303) 894-2997 or (800) 886-7675
Fax: (303)894-7830
Email: DORA_CCRD@state.co.us (general inquiries); DORA_CCRDIntake@state.co.us (intake unit) 

 

Current practice codified 1995

• Adopted by Board: May 22, 1995
• Revised by Board: December 11, 1995
• Revised by Board: February 14, 2000
• Revised by Board: November 25, 2002
• Revised by Superintendent: September 2, 2008
• Revised by Superintendent: August 27, 2012
• Revised by Superintendent: September 28, 2015
• Revised by Superintendent: June 15, 2016, effective July 1, 2016
• Revised by Superintendent: September 26, 2016
• Revised by Superintendent: August 14, 2020
• Revised by Superintendent: June 10, 2021, effective July 1, 2021
• Revised by Superintendent: March 28, 2024
• Revised by Superintendent: August 22, 2024
• Revised by Superintendent: May 1, 2025
   

CROSS REFERENCES: 

• ACE – Nondiscrimination on the Basis of Disability
• AC-R1 – Harassment and Discrimination Investigation Procedures for Students
• AC-R2 – Harassment and Discrimination Investigation Procedures for Employees and Applicants for Employment 
• AC-R3 – Sexual Harassment Investigation Procedures
• GBAA – Harassment or Discrimination of Employees
• JBB – Harassment or Discrimination of Students 
• JICDE – Bullying Prevention and Education 

 

LEGAL REFERENCES: 

• 20 U.S.C. 1681 (Title IX of the Education Amendments of 1972) 
• 29 U.S.C. 621 et seq. (Age Discrimination in Employment Act of 1967) 
• 29 U.S.C. 701 et seq. (Section 504 of the Rehabilitation Act of 1973)
• 42 U.S.C. 12101 et seq. (Americans with Disabilities Act) 
• 42 U.S.C. 2000d (Title VI of the Civil Rights Act of 1964) 
• C.R.S. 24-34-301(7), 24-34-401 et seq., & 24-34-601 et seq. (Colorado Civil Rights Statutes) 
• 3 C.C.R. 708-1 (Colorado Civil Rights Commission Regulations) 
• C.R.S. 22-32-110(1)(k) (definition of racial or ethnic background includes hair texture, definition of protective hairstyle)
• C.R.S. 22-1-143 (definition of harassment and discrimination) 
• C.R.S. 2-4-401 (definitions of gender expression, gender identity, and sexual orientation) 
• C.R.S. 24-34-301 (definitions of gender expression, gender identity, and sexual orientation)
• C.R.S. 24-34-402 et seq. (discriminatory or unfair employment practices) 
• C.R.S. 24-34-601 (unlawful discrimination in places of public accommodation)  

Policy AC-R1: Reporting Discrimination/District Response to Discrimination Complaints (PDF)

The District must take appropriate action to promptly and impartially investigate allegations of harassment or discrimination; promptly take effective action to stop harassment or discrimination when it is discovered and take steps to prevent a reoccurrence; remedy the effects of harassment or discrimination; impose appropriate disciplinary action or other consequences on offenders in a case-by-case manner; take steps to protect anyone participating in good faith in a harassment or discrimination report, complaint or investigation from retaliation; and protect the privacy of all those involved in harassment or discrimination reports and complaints as required by law. Reports and complaints that appear to involve criminal law violations will also be referred to law enforcement authorities. This policy is separate from and in addition to the procedures for Title IX investigations incorporated into District Regulation AC-R3 – Sexual Harassment Investigation Procedures. 

 

Reporting Discrimination and Harassment 

Any individual who experiences or witnesses acts of harassment or discrimination in the District’s program or activities is encouraged to promptly report the incident to an administrator, compliance officer, and/or by completing the District’s online reporting form. Reports of harassment or discrimination may be made in writing, in person, by phone, by email, or through the online reporting form. 

Any employee who receives information about an incident or who witnesses harassment, discrimination, or retaliation must report the incident to their supervisor, the compliance officer, or through the District’s online reporting form. 

The District shall not use a student report of harassment or discrimination, whether verbal or in writing, or information revealed in any investigation or disciplinary proceedings of the report, as the basis for, or a consideration in, investigating or exacting any disciplinary response for a school violation by the reporting student or complainant related to the reported incident for any of the following: 

• Engaging in reasonable self-defense against the respondent;
• Consensual sexual activity;
• Drug or alcohol use;
• Late arrival or truancy;
• Unauthorized access to facilities; 
• Talking publicly about the alleged harassment or discrimination; or
• Expressing a trauma symptom. 

However, nothing in this regulation prohibits a school or the District from disciplining a student who knowingly makes a false complaint of harassment or discrimination or disciplining a student when necessary to ensure the safety of any student or employee. A finding of no harassment or discrimination does not on its own constitute a false complaint. 
 

Supportive Measures and Accommodations 

The District must offer accommodations and supportive measures, as defined in District Policy AC – Nondiscrimination/Equal Opportunity that are designed to protect the safety of all students and that preserve and restore equal access to education for the student. Students may make a request for supportive measures to their administrator, compliance officer, or designee. A student is not required to file a formal report or wait for the investigation process to conclude before being provided supportive measures. 

Additional accommodations are available for students with disabilities depending on their disability-related need for an accommodation or supportive measure in response to discrimination or harassment. Accommodations are determined on an individual basis. 

 

General Procedure 

Upon receiving an allegation that, if proven true, constitutes harassment or discrimination under this policy, the designated administrator will meet with the complainant as soon as is reasonably possible, typically within two (2) school days, following the District’s receipt of the complaint in order to discuss supportive measures, obtain a clear understanding of the nature of the complaint, and to discuss what action the complainant may be seeking. 

During this initial conference, the designated administrator will explain: 

• The options for resolution, including informal and formal resolution procedures;
• The District’s obligation to take steps to prevent recurrence of harassment or discrimination, and to remedy the effects of harassment or discrimination;
• Available supportive measures and additional accommodations available for students with disabilities; and
• That any request for confidentiality will be honored so long as doing so does not preclude the District from responding effectively to prohibited conduct and preventing future prohibited conduct. 

The District will not rely solely on a criminal investigation by a law enforcement agency in lieu of responding to a report of harassment or discrimination promptly and effectively. 

 

Informal Resolution Procedure

If the complainant and respondent consent to informal action and the designated administrator believes that the matter is suitable for such resolution, the designated administrator may attempt to resolve the matter informally through mediation, counseling, restorative practices, or other non-disciplinary means. Informal resolution may only be used if all parties are students and provide consent, which must be documented in writing by the designated administrator. Informal resolution may not be used if the underlying offense involves sexual assault or other acts of violence. No party will be compelled to resolve a complaint of harassment or discrimination informally, and either party may request an end to an informal process at any time. 

If all parties feel a resolution has been achieved through informal resolution, no further compliance action must be taken. However, within five (5) school days, the designated administrator will prepare a written report for the parties detailing the agreement, including any steps the District will take to prevent future harassment or discrimination. 

 

Formal Resolution Procedure

If informal resolution is inappropriate, unavailable, or unsuccessful, the designated administrator will engage in the formal resolution process. The designated administrator will promptly proceed with a fair, impartial and prompt investigation. 

Upon institution of an investigation, the investigator must provide the parties with written notice of the complaint or report. The written notice must include a reference to the specific section of the policy allegedly violated, and the conduct constituting the alleged violation. All questions related to the investigation will be directed to the individual conducting the investigation. 

Both parties have an equal opportunity to be heard and to provide evidence obtained through the course of the investigation. The investigator will interview the parties and any witnesses, review any available relevant evidence, and consider patterns of misconduct as relevant evidence. Both parties will have the same opportunity to have an advisor or other person present during any part of the investigative process. During interviews and meetings, the advisor may not speak for the party and must limit their role to consulting with and advising the party. The District will establish and maintain procedures regarding the extent to which an advisor may participate in the proceedings. Any restrictions on advisor(s) must apply equally to both parties. 

During the course of the investigation, both parties will be provided with regular written updates about the status of the investigation to both parties and their parents/guardians at each stage of the investigation, but at least every fifteen (15) workdays. 

Upon concluding the investigation, the designated administrator must prepare a written report within sixty (60) calendar days after the report. The designated administrator will apply the preponderance of the evidence standard, which is a determination of whether it is more likely than not that the conduct occurred. The investigator shall provide concurrent notification to the parties of the outcome of the investigation and any findings. The decision must also include a written determination regarding responsibility, explain how and why the designated administrator reached the conclusions outlined in the report, detail any supportive measures or disciplinary actions already taken, and recommendations for future disciplinary measures. 

This deadline may be extended for good cause and with prior written notice to the complainant and to the respondent of the delay and the reason for the delay or may extend the deadline at the request of a law enforcement agency. 

 

Appeal 

Should the complainant or respondent disagree with the findings, they may appeal the decision by submitting a written letter of appeal to the designated administrator within five (5) school days after receiving notification of the final outcome of the investigation. Grounds for appeal are limited to the following:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination was made, that could affect the outcome of the matter; or
• A conflict of interest or bias for or against the parties that affected the outcome of the matter. 

The written appeal should include any additional evidence to be considered and state with specificity the disagreements with the decision. The compliance officer or designee shall review the evidence and will notify the parties in writing of a final decision within ten (10) school days after receiving the written appeal. The compliance officer’s or designee’s decision will be final. 

 

Disciplinary Action or Other Consequences

If the designated administrator concludes that District policy has been violated, appropriate disciplinary action or other consequences will be imposed, which may include warning, exclusion, progressive discipline, suspension, expulsion, transfer, termination, remediation, education, or training. Consequences to third parties may include cancellation of a contract, total ban upon the individual’s future presence on District property, or other appropriate measures. 

Nothing in this regulation shall be construed to prohibit discipline of a student or staff member for conduct which, although it does not rise to the level of harassment or discrimination as defined in District Policy JBB – Harassment or Discrimination of Students, otherwise violates one or more of the District’s policies. 

 

Resources

Throughout the investigation, or after the investigation concludes, the affected individuals may choose to use the following resources:

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• National Sexual Assault Hotline: 1-800-656-4673
• Colorado Crisis Services: 1-844-493-TALK (8255); or text “TALK” to 38255
• Sexual Assault Victim Advocate Center Hotline: 970-472-4200
• Behavioral Health Urgent Care and Crisis Stabilization Unit: 970-494-4200, ext. 4

 

Outside Agencies 

In addition to or as an alternative to filing a complaint pursuant to this regulation, a person may file a discrimination complaint with outside agencies as identified and listed in District Policy AC – Nondiscrimination/Equal Opportunity. 

 

• Adopted by Superintendent: June 15, 2016, effective July 1, 2016 
• Revised by Superintendent: August 14, 2020
• Revised by Superintendent: August 22, 2024
• Revised by Superintendent: May 1, 2025

Policy AC-R3: Sexual Harassment Investigation Procedures (PDF)

The District is committed to fostering and maintaining a safe, nondiscriminatory learning and working environment that is free from sex- based discrimination, including sexual harassment. It is a violation of District policy for any employee to harass another employee or a student or for a student to harass another student or employee through conduct or communications of a sexual nature, or to retaliate against anyone that reports sex-based discrimination or harassment or participates in a harassment investigation. Further, the District does not discriminate on the basis of sex in its educational programs, activities, operations, and employment decisions consistent with Title IX of the Education Amendments of 1972 (“Title IX”) and other applicable state and federal law.
 

Definitions

For purposes of this Regulation, these terms have the following meanings:

• "Complainant" means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
• “Consent” is defined by Colorado law. Consent for sexual activity means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship is not sufficient to constitute consent. Submission under the influence of fear shall not be sufficient to constitute consent. A determination regarding the existence of consent is made based on the totality of the circumstances. Any conduct of a sexual nature directed toward a student by a District employee shall be presumed to be unwelcome and nonconsensual and is strictly prohibited by District policy. 
• "Decision-maker" means an individual trained to assess the relevant evidence, including party and witness credibility, and decide if the District has met the burden of proof (preponderance of the evidence) showing the respondent is responsible for the alleged sexual harassment. The decision maker may not be the Title IX Coordinator or the investigator.
• "Education program or activity" means locations, events, or circumstances over which the district exercises substantial control over both the complainant and respondent and the context in which the sexual harassment occurs.
• “Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment.
• "Investigator" means an individual trained to objectively evaluate the credibility of parties and witnesses, synthesize all available evidence - including both inculpatory and exculpatory evidence - and take into account the unique and complex circumstances of each situation. The investigator may be the Title IX Coordinator, but cannot be the decision-maker.
• "Respondent" means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
• “Title IX Coordinator” means the employee designated by the District to coordinate its efforts to comply with Title IX of the Education Amendments. The Title IX Coordinator retains ultimate oversight over the District’s responsibilities and ensures the District’s consistent compliance with its responsibilities under Title IX. The District’s Title IX Coordinator is: 

 

Compliance, Prevention, & Response Coordinator
2407 LaPorte Avenue
Fort Collins, Colorado 80521
Phone: (970) 490-3333
Email: nondiscrimination@psdschools.org

Reporting Sex Discrimination, Including Sexual Harassment

Any person may report sex discrimination, including sexual harassment, whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. Reports may be submitted to the District’s Title IX Coordinator, the school’s Deputy Title IX Coordinator, or a District employee, via the District’s online reporting form, in person, mail, telephone, or electronic mail, using the District’s Title IX complaint form, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Reports concerning the Title IX Coordinator may be submitted to the superintendent and complaints concerning the superintendent may be submitted to the Board of Education. Reports of sexual harassment as defined in this Regulation will be addressed as described herein. Reports of conduct that does not meet the definition of sexual harassment under Title IX may still be addressed as described in District Regulations AC-R1 – Harassment and Discrimination Investigation Procedures for Students or AC-R2 – Harassment and Discrimination Investigation Procedures for Employees or Applicants for Employment.

The Title IX Coordinator or designee must promptly contact the complainant to discuss the availability of supportive measures and explain to the complainant the process for filing a formal complaint. Supportive measures may be provided with or without the filing of a formal complaint.
 

Filing a Formal Complaint

A complainant, or a parent/guardian with the legal right to act on the complainant’s behalf, may file a formal complaint. Complaints must be filed in writing and signed by the complainant. Complaints may also be filed and signed by the Title IX Coordinator. Completed forms must be filed with the Title IX Coordinator. If a complaint is given to a District employee, the District employee will promptly forward the complaint to the Title IX Coordinator. The complainant will receive assistance as needed in filing a complaint.

Retaliation against the complainant, respondent, or any person who filed a complaint, participated or assisted in an investigation, is prohibited. Examples of prohibited retaliation would include attempts to intimidate, threaten, coerce, or discriminate against any individual who filed a complaint or participated in an investigation. Individuals found to have engaged in retaliatory behavior will be subject to disciplinary measures.

The District may remove a respondent from the District’s education program or activity on an emergency basis only if the District determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of the sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following removal. Any emergency removal must be made in compliance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, as applicable.

The District may place an employee respondent on administrative leave during the pendency of this process.

The District may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, where the allegations of sexual harassment arise out of the same facts or circumstances. 
 

Dismissal of Formal Complaint

Once a formal complaint is received, the Title IX Coordinator or designee will first determine if the alleged conduct occurred in the District’s education program or activity. If the alleged conduct is not part of the education program or activity, or did not occur in the United States, the formal complaint must be dismissed under this Regulation. A dismissal does not prohibit the complainant from pursuing other remedies under state or federal law or District policy, nor does it prohibit the District from addressing the allegations in any manner the District deems appropriate. If the complaint is dismissed, the District may follow the procedures in District Regulation AC-R1 – Harassment and Discrimination Investigation Procedures for Students or AC-R2 – Harassment and Discrimination Investigation Procedures for Employees or Applicants for Employment, to investigate the alleged conduct. The District may also offer supportive measures as appropriate.

The Title IX Coordinator or investigator may dismiss the formal complaint if the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations contained within the formal complaint; the respondent is no longer enrolled or employed by the District; or specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations contained within the formal complaint.

Upon mandatory or permissive dismissal, the District must send written notice of such dismissal and the reasons for dismissal simultaneously to the parties.
 

Investigation of Formal Complaint

If the Title IX Coordinator or designee determines the alleged conduct falls under this Regulation, the investigator will begin the investigation in a reasonably prompt manner. The Title IX Coordinator or designee will promptly contact the complainant and respondent to discuss available supportive measures.

At the initiation of the investigation, the investigator must provide written notice of the allegations to the parties involved and provide sufficient time to prepare a response before conducting any initial interviews.

The investigator must apply a presumption that the respondent is not responsible for the alleged conduct during the course of the investigation. No disciplinary sanctions or other actions that are not supportive measures may be imposed against the respondent until completion of the investigation and determination of responsibility. The investigator will not ask questions about or investigate the complainant’s prior sexual history, and will prevent the complainant from being subjected to such questions from others whenever feasible unless otherwise permitted under Title IX.

The investigator must adhere to all timeframes. A temporary delay or limited extension of the timeframes during the investigation may be requested by either party or the investigator for good cause. If a timeframe is delayed or extended, the investigator will notify the complainant, respondent, and decision-maker of the delay and reason in writing. 

The investigator will, as appropriate:

• Request the complainant to provide a written statement regarding the nature of the complaint;
• Request for respondent to provide a written statement;
• Request for witnesses identified during the course of the investigation to provide a written statement;
• Interview of the complainant, respondent, or witnesses. The investigator will provide an equal opportunity for the parties to present witnesses; and

• Collect and objectively evaluate documentation and all evidence or information deemed relevant to the investigation.

Prior to completion of the investigative report, the investigator must send to each party the evidence gathered as part of the investigation in an electronic format or a hard copy. The parties will have 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

After finalizing the report, the investigator will provide a copy to the complainant and respondent and will wait 10 days before providing the report to the decision-maker. The investigator’s report must be advisory and must not bind the decision-maker to any particular course of action or remedial measure.
 

Decision

The decision-maker must afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness. The decision-maker must provide each party with the answers and allow for additional, limited follow-up questions from each party.

The decision-maker will apply the preponderance of the evidence standard when making a decision and must notify the complainant and respondent simultaneously in writing of the decision. The decision must include a written determination regarding responsibility, explain how and why the decision-maker reached the conclusions outlined in the report, and detail any recommended disciplinary measures to be taken in response to the conduct. The decision of the decision-maker in no way prejudices either the complainant or the respondent from seeking redress through state or federal agencies, as provided in law.
 

Appeal

The investigation is closed after the decision-maker issues a decision, unless either party appeals the decision within 10 days by making a written request to the decision- maker. The grounds for an appeal are limited to the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made and that could affect the outcome of the matter; or 
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

If a party files an appeal, the District will notify the other party in writing. The decision- maker for the appeal may not be the same decision-maker that reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator.

Once an appeal has been filed, both parties will have 10 days to submit a written statement in support of, or challenging, the outcome. The decision-maker(s) for the appeal will issue a written decision describing the result of the appeal and the rationale for the result. The written decision shall be provided to both parties simultaneously.
 

Informal Resolution

If a formal complaint has been filed, at any time prior to reaching a decision, the parties may choose to participate in an informal resolution process, such as mediation. Both parties must voluntarily consent in writing to the informal resolution process. This informal resolution process will not be available to resolve allegations that an employee sexually harassed a student. The District will follow the process for informal resolution outlined in District Regulations AC-R1 – Harassment and Discrimination Investigation Procedures for Students or AC.
 

Notice and Training

To reduce unlawful discrimination and harassment and ensure a respectful school environment, the District shall provide notice of these procedures to all District schools and departments. The Regulation must be prominently posted on the District’s website, referenced in the Student Rights & Code of Conduct and otherwise be made available to all students, staff, and members of the public through electronic or hard-copy distribution.

District employees will receive periodic training related to handling reports of sexual harassment. Training materials are available to the public on the District’s website.
 

Revised by Superintendent: May 1, 2025

Policy ACE: Nondiscrimination on the Basis of Disability (PDF)

Poudre School District is committed to the policy of nondiscrimination on the basis of disability under all applicable laws, including but not limited to Section 504 of the Rehabilitation Act of 1973, 20 U.S.C. § 794 (“Section 504”) and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). Section 504 and the ADA provide that no qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any District program or activity. The District does not unlawfully discriminate on the basis of disability in access or admission to, or treatment or employment in, its programs or activities. The prohibition against discrimination includes a prohibition against harassment.

Nondiscrimination with Respect to Students
The District shall provide a free, appropriate public education to each of its students as provided by law. The District shall not discriminate against any student on the basis of disability, including but not limited to exclusion from curricular or extracurricular programs, services or activities.

Nondiscrimination in Employment
The District shall not discriminate against any qualified individual on the basis of disability in regard to job recruitment, application procedures or hiring; advancement in or termination of employment; job training, compensation or benefits; or other terms, conditions or privileges of employment. The District shall make reasonable accommodations to the known physical or mental limitations of any otherwise qualified individual with a disability who is a job applicant or employee, unless the District can demonstrate that the accommodation would impose an undue hardship on District operations or would require modification of the essential functions of the job at issue.

Nondiscrimination with Respect to Parents, Guardians and Members of the Public
The District shall make reasonable accommodations as required by law for members of the public who seek to participate in or enjoy the benefits of District programs, services or activities. The District shall also make reasonable accommodations as required by law for parents/guardians to attend their children’s curricular and extracurricular programs and activities, and to participate on the same basis as parents/guardians who are not disabled in school-related matters concerning their children such as parent- teacher conferences, IEP meetings, Section 504 meetings, disciplinary hearings, and the like.

Section 504/ADA Coordinators
The director of student services shall serve as the District Section 504/ADA coordinator with respect to District students and members of the public, and may be contacted at 1630 South Stover Street, Fort Collins, Colorado 80525; phone (970) 490- 3033. The executive director of human resources shall serve as the District Section 504/ADA coordinator with respect to District employees, and may be contacted at 2407 Laporte Avenue, Fort Collins, Colorado 80521; phone (970) 490-3620. The District Section 504/ADA coordinators shall ensure compliance with applicable laws prohibiting discrimination on the basis of disability, shall formulate procedures and guidelines to implement and administer the terms of this policy, shall coordinate the impartial
investigation of complaints and action taken based on such investigations, and shall monitor District operations and practices to ensure compliance with Section 504, the ADA and other applicable laws prohibiting discrimination on the basis of disability.

Resolution of Disability Discrimination Complaints
The following options for resolution of complaints alleging discrimination on the basis of disability are separate, distinct and voluntary. Neither the District nor any of its employees shall retaliate against any individual for exercising rights provided under Section 504 and/or the ADA, or for good-faith participation in the resolution of a disability discrimination complaint under this policy.

Individuals who believe they have been unlawfully discriminated against by the District on the basis of disability (or their parents/ guardians, in the case of students under 18 years of age and individuals unable to advocate for themselves) may seek to resolve their complaints as set forth in this policy. Whether or not an aggrieved individual files a complaint or otherwise requests action, the District is required by law to investigate allegations of unlawful discrimination of which it is made aware and to take steps to properly address discrimination it determines has occurred. In cases where unlawful discrimination has occurred, the District shall take the necessary steps to prevent its reoccurrence.

An impartial due process hearing may be requested at any time to resolve complaints alleging discrimination on the basis of disability regarding a student’s Section 504 identification, evaluation or educational placement in accordance with the procedure set forth below.

In addition to the grievance and impartial due process hearing procedures described below, complaints alleging discrimination on the basis of disability may at any time be submitted to mediation if agreed to by the complainant and the appropriate District Section 504/ADA coordinator, and/or may be filed with the United States Department of Education, Office for Civil Rights (“OCR”). Contact information for the Denver regional OCR office is: U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, Colorado 80204; phone: (303) 844-5695; TDD: (877) 521-2172; e-mail: OCR.Denver@ed.gov.

 

Grievance Procedure
Step 1: The complainant should complete Form AC-E (available in the Department of Student Services, the Department of Human Resources, the office at each District school and on the District’s website) and submit the completed Form to the school principal, the department director or the complainant’s supervisor (as applicable). If the complainant is unable to complete the form because of a disability or other legitimate reason, the complainant may have another person complete the Form on his/her behalf or may orally provide the information called for in the form to the appropriate District official. The District official to whom complaint information is orally submitted shall document it on the form, read the information back to the complainant and give the complainant an opportunity to correct the information read back. The principal/director/supervisor shall forward the form to the appropriate District Section 504/ ADA coordinator.

If disability discrimination is being alleged against the principal/ director/supervisor, the form should be filed directly with the appropriate District Section 504/ADA coordinator, and the matter shall thereafter proceed as specified in Step 3. If disability discrimination is being alleged against one of the District Section 504/ADA coordinators, the form should be filed with the other District Section 504/ADA coordinator, and the matter shall thereafter proceed as specified in Step 3.

Complaints shall not be accepted more than ninety (90) calendar days after the alleged discrimination occurred, except that extensions may be granted upon a showing that the complainant was prevented from timely filing as a result of circumstances beyond his/her control.

Step 2: The District Section 504/ADA coordinator’s designee shall promptly conduct an impartial investigation as necessary to determine the relevant facts, shall meet with the person(s) alleged to have engaged in the discrimination to get their account of the matter, and shall meet with the complainant to receive any additional evidence the complainant may wish to present and to attempt to equitably resolve the complaint. At the conclusion of such investigation and meeting(s), the District Section 504/ADA coordinator’s designee shall render a written determination regarding the complaint and provide a copy to: (a) the complainant; (b) the person(s) alleged to have engaged in the discrimination; (c) the member of the superintendent’s cabinet responsible for the school, department or program in which the alleged discrimination occurred; and (d) the appropriate District Section 504/ADA coordinator. The designee’s written determination shall be completed and provided to the specified individuals within thirty (30) calendar days after the District Section 504/ADA coordinator’s receipt of the complaint.

Step 3: If the complainant is not satisfied with the written determination of the complaint rendered by the District Section 504/ADA coordinator’s designee at the conclusion of Step 2, the complainant may appeal that determination to the appropriate District Section 504/ADA coordinator within ten (10) calendar days after receiving it. The appeal should be in writing and describe with specificity the basis of each point of disagreement with the written determination. If the complainant is unable to file the appeal in writing because of a disability or other legitimate reason, the complainant may have another person do so or may orally describe the basis of each point of disagreement with the written determination to the District Section 504/ADA coordinator. In the event of an oral appeal, the District Section 504/ADA coordinator shall document the information provided, read it back to the complainant and give the complainant an opportunity to correct the information read back.

Step 4: The District Section 504/ADA coordinator shall promptly review the appeal, conduct further investigation and/or meet with the complainant as the coordinator deems necessary, and shall render a written decision concerning the appeal within thirty (30) calendar days after receipt of the appeal. Copies of the coordinator’s written decision shall be provided to: (a) the complainant; (b) the person(s) alleged to have engaged in the discrimination; and (c) the member of the superintendent’s cabinet responsible for the school, department or program in which the alleged discrimination occurred.

Step 5: If the complainant is not satisfied with the written decision concerning the appeal rendered by the District Section 504/ ADA coordinator, the complainant may pursue any remedy or litigation authorized by law.

 

Impartial Due Process Hearing Procedure
A parent/guardian (or the student, if he/she is 18 years of age or older) may file a request with the director of student services for an impartial due process hearing to resolve a complaint alleging discrimination on the basis of disability regarding astudent’s section 504 identification, evaluation or educational placement. The request must state with specificity each issue the complainant wishes to have decided through the hearing process, and for each such issue must also state the remedy sought by the complainant. The request for an impartial due process hearing must be filed no later than five (5) months after the last date on which the alleged discrimination occurred, and should be in writing. If the complainant is unable to file the request in writing because of a disability or other legitimate reason, the complainant may have another person do so or may orally state to the director of student services each issue he/she wishes to have decided through the hearing process, and for each such issue the remedy he/she is seeking. In the event of an oral request for hearing, the director of student services shall document the information provided, read it back to the complainant and give the complainant an opportunity to correct the information read back.

The complainant and the District each have the right to be represented by legal counsel at the impartial due process hearing and in connection with any prehearing matters. If the complainant will be represented by legal counsel at the hearing, he or she must notify the District of that fact at the time the hearing is requested. If the District will be represented by legal counsel at the hearing, it must notify the complainant of that fact within three (3) business days of receiving the hearing request. Parties who choose to be represented by legal counsel shall be responsible for the payment of all costs and legal fees charged by their counsel.

Upon the director of student services’ receipt of an appropriate request for impartial due process hearing, the District shall retain an independent hearing officer who is knowledgeable about Section 504 and the ADA. The hearing officer shall coordinate with the parties to set a date, time and place for the hearing within thirty (30) calendar days of the initial request or as soon thereafter as reasonably practicable; shall advise the parties in advance regarding applicable hearing procedures and rules of evidence; and shall issue any prehearing orders deemed necessary or advisable.

The impartial due process hearing shall be recorded. Each party shall have the right to present witnesses, documents and other relevant evidence in support of their case. The independent hearing officer shall issue a written decision within ten (10) business days after the conclusion of the hearing that addresses each of the issues properly submitted. The hearing officer’s decision shall:
(a) be confined to matters concerning the student’s section 504 identification, evaluation or educational placement; (b) be based solely on relevant evidence introduced at the hearing; (c) include a summary of the relevant evidence presented and the reasons for the decision rendered; and (d) be provided to all parties to the hearing, including the parents/guardian of each student. The hearing officer may not assess or award attorney fees related to the hearing.

After the independent hearing officer has issued his/her decision, the recording of the impartial due process hearing, all physical and documentary evidence and all other items comprising the record of the hearing shall be returned to the District.

Within thirty (30) calendar days of receipt of the independent hearing officer’s written decision, either party may seek review of the decision in a court of competent jurisdiction, as authorized by law.

Policy JBB: Harassment of Students (PDF)

The Poudre School District is committed to maintaining a learning environment for students that is free from harassment based on protected class, as defined in District Policy AC – Nondiscrimination/Equal Opportunity. Harassment and discrimination by District employees, authorized volunteers, students and third parties are strictly prohibited. 

Harassment or discrimination means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student’s or group’s membership in, or perceived membership in, a protected class, as defined in District Policy AC – Nondiscrimination/Equal Opportunity, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute harassment or discrimination and is a violation of District policy if: 

• Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual’s access to an educational service, opportunity or benefit;
• Submission to, objection to, or rejection of the conduct or communication is used or explicitly or implicitly threatened to be used as a basis for educational decisions affecting the individual; or 
• The conduct or communication has the purpose or effect of unreasonably interfering with the individual’s access to their educational service, opportunity, or benefit or creating an intimidating, hostile, or offensive educational environment. 

Petty slights, minor annoyances, and lack of good manners do not constitute harassment or discrimination unless the slights, annoyances, or lack of manners, when taken in combination and under the totality of circumstances, meet the standard of harassment or discrimination as set forth in this policy. 

Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances, which may include, but is not limited to:

• The frequency of the conduct or communication, recognizing that a single incident may rise to the level of harassment or discrimination;
• The number of individuals engaged in the conduct or communication;
• The type or nature of the conduct or communication;
• The duration of the conduct or communication;
• The location where the conduct or communication occurred;
• Whether the conduct or communication is threatening; 
• Whether any power differential exists between the individual alleged to have engaged in harassment or discrimination and the individual alleging the harassment or discrimination;
• Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading;
• Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class;  
• Whether the conduct includes an act of physical violence; 
• For harassment or discrimination based on race or color, whether the conduct or communication uses nicknames emphasizing stereotypes, racial slurs, or negative references to racial customs;
• For harassment or discrimination based on religion, comments regarding surnames, religious tradition or religious clothing, as well as religious slurs and/or graffiti;
• For harassment or discrimination based on national origin or ancestry, comments regarding surnames, manner of speaking, customs, language or ethnic slurs;
• For harassment or discrimination based on sexual orientation, gender identity, gender expression, or transgender identity, name-calling and imitating mannerisms, and deliberately misusing a transgender student’s chosen name, form of address or gender-related pronoun; or
• For harassment based on disability or need for special education services, comments or conduct that imitate manner of speech or movement, hostile or offensive acts, and/or interference with movement or access to necessary equipment.

For the purposes of this policy, harassment also includes the use of hate speech or drawing, displaying, or posting images or symbols of hate on school grounds or at a school-sponsored event or activity that are reasonably expected to be divisive or demeaning and that express animus or promote violence against a particular group or individual on the basis of a protected class and are reasonably expected to be disruptive to the learning environment. Examples include use of the “N” word, or displaying symbols such as confederate flags or swastikas. 

Under Title IX of the Educational Amendments of 1972, sexual harassment is a form of sex discrimination and means conduct on the basis of sex. Sexual harassment is further defined in District Policy AC – Nondiscrimination/Equal Opportunity. Sexual harassment pursuant to Title IX is investigated under District Policy AC-R3. Sexual harassment that does not fall under the Title IX definition may still qualify as sex-based harassment under state law, in which case the District will investigate under District Regulation AC-R1 – Harassment and Discrimination Investigation Procedures for Students.  

All District employees, authorized volunteers and students share the responsibility to ensure that harassment or discrimination based on a protected class does not occur at any District school, on any District property, at any District or school-sponsored activities or events, when students are being transported in any vehicle dispatched by the District or one of its schools, or off school property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event. Toward that end:

• Any student or parent/guardian of a student who believes they have been a target of harassment or discrimination as defined in District policy, or who has witnessed harassment or discrimination, is encouraged to immediately report it to as set forth in District Regulation AC-R1 – Harassment and Discrimination Investigation Procedures for Students or District Regulation AC-R3 – Sexual Harassment Investigation Procedures.
• All District employees who witness harassment or discrimination must take prompt and effective action to stop the harassment or discrimination and forward the report and/or other information to the administrator or compliance officer for appropriate action.
• If the target of harassment or discrimination is a student with a disability who has an Individualized Education Program under the Individuals with Disabilities Education Act (an “IEP”) or a Plan under Section 504 of the Rehabilitation Act of 1973 (a “Section 504 Plan”), the investigation shall include a determination of whether the student’s receipt of a free appropriate public education (“FAPE”) under the IEP or Section 504 Plan may have been affected by the harassment. 

Remedial and/or disciplinary actions shall include measures designed to stop the harassment or discrimination, correct its negative impact on the affected student, and ensure that the harassment or discrimination does not recur. Steps shall also be taken to ensure that targets of and witnesses to harassment or discrimination are protected from retaliation for reporting harassment or discrimination or providing information in connection with a harassment or discrimination investigation.

If it is determined that a student’s receipt of FAPE under an IEP or Section 504 Plan may have been affected by harassment or discrimination, the District must promptly convene the student’s IEP team or Section 504 team to determine whether and to what extent: (a) the student’s educational needs have changed; (b) the harassment or discrimination impacted the student’s receipt of FAPE; and (c) different or additional services are needed to ensure the student’s ongoing receipt of FAPE. If different or additional services are needed, the student’s IEP or Section 504 Plan will be promptly revised and implemented.

The District will provide supportive measures and accommodations to affected students where appropriate as further identified in District Policy AC – Nondiscrimination/Equal Opportunity, District Policy AC-R1 – Harassment and Discrimination Investigation Procedures for Students, and District Policy AC-R3 – Sexual Harassment Investigation Procedures.

The District will train staff members to recognize and effectively deal with incidents of harassment or discrimination based on protected class. The District shall regularly review its compliance with this policy on the harassment of students and take necessary action where deficiencies are noted.

 

• Adopted by Board: August 14, 1995
• Revised by Board: October 11, 2004
• Revised by Board: April 24, 2006
• Revised by Board: April 28, 2015, effective July 1, 2015
• Revised by Superintendent: June 15, 2016, effective July 1, 2016
• Revised by Superintendent: August 14, 2020
• Revised by Superintendent: June 10, 2021, effective July 1, 2021
• Revised by Superintendent: August 22, 2024
• Revised by Superintendent: May 1, 2025

 

CROSS REFERENCES:

• AC - Nondiscrimination/Equal Opportunity
• AC-R1 - Harassment and Discrimination Investigation Procedures for Students
• AC-R3 – Sexual Harassment Investigation Procedures  
• ACE - Nondiscrimination on the Basis of Disability
• GBAA - Harassment or Discrimination of Employees
• JICDE - Bullying Prevention and Education

 

LEGAL REFERENCES:

• 42 U.S.C. 2000d (Title VI of the Civil Rights Act of 1964)
• 20 U.S.C. 1681 (Title IX of the Education Amendments of 1972)
• 29 U.S.C. 701 et seq. (Section 504 of the Rehabilitation Act of 1973)
• 42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
• 20 U.S.C. 1701 et seq. (Equal Educational Opportunities Act of 1974)
• C.R.S. 24-34-301(7), 24-34-402 & 24-34-601 et seq. (Colorado Civil Rights Statutes)
• 3 C.C.R. 708-1 (Colorado Civil Rights Commission Regulations)

Policy JICJ: Student Possession and Use of Personal Communication Devices (PDF)

As used in this policy, “personal communication device” or “PCD” is defined to include all student cell phones, pagers, iPods, MP3 players, Zunes, personal digital assistants, cameras, audio and/or video recorders and players, and all other hand-held electronic communication and data storage devices.

Students may only possess and use PCDs on District property, on a District vehicle, at a District or school-sponsored activity or event, and off District property when such possession or use has a reasonable connection to school or any District curricular or non-curricular activity or event, in accordance with the following rules:

• Students shall not use PCDs at any time they are in class or participating in or attending education-related activities, unless otherwise expressly authorized by the principal or his/her designee.

• Students shall keep PCDs out of sight at all times they are in class and at all times they are participating in or attending education-related activities, unless otherwise expressly authorized by the principal or his/her designee.

• Students shall keep PCDs turned off or dormant at all times they are in class and at all times they are participating in or attending education-related activities, unless otherwise expressly authorized by the principal or his/her designee. In this regard, “dormant” means elimination of all vibration alerts, alarms, ringtones, flashes, and other methods of notification of incoming calls or messages.

• Students shall not use PCDs when they are not in class or when they are not otherwise participating in or attending education-related activities if such use disrupts the educational process, interferes with or disrupts school operations, or interferes with or disrupts a District or school-sponsored activity or event, as determined by the principal or his/her designees.

• Students shall not use PCDs on District vehicles in a manner that may interfere with or disrupt the safe operation of the vehicle, as determined by District transportation officials or their designees.

• Students shall not use PCDs with cameras and/or video recording capabilities at any time they are in a bathroom, locker room or other location where such use could violate another person’s reasonable expectation of privacy, and shall keep PCDs with cameras and/or video recording capabilities out of sight at all times they are in a bathroom, locker room or other location where such PCDs could violate another person’s reasonable expectation of privacy.

• Students shall not use PCDs to send, receive or store pornography or sexually oriented images, photographs, videos, or messages in written or audio form, that may be reasonably perceived as having the purpose or effect of stimulating erotic feelings or appealing to prurient interests.

• Students shall not possess or use PCDs in any manner that involves a violation of any law, District policy or regulation, or established school rules.

Rules 1-3 above shall not apply to the extent they conflict with a student’s IEP or Section 504 Plan. Rules 1-4 above shall not apply in an emergency situation affecting a student at school. As used in this policy, an “emergency situation” is defined as a situation that threatens loss of life, personal injury and/or damage to the personal property of the affected student.

Students who violate any of the foregoing rules are subject to one or more of the following consequences for each violation:

• Confiscation of the PCD possessed or used in violation of the rules for a period of time to be determined by the principal or his/her designee, up to and including the remainder of the school year. The return of confiscated PCDs may be conditioned on a meeting between the student’s parent/guardian and the principal or his/her designee to discuss the violation and steps that may be taken to ensure future compliance with the rules in this policy.

• Receiving a failing grade with respect to any test or assignment during which the student possessed or used a PCD in violation of the rules in this policy.

• Discipline, including suspension or expulsion from school.

• Referral of the matter to law enforcement authorities when the student’s PCD possession or use may involve a violation of the law.

Policy JS: Student Use of District Information Technology (PDF)

Student use of District information technology is a privilege, not a right, and is only authorized for education-related purposes. Student use of District information technology shall be in accordance with this policy, in accordance with governing law and in accordance with other relevant District policies and regulations. Each time a student uses a District computer or network, the student shall acknowledge the terms and conditions in this policy that govern the student’s use of District information technology.

Student authorization to use District information technology may be suspended at any time it is in the District’s best interest to do so, as determined by the District in its sole discretion. The District reserves the right to set and revise limits on student network bandwidth usage and e-mail and file storage on District computers. Student authorization to use District information technology shall be terminated when the student ceases to be enrolled in a District school or program.

As used in this policy, “District information technology” includes District computers, personal communication devices (“PCDs”), e-mail and Internet access. As used in this policy, the term “computer” includes all District computers, computer systems and networks, computer hardware and associated peripheral equipment, and software purchased, licensed or developed by the District. As used in this policy, “personal communication device” or “PCD” includes all District tablets, cameras, audio/video recorders, audio/video players, and other hand-held electronic communication, computing and data storage devices.

Students may be issued District laptop computers and/or PCDs to be used at school and away from school, which may be conditioned on the payment of a charge for District insurance covering such laptop computers and/or PCDs. Intentional or reckless student acts and omissions that result in damage or loss of District laptop computers and/or PCDs may result in loss of the privilege of being issued a District laptop computer and/or PCD.

•  No Expectation of Privacy
  Because all student communications and all related documents, data, software and other information stored on District computers and/or PCDs are authorized only for education-related purposes as part of the District’s instructional program, students shall have no expectation of privacy with respect to their use of District information technology and Internet access. The District reserves the right at any time and without notice to monitor such use and to inspect, copy, review, segregate, store and/or remove any or all communications, documents, data, software and other information related to such use.

• Computer and PCD Security
  Student passwords for logging on to District computers, and for accessing District computers, e-mail and the Internet through other means, shall be carefully guarded to ensure that they are used only by authorized persons. Students shall not disclose their passwords to anyone besides their parent/guardian, shall not allow another person to gain access to District computers, e-mail or the Internet through the use of their passwords unless expressly authorized by a building technology coordinator or District technology support personnel, and shall not use another person’s password to gain access to District computers, e-mail or the Internet unless expressly authorized by a building technology coordinator or District technology support personnel. The executive director of information technology shall prescribe requirements for password complexity and for the period of time a password may remain in effect before needing to be changed.

   

  Students shall not leave unattended any computer or PCD without first closing all applications through which the District’s confidential student and/or personnel information may be accessed, and shall not leave a District laptop computer, PCD or other portable technology for which they are responsible where it can be taken or used without authorization. Students shall password protect their PCDs.

• Student Safety
  Students shall not disclose their names or other personally identifiable information such as photographs, home addresses or telephone numbers in connection with their individual use of the Internet through District computers and/or PCDs. Students shall not disclose information that might allow another person to locate them in connection with their individual use of the Internet through District computers and/or PCDs, and shall not arrange face-to-face meetings with persons individually met on the Internet via e-mail or through other electronic communications.

• Email
  After an e-mail is received in a student’s inbox, the student may retain it in the inbox, save it in another folder or delete it. E-mail deleted from the student’s inbox, saved e-mail folders and sent items folder remains accessible through the student’s account in the “deleted items” folder. The information technology department shall purge student e-mail at the end of each school year in order to help maintain sufficient storage space on the District’s system, unless otherwise required by law or District policy, or dictated by District needs.

•  Internet
  Technology protection measures that block or filter Internet material that is obscene, child pornography or otherwise harmful to minors, as provided by law, shall be utilized on all District computers and PCDs through which students may gain Internet access. District employees responsible for classes, programs or activities involving student Internet access shall instruct the students, prior to allowing such access, regarding Internet safety and appropriate online behavior. District employees responsible for classes, programs or activities involving student Internet access shall also assist the students to develop skills to discriminate among information sources, to identify information appropriate to their age and developmental levels, and to search, evaluate and use information appropriate to their educational goals. The District may monitor students’ online activity to verify that they are safely and appropriately using the Internet. Despite these protections, it is possible that a student might encounter inappropriate material through Internet access using the District’s computers, PCDs and/or network. If this occurs, the student shall immediately back out of the site and notify a responsible District employee.

• Hardware, Peripherals, Software and Programs
  Students shall not hook up or otherwise attach any hardware or peripheral equipment to a District computer or PCD unless expressly authorized by a building technology coordinator or District technology support personnel. Students shall not directly or indirectly modify or circumvent the operating condition set by the information technology department on any District computer or PCD unless expressly authorized by a building technology coordinator or District technology support personnel.

• Prohibited Uses
  Students shall not use District information technology to generate, send, receive or store communications, documents, data, software or other information that:

   

  • contains sexually oriented content or pornography, in either written or picture form, that may be reasonably perceived as having the purpose or effect of stimulating erotic feelings or appealing to prurient interests;
  • directs profanity, obscenities or vulgar language toward another person or classification of persons;
  • promotes violence or advocates unlawful acts;
  • concerns the purchase or manufacture of weapons, controlled substances, or items that it is not lawful to acquire and/or own;
  • harasses, bullies, threatens or promotes violence against another person or classification of persons;
  • concerns the purchase or sale of goods and/or services, or any transaction or advertising related to the student’s personal interests or profit;
  • constitutes plagiarism;
  • defames another person or classification of persons;
  • violates another person’s confidentiality rights, or discloses information regarding which another person has a reasonable expectation of privacy;
  •  involves impersonation or electronic transmission through an anonymous remailer;
  •  involves unauthorized access to District computers, computer files, e-mail accounts, e-mail files, or Internet sites;
  •  involves unauthorized use or downloading of software, files or data;
  •  violates federal, state or local law, including but not limited to criminal law and trademark, copyright or patent law;
  •  violates District policy or regulation;
  • interferes with the normal operation or use of District computers, e-mail or Internet access, or otherwise disrupts District operations;
  •  interferes with a school’s ability to provide educational opportunities to students.

• Consequences for Policy Violation
  Students found to be in violation of this policy shall be subject to consequences that may include the suspension or revocation of use privileges, detention, and suspension or expulsion from school.

Policy JFBA: Choice/Open Enrollment (PDF)

Policy KEC: Public Concerns/Complaints About Instructional Resources (PDF)

Educational materials which may be deemed by some as objectionable may be considered by others as having sound educational value or worth. Any concerned District resident or employee of the District may request reconsideration of educational materials; however, the challenged material will not be removed from circulation while the District’s reconsideration process occurs. The rights of students, parents, and teachers shall be respected. If complaints arise regarding educational materials, subject matter, or programs aired on the District’s television station(s), they shall be handled by a fair and orderly process within a reasonable period of time. District personnel or the Board of Education, individually or collectively, who receive complaints shall not give formal consideration to such complaints until they have been addressed in the following manner:

• If the complaint is lodged directly with the media specialist or a classroom teacher, an immediate dialogue between the teacher and the complainant is encouraged with the hope that the concern may be resolved at that level with no further action necessary.

• If the complaint is lodged with other than the media specialist or classroom teacher or an administrator, the matter shall be referred immediately to the media specialist or classroom teacher and the building principal.

• The first effort of a principal or other administrator in dealing with a complaint shall be to allow the media specialist or classroom teacher involved to seek resolution of the concern with or without the involvement of the principal as circumstances may indicate.

• The District Media and Technology Support Center shall be notified of all requests for reconsideration regarding educational materials and may assist the media specialist or classroom teacher and/or principal by providing review and selection information.

• If attempts at informal resolution of the complaint are unsuccessful, the complainant shall fill out the reconsideration form provided by the District, after which a hearing shall be held involving the complainant, the media specialist or classroom teacher, the principal or other administrators, and other appropriate parties. Every reasonable effort shall be made to settle the matter at this level.

• If further consideration is necessary, the complaint shall be referred to the executive director of student achievement and professional development, and a decision shall be made as to whether temporary restrictions shall be placed on the use of the materials or subject matter pending resolution of the concern.

• The executive director of student achievement and professional development shall select and chair a committee including appropriate representation of teachers, administrators, media specialists, and parents or other citizens. This committee shall hear all parties involved in the complaint and render to the complainant its decision in writing within 10 school days following the hearing.

• The complainant shall be informed that any further consideration of the matter shall require arrangement with the superintendent, who will make final determination.

• Textbooks or supplementary text materials previously approved by the Board shall not be included in these procedures but shall be referred to the appropriate instructional improvement committee which shall make recommendations through the action review committee to the Board concerning their continued use.

Policy KEC-E: Public Concerns/Complaints Form (PDF)

Policy KI: Visitors to Schools (PDF)

All visitors to Poudre School District schools shall be subject to the terms of this policy. Failure to comply with the terms of this policy may result in the denial or withdrawal of the visitor’s authorization to visit the school, and/or referral of the matter to law enforcement.

• As used in this policy, “visitor” includes any person who is not a member of the student body and who is not a member of the regular school staff, and who comes upon school grounds and/or enters a school building.

• School visitation by District employees who are not members of the regular school staff shall occur as determined by the District to be necessary or advisable.

• School visitation by individuals who are not District employees is a privilege, not a right, which may be limited, denied or revoked by the District, principal, or principal’s designee based on considerations of student and/or staff safety, efficient school operations, maintenance of a proper educational environment, or failure to comply with the terms of this policy.

• The District or school may authorize individuals who are not District employees to visit a school and/or to observe or participate in school activities, including but not limited to education-related activities, as deemed by the District or school to be necessary, appropriate or in the best interest of the District, the school, and/or one or more students or staff members at the school. The time(s) and duration(s) of such visits shall be determined by the District or school.

• Notwithstanding the terms of paragraph 4 above and unless otherwise authorized by the appropriate assistant superintendent of school services, requests by individuals who are not District employees to observe classrooms or other areas of the school where education-related activities are in progress shall only be approved for: (a) the parents/guardian of a student in the classroom or area being visited; (b) relatives of a student in the classroom or area being visited; and (c) other visitors authorized by the student’s parents/guardian whose observation is reasonably necessary for the student’s benefit, as determined by the District or school. With respect to such requested observations:
  • No more than three (3) visitors shall be approved to observe at any one time, except in unusual circumstances as authorized by the appropriate assistant superintendent of school services.
  • Visitors approved to observe shall not interfere, distract or otherwise disrupt the education-related activities.
  • Approved observations by all visitors concerning a particular student shall be considered in the aggregate and shall be limited to the period of time one (1) day per week established by District or school rules, except in unusual circumstances as authorized by the appropriate assistant superintendent of school services.
• All visitors to school buildings must enter only through designated doors and report directly to the school office immediately upon entering the building.

• Upon reporting to the office all visitors must state their business to a school official, who may request any confirmation of the visitor’s identity or business, documentation, or other information the official deems necessary in the interest of securing the safe and efficient operation of the school. If the visitor is deemed to have legitimate business at the school, he or she may be authorized access to those parts of the school building and grounds necessary for that business. In such cases, the visitor: (a) may be required to sign in and out; (b) may be required to wear an identification badge, which must be prominently displayed at all times the visitor is at the school and which must be returned before the visitor leaves the school; and (c) may be required to be accompanied by a District employee for some or all of the visit.