Regulation 4880-3

Working Conditions

Procedure for Complaints of Sexual Harassment

Reviewed and affirmed by the Board:  09/23/2025
Last Revision: 09/23/2025
Original publish date: 08/11/2020
Related policies & regulations:  
Legal references:  

 

A. Complaint Procedure - Generally

All employees are responsible for helping to prevent discrimination on the basis of sex.  Employees, or students who believe they have been subjected to, or believe they have witnessed, discrimination on the basis of sex should contact the Title IX Coordinator.
 
The following individuals may file a complaint alleging sex-discrimination:

  1. A student or employee of Lincoln Public Schools who is alleged to have been subjected  to conduct that could constitute discrimination on the basis of sex.
  2. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
  3. The District’s Title IX Coordinator(s).

Anyone making a claim of discrimination must submit the complaint in writing to the Title IX Coordinator using the following contact information:
 
Blake Simpson, Director of Employee Relations, Benefits and Personnel
Title IX Coordinator responsible for complaints concerning employees
5905 O Street, Lincoln, NE 68510
402-436-1571
bsimpso3@lps.org
 
Ryan Zabawa, Director of Student Services
Title IX Coordinator responsible for complaints concerning students
5905 O Street, Lincoln, NE 68410
402-436-1651
rzabawa@lps.org
 
Complaints of discrimination on the basis of sex shall be investigated and, if substantiated, corrective or disciplinary action taken, up to and including dismissal from employment if the offender is an employee, or suspension and/or expulsion if the offender is a student. Retaliatory action will not be taken against an employee or student for good faith reporting discrimination or harassment.

The following will apply to all investigations of sex-discrimination, pursuant to this procedure:

  1. The District will treat complainants (the employee, student, or representative making the claim) and respondents (those accused of sex discrimination) equitably.
  2. The District will not permit any Title IX Coordinator, investigator, or decisionmaker to have a conflict of interest or bias for or against any complainant or respondent.
  3. The District will ensure that the Title IX Coordinator, investigator, and decisionmaker will not predetermine or presume that the respondent is responsible for the alleged sex-based discrimination until a determination is made at the conclusion of the investigation process.
  4. The District will take reasonable steps to protect the privacy of the parties and witnesses during the grievance process.  These steps will not restrict the ability of the parties to obtain and present information, including speaking to witnesses, consulting with their family members, confidential resources, or advisors; or otherwise preparing for or participating in the grievance procedures.
  5. The District will not allow the parties to engage in retaliation.
  6. The District will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
  7. The District will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

B. Informal Complaint Process

When the Title IX Coordinator receives or initiates a concern of possible sex discrimination in the District, the Coordinator may designate a District employee (including themselves) to initiate an investigation.  Within a reasonable time after receipt of the concern, the Title IX Coordinator may file a formal Title IX Complaint if the Coordinator determines a formal complaint is warranted.

C. Formal Complaint Process for Complaints of Sexual Harassment

The following procedures apply only in the event that a Formal Complaint is filed with the Title IX Coordinator. All other reports of sexual harassment shall be resolved using the informal complaint process or other Board Policies. Any timelines set forth in the following procedures may be extended by the Title IX Coordinator with notice to the parties. 
 

  1. Misconduct Which May Be Investigated Under a Formal Complaint:  The Formal Complaint process is only available if the Formal Complaint alleges: (i) conduct which occurs on District grounds or property owned or controlled by the District; (ii) conduct which occurs in the context of District employment or an education program or District-sponsored activity within the United States, and (iii) conduct which occurs when the District has substantial control over both the Respondent and the context in which the sexual harassment or sexual misconduct occurs.  The conduct must also fall within one of the following categories: (a) an employee of the District conditioning an aid, service, or benefit of the District on an individual’s participation in unwelcome sexual contact; (b) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the District’s education program or activity; (c) sexual assault; (d) domestic violence; (e) dating violence; or (f) stalking. 
  2. Parties to a Formal Complaint: The only parties to a Formal Complaint are the Complainant, who is the person alleged to have been subject to misconduct, and the Respondent, the person who is alleged to have committed the misconduct.
  3. Filing a Formal Complaint: A Formal Complaint may only be filed by a Complainant or the Title IX Coordinator.  An employee or student Complainant may file a Formal Complaint in writing with the Title IX Coordinator in person, by mail, or by electronic mail.  The Formal Complaint must be signed by the Complainant or by the Title IX Coordinator. 
  4. Dismissal of Formal Complaint: Upon receipt of a Formal Complaint, the Title IX Coordinator will conduct an initial assessment of the allegations contained within the Formal Complaint to determine if the allegations in the Formal Complaint, if true, allege misconduct which may be investigated under the Formal Complaint process.  If the allegations in the Formal Complaint do not allege misconduct which may be investigated under the Formal Complaint process, the Title IX Coordinator must dismiss the Formal Complaint and may proceed under the general complaint process.
  5. Notice of Formal Complaint: If the allegations in the Formal Complaint allege misconduct which qualifies under the Formal Complaint process (as outlined in Paragraph C.1.), the Title IX Coordinator shall provide the following to all known parties: (1) The complaint procedure as outlined in this policy; and (2) Notice of the allegations of sexual harassment, known by the District at the time of filing the Notice, including (i) the identities of the parties involved, if known, (ii) the conduct allegedly constituting sexual harassment, and (iii) the date and location of the alleged incident. 
  6. Investigation of Formal Complaint: Upon receipt of a Formal Complaint, the Investigator will promptly investigate the allegations contained within.  The Investigator will complete the investigation within a reasonable time frame, as determined by the Title IX Coordinator and may be extended upon the determination of the Title IX Coordinator.  Prior to the conclusion of the investigation, the Investigator shall send each party the evidence that is subject to inspection and review in an electronic format or a hard copy.  This information shall be known as the “Draft Investigative Report.”  The Draft Investigative Report shall include all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the Investigator does not intend to relay to the Decisionmaker.  The parties shall then have ten (10) calendar days to submit a written response, which the Investigator will consider.  The Investigator will consider the information provided by the parties and will incorporate relevant information into the Final Investigative Report.  The Final Investigative Report will fairly summarize the relevant evidence.  The Investigator shall then submit the Final Investigation Report to the Decisionmaker.  The parties shall each receive a copy of the Final Investigative Report at the same time as the Decisionmaker.
    1. Additional Rights of the Parties During Formal Investigations:
      1. During any meetings or interviews, any party may bring up to two people to this meeting: (1) Support Person and/or (2) Advisor of Choice. The Advisor of Choice may or may not be an attorney. Neither the Support Person nor the Advisor of Choice can direct questions or comments to the Investigator, nor may the Support Person or Advisor of Choice advise a student or employee how to answer the Investigator’s questions. 
      2. The District shall provide written notice of the date, time, location, participants, and purpose of any investigative interviews or other meetings throughout the course of the formal investigation to the party whose participation is invited or expected.
  7. Determination of Responsibility Under Formal Complaint: Upon receipt of the Final Investigative Report, the Decisionmaker shall provide 10 days for each party to submit written, relevant questions that a party wants asked of any party or witness.  Questions shall be submitted to the Title IX Coordinator who shall determine whether questions are relevant.  The Title IX Coordinator shall contact parties or witnesses to request answers to the parties’ relevant questions.  The Title IX Coordinator will provide each party, and the Decisionmaker with the answers provided by the opposing party or witness and allow for additional, limited follow-up questions from each party. Once the Decisionmaker has received the answers to relevant questions submitted by the parties, the Decisionmaker shall consider the answers and the Decisionmaker shall issue a written determination regarding responsibility by a preponderance of the evidence within a reasonable time frame, as determined by the Title IX Coordinator. The Decisionmaker shall consider all relevant evidence, including inculpatory and exculpatory evidence, and will not consider the credibility of the evidence to be based on a person’s status, such as the Complainant, Respondent, or witness. The Decisionmaker shall provide the written determination to both parties simultaneously. The written determination shall include:
    1. Identification of the allegations potentially constituting sexual harassment;
    2. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather evidence;
    3. Findings of fact supporting the determination;
    4. Conclusions regarding the application of each recipient’s code of conduct to the facts;
    5. A statement of, and rationale for, the results as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the Complainant; and
    6. The recipient’s procedures and permissible bases for the Complainant and Respondent to appeal.
  8. Appeal of Formal Complaint: If either party is not satisfied with the outcome of the investigation and the decision of the Decisionmaker, they may appeal only on the following bases:
    1. Procedural irregularity that affected the outcome of the matter; 
    2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or
    3. The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against the Complainant or Respondent generally or the individual Complainant or Respondent that affected the outcome of the matter.

The request for an appeal shall be in writing and submitted to the Superintendent within ten days of the receipt of the Final Report.  Upon notice of an appeal by either party, the Superintendent shall notify the other party in writing when the appeal is filed and of the appeal procedures, which apply equally to both parties. The Superintendent shall give both parties a reasonable and equal opportunity to submit a written statement in support of or challenging the outcome. The Superintendent shall review the investigative report, Decisionmaker’s determination, and written statements of the parties and then issue a written decision describing the result of the appeal and the rationale for the result. The Superintendent shall provide the written decision simultaneously to both parties.

D. Removal from Education Environment During Investigation

During an investigation under a general complaint or a formal complaint, the District may place an employee on administrative leave during the pendency of the investigation. The District may also act to remove a student respondent entirely or partially from its education programs or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual arising from the allegations justifies removal.

E. Supportive Measures

Throughout the investigation, either party may be entitled to supportive measures. The Title IX Coordinator is responsible for coordinating the implementation of supportive measures.  Complainants and Respondents are both entitled to supportive measures.  Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus and other similar measures. The District shall maintain as confidential any supportive measures provided to the complainant or respondent to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

F. Recordkeeping

The District will maintain relevant documentation obtained during the investigation and findings, supportive measures, and disciplinary sanctions for a period of seven years.