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ACCB-AP Protection for Learner Victims of Sexual Offenses

The purpose of this policy is to establish clear procedures which ensure the safety and well-being of learners on school property who are survivors of sexual offenses committed by peers.

This policy shall be applied in conjunction with federal Title IX requirements and the District’s established Title IX Sexual Harassment Grievance Procedure (AAC-AR2) and Nondiscrimination and Anti-Harassment Policy (AAC). Where conduct falls within the jurisdiction of Title IX, the District shall initiate and follow the grievance procedures outlined in AAC-AR2. Implementation of this policy shall not supersede or replace federally required grievance procedures.

Scope and Applicability

This policy applies when the District is notified that a learner enrolled in the District (a “responsible learner”) has been adjudicated as a delinquent juvenile or convicted as an adult for a sexual offense involving another learner enrolled in the District (a “victim”), regardless of whether the offense occurred on or off school property.

In contrast, when the alleged sexual misconduct occurs within the District’s education programs or activities — including on school grounds, during school-sponsored events, or in locations where the District has substantial control — such conduct may fall within the jurisdiction of Title IX of the Education Amendments of 1972.

In such cases, the District is required to follow its Title IX Sexual Harassment Grievance Procedure (AAC-AR2) and cannot substitute the safety plan process under this policy for the federally mandated grievance process. If both this policy and Title IX are triggered, the Title IX procedure takes precedence with respect to investigatory and disciplinary decision-making, while a safety plan under this policy may supplement but not replace that process.

Definitions

For the purpose of this policy:

Responsible learner means a learner enrolled in a school who is an adjudicated juvenile or an adult convicted of committing a sexual offense upon another learner enrolled in the same school.

Sexual offense means an offense under NDCC Ch. 12.1-20 for which "sexual act" or "sexual contact" is an element as defined under the chapter, including sexual imposition and gross sexual imposition, sexual abuse of a child, sexual abuse of wards, sexual act in public, sexual assault and any other acts with the requisite elements; and offenses including corruption or solicitation of minors; luring minors by computer or other electronic means; indecent exposure; surreptitious intrusion; and sexual extortion.

Safety Plan

Upon notification of a responsible learner enrolled in the District and a copy of an order of disposition or judgment provided by juvenile court, the state's attorney, or a victim,

the District shall develop an individualized safety plan. Each safety plan shall be aimed at eliminating direct or indirect contact between the responsible learner and the victim. Components may include:

  1. Consideration of the victim's input.
  • Determination of whether Title IX procedures apply and referral to the Title IX Coordinator, as appropriate.
  1. No contact between the responsible learner and the victim.
  2. Holding an expulsion hearing for the responsible learner which grants procedural due process to the responsible learner as provided by law and within the time period prescribed under N.D.C.C. § 15.1-19-09. For a misdemeanor offense, before holding an expulsion hearing, school administration shall review the offense to determine whether an expulsion hearing is warranted.
  3. Transferring the responsible learner to an alternative education program, which may include virtual education if the responsible learner is properly supervised.
  4. Transferring the responsible learner to another school or building within the school district.
  5. Keeping the responsible learner separate from the victim at all times in school buildings and educational activities, if transferring the responsible learner is not possible. Efforts to keep them separate may include:
  • Rearranging classroom schedules and seating
  • Adjusting transportation arrangements
  • Providing guidelines for and/or monitoring the responsible learner's use of facility areas (e.g., lunchroom, restrooms, gymnasium, etc.)
  • Supervision adjustments
  1. Reviews, as needed, of the safety plan to assess necessary adjustments and ensure continued safety of the victim.
  2. Other measures deemed appropriate to ensure the safety of the victim.

The school shall determine the duration of a separation resulting from the safety plan based on:

  1. The victim's input and well-being;
  2. The responsible learner's age at the time of adjudication or conviction;
  3. The nature and severity of the offense;
  4. The responsible learner's compliance with recommended intervention programs;
  5. The input of the victim's and/or responsible learner's legal guardian(s) or custodian(s), child welfare and mental health professionals, and legal representatives; and
  6. Other factors deemed appropriate.

Coordination and Confidentiality

Individual safety plans shall be developed collaboratively by administration, school counselors, victim support staff, law enforcement/child protection agencies, special education teams (when applicable), and other interested/ relevant parties, as appropriate.

All parties involved must maintain confidentiality as required under state and federal law, limiting disclosures to individuals with a clear need to know. Either the victim or responsible learner (or their applicable legal guardian or custodian) may request a review of the safety plan, including modification or removal of restrictions.

If conduct falls under Title IX, the plan must not interfere with the federally required grievance process. Safety interventions should occur alongside—not instead of—Title IX procedures when both apply.

Learner Support

The District may assign a trained staff member (e.g., counselor, psychologist) to support the victim and/or responsible learner as appropriate or required.

The safety plans shall be developed with the goal of causing as little disruption as possible to the learners' learning environments. The District shall ensure that learners' academic and emotional needs are monitored regularly, with access to necessary accommodations (e.g., remote instruction, mental health services) as appropriate and developed with the learners and their support teams.

Notification to School

Upon adjudication or conviction of a responsible learner, the juvenile court in a juvenile case or the state's attorney in an adult case shall provide the superintendent or designee of the school district in which the responsible learner is enrolled with a copy of the order of disposition or judgment and, upon consent of the victim, the victim's name. A record provided under this section is confidential under the Juvenile Court Act, NDCC § 27-20.2-21.

Notification to Parents

The District shall notify the parents/guardians of both the victim and responsible learner about the safety plan measures and any disciplinary actions in accordance with the Family Educational Rights and Privacy Act (FERPA) and other confidentiality requirements required by North Dakota and federal law. Care must be taken not to disclose information in a manner that compromises due process rights or violates federal privacy laws under Title IX and FERPA.

Training and Awareness

Applicable District staff shall receive annual professional development covering:

  1. State and federal requirements regarding learner victim safety and safety plan development;
  2. Procedures for addressing sexual offense adjudications and convictions; and
  3. Trauma-informed response strategies and available support resources.
  4. Title IX grievance process requirements, including the roles of the Title IX Coordinator, investigator, and decision-maker.

Confidential Record-Keeping

The District shall maintain confidential records including:

  1. Documentation of the order of disposition or judgment against the responsible learner and the victim identification (upon consent of the victim).
  2. Individual safety plan documentation.
  3. Communications with parents/guardians.
  4. Outcome tracking (e.g., implementation, effectiveness, and follow-up actions).

These records must be stored securely and treated as confidential educational records. If part of a Title IX investigation, these records must also comply with Title IX record-keeping requirements under 34 C.F.R. § 106.45(b)(10).

Adopted: 07/28/25

Reviewed:

Revised: