DAOF Title IX and Non-Discrimination Notice

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Policy of Non-Discrimination

Digital Academy of Florida is committed to providing an environment that prohibits discrimination in access to education programs and activities and prohibits harassment of any individual or group on the basis of race, color, national origin, religion, sex, age, disability, marital status, sexual orientation or genetic information (and other protected classes included in the district’s non-discrimination policies). Digital Academy of Florida reserves the authority to independently deal with sex discrimination and sexual harassment whenever becoming aware of their existence, regardless of whether a complaint has been lodged.

Title IX Information and Assistance

Digital Academy of Florida is a public online school which complies with Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex (including sexual orientation or gender identity) in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Sexual violence is defined by the U.S. Department of Education and its Office for Civil Rights (OCR) referring to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. Title IX protects students from sexual harassment in a school’s education programs and activities. This means that Title IX protects students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school bus, at a class or training program, class connect sessions, and school-sponsored activities (such as extracurricular events or field trips). Please refer to Hendry County Board Policy 2266 for further detail.

Definition of Sex Discrimination and Sexual Harassment (for Students):

Sex discrimination occurs when a person, because of his or her sex, is denied participation in or the benefits of any education program or activity that receives federal financial assistance.

Sexual harassment is conduct that: 1) is sexual in nature; 2) is unwelcome; and 3) denies or limits a student’s ability to participate in or benefit from a school’s educational program or activity. Sexual harassment can be verbal, nonverbal, or physical.

Any individual, who believes he/she may have experienced any form of sex discrimination or sexual harassment, or who believes that he/she has observed such actions taking place, may receive information and assistance regarding the School’s policies and reporting procedures from any of the following:

Title IX Grievance Guidelines

Any student, parent/guardian, current or prospective employee, or other individual within the school community who believes he/she has experienced and/or observed sex discrimination or sexual harassment (“grievant”) should promptly report the matter to the school’s Title IX Coordinator, school counselor, principal, or other school administrator. 

Complaints of alleged sex discrimination, including sexual harassment, brought by students, parents/guardians, current or prospective employees, and other members of the school community shall be promptly investigated in an impartial and confidential manner, to the extent reasonably possible, so that corrective action may be taken if necessary. 

Grievance Procedures

Prompt Reporting 

DAOF encourages the prompt reporting of claims of sex discrimination and/or sexual harassment. Timely reporting facilitates the investigation and resolution of complaints. A link to the grievance/complaint form is listed in Appendix 1 of the PSHB.  (Title IX Grievance Complaint Form)

As it pertains to students, and where appropriate due to the age or circumstances of the student, a parent/guardian or school administrator may be permitted to submit a complaint on the student’s behalf.  

Notice of Procedures 

At the time a complaint is filed, the grievant shall be provided a copy of these grievance procedures. The Title IX Coordinator or designee shall explain the process and answer any questions regarding the procedure. 

If the grievant is a minor student, the Title IX Coordinator shall consider whether a report of suspected child abuse or neglect should be filed in accordance with applicable school policy and Florida law. 

Rights of Both Parties 

DAOF will not restrict the rights of either party to discuss the allegations under investigation or to gather and present relevant evidence. 

Both the complainant and respondent shall be provided an equitable opportunity to: 

  • Present witnesses; 
  • Submit relevant documents and evidence; 
  • Identify individuals with relevant information; and 
  • Respond to information gathered during the investigation. 

Investigation Process 

The Title IX Coordinator or designee shall investigate the complaint as promptly as practicable but in no case more than ten (10) working days from the date the complaint is received. 

The Title IX Coordinator or designee shall have the cooperation of all persons involved in the investigation. The investigator shall meet with all individuals reasonably believed to possess relevant information, including the complainant, respondent, witnesses, and any other individuals with relevant information. 

The investigation shall be conducted discreetly and confidentially to the extent reasonably possible while still allowing for a thorough and effective investigation. 

Informal Resolution Process 

After a formal complaint has been filed, and when appropriate under the circumstances, DAOF may offer an Informal Resolution Process. 

Participation in the Informal Resolution Process is voluntary for both parties. Either party may withdraw from the Informal Resolution Process at any time and resume the formal grievance process. 

DAOF will not require participation in an informal resolution process as a condition of enrollment, employment, or participation in any educational activity. 

Complaint Dismissal Process 

A complaint may be dismissed when: 

  • The alleged conduct would not constitute a Title IX violation even if proven true; 
  • The complainant requests withdrawal of the complaint; 
  • The respondent is no longer enrolled or employed by DAOF; or 
  • Specific circumstances prevent DAOF from gathering sufficient evidence to reach a determination. 

Written notice of dismissal and the reason(s) for dismissal shall be provided to both parties. 

A dismissal under Title IX does not prevent DAOF from addressing the conduct under other applicable Board policies, student conduct policies, employee policies, or state law. 

Determination Timeline 

If no agreement satisfactory to the parties is reached through the Informal Resolution Process within twenty (20) working days from receipt of the complaint, the Title IX Coordinator or designee shall prepare a written report and submit it to the Director of Schools within thirty (30) working days from receipt of the complaint. 

The Director of Schools shall review the investigation findings and provide recommendations to the Title IX Coordinator within fifteen (15) working days of receiving the grievance report. 

If circumstances require additional time due to the complexity of the investigation, availability of witnesses, school breaks, or other good cause, both parties shall be notified of the delay and the anticipated timeline for completion. 

Corrective Action 

If, after investigation, the Title IX Coordinator or designee determines there is reasonable cause to believe sex discrimination or sexual harassment has occurred, DAOF shall take prompt and appropriate corrective action to ensure the conduct ceases and does not recur. 

Recordkeeping 

The Title IX Coordinator shall maintain records of complaints, investigations, evidence, informal resolutions, determinations, corrective actions, complaint dismissals, and supportive measures in accordance with applicable federal and state record-retention requirements. 

Retaliation Prohibited 

Retaliation against any individual for filing a complaint, participating in an investigation, providing information, serving as a witness, or otherwise exercising rights under Title IX is strictly prohibited. 

DAOF shall take all necessary steps to prevent and address acts of retaliation. 

Independent School Authority 

DAOF reserves the authority to independently investigate and address sex discrimination or sexual harassment whenever the school becomes aware of its existence, regardless of whether a formal complaint has been filed. 

DAOF is committed to maintaining a safe and nondiscriminatory educational environment and encourages students, parents/guardians, employees, and staff to work together to prevent discrimination, harassment, bullying, and misconduct of any kind. 

Title IX Coordinator

Kimberly Floyd
Trained Title IX Coordinator
The National Association of College and University Attorneys
[email protected]
10199 Southside Blvd, Ste. 103, Jacksonville, FL 32256
813.501.4922