Voluntary Resolution Agreement
Kentucky High School Athletic Association
OCR Docket Number 03121217

To resolve the allegations in the above-referenced complaint filed with the U.S. Department of Education, Office for Civil Rights (OCR), under Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulation at 34 C.F.R. Part 106 involving the Kentucky High School Athletic Association (KHSAA), KHSAA enters into this voluntary resolution agreement (Agreement) and commits to implement the provisions set forth in this Agreement.  

ACTION STEPS

1. By January 15, 2014, KHSAA will review and revise, as necessary, its current grievance procedures to ensure that they provide for the prompt and equitable resolution of complaints, including:
   
   
   1. notice to students and employees of the procedure, including how and where to file a complaint;
   2. the name or title, office address, and telephone number of the individual with whom to file a complaint;
   3. application of the procedure to complaints alleging sex discrimination carried out by other students, employees or third parties;
   4. adequate, reliable, and impartial investigation, including the opportunity for both parties to present witnesses and other evidence;
   5. designated and reasonably prompt timeframes for the major stages of the complaint process; and
   6. notice to the parties of the findings resulting from the complaint.

   KHSAA will consult with OCR during the review process.  Upon agreement between KHSAA and OCR on any revisions, KHSAA will adopt and implement the procedures.  Recognizing that Title IX does not require a separate sexual harassment complaint procedure, KHSAA assures OCR that if it chooses to maintain a separate sexual harassment complaint procedure, it will include the elements above.

2. Within 30 calendar days of the publication update, KHSAA agrees that it will provide written notice to the public that the information regarding the grievance procedures for resolving Title IX complaints together with information on how to obtain a copy of the grievance procedures has been added to its publications.  KHSAA will notify parties of its grievance procedures through KHSAA’s websites, electronic mail messages to employees, and any regularly issued newsletters (in print or online), as well as by any other additional means KHSAA deems effective to ensure that the information is widely disseminated. 

REPORTING REQUIREMENTS

3. By February 17, 2014, KHSAA will forward to OCR for its review and approval the updates to KHSAA’s publications.


4. Within 30 calendar days of updating its publications, KHSAA will provide OCR with documentation demonstrating KHSAA’s compliance with Action Step 2, including a description of how the notices were distributed throughout KHSAA, and a list of recipients of the written or electronic notification.  The recipients may be identified by levels, titles or groups of people who received the notification.   

This Agreement does not constitute an admission of liability by KHSAA, nor does it constitute a determination by OCR that KHSAA violated any of the regulations enforced by OCR.

KHSAA understands that OCR will not close the monitoring of this Agreement until OCR determines that KHSAA has fulfilled the terms of this Agreement and is in compliance with Title IX and its implementing regulation at 34 C.F.R. Part 106.

KHSAA understands that by signing this Agreement, it agrees to provide data and other information in a timely manner.  Further, KHSAA understands that during the monitoring of this Agreement, OCR may visit KHSAA, interview staff and request such additional reports or data as are necessary for OCR to determine whether KHSAA has fulfilled the terms of this Agreement and is in compliance with Title IX and its implementing regulation at 34 C.F.R. Part 106, which were at issue in this complaint.

KHSAA understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this Agreement.  Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceedings to enforce this Agreement, OCR shall give KHSAA written notice of the alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach.