TITLE IX REPORT AND FINDINGS AFTER INVESTIGATION To: Dr. Lyn McKay Superintendent of Schools FROM: Dr. Kusum Sinha Assistant Superintendent for Leadership Development and Human Resources Title IX Coordinator and District Wide Dignity Act Coordinator DATE: September 8, 2015 RE: Reported Sexual Harassment and DASA Investigation Incident Reported: June 2015 Reported by: No Formal Complainant Accused: Christopher Schraufnagel, Teacher Investigated by: Dr. Kusum Sinha, Mr. Robert Rhodes, Mr. Andrew Corsilia and Ms. Michele Glenn ‘The Chappaqua Central School District Sexual Harassment Policy and Regulation The District Sexual Harassment of Students Policy set forth at 5080 provides that “The Board of Education will not permit, condone, or tolerate sexual harassment, discrimination based upon actual or perceived sexual orientation and gender discrimination of its students. Sexual harassment is a violation of law and stands in direct opposition to District policy. This policy prohibits sexual harassment and discrimination based upon the actual or perceived sexual orientation of a student, as well as, gender discrimination intended to demean or intimidate @ person or persons because of his or her gender. These prohibitions against the sexual harassment of students apply to the conduct of students, employees, officers, volunteers, business invitees and district contractor employees.” The Policy states further that “Sexual harassment is defined as conduct directed against 2 person of a different or same sex, because of his or her sex or actual or perceived sexual orientation, which creates a sexually hostile learning or school environment. Sexual harassment that creates a hostile learning or school environment is either pervasive and/or one or more incidents of severe conduct that involves unwelcome: sexual advances; sexual conduct thatconstitutes @ crime; sexual touching; indecent exposure of a sexual nature; sexual remarks, comments, displayed materials, printed materials, electronic media or jokes. Pervasive and/or one or more incidents of sexual conduct directed at any student by an officer, employee, volunteer, business invitee or district contractor employee shall be deemed to be unwelcome per se.” ““f the District's investigation supports the complaint, immediate and corrective action shall be taken. Should the offending individual be a school employee, appropriate disciplinary measures shall be applied, up to and including termination of the offender's employment in accordance with contractual and legal guidelines.” ‘The District’s Sexual Harassment Regulation set forth at District Regulation 5080-R sets forth the procedures for responding to a complaint. Although no student filed a formal or informal complaint of sexual harassment against Mr. Schraufnagel, 5080-R states that "The District ‘Superintendent will, in the absence of a complaint, ensure that an investigation is commenced by the appropriate individuals upon learning of, or having reason to suspect, the occurrence of any sexual misconduct.” Based upon allegations that came to light in the middle of June 2015, the District commenced an Investigation of the conduct of Mr. Schraufnagel. At the same time, the New Castle Police Department commenced an investigation of Mr. Schraufnagel with regard to potential criminal activity. The Harassment, Bullying and Discrimination Prevention Policy 5052 and Regulation also prohibit the harassment or bullying of students based upon sexual orientation, gender (identity or expression) or sex. Consistent with the policies and regulations, the District investigated the allegations and reached findings and recommendations based upon the totality of the circumstances. The Investigation: The District investigation commenced on June 15, 2015 with an interview of Mr. Schraufnagel, who was accompanied by his union representative Ray Lucia. A review of the interview notes indicates that at that meeting Mr. Schraufnagel denied any inappropriate conduct with students. Later that day a group of students met with Mr. Corsilia and Ms. Glenn.Following this initial meeting, District administration met with students individually to follow up on the initial allegations. is a : Second Interview with the Accused: (On August 31, 2015, | attended a second interview with the accused, his union representative Ray Lucia, Superintendent of Schools Dr. Lyn Mckay and Principal Robert Rhodes. Dr. McKay gave the accused an opportunity to respond to each of the allegations of sexual harassment and misconduct, but the accused on advice of counsel refused to answer the questions of Dr. Mckay. FINDINGShe investigation included multiple interviews and re-interviews with numerous —_ ‘and former students, Recommendation During the preparation of this report, the accused resigned from his position as a teacher in the District. Therefore, there is no basis for disciplinary action by the District a