Title IX Policy & Process

Adopted August 14, 2020 · Last revised July 24, 2026

Nondiscrimination Statement

Carden Arbor View School (“CAVS” or “the School”) is committed to providing an educational and employment environment free from unlawful discrimination, harassment, and retaliation. CAVS prohibits discrimination against and harassment of students, employees, applicants for admission or employment, and other members of the school community on the basis of actual or perceived race, color, ancestry, national origin, immigration status, ethnicity, religion or creed, age, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender, gender identity, gender expression, marital or parental status, physical or mental disability, medical condition, genetic information, military or veteran status, or any other characteristic protected by applicable federal or California law.

This policy is adopted consistent with Title IX of the Education Amendments of 1972 and its implementing regulations, other applicable federal civil rights laws, and applicable California law, including the Unruh Civil Rights Act and, with respect to employment, the California Fair Employment and Housing Act (FEHA). As an independent school, CAVS applies the standards of these laws and of California independent-school best practices to all reports of discrimination and harassment, whether or not a particular statute applies of its own force.

CAVS requires all persons, agencies, vendors, and contractors doing business with or performing services for the School to adhere to this policy and to all applicable federal and state nondiscrimination laws. The School will respond to all reports of conduct prohibited by this policy, whether or not the conduct rises to the level of unlawful discrimination or harassment, and will take steps reasonably calculated to stop the conduct, prevent its recurrence, and remedy its effects.

Scope

This policy applies to all students, employees, volunteers, and other members of the school community. It covers conduct occurring on school property, at school-sponsored activities and events, on school-provided transportation, and — where the conduct has continuing effects in the school environment — conduct occurring off campus or online.

Definitions

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following: (1) a school employee conditioning an aid, benefit, or service of the School on an individual’s participation in unwelcome sexual conduct (“quid pro quo”); (2) unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the School’s programs or activities; or (3) sexual assault, dating violence, domestic violence, or stalking. Because CAVS holds its community to a higher standard than the legal minimum, the School may address unwelcome sex-based conduct under this policy or other school policies even where it does not meet these definitions.

Discrimination means treating an individual adversely in the terms or conditions of education or employment because of a protected characteristic.

Complainant means an individual who is alleged to have experienced conduct that could constitute discrimination, harassment, or retaliation under this policy.

Respondent means an individual who has been reported to have engaged in conduct that could constitute discrimination, harassment, or retaliation under this policy.

Supportive measures means non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a complaint or where no complaint has been filed. Supportive measures are designed to restore or preserve equal access to the School’s programs and activities without unreasonably burdening the other party.

Retaliation means any materially adverse action — including intimidation, threats, coercion, or discrimination — taken against a person because they reported conduct under this policy, filed a complaint, or participated or refused to participate in an investigation or resolution process. Retaliation is prohibited and is itself a violation of this policy, regardless of the outcome of the underlying complaint.

Business day means a weekday on which the School’s administrative offices are open.

Title IX Coordinator

The School designates a Title IX Coordinator, who is responsible for coordinating the School’s efforts to comply with this policy, including receiving reports and complaints, overseeing investigations and resolutions, implementing supportive and corrective measures, and monitoring to stop, remedy, and prevent discrimination, harassment, and retaliation. The Title IX Coordinator ensures adequate procedures are in place, recommends modifications to those procedures, monitors the implementation of this policy, and ensures that students, parents/guardians, employees, and applicants are notified of how to raise concerns and initiate the complaint process described in this policy. The School has also designated a Deputy Title IX Coordinator, who may receive reports and assist the Title IX Coordinator in carrying out these responsibilities.

Title IX Coordinator Contact Information

Reports of violations of this policy, and questions about this policy, may be made internally to the Title IX Coordinator or the Deputy Title IX Coordinator:

Isidalia DiSalvi, Title IX Coordinator
Carden Arbor View School
1530 N. San Antonio Avenue, Upland, CA 91786
Phone: (909) 552-0559
Email: isidalia@sweeterhr.com

Lisa Filpi, Deputy Title IX Coordinator
Carden Arbor View School
1530 N. San Antonio Avenue, Upland, CA 91786
Phone: (909) 982-9919
Email: lfilpi@cardenarborview.org

If a concern involves the Title IX Coordinator or the Deputy Title IX Coordinator, or if an individual prefers, reports may be made to:

Brian Edwards, Head of School
Carden Arbor View School
1530 N. San Antonio Avenue, Upland, CA 91786
Phone: (909) 982-9919
Email: bedwards@cardenarborview.org

Inquiries and complaints may also be made externally to:

U.S. Department of Education, Office for Civil Rights (OCR)
400 Maryland Avenue SW, Washington, DC 20202
Phone: (800) 421-3481 · TDD: (800) 877-8339
Email: OCR@ed.gov
File a complaint online: https://ocrcas.ed.gov

Reporting

Any individual who has experienced or witnessed discrimination, harassment, or retaliation, or who believes a student or employee has been subjected to such conduct, should promptly report the concern to the Title IX Coordinator. Reports may be made verbally or in writing; a written account is helpful but not required, and the Title IX Coordinator will assist anyone who needs help preparing one. Individuals who are unsure whether conduct violates this policy are encouraged to discuss the situation with the Title IX Coordinator.

All School employees are required to promptly report to the Title IX Coordinator any conduct they observe, or any report they receive, that may violate this policy. An employee’s report to the Title IX Coordinator does not replace any separate legal reporting obligation, including those described below. Any person may also report conduct that may be criminal to law enforcement, and the School will assist community members in contacting law enforcement upon request.

Child Abuse and Neglect Reporting (Distinct Obligation)

The reporting duty described above is a school policy obligation and is separate from — and does not satisfy — California’s mandated child abuse and neglect reporting law. All School employees are mandated reporters under the California Child Abuse and Neglect Reporting Act (CANRA, Penal Code § 11164 et seq.). When an employee knows or reasonably suspects that a child has been abused or neglected, the employee must personally make an immediate report to child protective services and/or law enforcement by telephone, followed by a written report within 36 hours, as required by law and by the School’s mandated reporter policy. Reporting internally to the Title IX Coordinator or Head of School does not fulfill this legal duty, and no supervisor may impede or require pre-approval of a mandated report.

Confidentiality and Privacy

The School will protect the privacy of complainants, respondents, and witnesses to the greatest extent possible consistent with a thorough and fair investigation and with applicable law. Information about reports and investigations is shared only with those who have a legitimate need to know in order to carry out this policy — for example, to investigate, implement supportive measures, or administer discipline. Complete confidentiality cannot be guaranteed: the School must balance requests for confidentiality against its obligation to provide a safe, nondiscriminatory environment, and certain disclosures may be required by law (including mandated child abuse reporting). If a complainant requests confidentiality or asks that no investigation occur, the Title IX Coordinator will consider the request and explain what the School can and cannot honor. All participants are expected to treat the process with discretion; however, nothing in this policy restricts the parties from discussing the allegations or gathering evidence.

Supportive Measures

Upon receiving a report, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes, and explain the resolution process. Supportive measures are available to both complainants and respondents, with or without the filing of a formal complaint, and may include: academic accommodations (extensions, modified assignments, tutoring); counseling referrals and support resources; schedule, classroom, or seating changes; mutual no-contact directives; increased supervision or monitoring of specific areas or activities; escorts or supervised transitions; and, for employees, workplace modifications. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures and will keep them in place as long as needed, modifying them as circumstances change.

Complaint Resolution Process

Initial assessment. Upon receiving a report, the Title IX Coordinator will promptly — ordinarily within five (5) business days — acknowledge the report, contact the complainant, offer supportive measures, and assess the appropriate resolution path. The Title IX Coordinator will inform the Head of School that a report has been received. If the process proceeds, the respondent will be informed of the allegations with sufficient detail and time to prepare a response. The respondent is presumed not responsible unless and until a determination of responsibility is made at the conclusion of the process.

Informal resolution. Where appropriate, the Title IX Coordinator may facilitate a voluntary informal resolution of the complaint with the written agreement of the parties. Informal resolution is never required, and any party may end the informal process and request a formal investigation at any point before resolution is reached. Informal resolution will not be used to resolve allegations that a School employee sexually harassed a student. Any informal resolution is subject to the approval of the Title IX Coordinator, who will consider whether it is in the best interest of the parties and the School in light of the circumstances.

Investigation. The School will conduct an adequate, reliable, and impartial investigation of formal complaints. The investigation will ordinarily be conducted by the Title IX Coordinator or by a trained investigator designated by the Title IX Coordinator. Any investigator must be free from conflicts of interest or bias for or against complainants or respondents generally or the individual parties. A complaint concerning an employee with supervisory authority will be investigated by a person not subject to that supervisor’s authority. A complaint concerning the Title IX Coordinator should be submitted to the Head of School, and a complaint concerning the Head of School should be submitted to the Board of Trustees; in either case the School may engage outside counsel or an outside investigator. During the investigation:

Both parties will have an equal opportunity to be heard, to identify witnesses, and to submit documents and other information they believe relevant. The complainant will not be required to meet or be present with the respondent.
The burden of gathering evidence and reaching a determination rests on the School, not on the parties.
Where alleged conduct occurred away from school property, school-sponsored activities, or school transportation, the investigation may address whether it created continuing effects — such as harassment or a discriminatory impact — in the school environment.
The privacy of all parties will be maintained consistent with the Confidentiality and Privacy section above and applicable state and federal law.
The investigator will keep a written record of the investigation, and the School will retain investigation records for at least seven (7) years.

Determination and remedies. The investigator will evaluate all relevant evidence objectively and reach a determination using the preponderance of the evidence standard (whether it is more likely than not that the conduct occurred). If the School determines that a violation of this policy occurred, the Title IX Coordinator, in consultation with the Head of School, will: (1) determine remedial action needed to end the conduct, remedy its effects, and prevent recurrence; (2) determine appropriate disciplinary action, if any; and (3) inform both parties in writing of the outcome and its resolution, consistent with applicable privacy laws. The Head of School determines sanctions. Harassment of students by employees is grounds for discipline up to and including termination; harassment of students by other students is grounds for discipline up to and including expulsion.

Timelines

The School is committed to prompt resolution while allowing the flexibility a fair process requires. Investigations will ordinarily be completed within thirty (30) business days of the initiation of a formal investigation. The Title IX Coordinator may extend any timeline in this policy for good cause — for example, school breaks, the complexity of the allegations, the availability of parties or witnesses, or a concurrent law enforcement investigation — and will provide the parties written notice of the extension and the reason for it. Temporary delays do not suspend supportive measures, which remain in place throughout the process.

Appeals

Either party may appeal the outcome of an investigation, or the dismissal of a complaint, by submitting a written appeal to the Head of School within ten (10) business days of receiving written notice of the outcome. If the Head of School served as the investigator or decision-maker or is otherwise conflicted, the appeal will be decided by a designee of the Board of Trustees. Appeals are limited to the following grounds:

A procedural irregularity that affected the outcome;
New evidence that was not reasonably available at the time the determination was made and that could affect the outcome; or
A conflict of interest or bias on the part of the Title IX Coordinator, investigator, or decision-maker that affected the outcome.

The appeal decision-maker will review the investigation record, may conduct further inquiry if deemed appropriate, and will issue a written decision to both parties, ordinarily within fifteen (15) business days of receiving the appeal. The appeal decision is final.

Retaliation Prohibited

Retaliation against any person for reporting conduct under this policy, filing a complaint, or participating (or refusing to participate) in any investigation or resolution process is strictly prohibited, is unlawful under state and federal nondiscrimination laws, and will result in disciplinary action up to and including expulsion or termination, regardless of the outcome of the underlying complaint. Concerns about retaliation should be reported to the Title IX Coordinator immediately and will be addressed under this policy.

Adoption and Revision History

This policy is reviewed annually and updated as law and best practices evolve.

August 14, 2020 — Policy adopted.

July 2026 — Comprehensive revision: nondiscrimination statement updated to current federal and California law; “Responsible Employee” replaced with “Title IX Coordinator”; coordinator and contact information updated; external agency corrected to the U.S. Department of Education, Office for Civil Rights; procedures aligned with the 2020 Title IX regulations (in effect following the January 2025 vacatur of the 2024 rule) and California independent-school practice; mandated child abuse reporting distinguished; confidentiality, supportive measures, timelines, and appeal grounds expanded; definitions added.

Adopted: August 14, 2020 · Last revised: July 24, 2026 · Next review: Summer 2027