MEMORANDUM OF UNDERSTANDING ON THE

HANDLING OF SEXUAL MISCONDUCT
ALLEGATIONS

This Memorandum of Understanding on the Handling of Sexual Misconduct Allegations 
dated this 3.3 day of At?f'sj 2019 (?Effective Date"), Is by and between the Board of Education of
the City of Chicago (the car or and (the
?Charter School").

RECITALS

 

WHEREAS, the term ?sexual misconduct? Is a broad term that applies to conduct by adults (staff
vendors or volunt:eers) or by students and that includes (1) any conduct of a sexual nature that is
unwelcome or inappropriate (e..gr sexual harassment, sexual assault, child sexual abuse dating
violence sexual bullying, and electronic' Images or communications involving students) and (2) grooming
or otherwise fosterIng an unprofessional or intimate relationship with a student;

WHEREAS, the Board believes it is in the best interest of all CPS students including those
students attending charter schools to empower the CPS Office of the Inspector General? 3 Sexual
AllegatIOns Unit to conduct investigations into allegations of sexual misconduct involving Charter
School board members directors, employees, vendors and volunteers Covered Individuals");

WHEREAS the CPS Office of Student Protections Title IX is the department
responsible for coordinating the district?s responses to all incidents of sexual misconduct involving CPS
students and provides support to and advocates for all CPS students Invol Ived In sexual misconduct;

WHEREAS, OSP investigates the most serious and complex allegations of student?to? student
sexual misconduct and supports school administrators in the investigation of all other allegations of
student? to-student sexual misconduct; and

WHEREAS, OSP is responsible for collecting data, analyzing data, and complying with Title ix
of the Education Amendments of 1972, as amended (?Title as required by the Office for Civil Rights.

NOW, THSREFORE, in consideration of the mutual promises and the terms and conditions set
forth in this MOU, the Board and the Charter School agree as follows:

1. INCORPOIRATION 0F RECITALS. The matters recited above are incorporated into and made
a part of this MOU.
2. TERM. Tliis MOU shall commence on the Effective Date and terminate on the expiration date

set forth inIthe Charter School?s current charter school agreement 

3. CHARTER SCHOOL REPORTING T0 OIG. The Charter School must immediately repert to
OIG at 1-833-TELL CPS (835?5277) all allegations (including anonymous, vague, or non-
credible allegations) of conduct by 3 Covered Individual with a student, form er student, or minor
involving aictual, attempted or suspected sexual misconduct-

a. The Charter School shall fully cooperate with OIG investigations including, without limitation,
proiriding access to all necessary information, policy, documents, video footage, students
and personnel and (2) refraining from conducting a parallel investigation without first
discussing the need for such investigation with 016 staff.

b. The OPS Law Department or Office of Innovation 23: Incubation shall inform the Charter
School when It determines that 3 Covered Individual poses danger to students and therefore
recommends removing the Covered Individual from the school during the pendency of the
investigation (?interim Recommendation?).

0. The DIS shall provide its final investigative report to the Charter School.

d. The Charter School shall remain solely responsible for all personnel decisions related to
Covered individuals; however, within 30 calendar days of receiving a final investigative

report; or within 3 business days of receiving an Interim Recommendation, the Charter
School shall provide to OIG and CPS Law Department information related to disciplinary or
other actions taken as a result of OIG investigations.

OSP and its partners shall offer support, referrals, and guidance to any Charter Schooi
student involved in an investigation.

CHARTER SCHOOL REPORTING TO OSP. The Chatter Schooi shall report all allegations of
sexual misconduct involving only students or that does not involve a Covered individual to OSP
at 1-773?535?4400. The Charter School shall fully cooperate with OSP in responding 
to any investigations that are being conducted by OSP including, without limitation, providing
access to all necessary information, documents, video footage, students, and personnel. OSP
and its partners shall offer support, referrals, and guidance to any Charter School students
involved in the investigations. The Charter School shall remain responsible for ail decisions
related to student consequences 0r discipline; however, the Charter School shall provide
information related to the consequences or disciplinary actions taken as a result of aliegations
reported to OSP.

OF iX SCHOOL REPRESENTATIVE. The Charter School shall appoint
at least one person for each Charter School campus to serve as its ?Title 1X School
The Title lX School Representatives are required to attend 1 to 2 annual
training sessions provided by OSP. The Title IX School Representative(s) must be a futi~time
staff member at the Charter School working in a role that is not clinical or classroom based. In
addition, the Title IX School Representative(s} must work directly with OSP to communicate
information related to sexual misconduct prevention, reporting, and response to staff and
students, work with OSP and 056 to help the school respond to incidents of sexual misconduct,
and support students affected by sexual misconduct.

NO COST SERVICES. The services provided in this MOU are done for the bene?t and safety of
Chicago public school students and shall be provided at no cost to the Charter Schooi.

ENTITIES. Nothing in this MOU shall be considered to create a relationship of
employer and employee or principai and agent between the parties. in the performance of this
MOU, the Board and the Charter School shall act as and shalt be deemed at ail times to be
independent contractors.

SCHOOL AGREEMENT WITH CPS. Except as may be provided in this MOU,
in the event of any conflict between the terms of this MOU and the terms of the current charter
schooi agreement with the Board, the terms of this MOU shall control.

1N WHEREOF, the parties have caused this MOU to be executed by their duly

authorized representatives as of the date ?rst set forth above.

BOARD

THE CITY OF CHICAGO

[331'

OF EDUCATION OF CHARTER SCHOOL

farm/'67 By: 

 

 

 

Janice K. a Ed 0., Chief Eiecutive Of?cer Signattlre of Board Chair
Name: Lula Alejandro Molina Alecia
Board - 3) By: OW

 

 

Signature of Chief Executive Of?cer

Name: Shella Venson