0110 : Sexual Harrassment
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Submitted by admin1 on Tue, 04/29/2014 - 8:57am
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SEXUAL HARASSMENT
The Board of Education is committed to safeguarding the right of all students and employees within the school district to learn and work in an environment that is free from all forms of sexual harassment. Conduct is deemed to be sexual harassment when the recipient perceives such behavior as unwelcome. It is irrelevant that the harasser had no intent to sexually harass the person.
The Board condemns all unwelcome behavior of a sexual nature which is designed to extort sexual favors from a student or employee as a term or condition of academic achievement or employment or which has the effect of creating a hostile, intimidating, or offensive learning or working environment. The Board also strongly opposes any retaliatory behavior against complainants or witnesses.
The Board recognizes that sexual harassment can occur staff to student, student to staff, staff to staff, student to student, male to female, female to male, male to male or female to female.When an alleged sexual harassment occurs and the district knows about it, immediate and appropriate corrective action shall be taken.
Any person who believes that he or she has been subjected to sexual harassment should report the alleged misconduct immediately so that appropriate corrective action, up to and including discharge of an employee or suspension of a student, may be taken at once. The complainant will not be discouraged from reporting an incident of alleged sexual harassment. In the absence of a complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual harassment, will ensure that an investigation is promptly commenced by appropriate individuals.
The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual harassment. Such procedures are to be consistent with any applicable provisions contained in the district’s policy manual, collective bargaining agreements, the tenure laws as well as other federal and state laws on sexual harassment. Training programs shall be established for students and employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment.
A copy of this policy and its accompanying regulation shall be distributed to all personnel and students and posted in appropriate places.
Ref: Education Amendments of 1972, Title IX U.S.C.§1681
Title VII of Civil Rights Act (1964), 34 CFR §§ 100 et seq.
Gebser v. Lago Vista Independent School District, 1998 WL 323555 (1998)
Franklin v. Gwent County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Office for Civil Rights: Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students and Third Parties, 62 CFR 12034 (March 13, 1997)
Adoption date: September 14, 1999
Revised: December 2, 2003
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