0110R : Sexual Harrassment Regulation
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Submitted by admin1 on Tue, 04/29/2014 - 10:36am
SEXUAL HARASSMENT REGULATION
This regulation will implement the Board of Education’s policy concerning sexual harassment.
A student/employee can be subject to sexual harassment by a student, employee, Board member or any individual who foreseeably might come in contact with the student/employee on school grounds or at school activities.
Sexual harassment experienced by students is not always easily recognized. The following are examples of sexual harassment one should be aware of when dealing with a complaint of alleged sexual harassment against a student:
- unwanted sexual behavior, which may include touching, verbal comments, sexual name calling, spreading sexual rumors, gestures, jokes, pictures, leers, overly personal conversation, cornering or blocking student’s movement, pulling at clothes, attempted rape and rape;
- a female student in a predominantly male class subjected to sexual remarks by students or teachers who regard the comments as joking and part of the usual classroom environment;
- impeding a girl’s progress in classes, such as industrial arts, by hiding her tools, questioning her ability to handle the work or suggesting she is somehow “abnormal” for enrolling in such a class;
- purposefully limiting or denying female students access to educational tools, such as computers;
- teasing a male student about his enrollment in a home economics class.
Procedures
The Board shall designate a Compliance Officer to carry out the district’s responsibilities associated with compliance with Title IX. In addition, the Board will designate a second individual for ensuring the compliance with Title IX in regard to sexual harassment so that any person who believes that he/she has been subjected to sexual harassment will have a second avenue of complaint, if the alleged harasser is the Compliance Officer.
The Superintendent of Schools shall notify all students and employees of the name, office address and telephone number of both designees. In addition, the Board through this regulation has established grievance procedures that provide for prompt investigation and equitable resolution of sexual harassment complaints.
The Superintendent shall implement specific and continuing steps to notify students, parents, employees, and prospective students or employees that the school district does not discriminate on the basis of sex in the educational programs or activities which it operates as required by Title IX. Such notification shall include publication in: local newspapers; newspapers and magazines operated by the district or by student, alumnae, or alumni groups for or in connection with the district; and memoranda or other written communications distributed to every student and employee.
All reports of sexual harassment will be held in confidence, subject to all applicable laws and any relevant provisions found in the district’s policy manual and collective bargaining agreements.
Consistent with federal and state law, and all applicable provisions contained in the district’s policy manual and collective bargaining agreements, the following procedures shall be employed in handling any report, investigation and remedial action concerning allegations of sexual harassment.
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Students who believe they have been subjected to sexual harassment are to report the incident to the Building Principal or his/her designee. The Building Principal will notify the compliance officer who will notify the Superintendent of all complaints. The student can pursue his/her complaint informally or file a formal complaint. Should the Building Principal or his/her designee be the alleged harasser, the report shall be made to the Compliance Officer.
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Employees who believe they have been subjected to sexual harassment are to report the incident to the Compliance Officer or his/her designee and to their immediate supervisor. Should the immediate supervisor be the alleged harasser, the report shall be made to the next level of management.
Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.
Investigation of a Complaint
Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the allegations by the Compliance Officer or (in the case of students) by the building designee must follow. This investigation shall be conducted diligently. All witnesses shall be interviewed and if requested, the complainant shall speak with an individual of the same sex. Complainants are to be notified of the outcome of the investigation.
Formal Complaints
Formal complaints may be submitted to report any incidence of sexual harassment. The formal written complaint is to be submitted to the Compliance Officer or (in case of students) to the Building Principal. In the event the Compliance Officer or Building Principal is the alleged harasser, the formal written complaint is to be submitted to the Superintendent of Schools.
The formal written complaint will consist of any appropriate forms and in the case of an employee complaint, a copy of any applicable supervisor reports. The appropriate forms solicit the specifics of the complaint, e.g., date and place of incident, description of sexual misconduct, names of any witnesses, and any previous action taken to resolve the matter.
The Superintendent or the Board shall take immediate, appropriate and corrective action upon a determination of sexual harassment. In the case of an employee, the Superintendent or the Board shall notify the complainant of any findings and action taken. In the case of a student, the Principal or his/her designee will notify the complainant of any findings and action taken. A written report of the incident and any action taken will be given to the Compliance Officer.
Remedial Action
If the investigation reveals that sexual harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law, district policies and regulations and collective bargaining agreements. Depending on the gravity of the misconduct, sanctions may range from a reprimand up to and including action for dismissal of an employee or suspension of a student.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law and consistent with any applicable provisions in the district’s policy manual or collective bargaining agreements.
If the investigation reveals that no sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the next appropriate level in the complaint procedure. The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.
Post Remedial Action
Following a finding of sexual harassment, complainants will be periodically interviewed by the Compliance Officer to ensure that the harassment has not resumed and that no retaliatory action has occurred. In the discretion of the district, these follow-up interviews will continue for an appropriate period of time. A report will be made of each interview.
Complaint Records
Upon written request, complainants should receive a copy of any resolution reports filed by the Compliance Officer concerning his/her complaint. Upon substantiation, copies should also be filed with the student or employment records of both the complainant and the alleged harasser.
Investigation in the Absence of a Complaint
The Board 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 harassment.
Adoption date: September 14, 1999
Revised: December 2, 2003
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