The Board of Education recognizes that harassment of students and staff on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms targets and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees can work productively.
Sex-based harassment can be comprised of two types of behavior: sexual harassment and/or gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature (see regulation 0110-R for examples). Gender-based harassment includes verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes (see regulation 0110-R for examples). Sexual or gender-based harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s program.
The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the district.
Because sexual harassment can occur staff to student, staff to staff, student to student, student to staff, male to female, female to male, male to male or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student or employee.
In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The district will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that they feel unsafe at school due to the nature of the complaint, the district will determine if accommodations need to be made until the issue is resolved.
If, after appropriate investigation, the district finds that a student, an employee or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, district policy and state law.
All complainants and those who participate in the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind.
The Board, in collaboration with the Superintendent of Schools, developed regulations for reporting, investigating and remedying allegations of sexual harassment. These regulations are to be attached to this policy. In addition, 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. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.
This policy shall be posted in a prominent place in each district facility, on the district’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.
Ref: Education Amendments of 1972, Title IX, 20 U.S.C.§1681 et seq.; Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.; Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999); Gebser v. Lago Vista Independent School District, 524 U.S, 274 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998); Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998); Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992); Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986); Office for Civil Rights Revised Sexual Harassment Guidance (January 19, 2001); Office for Civil Rights, Dear Colleague Letter: Sexual Harassment Issues (2006); Office for Civil Rights, Dear Colleague Letter: Bullying (October 26, 2010)
Adoption date: May 18, 2005
Revision date: October 19, 2016
Click here to access the school's harrassment policy regulations.