Sexual Harassment

Sexual harassment in any form that is directed toward students and/or employees is prohibited. Persons who violate the policy will be subject to the full range of disciplinary consequences up to and including termination (for employees) and expulsion (for students) as dictated by the nature and severity of the violation and other relevant considerations. If appropriate, the circumstances constituting the violation may be reported to law enforcement agencies or child welfare agencies for further investigation and action.

Title IX Coordinator

The Superintendent is authorized and directed to designate a Title IX Coordinator to oversee implementation and enforcement of this policy, as well as compliance with applicable procedures, rules and regulations. The Title IX Coordinator shall receive complaints of prohibited conduct, coordinate investigations, and ensure adequate training. Contact information for the Title IX Coordinator can be found on the district webpage and in the student handbook.

Sexual Harassment Defined

Title IX regulations define sexual harassment to include one or more of the following:

• An employee conditioning the provision of an aid, benefit, or service of the school/school system on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo sexual harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school/school system’s education program or activity; or Sexual assault, dating violence, domestic violence, or stalking, as each of those terms is defined by federal statutes enumerated in the Title IX regulations, 34 C.F.R. § 106.30(a).

Examples of Sexual Harassment

The following are examples of conduct that may constitute sexual harassment,depending on the circumstances:

• Verbal harassment or abuse of a sexual nature, including graphic comments, the display of sexually suggestive objects or pictures, and sexual propositions;
• Repeated unwelcome sexual advances, solicitations of sexual activity, or sexual contact;
• Unwelcomed, inappropriate sexual touching;
• Demands for sexual favors accompanied by implied or overt promises of preferential treatment or threats with regard to the student’s educational status.

Employees and students should note that misconduct falling outside this policy may nonetheless violate other Board policies (such as the student code of conduct) and thus be otherwise subject to disciplinary action. 

Sexual Harassment Complaint Procedures Authorized

The Superintendent is authorized and directed to establish, implement and revise more detailed sexual harassment complaint procedures in compliance with Title IX that are designed to provide students and employees who believe that they are victims of unlawful sexual harassment with a thorough, discreet, and prompt internal procedure for investigating and resolving sexual harassment complaints. The process and procedures will be drafted so as to provide supportive measures, facilitate the gathering of relevant facts and evidence, permit timely assessment of the merits of the complaint, provide an opportunity for informal resolution of the complaint where appropriate, eliminate any harassment that is established by the investigation, and prevents any retaliation based upon the filing of the complaint. The procedures will reflect due regard for the legal rights and interests of all persons involved in the complaint, and will be drafted, explained, and implemented so as to comply with federal regulations, and to be understandable and accessible to all student/employee population groups and ages. Initial Confrontation of Accused Harasser Not Required

A student or employee who invokes the harassment complaint procedure will not be required to present the complaint to the accused or suspected harasser for resolution.

Reporting

Notice of Policy to be Promulgated

Confidentiality

Retaliation Prohibited

Penalties for Failing to Cooperate with Investigation