File:
JFHA/GBA
SEXUAL HARASSMENT/
HARASSMENT
BASED ON RACE, NATIONAL ORIGIN, DISABILITY AND RELIGION
I. Policy Statement
The Buena Vista City School Division is committed to maintaining a
learning/working environment free from sexual harassment and harassment based
on race, national origin, disability or religion. Therefore, Buena Vista City School Division
prohibits sexual harassment and harassment based on race, national origin,
disability or religion of any student or school personnel at school or any
school sponsored activity.
It
shall be a violation of this policy for any student or school personnel to
harass a student or school personnel sexually, or based on race, national
origin, disability or religion.
Further, it shall be a violation of this policy for any school personnel
to tolerate sexual harassment or harassment based on a student’s or employee’s
race, national origin, disability or religion by students, school personnel or
third parties participating in, observing or otherwise engaged in school
sponsored activities.
For the purpose of this policy,
school personnel includes school board members, school employees, agents,
volunteers, contractors or other persons subject to the supervision and control
of the School Division.
The School Division shall: (1)
promptly investigate all complaints, written or verbal, of sexual harassment
and harassment based on race, national origin, disability or religion; (2)
promptly take appropriate action to stop any harassment and (3) take appropriate
action against any student or school personnel who violates this policy and
take any other action reasonably calculated to end and prevent further
harassment of school personnel or students.
II. Definitions
A. Sexual Harassment.
Sexual
harassment consists of unwelcome sexual advances, requests for sexual favors, sexually
motivated physical conduct or other verbal or physical conduct or communication
of a sexual nature when:
(i) submission to that conduct or
communication is made a term or condition, either explicitly or implicitly, of
obtaining or retaining employment or education; or
(ii) submission to or rejection of the
conduct or communication by an individual is used as a factor in decisions
affecting that individual’s employment or education; or
(iii) that conduct or communication
substantially or unreasonably interferes with an individual’s employment or
education, or creates an intimidating, hostile or offensive employment or
educational environment (i.e. the conduct is sufficiently serious to limit a
student’s or employee’s ability to participate in or benefit from the
educational program or work environment).
Examples
of conduct which may constitute sexual harassment if it meets the immediately
preceding definition include:
·
unwelcome
sexual physical contact
·
unwelcome
ongoing or repeated sexual flirtation or propositions, or remarks.
·
sexual
slurs, leering, epithets, threats, verbal abuse, derogatory comments or
sexually degrading descriptions.
·
graphic
comments about an individual’s body.
·
sexual
jokes, notes, stories, drawings, gestures or pictures.
·
spreading
sexual rumors.
·
touching
an individual’s body or clothes in a sexual way.
·
displaying
sexual objects, pictures, cartoons or posters.
·
impeding
or blocking movement in a sexually intimidating manner.
B. Harassment Based on Race, National Origin,
Disability or Religion
Harassment
based on race, national origin, disability or religion consists of physical or
verbal conduct relating to an individual’s race, national origin, disability or
religion when the conduct:
·
creates
an intimidating, hostile or offensive working or educational environment; or
·
substantially
or unreasonably interferes with an individual’s work or education; or
·
otherwise
is sufficiently serious to limit an individual’s employment opportunities or to
limit a student’s ability to participate in or benefit from the education
program.
Examples
of conduct which may constitute harassment based on race, national origin,
disability or religion if it meets the immediately preceding definition
include:
·
graffiti
containing racially offensive language.
·
name
calling, jokes or rumors.
·
physical
acts of aggression against a person or his property because of that person’s
race, national origin, disability or religion.
·
hostile
acts which are based on another’s race, national origin, religion or
disability.
·
written
or graphic material which is posted or circulated and which intimidates or threatens
individuals based on their race, national origin, disability or religion.
III. Complaint Procedure
A. Formal Procedure
1. File Report
Any student or school
personnel who believes he or she has been the victim of sexual harassment or
harassment based on race, national origin, religion or disability by a student,
school personnel or a third party should report the alleged harassment to one
of the compliance officers designated in this policy or to any school
personnel. The alleged harassment should
be reported as soon as possible, and the report generally should be made within
fifteen (15) school days of the occurrence.
Further, any student who has knowledge of conduct which may constitute
prohibited harassment should report such conduct to one of the compliance
officers designated in this policy or to any school personnel. Any school personnel who have notice that a
student or other school personnel may have been a victim of prohibited
harassment shall immediately report the alleged harassment to one of the
compliance officers designated in this policy.
The reporting party
should use the form, Report of Harassment, JFHA-F, to make complaints of
harassment. However, oral reports and
other written reports shall also be accepted.
The complaint should be filed with either the building principal or one
of the compliance officers designated in this policy. The principal shall immediately forward any
report of alleged prohibited harassment to the compliance officer. Any complaint that involves the compliance
officer or principal shall be reported to the superintendent.
The complaint, and
identity of the complainant and alleged harasser, will be disclosed only to the
extent necessary to fully investigate the complaint and only when such
disclosure is required or permitted by law.
Additionally, a complainant who wishes to remain anonymous shall be advised
that such confidentiality may limit the School Division’s ability to fully
respond to the complaint.
2. Investigation
Upon
receipt of a report of alleged prohibited harassment, the compliance officer
shall immediately authorize or undertake an investigation. The investigation may be conducted by school
personnel or a third party designated by the school division. The investigation
shall be completed as soon as practicable, which generally should be not later
than 14 calendar days after receipt of the report by the compliance officer.
Upon receiving the complaint, the compliance officer shall acknowledge receipt
of the complaint by giving written notice that the complaint has been received
to both the person complaining of harassment and the person accused of
harassment. Also upon receiving the
complaint, the compliance officer shall determine whether interim measures
should be taken pending the outcome of the investigation. Such interim measures may include, but are
not limited to, separating the alleged harasser and the complainant and, in
cases involving potential criminal conduct, determining whether law enforcement
officials should be notified. If the compliance officer determines that more
than 14 days will be required to investigate the complaint, the complainant and
the accused shall be notified of the reason for the extended investigation and
of the date by which the investigation will be concluded. If the alleged harassment may also constitute
child abuse, then it must be reported to the Department of Social Service in
accordance with Policy JHG.
The
investigation may consist of personal interviews with the complainant, the
alleged harasser, and any others who may have knowledge of the alleged
harassment or the circumstances giving rise to the complaint. The investigation may also consist of the
inspection of any other documents or information deemed relevant by the
investigator. The school division shall take necessary steps to protect the
complainant and others pending the completion of the investigation.
In
determining whether alleged conduct constitutes a violation of this policy, the
division shall consider, at a minimum: (1) the surrounding circumstances; (2)
the nature of the behavior; (3) past incidents or past or continuing patterns
of behavior; (4) the relationship between the parties; (5) how often the
conduct occurred; (6) the identity of the alleged perpetrator in relation to
the alleged victim (i.e. whether the alleged perpetrator was in a position of
power over the alleged victim); (7) the location of the alleged harassment; (8)
the ages of the parties and (9) the context in which the alleged incidents
occurred. Whether a particular action or
incident constitutes a violation of this policy requires a case by case
determination based on all of the facts and circumstances revealed after a
complete and thorough investigation.
The
compliance officer shall issue a written report to the superintendent upon
completion of the investigation. If the
complaint involves the superintendent, then the report shall be sent to the
School Board. The report shall include a
determination of whether the allegations are substantiated, whether this policy
was violated and recommendations for corrective action, if any.
All
employees shall cooperate with any investigation of alleged harassment
conducted under this policy or by an appropriate state or federal agency.
3.
Action by Superintendent
Within
5 calendar days of receiving the compliance officer’s report, the
Superintendent or designee shall issue a decision regarding whether this policy
was violated. This decision must be provided in writing to the complainant and
the alleged perpetrator. If the
Superintendent or designee determines that prohibited harassment occurred, the Buena
Vista City School Division shall take prompt, appropriate action to address and
remedy the violation as well as prevent any recurrence. Such action may include discipline up to and
including expulsion or discharge.
Whether or not the Superintendent or designee determines that prohibited
harassment occurred, the Superintendent or designee may determine that
school-wide or division-wide training be conducted or that the complainant
receives counseling.
4. Appeal
If
the Superintendent or designee determines that no prohibited harassment
occurred, the employee or student who was allegedly subjected to harassment may
appeal this finding to the School Board within 5 calendar days of receiving the
decision. Notice of appeal must be filed
with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within
30 calendar days of receiving the record.
The School Board may ask for oral or written argument from the aggrieved
party and the superintendent and any other individual the School Board deems
relevant.
If
the Superintendent or designee determines that prohibited harassment occurred
and discipline is imposed, the disciplined person may appeal the disciplinary
sanction in the same manner as any other such sanction would be appealed.
Employees
may choose to pursue their complaints under this policy through the relevant
employee grievance procedure instead of the complaint procedure in this policy.
5. Compliance Officer and Alternate Compliance
Officer
The
Buena Vista City School Board has designated THE DIRECTOR OF INSTRUCTION [2329 CHESTNUT AVENUE,
SUITE A, BUENA VISTA, 540-261-2129] as the Compliance Officer responsible
for identifying, preventing and remedying prohibited harassment. Complaints of harassment may also be made to
the Alternate Compliance Officer THE PERSONNEL MANAGER. Note: this individual must be of
the opposite gender of the Compliance Officer]. The Compliance Officer shall:
·
receive
reports or complaints of harassment;
·
oversee the investigation of
any alleged harassment;
·
assess
the training needs of the school division in connection with this policy;
·
arrange
necessary training to achieve compliance with this policy;
·
insure
that any harassment investigation is conducted by an impartial investigator who
is trained in the requirements of equal employment/education opportunity,
including the authority to protect the alleged victim and others during the
investigation.
12. Informal Procedure
If
the complainant and the person accused of harassment agree, the student’s
principal or designee may arrange for them to resolve the complaint informally
with the help of a counselor, teacher, or administrator.
If
the complainant and the person accused of harassment agree to resolve the
complaint informally, they shall each be informed that they have the right to
abandon the informal procedure at any time in favor of the initiation of the
Formal Procedures set fort herein. The
principal or designee shall notify the complainant and the person accused of
harassment in writing when the complaint has been resolved. The written notice shall state whether
prohibited harassment occurred.
IV. Retaliation
Retaliation
against students or school personnel who report harassment or participate in
any related proceedings is prohibited.
The School Division shall take appropriate action against students or
school personnel who retaliate against any student or school personnel who
reports alleged harassment or participates in related proceedings.
V. Right to Alternative Complaint Procedure
Nothing
in this policy shall deny the right of any individual to pursue other avenues
of recourse to address concerns relating to prohibited harassment including
initiating civil action, filing a complaint with outside agencies or seeking redress
under state or federal law.
VI. Prevention and Notice of Policy
Training
to prevent sexual harassment and harassment based on race, national origin,
disability and religion should be included in employee and student orientations
as well as employee in-service training.
This
policy shall be (1) displayed in prominent areas of each division building in a
location accessible to students, parents and school personnel, (2) included in
the student and employee handbooks; and (3) sent to parents of all students
within 30 calendar days of the start of school.
Further, all students, and their parents/guardians, and employees shall
be notified annually of the names and contact information of the compliance
officers.
1.
False Charges
Students
or school personnel who knowingly make false charges of harassment shall be
subject to disciplinary action as well as any civil or criminal legal
proceedings.
Adopted: 06/24/02, 09/28/06
_____________________________________________________________________
_____________________________________________________________________
Legal
Refs: 20 U.S.C. §§ 1681-1688.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7.
42 U.S.C. §§ 2000e-2000e-17
34 C.F.R. part
106.
Cross Refs: AC Nondiscrimination
AD Educational Philosophy
GB Equal Employment
Opportunity/Nondiscrimination
JB Equal Educational Opportunities/Nondiscrimination
JFC Student Conduct
JFC-R Standards of Student
Conduct
GCPD Professional Staff Members:
Contract Status and Discipline
GDPD Support Staff Members: Contract Status and Discipline
© 5/02 VSBA