HARASSMENT BY STUDENTS
Harassment of students, staff or visitors by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated transportation; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.
Harassment includes, but is not limited to, race (including skin color, hair texture, and protective hairstyles), religion, national or ethnic origin, color, marital status, disability, sex, veteran status, age, pregnancy, childbirth or related medicalcondition, or other prohibited status. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including,suspension and expulsion.
Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of an individual's participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, offensive or hostile learning or work environment. Sexual harassment as set out above, may include, but is not limited to the following:
verbal or written harassment or abuse, or unwelcome communication implying sexual motives or intentions;
pressure for sexual activity; repeated remarks to a person with sexual or demeaning implications;
unwelcome touching;
unwelcome and offensive public sexual display of affection;
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.
Harassment on the basis of race, religion, national or ethnic origin, color, marital status, disability, sex, veteran status, age, pregnancy, childbirth or related medical condition, or other prohibited status means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble individuals when:
submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of an individual's participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with an individual's performance or
creating an intimidating, offensive or hostile learning or work environment.
Harassment as set forth above may include, but is not limited to the following:
verbal, physical or written harassment or abuse;
repeated remarks of a demeaning nature;
implied or explicit threats concerning one's grades, achievements, etc.;
demeaning jokes, stories, or activities directed at an individual.
The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.
Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts. It shall be the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as appropriate. It is the intention of the district to complete its investigation within ten (10) working days after receiving a complaint unless extenuating circumstances such as unavailability of a witness or needing additional time because of the complexity of the investigation or the need to involve outside experts. The extended timeframe for investigation due to extenuating circumstances shall not exceed ten (10) days without the consent of the complainant, unless the alleged victim agrees to a longer time limit. Information regarding an investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process.
Retaliation against an individual because the individual has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. A student who is found to have retaliated against an individual in violation of this policy will be subject to discipline, up to and including, suspension and expulsion.
It shall also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy. These rules will be printed and distributed to students and parents in the student handbook. The superintendent shall also be responsible for organizing training programs for students and employees. The training shall include how to recognize harassment and what to do in case an individual is harassed. The employee training will be documented in personnel files to ensure a record of training for each employee.
Legal References: 20 U.S.C. §§ 1221-1234i (1994) 20 U.S.C. § 1681 et seq. 29 U.S.C. § 794 (1994) 42 U.S.C. § 1983 42 U.S.C. §§ 2000d-2000d-7 (1994). 42 U.S.C. §§ 12101 et. seq. (1994).
Cross References: 404.06 Harassment by Employees 505 Student Discipline 507 Student Records
