UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading

10/23/07

New

 

2nd Reading

10/23/07

Revised

X

Approved

10/23/07

Substitute

 

 

007.0235 SEXUAL HARASSMENT - OF AND BY STUDENTS

 

REVISES POLICY 007.0235 SEXUAL HARASSMENT OF AND BY STUDENTS (LAST APPROVED 8/8/95)

 

1.0  BOARD POLICY:

1.1              The Uintah County Board of Education prohibits sexual harassment of or by any student. This policy applies to conduct during and relating to school and school sponsored activities. Sexual harassment is inappropriate and offensive. All students have a right to be educated in an environment free from sexual harassment. All District employees have a right to work in an environment free from sexual harassment.

2.0  DEFINITION OF SEXUAL HARASSMENT:

2.1              Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when:

2.1.1        Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.

2.1.2        Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

2.1.3        The conduct has the purpose or effect of having a negative impact on the student's academic or work performance, or of creating an intimidating, hostile or offensive educational or work environment for the student or District employees.

2.1.4        Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through the school.

2.2              Examples of conduct which may constitute sexual harassment and would, therefore, be prohibited include, but are not limited to:

2.2.1        Unwelcome leering, staring, sexual flirtations, or propositions.

2.2.2        Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.

2.2.3        Unwelcome graphic verbal comments about an individual's body, or overly personal conversation.

2.2.4        Unwelcome sexual jokes, stories, drawings, pictures, or gestures.

2.2.5        Unwelcome spreading of sexual rumors.

2.2.6        Unwelcome teasing or sexual remarks about a student enrolled in a predominantly single-sex class.

2.2.7        Unwelcome touching of an individual's body or clothes in a sexual way.

3.0  NATURE OF SEXUAL HARASSMENT:

Sexual Harassment may occur:

3.1              Student to student

3.2              Staff to student

3.3              Student to staff

3.4              Male to male

3.5              Female to female

3.6              Male to female

3.7              Female to male

4.0  DISCIPLINE/CONSEQUENCES:

4.1              Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.

4.2              Any employee who permits or engages in sexual harassment of students may be subject to disciplinary action up to and including dismissal.

4.3              Any employee who receives a complaint of sexual harassment from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

4.4              Persons who file frivolous, unfounded, retaliatory, or malicious sexual harassment complaints will subject themselves to disciplinary action.

4.5              If an investigation reveals that the accusations are frivolous, unfounded, retaliatory, or malicious in nature, this information shall be documented, all parties involved shall be notified, and the investigation shall be terminated.

5.0  REPORTING PROCEDURE/INVESTIGATION:

5.1              The Board encourages and expects students to immediately report incidents of sexual harassment to any teacher, counselor, or administrator at the school site.

5.2              Any teacher counselor, staff, or administrator who has received a report, verbally, or in writing, from any student regarding sexual harassment of that student or another student by a student or adult in the educational setting must forward that report to the building principal within twenty- four (24) hours, or within a reasonable extension of time thereafter for good cause.

5.3              Verbal reports of sexual harassment will be put in writing by the individual complaining or the person who receives the complaint and will be signed by the person complaining.

5.4              All written complaints will be reported to the superintendent or his/her designee, and an appropriate impartial supervisor or administrator will conduct an investigation.

5.5              Upon receipt of a written allegation of sexual harassment the principal or designee will initiate an investigation into the complaint within forty-eight (48) hours.

5.6              Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and the extent practical and appropriate under the circumstances.

5.7              The complaint investigator will put his/her findings in writing and will forward a copy to the Student Services Office within one week after completing the investigation, or a reasonable extension of time thereafter for good cause.

5.8              The District designee will communicate his/her findings to the complainant and the alleged harasser as expeditiously as possible.

5.9              Results may be indeterminate. If so, the matter will be recorded as unresolved and the record will be maintained by the District separate and apart from any student or personnel file.

5.10          When the type of sexual harassment constitutes child abuse, the principal and other District employees must follow the reporting requirements of applicable state child abuse laws.

6.0  RETALIATION PROHIBITED:

6.1              The District prohibits retaliatory behavior against any complainant or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the student who initiates the complaint, nor will it affect the student's academic standing, rights, or privileges.

7.0  ENFORCEMENT:

7.1              Each principal has the responsibility of maintaining a work environment and/or educational environment free of sexual harassment. Principals shall take appropriate actions to reinforce the District's sexual harassment policy. These actions will include:

7.1.1        Prompt removal of vulgar or sexually offensive graffiti.

7.1.2        Initiate staff in-service within two weeks of the adoption of this policy and by the first week of each school year thereafter.

7.1.3        Teachers, counselors, or administrators shall discuss this policy with students within two months after its adoption by the Board and during the first month of each school year thereafter. Discussion shall be carried out in age-appropriate ways and should assure students that they need not endure any form of sexual harassment.

7.1.4        In addition, all teachers, counselors, and administrators shall instruct students on the procedures for reporting sexual harassment within the educational setting on an as needed basis.

8.0  CORRECTIVE ACTION:

8.1              Once the facts in a case have been determined, the principal shall make a concentrated effort to resolve the case. Final resolution may include, but shall not be limited to: (l) appropriate corrective action or discipline against violators of the sexual harassment policy, (2) agreement among the parties which resolves the issues, or (3) determination that sexual harassment did not occur.

8.2              Substantial charges of sexual harassment against a student shall subject the student to corrective action or discipline including suspension or expulsion.

8.3              Students who file frivolous, unfounded, or malicious sexual harassment reports shall subject themselves to corrective action or discipline including suspension or expulsion.

8.4              In addition, all teachers, counselors, and administrators shall instruct students on the procedures for reporting sexual harassment within the educational setting on an as needed basis.

9.0  NOTIFICATION:

A copy of this sexual harassment policy shall:

9.1              Appear in any school or District publication that sets forth the school or District's comprehensive rules, regulations, procedures, and standards of conduct.

9.2              Be included in the notifications that are sent to parent/guardians at the beginning of each school year.