5013 - Sexual Harassment Prohibited - Personnel, Volunteers and Visitors

This District is committed to a positive and productive working environment free from discrimination, including sexual harassment. This commitment extends to all employees and other persons involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation, or at a class training held elsewhere.

Under federal and state law, the term "sexual harassment" includes:

• acts of sexual violence;
• unwelcome sexual or gender-directed conduct or communications that interferes with an individual's employment performance or creates an intimidation, hostile, or offensive environment;
• unwelcome sexual advances;
• unwelcome requests for sexual favors;
• sexual demands when submission is a stated or implied obtaining work opportunity or other benefit;
• sexual demands where submission or rejection is a factor in a work or other school-related decision affecting an individual.

A "hostile environment" for an employee is created where the unwanted conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidation, hostile, or abusive. For the purpose of this definition, sexual harassment may include conduct or communication that involves male to female, female to male, male to male, or female to female.

Examples of behavior which have been considered sexual harassment include without limitation; repeated unsolicited propositions for dates or sexual relations; uninvited and deliberate touching or feigned accidental brushing against a person's body; feigned friendly pats, squeezes, pinches or other forms of physical contact; invading an individual’s personal space, cornering or stalking a person; using derogatory sexual terms for a person; uninvited letters, text messages, emails, phone calls or gifts; teasing with sexually explicit or suggestive materials in the work place including "pin-ups" or sexually degrading "cartoons posted in the work site; uninvited sexually suggestive looks, repeated leering or ogling, or gestures; uninvited sexual teasing, remarks, or questions regarding an employee's personal life, which have no relationship to the working place or school environment; unwelcome flirting; or demands for sexual favors in return for hiring, promotion, tenure or grades or other employment or educational achievement.

Investigation and Response

The District will promptly investigate allegations, formal and or informal, to determine what occurred. If an investigation substantiates behavior inconsistent with this Regulation and or in violation of this Regulation, the District will take prompt and appropriate steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and as appropriate, remedy its effects.

A criminal investigation does not relieve the District of its independent obligation to investigate and resolve sexual harassment. Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in school District activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The District will take appropriate actions to protect involved persons from retaliation.

It is a violation of this Regulation to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Staff Responsibilities

The superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this Regulation.

Any school employee who witnesses sexual harassment or receives a report, informal complaint, or written complaint about sexual harassment is responsible for informing the District Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.

Reports of discrimination and discriminatory harassment will be referred to the District’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the District’s Section 504 Coordinator. 

Notice and Training

The superintendent will develop procedures to provide age-appropriate information and education to District staff, parents and volunteers regarding this Regulation and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this regulation will be included in staff, student and regular volunteer orientation. This Regulation and the procedure, which includes the complaint process, will be posted in each District building in a place available to staff, students, parents, volunteers and visitors. Information about the Regulation and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduced in each student, staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Regulations Review

The superintendent will make an annual report to the board reviewing the use and efficacy of this Regulation and related procedures. Recommendations for changes to this Regulation, if applicable, will be included in the report.

It is a violation of this Regulation to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

The Superintendent is directed to develop procedures that provide for receiving and investigating and resolving complaints from any staff member who alleges that they have been subjected to sexual harassment.

The Superintendent shall develop procedures to provide information and education to staff, students, visitors and volunteers regarding this Regulation and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this Regulation will be included in staff, student and regular volunteer orientations. This Regulation and supporting procedures shall be posted in each District building in a place available to staff, students, volunteers and visitors. The Regulation shall be reproduced in each student, staff, volunteer and visitor handbook.

This Regulation shall be reviewed yearly by the Cabinet.