Sexual Harassment Policy
Sexual harassment is any unwanted or unwelcomed verbal, written, or physical conduct of a sexual nature that interferes with a student's right to learn, study, work, achieve, or participate in a comfortable and supportive atmosphere. Sexual harassment may include, but is not limited to, the following:
- Leering at someone else's body
- Making comments, gestures, or jokes of a sexual nature
- Manipulating clothing in a sexual manner
- Displaying sexual pictures or objects
- Spreading sexual rumors or commenting about sexual behavior
- Repeatedly pressuring for dates or unwanted sexual activity
- Touching, grabbing, and /or pinching
- Teasing and/or bullying in sexual terms
- Asking for sexual favors in exchange for grades, promotions, or participation in school activities
- Inflicting physical sexual assault or abuse
Students are legally protected against sexual harassment by Title IX of the Educational Amendments of 1972, a federal law prohibiting discrimination in schools on the basis of sex. (In certain circumstances, sexual harassment and sexual violence ([SHV] may constitute sexual assault or sexual abuse and are covered by other local and state laws and procedures.)
The BCPSS will not tolerate any form of SHV by staff or students. The system recognizes the student's right to participate in school programs and activities in an atmosphere free of any form of sexual harassment. Students have the responsibility of not engaging in sexual conduct that is unwelcomed or offensive to others.
Sexual harassment committed by students of either sex against students or staff of the opposite or same sex constitutes inappropriate conduct. All complaints will be investigated by the principal or his/her designee. Depending on the nature of the offense, disciplinary action ranging from counseling to suspension or expulsion may be taken consistent with discipline policies approved by the New Board of School Commissioners.
Any student and/or a designated representative has the right to file a complaint regarding an alleged incident of sexual harassment that has occurred in school; on school property; or while participating in a school-sanctioned curricular or extracurricular outing.
Any student (or parent or legal guardian of a student) who feels that he/she has been a target of sexual harassment in school; on school property; or while participating in a school sanctioned curricular or extracurricular outings should report the incident promptly, orally, or in writing, to a school staff member, preferably the principal. (If the principal is the alleged perpetrator, the report should be made to the area executive officer, who will assume the principal's role in the process.)
Students are encouraged to report harassment that they experience or witness. Any school staff member who receives a sexual harassment complaint should report it immediately, orally, or in writing, to the principal or designated representative. (If the principal is the alleged perpetrator, the report should be made to the area executive officer.) Where teachers or other BCPSS employees are suspected of abuse, the BCPSS will immediately conduct a thorough investigation that may result in remedial or disciplinary action up to and including the termination of employment and revocation of professional certification.
The principal or staff member should immediately alert the area executive officer and the parents/guardians of the students involved.
In severe cases involving criminal conduct, such as the infliction of physical sexual assault or abuse, the police and Child Protective Services are to be notified immediately. The BCPSS Office of Legal Counsel must also be notified immediately.
The complainant's rights must not be violated. He/she must be given an opportunity to present the facts as he/she perceives them. Under no circumstances is the complainant to be disciplined by means of an involuntary transfer or suspension. Counseling will be provided to assist the complainant in coping with the alleged harassment.
All complaints will be handled promptly and in a manner appropriate to significant disciplinary infractions. While an isolated incident may not constitute sexual harassment, the BCPSS is responsible for providing appropriate intervention and/or disciplinary measures to reduce or eliminate sexual harassment and its negative effects on individuals.
Every reasonable effort will be made to maintain confidentiality during the investigation. Retaliatory action may not be taken against a complainant or any witness who participates in an investigation. Such action will result in severe sanctions against the retaliator.
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