TITLE: UNLAWFUL HARASSMENT
ADOPTED: September 16, 1999
REVISED: September 19, 2002
248. UNLAWFUL HARASSMENT
The Board strives to provide a safe, positive learning climate for students in the
| 2. Authority
Sec. 2000e et seq
Sec. 951 et seq
Sec. 1606.8 (a)
| The Board prohibits all forms of unlawful harassment of students and third parties
by all district students and staff members, contracted individuals, vendors,
volunteers, and third parties in the schools. The Board encourages students and third
parties who have been harassed to promptly report such incidents to the designated
The Board directs that complaints of harassment shall be investigated promptly, and
corrective action be taken when allegations are substantiated. Confidentiality of all
parties shall be maintained, consistent with the district's legal and investigative
No reprisals nor retaliation shall occur as a result of good faith charges of
| 3. Definitions
Sec. 1606.8 (a)
62 Fed. Reg.
(March 13, 1997)
66 Fed. Reg. 5512
(Jan. 19, 2001)
| For purposes of this policy, harassment shall consist of verbal, written, graphic or
physical conduct relating to an individual's race, color, national origin/ethnicity,
gender, age, disability, sexual orientation or religion when such conduct:
1. Is sufficiently severe, persistent or pervasive that it affects an individual's ability
to participate in or benefit from an educational program or activity or creates an
intimidating, threatening or abusive educational environment.
2. Has the purpose or effect of substantially or unreasonably interfering with an
individual's academic performance.
3. Otherwise adversely affects an individual's learning opportunities.
Sec. 1604.11 (a)
|For purposes of this policy, sexual harassment shall consist of unwelcome sexual
advances; requests for sexual favors; and other inappropriate verbal, written, graphic
or physical conduct of a sexual nature when:
1. Submission to such conduct is made explicitly or implicitly a term or condition
of a student's academic status.
2. Submission to or rejection of such conduct is used as the basis for academic or
work decisions affecting the individual.
3. Such conduct deprives a student of educational aid, benefits, services or
4. Such conduct is sufficiently severe, persistent or pervasive that it has the
purpose or effect of substantially interfering with the student's school
performance or creating an intimidating, hostile or offensive educational
Examples of conduct that may constitute sexual harassment include but are not
limited to sexual flirtations, advances, touching or propositions; verbal abuse of a
sexual nature; graphic or suggestive comments about an individual's dress or body;
sexually degrading words to describe an individual; jokes; pin-ups; calendars;
objects; graffiti; vulgar statements; abusive language; innuendoes; references to
sexual activities; overt sexual conduct; or any conduct that has the effect of
unreasonably interfering with a student's ability to work or learn or creates an
intimidating, hostile or offensive learning or working environment.
|4. Delegation of
|In order to maintain an educational environment that discourages and prohibits
unlawful harassment, the Board designates the Superintendent as the district's
The Compliance Officer shall publish and disseminate this policy and the complaint
procedure at least annually to students, parents, employees, independent contractors,
vendors, and the public. The publication shall include the position, office address
and telephone number of the Compliance Officer.
Each staff member shall be responsible to maintain an educational environment free
from all forms of unlawful harassment.
Each student shall be responsible to respect the rights of their fellow students and
district employees and to ensure an atmosphere free from all forms of unlawful
The building principal or designee shall be responsible to complete the following
duties when receiving a complaint of unlawful harassment:
1. Inform the student or third party of the right to file a complaint and the complaint
2. Inform the complainant that s/he may be accompanied by a parent/guardian
during all steps of the complaint procedure.
3. Notify the complainant and the accused of the progress at appropriate stages of
4. Refer the complainant to the Compliance Officer if the building principal is the
subject of the complaint.
|5. Guidelines||Complaint Procedure – Student/Third Party
Step 1 – Reporting
A student or third party who believes s/he has been subject to conduct that
constitutes a violation of this policy is encouraged to immediately report the incident
to the building principal or a district employee.
A school employee who suspects or is notified that a student has been subject to
conduct that constitutes a violation of this policy shall immediately report the
incident to the building principal.
If the building principal is the subject of a complaint, the student, third party or
employee shall report the incident directly to the Compliance Officer.
The complainant or reporting employee is encouraged to use the report form
available from the building principal, but oral complaints shall be acceptable.
Step 2 – Investigation
Upon receiving a complaint of unlawful harassment, the building principal shall
immediately notify the Compliance Officer. The Compliance Officer shall authorize
the building principal to investigate the complaint, unless the building principal is
the subject of the complaint or is unable to conduct the investigation.
The investigation may consist of individual interviews with the complainant, the
accused, and others with knowledge relative to the incident. The investigator may
also evaluate any other information and materials relevant to the investigation.
The obligation to conduct this investigation shall not be negated by the fact that a
criminal investigation of the incident is pending or has been concluded.
Step 3 – Investigative Report
The building principal shall prepare a written report within fifteen (15) days, unless
additional time to complete the investigation is required. The report shall include a
summary of the investigation, a determination of whether the complaint has been
substantiated as factual and whether it is a violation of this policy, and a
recommended disposition of the complaint.
Copies of the report shall be provided to the complainant, the accused, and the
Step 4 – District Action
If the investigation results in a finding that the complaint is factual and constitutes a
violation of this policy, the district shall take prompt, corrective action to ensure that
such conduct ceases and will not recur.
Disciplinary actions shall be consistent with the Student Code of Conduct, Board
policies and district procedures, applicable collective bargaining agreements, and
state and federal laws.
If it is concluded that a student has knowingly made a false complaint under this
policy, such student shall be subject to disciplinary action.
1. If the complainant is not satisfied with a finding of no violation of the policy or
with the corrective action recommended in the investigative report, s/he may
submit a written appeal to the Compliance Officer within fifteen (15) days.
2. The Compliance Officer shall review the investigation and the investigative
report and may also conduct a reasonable investigation.
3. The Compliance Officer shall prepare a written response to the appeal within
fifteen (15) days. Copies of the response shall be provided to the complainant,
the accused and the building principal who conducted the initial investigation.