5020.1
The Board of Education recognizes that sexual harassment of students is a violation of federal law. The Board is committed to safeguarding the right of all students within the school district to learn in an environment that is free from all forms of sexual harassment. Therefore the Board, consistent with federal law, prohibits the sexual harassment of students which includes all unwelcome behavior of a sexual nature which may impose a requirement of sexual cooperation as a condition of academic advance, or which may have the purpose or effect of unreasonably hostile, or offensive learning environment. The Board also prohibits any retaliatory behavior against complaints or any witnesses.
The Board recognizes that sexual harassment of students can originate from a person of either sex against a person of the opposite or same sex, and from peers as well as employees, board members or any individual who foresee ably might come in contact with students on school grounds or at school-sponsored activities. When an alleged sexual harassment occurs and the district knows about it, they shall take immediate and appropriate corrective action.
Any student who believes that he or she has been subjected to sexual harassment or any other person with knowledge or belief of conduct which may constitute the sexual harassment of a student should report the alleged misconduct immediately, pursuant to 5020.1-R, so that appropriate corrective action, to and including discharge of an employee or suspension of a student, may be taken at once. The complainant shall not be discouraged from reporting an incident of alleged sexual harassment. In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct, will ensure that an investigation is promptly commenced by appropriate individuals.
The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual harassment. Such procedures are to be consistent with any applicable provisions contained in the district’s policy manual, collective bargaining agreements, the tenure laws as well as other Federal and State laws on sexual harassment. Training programs shall be established for students and employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment.
A copy of this policy and its accompanying regulations shall be distributed to all personnel and students and posted in appropriate places.
Ref: Education Amendments of 1972, Title IX, 20 U.C.S. §1681
Franklin v. Gwinnett County Public Schools, 112 S.Ct. 1028 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
34 CFR §§106.8; 106.9
Note: Prior policy, Board minutes dates November 10, 1993, revised
Adoption Date: January 14, 1997