V-04: Sexual Harassment - Student

North Sanpete School District
Statement of…………………….   

Board Policy With Guidelines

Policy Number:  V-4
Effective Date:  02/10/1998
Revised Date:  07/17/2018
pdfPDF Download

Subject: Student Sexual Harassment

  1. BOARD POLICY
    1. It is the intent of North Sanpete School District to preserve a learning environment free from unlawful sexual harassment and discrimination on the basis of sex.
    2. The district does not tolerate any form of sexual harassment or discrimination in the schools, including acts of non-employees such as volunteers. Disciplinary action will be taken against any employee or student if violations occur.
    3. Consistent with Policy IV-1, no student or employee of North Sanpete School District shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any educational program or activity conducted by the district. 
    4. More specifically, the district will treat its students without discrimination on the basis of sex in regards to access to and participation in course offerings, athletics, counseling, employment assistance, and extra-curricular activities prescribed by Title IX regulations.
  2. DEFINITIONS:
    1. Complainant: a student filing a complaint of sexual harassment or discrimination
    2. Alleged harasser: the person allegedly responsible for the harassment or discrimination. For purposes of this policy, a person engaged in discrimination about whom a complaint is filed is referred to as “alleged harasser”.
    3. Sexual harassment: unwanted conduct or communication of a sexual nature that adversely affects a person's education opportunities, relationships, or environment or that is based on the person’s sex, gender, perceived sex or gender, including homosexuality, and transgender status. Sexual harassment includes, but is not limited to:
      1. any sex and/or gender-related unwelcome written or verbal slurs; sex or gender role stereotyping which is demeaning and involves unequal treatment of an individual on the basis of that person's sex and/or gender; vulgar jokes; derogatory statements or actions; the display of demeaning posters, cartoons, nudity or offensive sexual jokes about sex and/or gender; and visual or verbal statements about an individual which are sexual in nature.
      2. unwanted physical conduct of a sexual nature.
      3. sexually explicit photo sent or received through cell phones or other electronic devices that is distributed to others without the consent of the subject of the photo.
      4. When a student receives messages with sexually explicit by cell phone or other electronic devices from an adult.
      5. When a student is asked by an adult to send or when an adult sends a nude or partially nude image to a student through cell phones or other electronic devices, law enforcement must be contacted. Communication between an adult and a student that is sexual in nature should also be reported to law enforcement.
    4. Sex discrimination: unequal treatment on the basis of sex, gender or perceived sex or gender, including homosexuality and transgender status.
  3. PROHIBITED CONDUCT
    1. It is illegal and a violation of this policy for any student or employee to:
      1. Make unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of obtaining an education;
      2. Make submission to or rejection of sexual advances the basis for educational opportunities affecting students; or
      3. Create an intimidating, hostile, or offensive school environment through unwanted conduct or communication of a sexual nature.
  4. COMPLAINTS
    1. Students’ affect by sexual harassment or discrimination shall be afforded avenues for filing complaints, which are free from bias, collusion, intimidation, or reprisal.
      1. Complainants should directly inform the teacher, counselor, or principal regarding the complaint. The person receiving the complaint shall forward the complaint to the school Title IX Coordinator, who is the school administrator.
      2. Complainants are strongly encouraged to submit the complaint in writing. However, they may convey the complaint verbally.
      3. In situations where an adult school employee or adult volunteer is the alleged harasser, the person receiving the complaint shall immediately refer the complaint to the Principal, Assistant Superintendent, or Superintendent, and if appropriate, to law enforcement.
      4. The complainant may request to submit the complaint to, or to have the complaint investigated by, a representative of the same gender.
    2. Confidentiality will be protected to the extent practical under the law and under the necessities of investigating the complaint and taking appropriate disciplinary action.
  5. INITIAL INVESTIGATIONS PROCEDURES
    1. The school administrator has the responsibility to conduct a preliminary review when he/she receives an oral or written complaint or observes sexual harassment or discrimination. A supervisor of students may be held liable in a sexual harassment case if he/she knew or should have known that sexual harassment behaviors were taking place and did not take prompt action. The administrator should take the following steps:
      1. Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the alleged harasser.
      2. Interview the alleged harasser regarding the complaint and inform the alleged harasser that, if the objectionable behavior has occurred, it must cease. Document the conversation.
      3. Instruct the alleged harasser to have no contact or communication regarding the complaint with the complainant and to not take any retaliatory action against the complainant.
      4. If the alleged harasser admits all or part of the allegations, take appropriate disciplinary action and document such action in the harasser’s employment or student file.  In addition, promptly contact the Assistant Superintendent or Superintendent and possibly law enforcement for situations involving repeated violations and severe infractions such as criminal touching, quid pro quo (e.g., offering an education-related reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person. 
      5. If the alleged harasser denies the allegations, promptly conduct a further investigation including interviewing witnesses, if any.
      6. Submit a copy of all investigation and interview documentation to the District Office.
      7. Report back to the complainant, notifying him/her in person that the matter has been fully investigated and has been resolved according to appropriate disciplinary actions. If the disciplinary action involves the complainant (eg, the alleged harasser is removed from all classes with the complainant) the complainant shall be informed of this information. Instruct the complainant to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliated against him/her.
      8. Notify the complainant that if he/she desires further investigation and action, the complaint will be forwarded for a district level investigation. Also notify the complainant of his/her right to register a complaint with the U.S. Department of Education's Office for Civil Rights.
    2. The administrator must sometimes exercise discretion as to the severity or pervasiveness of the conduct in determining whether a district level investigation is necessary regardless of the complainant's desires. If a blatant violation occurs involving criminal touching, quid pro quo (e.g., offering an education-related reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person the complaint should be referred promptly to the Assistant Superintendent or the Superintendent and possibly law enforcement.
    3. Whenever a sexual harassment complaint is made, the administrator must take action to investigate the complaint or to refer the complaint for investigation even if the student does not request action.
    4. Investigations should commence as soon as possible, but not later that five (5) work days following receipt of the complaint.
    5. If the initial investigation results in a determination that sexual harassment did occur, and the harasser repeats the wrongful behavior or retaliates against the complainant, the administrator will take prompt disciplinary action and will notify the Assistant Superintendent or Superintendent.
  6. DISTRICT LEVEL INVESTIGATON
    1. Complainants who are not satisfied with the outcome of the initial investigation may request a district level investigation by submitting the written complaint to the District Title IX Coordinator, who the Superintendent.
    2. The district level investigation should commence as soon as possible but not later than seven (7) working days following receipt of the complaint by the district administrator.
    3. In conducting the district level investigation, the district may choose to use an investigative team that has received training in sexual harassment investigation or that has previous experience investigating harassment complaints.
    4. If this investigation results in a determination that sexual harassment did occur, appropriate disciplinary action may be taken against a student or employee.
    5. Following the district investigation and determination, the district will notify the complainant that the investigation has concluded and appropriate disciplinary action, if any, has been taken.
  7. RIGHT TO REPRESENTATION AND OTHER LEGAL RIGHTS
    1. The complainant and the accused have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings.
    2. Complainants also have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights or the Utah And Discrimination Division/EEOC. Nothing is this policy shall be construed to limit the right of the complainant to file a lawsuit.
  8. RETALIATION PROHIBITION
    1. Any act of reprisal against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and therefore, subject to disciplinary action.
    2. Likewise, reprisal against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited and therefore subject to disciplinary action.
  9. FALSE COMPLAINTS
    1. False, malicious, or frivolous complaints of harassment will result in corrective or disciplinary action taken against the accuser.
  10. RECORDS
    1. Separate confidential records of all sexual harassment complaints and investigations shall be maintained in the administrator’s office. Records of district level investigations shall be maintained in the Personnel and/or Student Services Office.
    2. Records of complaints and investigations are considered education records if they contain personally identifiable information and are maintained by the school.
    3. Records of initial complaints and investigations shall be retained for at least one (I) year.
    4. Records of initial complaints and investigations shall be retained for at least one (I) year.
    5. Records of district level investigations shall be retained for at least three (3) years.
    6. Records of complaints and investigations of blatant violations involving criminal touching, quid pro quo, or acts, which shock the conscience of a reasonable person, shall be retained permanently.
  11. TRAINING
    1. All students shall receive information about this policy yearly.
    2. All employees shall be provided information on a regular basis regarding this policy and the District's commitment to a harassment-free learning environment.
    3. Administrative employees who have specific responsibilities for investigation and resolving complaints of sexual harassment shall receive yearly training on this policy and related legal developments.
    4. Principals in each school and program directors shall be responsible for informing students and staff of the terms of this policy, including the procedures established for investigation and resolution of complaint.
  12. REFERENCES
    1. 42 W.S.C. #200 e, Civil Rights Act of 1964, Tide VII. Prohibits sexual harassment as a form of sex discrimination.
    2. Title IX of the Education Amendments Act of 1972 and associated regulations. Prohibits sex discrimination, including harassment, in educational institutions that receive federal funds.
    3. Utah Constitution, Art, IV, #1. Both male and female citizens of the State shall enjoy equally all civil, political and religious rights and privileges.
    4. Utah Code Ann. 76-5-401 through 76-5-407. Prohibits unlawful criminal sexual offenses.

Print Email