Franklin Local Schools    360 Cedar Street • PO Box 428 • Duncan Falls, OH 43734 • 740.674.5203
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10.06 SEXUAL HARASSMENT AND DISCRIMINATION

The Board recognizes that an employee’s and student’s right to freedom from discrimination includes the opportunity to work and learn in an environment untainted by sexual harassment. Sexually offensive speech and conduct are wholly inappropriate to the operation of the School District and will not be tolerated. Further, both the United States Supreme Court and Ohio Supreme Court, as well as Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, and Title IX of the Education Amendments of 1972, recognize sexual harassment as a form of sex discrimination and it is, therefore, illegal. 

As required by state and federal law, the District does not discriminate on the basis of sex in its programs and activities. This policy or a version which provides students and staff adequate notice of the prohibition against sexual harassment, the conduct that constitutes sexual harassment, and the complaint procedure for reporting sexual harassment shall be included in the student and staff handbooks. The District shall also train staff on how to report and properly respond to harassment complaints/grievances.

    A.       Employees

               It shall be a violation of this policy for any member of the District staff or a
               third party (i.e., visiting speaker or a visiting athletic team) to harass an
               employee through conduct or communications of a sexual nature as
               defined below. This includes harassment by a supervisor or another 
               coemployee.

   1.        Definition

                         a.        Sexual harassment of employees is unwelcome conduct of a
                                    sexual nature. Such conduct can include unwelcome sexual
                                    advances, requests for sexual favors, and verbal, nonverbal
                                    or physical contacts of a sexual nature, when submission to
                                    such conduct is made a condition of employment or a basis
                                    of an employment decision. Sexual harassment also may be
                                    found to have occurred when the above-mentioned conduct
                                    has the purpose or effect of unreasonably interfering with
                                    work performance or creating an intimidating, hostile, or
                                    offensive working environment.

                         b.        Sexual harassment, as defined above,mayinclude but is not
                                    limited to the following: 

                                    1)        Basing an evaluation, recommendation, transfer, etc.
                                               on an employee’s refusal or submission to sexual
                                               advances.

                                    
2)        Jokes, stories, cartoons, or pictures that convey a
                                               sexual message, and/or place the opposite sex in
                                               demeaning roles, thereby creating a hostile working
                                               environment for the sex which is the subject of the
                                               jokes, stories, cartoons, or pictures.

                                    3)        Unwelcome touching.

                                    
4)        All types of verbal harassment and abuse of a sexual
                                               nature.

                                    5)        Pressure for sexual activity.

                                    6)        Any other remarks or actions to a person, with
                                               sexually demeaning implications.

                         c.        Unwelcome: Conduct is unwelcome if the employee did not
                                    request or invite it and regarded the conduct as undesirable
                                    or offensive. Acquiescence in the conduct or failure to
                                    complain does not always mean the conduct was welcome.

                2.        Staff Complaint/ Grievance Procedure 

                        a.        Retaliation against those who file a complaint or participate in
                                   the investigation of the complaint is prohibited. Retaliation
                                   claims also are subject to this complaint/ grievance
                                   procedure.

                        b.        The intent of the following reporting procedure is to provide
                                   a quick and fair resolution of complaints of discrimination
                                   based on sex.

                        c.        The staff member desiring to file a sexual harassment
                                   complaint must present the complaint, in writing to the   
                                   Superintendent. The Superintendent or his/her designee shall
                                   investigate the matter unless otherwise designated by the
                                   Board.

                       
d.        If the Superintendent is the employee alleged to have engaged
                                  in sexual harassment, the complaint shall be sent directly to
                                  the President of the Board of Education. The Board will
                                  either conduct the investigation set out below, or appoint an
                                  investigator in its place.

                       
e.        The right to confidentiality, both of the complainant and of the
                                  accused, will be respected consistent with the District’s legal
                                  obligation, and with the necessity to investigate allegations of
                                  misconduct and take corrective action when this conduct has
                                  occurred.

                3.        Discipline

                           If sexual harassment is found to have occurred, the person who
                           engaged in such harassment may be disciplined. The discipline
                           must be reasonably calculated to end the harassment. Said
                          discipline may include, but not be limited to, one or a combination
                          of the following:

                      a.        Written reprimand of the employee to be included in said
                                 employee’s personnel file which orders the employee to
                                 cease and desist further sexual harassment.

                      b.        Transfer of said employee away from the individual who filed
                                 the complaint and away from any other individual who was
                                 found to have been harassed. Said transfer shall include a
                                 written warning to cease and desist further sexual harassment.

                     c.        Termination of the employee’s employment.

    B.       Students

              It shall be a violation of this Policy for any member of the District staff to
              harass a student through conduct or communications of a sexual nature as
              defined below or to have romantic or sexual relations with a
              student. Retaliation in any form against those persons alleging that sexual
              harassment has occurred or participating in the investigation of the
              complaint is also prohibited. It shall also be a violation of this policy for
              students or third parties (i.e., visiting speaker, or visiting athletic team) to
              harass other students through conduct or communications of a sexual
              nature as defined below.

             Any teacher, counselor or administrator who receives a report, verbally or
             in writing, from any student regarding sexual harassment of that student must
             forward that report to the building principal, Superintendent or Title IX
             coordinator (if the Superintendent is not the coordinator)within one school
             day or within a reasonable period of time if there is a good cause for the
             delay. Any building principal receiving a report of sexual harassment shall
             promptly notify the Superintendentor Title IX coordinator.

               1.        Definition

                      a.        Sexual harassment is unwelcome conduct of a sexual
                                 nature. Such conduct can include unwelcome sexual advances,
                                 requests for sexual favors, and other verbal, nonverbal or
                                 physical conduct of a sexual nature, including sexual
                                 violence,when made by a member of the school staff or a third
                                 party (e.g., a visiting speaker or visiting athletes) to a student
                                or when made by any student to another student. Such actions
                                constitute sexual harassment when:

                                 1)        Submission to such conduct is made, either explicitly
                                            or implicitly, a term or condition of a student’s
                                            education;

                                 2)        Submission to or rejection of such conduct by a
                                            student is used as the basis for academic decisions
                                            affecting that student; or
 
                                 3)        The conduct is so severe, persistent, or pervasive that
                                             it affects a student’s ability to participate in or benefit
                                             from an education program or activity or creates an
                                             intimidating, hostile or offensive academic
                                             environment;

                                 4)        Sexual harassment, as defined above, may include, but
                                            is not limited to, the following:

                                             
a)        Verbal harassment or abuse;

                                             
b)        Pressure for sexual activity;

                                             
c)        Repeated remarks to a person, with sexual or
                                                        demeaning implications; 

                                             d)       Sexual or demeaning remarks sent via
                                                       electronic communications, such as e-mail, 
                                                       text-messaging or social networking websites,
                                                       when such remarks occur at school or away
                                                       from school but with a nexus to other
                                                       harassment occurring at school;

                                             e)      Unwelcome touching; or

                                             f)      Suggesting or demanding sexual involvement
                                                      accompanied by implied or explicit threats
                                                      concerning one's grades, etc.

                        b.         Unwelcome:  Conduct is unwelcome if the student did not
                                     request or invite it and regarded the conduct as undesirable
                                     or offensive.  Acquiescence in the conduct or failure to
                                     complain does not always mean the conduct was welcome.

               2.         Student Complaint/Grievance Procedure

                        a.         Any student who alleges sexual harassment by any staff
                                    member or student in the District may complain directly to
                                    the building principal, guidance counselor, teacher,
                                    Superintendent, Title IX coordinator (if the Superintendent is
                                    not the coordinator), any other school employee whom the
                                    student trusts, or any other individual designated to receive
                                    such complaints.

                        b.         Retaliation against those who file a complaint or participate
                                    in the investigation of the complaint is prohibited.  Retaliation
                                    claims also are subject to this complaint / grievance
                                    procedure.  Therefore, filing of a complaint or otherwise
                                    reporting sexual harassment will not reflect upon the
                                    student's status nor will it affect future employment, grades,
                                    or work assignments.  The person to whom the complaint
                                    was made shall within one (1) school day report the
                                    complaint to the Superintendent or Title IX coordinator.
                                  
  If the Superintendent is the employee alleged to have
                                    engaged in the sexual harassment, the report shall be made
                                    to the Title IX coordinator or the President of the Board
                                    of Education.

                        c.         The right to confidentiality, both of the complainant and of 
                                    the accused, will be respected consistent with the District's
                                    legal obligation, and with the necessity to investigate 
                                    allegations of misconduct and take corrective action when
                                    this conduct has occurred.  However, the District
                                    cannot ensure confidentiality.

                        
d.         When the Superintendent or Title IX coordinator receives
                                    a complaint/grievance, the District will take immediate 
                                    interim steps to eliminate the harassment, prevent its
                                    recurrence and address its effects.  The District's 
                                    response shall minimize the burden on the individual
                                    bringing the complaint/grievance.

               3.         Discipline

                           A complaint against a student in the School District that is
                           substantiated by a preponderance of the evidence shall subject
                           that student to disciplinary action, including suspension or 
                           expulsion, consistent with the Student Discipline Code.

   C.   Investigation (Student and Employee)

              
               1.      The investigator should remember that the investigation requires a 
                        balancing of the accused's right to preserve his/her good name,
                        the complainant's right to an environment free of sexual harassment,
                        and the Board's interest in a prompt and fair investigation.

               2.      The investigator will inform and request the consent of the
                        complainant before beginning an investigation.  If the complainant
                        requests confidentiality or asks that an investigation not be pursued,
                        the District will take all reasonable steps to investigate and respond 
                        to the complaint consistent with the complainant's request.
      
               3.      The investigator shall meet with the complainant without a period
                        not to exceed ten (10) school days from the time of making the 
                        complaint.  However, the investigator is urged to meet with the
                        complainant as soon as possible.

               4.      Following the meeting with the complainant, the investigator shall 
                        conduct an investigation to determine if sexual harassment has 
                        occurred.  The investigation shall include a conference with the
                        accused and the complainant, as well as any and all other methods
                        which are considered necessary to determine whether
                        harassment has occurred.  The investigation shall include the 
                        opportunity for both parties to present witnesses and other 
                        evidence, written documentation of such investigation,
                        including documents and witness statements.

   D.   Post-Investigation Procedures (Student and Employee)

               1.      Upon conclusion of the investigation, the investigator shall issue
                        a written report.  Although the facts and circumstances of a 
                        particular investigation may require and investigation to continue
                        beyond forty-five (45) school days, it is recommended that the
                        investigation and a report of the findings be completed within
                        that time frame.  The report shall include a determination of whether
                        the accused was found to have engaged in harassment, was found 
                        not to have engaged in harassment, or whether the investigation 
                        was inconclusive.  The report shall be issued to the complainant,
                        if an employee, or to the complainant's parents, if a student and to
                        the accused.  A copy of the report shall also be sent to the
                        Superintendent or his/her designee.

               2.      A finding of no harassment or inconclusive evidence shall end the
                        investigation.

               3.      If harassment is found to have occurred, the investigation shall
                        recommend what steps are necessary to ensure that the
                        harassment is eliminated for the victim and other individuals 
                        affected by the sexual harassment and to correct its 
                        discriminatory effects on the complainant and others, if appropriate.

   E.   Appeal (Student and Employee)

               1.      If the complainant is not satisfied with the results of the investigation,
                        he/she may send written notice to the Board that he/she is not 
                        satisfied with the results of the investigation.  The written notice 
                        should include reasons why the complainant is not satisfied with the 
                        results of the investigation.  The Board, upon receipt of the notice
                        request, will review it and conduct further investigation if deemed
                        necessary.

               2.      The Board shall issue it decision within sixty (60) school days of
                        receipt of the complainant's notice of dissatisfaction.

   F.   Title IX Coordinator

               1.      For purpose of reporting Title IX complaints / grievances, the 
                        Board's Title IX coordinator is:

                                 Sharon McDermott, Superintendent
                                 360 Cedar Street, PO Box 428
                                 Duncan Falls, Ohio 43734
                                 740-674-5203
                                 sharon.mcdermott@omeresa.net



Board Approved August 16, 2011

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