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
|