Cf: F-4.1, H-3.3f, H-4.4
STUDENT SEXUAL HARASSMENT
Students enrolled in the Central Community School District have the right to attend school in an environment free from all forms of discrimination. The Central Community School Board believes that sexual harassment is a form of misconduct that undermines the educational vision of the school district. No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Unwelcome sexual advances, requests for sexual favors and other inappropriate verbal, written or physical conduct of a sexual nature when made by a School Board employee to a student, by a student to another student, or by a student to an employee shall be prohibited.
Sexual harassment includes any type of sexually coercive or oppressive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature. Sexual harassment also includes quid pro quo claims which occur when an employee makes sexual advances toward a student which threaten or imply retaliation if the student resists, or rewards if the student acquiesces.
This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the Central Community School District. It applies at school, school sponsored events, and in situations which are related to operations of the school.
Complaints of sexual harassment which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school. Should the claim of sexual harassment be brought against the principal of the school, the complaint should be brought directly to the Superintendent or his/her designee. The complaint need not be in writing, but students are encouraged to do so. Such reports should include the nature of the complaint, recording the specific act or acts which constitute the harassment complained of, the person or persons who the complainant alleges committed the harassment, witnesses to the acts complained of, and the date and time of the alleged act or acts.
After notification of the complaint, a confidential investigation shall immediately be initiated to gather all facts about the complaint.
After the investigation has been completed, a determination shall be made regarding the resolution of the case. If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee and/or expulsion of a student. Any disciplinary action regarding an employee shall be placed in the employee's personnel file which will reflect the action taken and the grounds therefor. Any disciplinary action taken in regard to a student shall be maintained as any other student disciplinary violation.
Persons assigned by the Superintendent to investigate complaints of sexual harassment shall do so expeditiously, thoroughly, and professionally. School site administrators shall take action in cases of student to student harassment based on the findings and consistent with the student discipline code. A copy of the report of findings shall be forwarded to the Superintendent. Persons assigned to handle investigations involving employees shall forward results of the investigations to the Superintendent. The Superintendent shall review the findings of the investigation and render a decision consistent with legal requirements within thirty (30) calendar days of the receipt of the results of the investigation.
Retaliation against any employee or student who brings sexual harassment charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual harassment complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.
Confidentiality as to the claimant and the nature of the complaint shall be maintained, consistent with the needs of the investigation into the complaint. Information concerning the complaint, the claimant, and the results or progress of the investigation shall be on a need to know basis, only by those assigned duties to receive complaints, those who investigate them, and those interviewed.
The procedures provided for in the School Board’s grievance procedure and other procedures provided for by law shall be complied with according to the status of the claimant and alleged harasser in each individual situation.
If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board policy H-4.4, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting must be made in addition to any procedures for handling sexual harassment complaints.
NOTIFICATION AND TRAINING
Notice of this policy shall be circulated to all schools and departments of the Central Community School Board and printed in teacher and student handbooks. Training sessions regarding student sexual harassment shall be held in all schools on an annual basis. Training sessions for new non-teaching employees shall be conducted annually. All current employees shall be provided a copy of this policy as well as newly hired personnel on an annual basis.
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81
Central Community School Board