FILE:  JCEA

Cf:  JGCE

STUDENT SEXUAL HARASSMENT AND INTIMIDATION

It is the policy of the St. John the Baptist School Board to maintain a learning environment that is free from sexual harassment of students and harassment because of a student's race, color, national origin, and disability.  The School Board shall prohibit any and all forms of harassment because of race, color, national origin, and disability.

It shall be a violation of this policy for any student, teacher, administrator, or other school personnel of this school district to harass a student through conduct of a sexual nature, or conduct regarding race, color, national origin, or disability, as defined by this policy.

It shall also be a violation of this policy for any teacher, administrator, or other school personnel of this school district to tolerate sexual harassment of a student or harassment because of a student's race, color, national origin, or disability, as defined by this policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, under the auspices of the school district or any school within the school system.

For purposes of this policy, the term school personnel includes School Board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the school district.

The St. John the Baptist Parish School System will act to promptly investigate all complaints, either formal or informal, verbal or written, of sexual harassment of a student and harassment of a student because of race, color, national origin, or disability; to promptly take appropriate action to protect students from further harassment; and, if it determines that unlawful harassment occurred, to promptly and appropriately discipline any student, teacher, administrator or another school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment.

DEFINITIONS

1. Sexual Harassment
   
   For purposes of this policy, sexual harassment of a student consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

1. 1. a school employee/student causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school district causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or
       

   2. the unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment.

1. Examples of conduct which may constitute sexual harassment include:

1. 1. • sexual advances
         

      • touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex
         

      • coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts
         

      • coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another
         

      • graffiti of a sexual nature
         

      • sexual gestures
         

      • sexual or dirty jokes
         

      • touching oneself sexually or talking about one's sexual activity in front of others
         

      • spreading rumors about or rating other students as to sexual activity or performance
         

      • unwelcome, sexually motivated or inappropriate patting, pinching or physical contact. This prohibition does not preclude legitimate, non-sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as teacher's consoling hug of a young student, or one student's demonstration of a sports move requiring contact with another student
         

      • other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied by implied or overt threats concerning an individual's educational status or implied or overt promises of preferential treatment.

2. Harassment because of Race or Color
   
   For purposes of this policy, racial harassment of a student consists of verbal or physical conduct relating to an individual's race or color, when

1. 1. the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or
       

   2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's academic performance; or
       

   3. the harassing conduct otherwise adversely affects an individual's learning opportunities.

Examples of conduct which may constitute harassment because of race or color include:

1. • graffiti containing racially offensive language
      

   • racially offensive name calling, jokes or rumors
      

   • threatening or intimidating conduct directed at another because of the other's race or color
      

   • racially offensive notes or cartoons
      

   • racial slurs, negative stereotypes, and hostile acts which are based upon another's race or color
      

   • written or graphic material containing racial comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes
      

   • a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race or color
      

   • other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color.
      

3. Harassment based on National Origin or Ethnicity
   
   For purposes of this policy, ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual's ethnicity or country, country of origin, or the country of origin of the individual's parents, family members or ancestors when:

1. 1. the harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or
       

   2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
       

   3. the harassing conduct otherwise adversely affects an individual's learning opportunities.

Examples of conduct which may constitute harassment because of national origin or ethnicity include:

1. • graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity
      

   • threatening or intimidating conduct directed at another because of the other's national origin or ethnicity
      

   • jokes, name calling, or rumors based upon an individual's national origin or ethnicity
      

   • ethnic slurs, negative stereotypes, and hostile acts which are based upon another's national origin or ethnicity
      

   • written or graphic material containing ethnic comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes.
      

   • a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual's ethnicity or national origin
      

   • other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual's national origin or ethnicity.

4. Harassment because of Disability
   
   For purposes of this policy, harassment because of the disability of a student consists of verbal or physical conduct relating to an individual's physical or mental impairment when:

1. 1. the harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or
       

   2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
       

   3. the harassing conduct otherwise adversely affects an individual's learning opportunities.

Examples of conduct which may constitute harassment because of disability include:

1. • graffiti containing offensive language which is derogatory to others because of their physical or mental disability
      

   • threatening or intimidating conduct directed at another because of the other's physical or mental disability
      

   • jokes, name calling, or rumors based upon an individual's physical or mental disability
      

   • slurs, negative stereotypes, and hostile acts which are based upon another's physical or mental disability
      

   • written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes
      

   • a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual's physical or mental disability
      

   • other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual's physical or mental disability.

REPORTING PROCEDURES

Any student who believes he or she has been the victim of sexual harassment or harassment because of race or color, national origin, or disability by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extra curricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts of any appropriate school district official designated by this policy.

Any teacher, administrator, or other school personnel who has or receives notice that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the school district or a school within the school system, is required to follow the Board adopted procedures and immediately report the alleged acts to an appropriate school district official designated by this policy.

Any other person with knowledge or belief that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability as set forth above, is encouraged to immediately report the alleged acts to an appropriate school district official designated by this policy.

The school district encourages the reporting party or complainant to use the report form available from the principal of each school or available from the school district's central office, but this policy shall not prevent any person from reporting harassment or intimidation directly to the school district's Human Rights Coordinator or the Superintendent of Schools.

1. At the School Building Level
   
   The principal shall be the person responsible at the school level for receiving oral or written reports of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student. Any other school administrator, teacher, or other school personnel who receives a report of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student shall immediately inform the principal.
   
   Upon receipt of a report of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student, the principal shall immediately notify the school district's Human Rights Coordinator. Such notification shall be made by the principal prior to any screening of, or investigation into, the complaint and prior to any effort by the principal to determine whether the complaint has merit.
   
   Following notification by the principal to the school district's Human Rights Coordinator, the principal shall thereafter, and as soon as practicable, forward to the Human Rights Coordinator a written report containing a statement of the alleged facts and a copy of the report form where a written complaint has been received.  Where the complaint is verbally received by the principal, he/she shall reduce it to written form within twenty-four (24) hours of receiving it and, thereafter, he/she shall immediately forward the report to the Human Rights Coordinator.
   
   Nothing in this policy shall prevent a principal from requesting of a student that a report of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability be reduced to writing, but he/she shall not insist that a report be reduced to writing by the reporting student party or complainant:
   
   Failure to comply with the above notification and reporting provisions of this policy by a principal shall result in a disciplinary action against the principal.
   
   In the event that a report or complaint of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national. origin, or disability should involve an act or the conduct of the principal, the complaint shall be made directly to the Superintendent of Schools or the Human Rights Coordinator.
    

2. The Human Rights Coordinator
   
   The school district designates the Director of Personnel as the Human Rights Coordinator for the school system to receive reports or complaints of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability. If the report or complaint involves an act or the conduct of the Human Rights Coordinator, it should be made directly to the Superintendent of Schools.
   
   The school system shall conspicuously post the name of the Human Rights Coordinator, including his/her mailing address and office telephone number at each school within the school system.
    

3. Non-Retaliation
   
   Submission of a good faith report or complaint of sexual harassment and/or Intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability shall not affect the reporter's or complainant's future employment, work assignment, or grades, eligibility for participation in school activities and extracurricular activities, as the case may be.
    

4. Confidentiality
   
   The school district shall respect the privacy of the complainant, the individual or Individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's obligations to investigate, to take appropriate action, and to conform with any discovery requests in a pending lawsuit or disclosures otherwise required by law.

INVESTIGATION OF COMPLAINTS AND REPORTS

The Human Rights Coordinator shall immediately investigate or authorize the investigation of all reports and complaints involving alleged sexual harassment and/or intimidation or harassment and/or intimidation of students based upon race, color, national origin, or disability. The Human Rights Coordinator may authorize a school system official or, with the written approval of the Superintendent of Schools, a third party to conduct the investigations.

Investigations of sexual harassment and/or intimidation and harassment and/or intimidation of students based upon race, color, national origin, or disability may consist of personal interviews with the complaints or the individual who is alleged to have been harassed or intimidated where the alleged misconduct is reported by a fellow student, teacher, or other school personnel, the individual or individuals against whom the complaint is made, witnesses, and any other persons who may have knowledge of the alleged incident or incidents or circumstances leading to or giving rise to the complaint. Other methods of investigation also may be used and pertinent documents may be examined by the investigator.

In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past of continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular act or conduct constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of the investigation.

Investigations shall be completed as soon as practicable. The Human Rights Coordinator shall make a written report to the Superintendent o Schools upon the completion of the investigation. If the complaint involves the Superintendent of Schools, the report shall be made and filed directly with the School Board. Complaints involving harassment and/or intimidation of students based upon an alleged act or the conduct of the Human Rights Coordinator shall be investigated by the Superintendent of Schools or his/her designee and the written report following completion of the investigation shall include determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

SCHOOL DISTRICT ACTION

The school district shall take appropriate action in response to receipt of a report of an investigation of sexual harassment and/or intimidation and harassment and/or intimidation of a student based upon race, color, national origin, or disability.  Where the report determines that the alleged act or conduct appears to be a violation of this policy, such actions include, but shall not be limited to, a warning, or, in accordance with pertinent Board policies and applicable law, suspension, expulsion, transfer, remediation, termination or discharge.  The school district's response shall be consistent with the violation of this policy and any applicable provisions of state and/or federal law and other applicable Board policies, and any applicable provisions of the school district's collective bargaining agreement.  Whenever the act or conduct determined to be in violation of this policy may also constitute a violation of a criminal statute of this state or of the United States, the appropriate law enforcement officer (the police, sheriff or district attorney at the local/state level, or the United States Attorney at the federal level) shall be promptly notified.

The result of the school district's investigation under this policy shall be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy and consistent with privacy rights of the alleged harasser or intimidator.

REPRISALS PROHIBITED

The school district shall discipline or take appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person who reports on or complains about an incident of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon the race, color, national origin, or disability.

RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

The procedures set forth in this policy shall not be construed to deny the right of any individual to pursue other avenues of recourse which may include the filing of a petition or civil complaint in a state or federal court or seeking redress under criminal law statutes.        

DISSEMINATION OF POLICY

This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel.        

This policy shall appear in each school's student handbook.

The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students.

Ref:     20 USC 1681 et seq. (Discrimination Based on Sex or Blindness)

42 USC 2000d (Civil Rights - Federally Assisted Programs)

42 USC 12131-12134 (Prohibition Against Discrimination)

29 CFR 1604.11 (Sexual Harrassment)

La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 17:81               

Board minutes, 8-15-02

St. John the Baptist Parish School Board