Sexual Harassment Policy
Sexual harassment of students of either sex by employees or other students of the opposite or same sex is strictly prohibited in the Couch R-I School District. For purposes of sexual harassment and sexual discrimination policies only, an employee includes any person employed by the district, and any student teacher, intern or school volunteer. A student is any person enrolled in the school district or in district instructional programs. Sexual harassment is defined as sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature made by a member of the school staff to a student or when made by any student to another student when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s academic status or progress
- Submission to or rejection of such conduct by a student is used as the basis for evaluation of the student’s performance within a course of study or other school-related activity
- Such conduct has the purpose or effect of interfering with a student’s educational performance or creating an intimidating, hostile or offensive educational environment.
- Such conduct has the effect of favoring another student
Whether a student voluntarily submits to sexual advances or requests is irrelevant for purposes of this policy. Sexual Harassment of a student by an employee or another student may include such things as sexually oriented jokes, remarks, cartoons, pictures, or letters; pressure for sexual activity whether written, verbal or through physical gestures; and physical contact such as patting or pinching.
Students who believe they have been victims of or have witnessed sexual harassment should report the incident(s) to any teacher, guidance counselor or school administrator. The staff member who receives the complaint shall promptly inform the administrator who is designated to investigate such reports, or the next level administrator who is not the subject of the complaint. Employees who witness sexual harassment against students shall immediately notify the designated administrator, or the next level administrator who is not the subject of the complaint. There will be no adverse action taken against a person for making a complaint of sexual harassment when the complainant honestly believes sexual harassment has occurred or is occurring or for participating in or cooperating with an investigation. Adverse action would include any form of intimidation, reprisal or harassment such as suspension, expulsion, termination, and change in educational conditions, loss of privileges or benefits or other disciplinary action. Any individual who retaliates against any employee or student, who reports, testifies, assists or participates in an investigation or hearing relating to a sexual harassment complaint will be subject to discipline.
The appropriate administrator shall provide for a thorough, prompt investigation of the incident, and the investigation and written report shall be completed within a reasonable period of time. The district shall take disciplinary action where appropriate, up to and including suspension and/or expulsion or the student or suspension and/or termination of the employee, in order to ensure that further sexual harassment does not occur. No person who is the subject of a complaint shall conduct such as investigation. If the superintendent is the subject of the complaint, an investigation will be conducted by an individual authorized by the Board. Any student found to have violated this policy by committing an act of sexual harassment or retaliating against a complainant or participant in the investigation shall be subject to disciplinary action including, but not limited to, suspension and expulsion. Confidentiality will be preserved consistent with applicable laws and responsibility to investigate and address such complaints. If investigation of a student complaint results in reasonable cause to suspect that the student has been subjected to abuse or neglect, the matter will be reported in accordance with policy JHG, Reporting Child Abuse. Students who believe that their complaint has not been satisfactorily resolved may utilize grievance procedure ACG at the appropriate level.
Labels: Student Policies
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