|
Policy |
File Code: 5145.4 |
EQUAL EDUCATIONAL
The
district shall provide an equal opportunity for all enrolled children to
achieve their maximum potential through the programs offered in these schools
regardless of race, color, creed, religion, sex, ancestry, national
origin, place of residence within the district, social or economic condition or
nonapplicable handicap. Enforcement of other district
affirmative action politics (2224, 4111.1, 4211.1 and 6121) contribute to this
legally required equality of educational opportunity.
No
pupil or staff member may harass any pupil of this district sexually or in any
area covered by the statement in paragraph one of this policy.
Such harassment is a denial of equal educational opportunity.
Procedures
shall be made available for pupils and/or parents/guardians to file a grievance
protesting alleged discriminatory or sexually (or other) harassing action. An
immediate report of the allegation should be made to the affirmative action
officer or to the high school principal.
Sexual Harassment of Pupils
The
Board of Education will not tolerate sexual harassment of pupils by school
employees, other pupils, or third parties.
Sexual harassment of pupils is a form of prohibited sex
discrimination. School district staff
will investigate and resolve allegations of sexual harassment of pupils engaged
in sexual harassment by school employees, other pupils (peers), or third
parties.
The Board shall establish a
grievance procedure through which school district staff and/or pupils can
report alleged sexual discrimination, including sexual harassment which may
include quid pro quo harassment and hostile environment.
Definitions:
1. Quid Pro Quo Harassment - When a school
employee explicitly or implicitly conditions a pupil’s participation in an
educational program or activity or bases an educational decision on the pupil’s
submission to unwelcomed sexual advances, requests
for sexual favors or other favors, or other verbal, nonverbal, or physical
conduct of a sexual nature. Quid Pro Quo Harassment is equally unlawful whether
the pupil resists and suffers the threatened harm or submits and thus avoids
the threatened harm.
Page 1 of 4
File Code:
5145.4
Sexual Harassment
of Pupils (continued)
2. Hostile environment sexual harassment -
Sexually harassing conduct (which can include unwelcomed
sexual advances, requests for sexual favors or other favors, or other verbal,
nonverbal, or physical conduct of a sexual nature) by an employee, by another
pupil, or by a third party that is sufficiently severe, persistent, or
pervasive to limit a pupil’s ability to participate in or benefit from an
educational program or activity, or to create a hostile or abusive educational
environment.
This policy
protects any “person” from sex discrimination; accordingly both male and female
pupils are protected from sexual harassment engaged in by school district
employees, other pupils, or third parties.
Sexual harassment, regardless of the gender of the harasser, even if the
harasser and the pupil being harassed are members of the same gender is
prohibited. Harassing conduct of a
sexual nature directed toward any pupil, regardless of the pupil’s sexual
orientation, may create a sexually hostile environment and therefore constitute
sexual harassment.
The
regulation and grievance/complaint procedure shall provide a mechanism for
discovering sexual harassment as early as possible for effectively correcting
problems.
School staff, compensated and uncompensated, having
reasonable cause to believe a pupil has been subjected to child abuse or
neglect or acts of child abuse or neglect as defined under N.J.S.A.
9:6-8.10 are required to immediately report to the Division of Youth and Family
Services in accordance with N.J.A.C. 6A:16-10.1 et seq.
and inform the building principal or immediate supervisor after making such
report. However, notice to the Building
Principal or designee need not be given when the school staff member believes
such notice would be likely to endanger the referrer or child(ren) involved or when the staff member believes that such
disclosure would be likely to result in retaliation against the child or in
discrimination against the referrer with respect to his/her employment.
The
Superintendent or designee will take steps to avoid any further sexual
harassment and to prevent any retaliation against the pupil
who made the complaint, was the subject of the harassment, or against those who
provided the information or were witnesses.
The school district staff can learn of sexual harassment through notice
and any other means such as from a witness to an incident, an anonymous letter
or telephone call.
This
policy and regulation on sexual harassment of pupils shall be published and
distributed to pupils and employees to ensure all pupils and employees
understand the nature of sexual harassment and that the Board will not tolerate
such behavior. The Board shall provide
training for all staff and age-appropriate classroom information for pupils to
ensure the staff and pupils understand what type of conduct can cause sexual
harassment and that the staff know the school district policy and regulation on
how to respond.
Page 2 of 4
File Code:
5145.4
Sexual Harassment of Pupils (continued)
In
cases of alleged harassment, the protections of the First Amendment must be
considered if issues of speech or expression are involved. Free speech rights apply in the classroom and
in all other programs in the public schools.
The Superintendent or designee will formulate, interpret, and apply the
policy so as to protect free speech rights of staff, pupils and third parties.
In addition, if the Board
accepts federal funds, the Board shall be bound by Title IX of the Education
Amendments of 1972 prohibiting sexual harassment of pupils. Title IX applies to all public school
districts that receive federal funds and protects pupils in connection with all
the academic, educational, extra-curricular, athletic, and other programs of
the school district, whether they take place in the school facilities, on the
school bus, at a class or training program sponsored by the school in a school
building or at another location.
First
Second
Legal References: N.J.S.A. 10:5 Law
Against Discrimination
N.J.S.A. 18A:36-30 Discrimination; prohibition
N.J.S.A. 18A:38-5.1 No child to be excluded from school
because of race, etc.
N.J.A.C. 6:4-1.3 Policy Development
N.J.A.C. 6:8-4.2(a)9i,
9ii,
9999 Evaluation of elements and
standards (equal educational
opportunity and affirmative action)
N.J.A.C. 6A:16-10.1 et seq.
Title IX of
the Education Amendments of 1972, 20 U.S.C.A. 1681
Education of
the Handicapped Act, 20 U.S.C.A. 1401 et.
seq.
Meritor Savings Bank v. Vinson, 106 Sup.
Page 3 of 4
File Code:
5145.4
Sexual Harassment of Pupils (continued)
Hawkins-Stafford
Elementary and Secondary School Improvements
Amendments
of 1988 (P.L. 100-297)
Manual
for the Evaluation of Local School Districts (P.T.M. No. 700.7,
Revised
July 1988)
United States Department
of Education - Office of Civil Rights Sexual Harassment Guidance: Harassment
of Pupils by School Employees, Other Pupils, or Third Parties (1997)
Cross Reference: 2224 Affirmative
Action
4111.1 Affirmative Action
4118.111 Grievance procedure – Title IX
4211.1 Affirmative Action
4218.1 Affirmative Action
4218.111 Grievance procedure – Title IX
5134 Married/pregnant pupils
6121 Affirmative Action
6141 Curriculum design/development
6145 Extracurricular activities
6161.1 Guidelines for evaluation and
selection of
instructional
materials
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