|
Regulation |
File Code: 5145.4 |
SEXUAL HARASSMENT OF PUPILS COMPLAINT PROCEDURE
Sexual harassment of pupils is prohibited by the Board of
Education. The Superintendent and school
district staff will use the following methods to investigate and resolve
allegations of sexual harassment of pupils engaged in by school employees,
other pupils (peers), or third parties.
A. 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.
2. Hostile Environment
Sexual Harassment - Sexual 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.
B. Grievance Procedure
The following
Grievance Complaint Procedure shall be used for an allegation(s) of Harassment
of Pupils by School Employees, Other Pupils, or Third Parties:
1. Reporting of Sexual
Harassment Conduct
a. Any person with any information
regarding actual and/or potential sexual harassment of a pupil by any school employee,
other pupils, or third parties must report the information to the school
Building Principal, their immediate supervisor, the Affirmative Action Officer
and/or any other central office administrator.
All reports will be forwarded to the Building Principal and the
Affirmative Action Officer within one working day.
Page 1 of 6
File
Code: 5145.4
Sexual
Harassment of Pupils Complaint Procedure (continued)
(1) If the Building
Principal deems it appropriate, he/she may immediately notify the parents(s) or legal
guardian(s) of the alleged harasser(s) and alleged victim(s)
upon receipt of any information prior to notifying the Affirmative Action
Officer.
(2) The Building Principal
will not disclose the name(s) of the alleged harasser(s) or alleged victim(s)
to the other party.
(3) In
the event the Building Principal or the Affirmative Action Officer is the
alleged harasser, the report may be made to the Superintendent of Schools, who
will coordinate the investigation procedures to be completed by other
appropriately trained staff.
b. The school district can
learn of sexual harassment through other means such as from a witness to an
incident, an anonymous letter or telephone call.
c. Upon receipt of an allegation
and/or report, the Affirmative Action Officer shall immediately notify the
parent(s) or legal guardian(s) of
any alleged harasser(s) and victim(s) for whom a report has been filed even if
the Building Principal has previously notified the parent(s) or legal guardian(s).
d. The Affirmative Action
Officer shall notify the parent(s) or legal
guardian(s) of all involved pupils and any other involved individuals of the
process to be followed in investigating a report or complaint.
e. The Affirmative Action Officer will
also inform the Assistant Superintendent for Business/Board Secretary, who will
notify SAIF upon receipt of such report from the Affirmative Action Officer.
f. In the event the report alleges
conduct by the Building Principal or the Affirmative Action Officer, the
Superintendent will designate a school official to assume the Building
Principal’s or Affirmative Action Officer’s responsibilities.
g. Nothing in the Policy
and Regulation on Pupil Sexual Harassment shall preclude the Building
Principal, or designee, from complying with the district’s discipline code in
order to maintain the health, safety and welfare of staff and/or pupils.
Page 2 of 6
File
Code: 5145.4
Sexual
Harassment of Pupils Complaint Procedure (continued)
2. Affirmative Action
Officer’s Investigation
a. Upon receipt of any
report of potential sexual harassment conduct, the Affirmative Action Officer
will begin an immediate investigation. The Affirmative Action Officer will
promptly investigate all alleged complaints of sexual harassment, whether or
not a formal grievance is filed and steps will be taken to resolve the
situation, if needed. This investigation
will be prompt, thorough, and impartial.
The investigation will be completed no more than ten working days after
receiving notice.
b. When a pupil or the
parent(s) or legal guardian(s) of a pupil provides information or complains
about sexual harassment of the pupil, the Affirmative Action Officer will initially
discuss what actions the pupil or parent(s) or legal guardian(s) is seeking in
response to the harassment.
c. The Affirmative Action
Officer’s investigation may include, but is not limited to, interviews with all
persons with potential knowledge of the alleged conduct, interviews with any
pupils who may have been sexually harassed by any school employee, other
pupils, or third parties and any other reasonable methods to determine if
sexual harassment conduct existed.
d. The Affirmative Action
Officer will request, if relevant to an investigation, the parent(s) or legal guardian(s) of any pupil involved
in the investigation to assist in the investigation to determine if sexual
harassment conduct exists(ed).
e. The Affirmative Action Officer will inform
all persons who are interviewed and to any other person of this Board Policy
and Regulation and will provide a copy of the Policy and Regulation to the
person if requested.
f. The Affirmative Action
Officer will explain the avenues for formal and informal action, including a
description of the grievance procedure that is available for sexual harassment
complaints and an explanation on how the procedure works.
g. Any person interviewed
by the Affirmative Action Officer may be provided an opportunity to present
witnesses and other evidence.
Page 3 of 6
File
Code: 5145.4
Sexual
Harassment of Pupils Complaint Procedure (continued)
h. The Affirmative Action Office,
Superintendent or any staff member, compensated or uncompensated, will contact
law enforcement agencies if there is potential or actual criminal conduct by
any party and/or as required to report to law enforcement in accordance with N.J.A.C.
6A:16-6.3 et seq. Any
school staff member, that has 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 is 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.
i. The
school district administrators may take interim measures during an Affirmative
Action Officer’s investigation of a complaint in order to alleviate any
conditions which prohibit the pupil from assisting in the investigation.
3. Investigation Results
a. Upon the conclusion of the
investigation, but not later than ten working days after reported, the
Affirmative Action Officer will prepare a summary of findings to the
parties. At the least, this shall
include the person(s) providing notice to the school district and the pupil(s)
who were alleged to be sexually harassed.
b. The Affirmative Action
Officer shall make a determination whether sexual harassment conduct was
present.
c. If the Affirmative
Action Officer concludes sexual harassment conduct was not, or is not present,
the investigation is concluded.
d. If the Affirmative
Action Officer determines that sexual harassment has occurred, the school
district administrators and staff shall take reasonable, age-appropriate, and
effective corrective action, including steps tailored to the specific
situation. Appropriate steps will be
taken to end the harassment such as counseling, warning, and/or disciplinary
action, as specified in pupil and/or staff discipline policies and
regulations. The steps will be based on
the severity of the harassment or any record of prior incidents or both. A series of escalating consequences may be
necessary if the initial steps are ineffective in stopping the harassment.
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File
Code: 5145.4
Sexual
Harassment of Pupils Complaint Procedure (continued)
e. In the event the
Affirmative Action Officer determines a hostile environment exists, the school
district administrators and staff shall take steps to eliminate the hostile
environment. The school district
administrators may need to deliver special training or other interventions to
repair the educational environment.
Other measures may include directing the harasser to apologize to the
harassed pupil, dissemination of information, distribution of new policy
statements or other steps to communicate the message that the Board does not
tolerate harassment and will be responsive to any pupil that reports such
conduct.
f. In some situations, the school district administrators may need to provide other services to the pupil that was harassed if necessary to address the effects of the harassment on that pupil. Depending on the type of harassment found, these additional services may include an independent re-assessment of the harassed pupil’s work, re-taking a course with a different instructor, tutoring and/or other measures that are appropriate to the situation.
g. The school district
administrators 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
Affirmative Action Officer will inform the sexually harassed pupil and his/her
parent how to report any subsequent problems and make follow-up inquiries to
see if there have been any new incidents or retaliation.
h. All sexual harassment grievances
and accompanied investigation notes will be maintained in a confidential file
by the Affirmative Action Officer.
i. The
investigation procedures described in this Regulation were developed to provide
direction and guidance in an investigation procedure. This regulation may be revised by the School
officials depending on the circumstances and nature of the complaint and to
ensure a fair, impartial and thorough investigation.
4. Affirmative Action
Officer’s Investigation Appeal Process
a. Any person found by the Affirmative Action Officer’s investigation to be guilty of sexual harassment conduct, or any pupil who believes they were sexually harassed but not supported by the Affirmative Action Officer’s investigation, may appeal to the Superintendent. The Superintendent will make his/her determination within ten working days of receiving the appeal.
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Code: 5145.4
Sexual
Harassment of Pupils Complaint Procedure (continued)
b. Any person
who is not satisfied with the Superintendent’s determination may appeal to the
Board. The Board will make its
determination within forty-five calendar days of receiving an appeal from the
Superintendent’s determination.
C. Office of Civil Rights (OCR) Case
Resolution
Parents or pupils
not satisfied with the resolution of an allegation of sexual harassment by
school district officials or the Board may request the Office of Civil Rights
(OCR) of the United States Department of Education to investigate the
allegations.
1. Any alleged victim of
sexual harassment may appeal a decision of the Affirmative Action Officer,
Superintendent, or the Board to the Office of Civil Rights (OCR).
2. Any person may report an
allegation of sexual harassment to the OCR at any time. If the OCR is asked to investigate or
otherwise resolve incidents of sexual harassment of pupils, including incidents
caused by employees, other pupils, or third parties, OCR will consider whether:
a. The school district has
a policy prohibiting sex discrimination under Title IX and an effective Title
IX grievance procedure;
b. The school district
appropriately investigated or otherwise responded to allegations of sexual
harassment; and
c. The school district has
taken immediate and appropriate corrective action responsive to Quid Pro Quo or
Hostile Environment Harassment.
3. If the school district
officials have taken the steps described in 2. above,
the OCR will consider the case against the school district resolved and take no
further action other than monitoring compliance with any agreement between the
school district and the OCR. This shall
apply in cases in which the school district was in violation of Title IX, as
well as those in which there has been no violation of Title IX.
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