FILE: JCED
Cf: GAEAA
SEXUAL HARASSMENT OF STUDENTS
The Cameron Parish School Board recognizes that harassment on the basis of sex is a violation of state and federal law. The Board, therefore, will not tolerate any sexual harassment within the workplace on the part of any employee towards a student, by students to employees or a student towards a student. Conduct in violation of this prohibition shall result in disciplinary measures, up to and including dismissal or expulsion.
Harassment on the basis of sex is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly as a term or condition of an individuals educational opportunity.
Submission to or rejection of such conduct by an individual is used as a basis for educational decisions affecting the individual.
Such conduct has the purpose or effect of unreasonably interfering with an individual's education or creating an intimidating, hostile, or offensive educational environment.
Incidents of sexual harassment may include verbal harassment such as derogatory comments, jokes, or slurs, or remarks or questions of a sexual nature; physical harassment such as unnecessary or offensive touching; and visual harassment such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks, or gestures. Harassment does not only depend upon the perpetrator's intention, but also upon how the person who is the target perceives the behavior or is affected by it.
Students experiencing incidents of sexual harassment from others should make it clear that such behavior is offensive to them.
It is recognized that instances occur within the school system involving individuals and personalities and these matters are best handled informally. If a student has concerns or a complaint about the nature of any conduct or physical contact by another student or a school employee, the student should contact the school principal. Should the claim of sexual harassment be brought against the principal of the school, the complaint should be brought directly to the Superintendent of Schools. The principal or Superintendent will investigate the complaint and attempt to remedy it within five (5) working days of the date of the receipt of the complaint.
If, upon the lapse of five (5) working days from the date of the receipt of the complaint, no resolution occurs to the satisfaction of the student, the student shall then have ten (10) working days from that date within which to file a formal written complaint with the Superintendent. The Superintendent or designee shall investigate the complaint and attempt to remedy it to the mutual satisfaction of all parties involved within ten (10) working days of the date of receipt of the complaint. The investigating office shall indicate its disposition of the complaint in writing and shall furnish copies to all concerned parties. In the event the student is not satisfied with the disposition of the complaint after appeal to the Superintendent, or if no disposition has been made within the time period outlined above, the student may, within five (5) working days, appeal to the Cameron Parish School Board. The appeal shall be in writing and shall request that the Superintendent place the concern on the agenda of the next regularly scheduled Board meeting. Such written request must include copies of all decisions previously rendered in connection with the complaint.
Administrators and supervisors who become aware of any allegation of possible harassment shall report such allegations to the Superintendent or designee. All reports received shall be properly and adequately investigated. Appropriate disciplinary action shall be taken when violations of this policy have been determined.
NONRETALIATION
The Board shall prohibit retaliation against an employee or student for a complaint made or for participating in an investigation of alleged harassment. Retaliation would include fighting, remarks, vandalism or any breach of conduct that would have a strong suspicion of having a retaliation purpose. Students found guilty of retaliation after a hearing shall be subject to suspension and/or expulsion. Any investigation of sexual harassment of student on student that results in a long term suspension of more than ten (10) days or an expulsion, shall have all the procedural rights accorded to the parent/or guardian of the student as provided by law, including review by the Superintendent and a review by the School Board.
Nothing contained in this policy and/or procedure shall restrict or diminish the authority of the Superintendent to suspend any employee in accordance with the policies of the Cameron Parish School Board, state law, and applicable statues.
CONFIDENTIALITY
A report of sexual harassment or intimidation and the investigation are to be kept in strictest confidence, where practical, for the protection of all parties involved. The School Board's obligation to investigate and take corrective action may supersede an individual’s right to privacy.
Ref: 20 USC 1681 et seq. (Title IX of the Education Amendments of 1972)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex - Sexual Harassment)
La. Rev. Stat. Ann. §17:81
Board minutes, 9-21-98
Cameron Parish School Board