JBA/GBN - Sexual Harassment
The Board is committed to the elimination of sexual harassment in district schools and activities. Sexual harassment is strictly prohibited and shall not be tolerated. This includes sexual harassment of students, third parties or staff members on or immediately adjacent to district property, at any district-sponsored activity, on any district-provided transportation or at any official district bus stop by other students, staff members, Board members or third parties.
“Third parties” include, but are not limited to, school volunteers, parents, school visitors, service contractors, vendors or others engaged in district business, such as employees of businesses or organizations participating in cooperative work programs with the district and others not directly subject to district control at interdistrict and intradistrict athletic competitions or other school events. “District” includes district facilities, district premises and nondistrict property if the student or staff member is at any district-sponsored, district-approved or district-related activity or function, such as field trips or athletic events where students are under the jurisdiction of the district or where the staff member is engaged in district business.
This policy is in effect while on district-owned and/or district-operated buses, vehicles or chartered buses while attending or engaged in district activities. This prohibition also includes off duty conduct of staff which is incompatible with district job responsibilities.
Sexual harassment of students, staff members or third parties shall include, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature when:
- The conduct or communication has the purpose or effect of demanding sexual favors in exchange for benefits;
- Submission to or rejection of the conduct or communication is used as the basis for educational decisions affecting a student or employment or assignment of staff members;
- The conduct or communication is so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with a student’s educational performance, a district staff member’s contractor or third party’s ability to perform his/her job responsibilities; or creates an intimidating, offensive or hostile environment. Relevant factors to be considered will include, but not be limited to, did the individual view the environment as hostile; was it reasonable to view the environment as hostile; the nature of the conduct; how often the conduct occurred and how long it continued; age and sex of the complainant; whether the alleged harasser was in a position of power over the student or staff member subjected to the harassment; number of individuals involved; age of the alleged harasser; where the harassment occurred; and other incidents of sexual harassment at the school involving the same or other students, staff members, or third parties.
Examples of sexual harassment may include, but not be limited to, physical touching or graffiti of a sexual nature, displaying or distributing of sexually explicit drawings, pictures and written materials, sexual gestures or obscene jokes, touching oneself sexually or talking about one’s sexuality in front of others or spreading rumors about or rating other students or making accusations regarding sexual orientation as to appearance, sexual activity or performance.
All complaints about behavior that may violate this policy shall be promptly investigated. Any students, staff members or third parties who have knowledge of conduct in violation of this policy or feels they are a victim of sexual harassment must immediately report their concerns to the building principal, compliance officer or superintendent, who has overall responsibility for all investigations. Students may also report concerns to a teacher, counselor or school nurse, who will promptly notify the appropriate district official.
Upon receipt of a complaint by a student, student’s parents, staff member or a third-party alleging behavior that may violate this policy, the district shall provide written notice as required by Oregon Revised Statute (ORS) 342.704(4) to the complainant.
The student and/or the student’s parents, staff member or third party who initiated the complaint shall be notified that the investigation has been concluded and as to whether a violation of this policy was found to have occurred to the extent allowable under state and federal confidentiality laws.
The initiation of a complaint in good faith about behavior that may violate this policy may not adversely affect the educational assignments or educational environment of a student complainant or any terms or conditions of employment or work environment of the staff member complainant or any terms or conditions of employment or of the work or educational environment of a third-party complainant. There shall not be retaliation by the district against any person who, in good faith, reports, files a complaint or otherwise participated in an investigation or inquiry of sexual harassment.
It is the intent of the Board that appropriate corrective action will be taken by the district to stop the sexual harassment, prevent its recurrence and address negative consequences. Students in violation of this policy shall be subject to discipline up to and including expulsion and/or counseling or sexual harassment awareness training, as appropriate. The age and maturity of the student(s) involved and other relevant factors will be considered in determining appropriate action. Staff members in violation of this policy shall be subject to discipline, up to and including dismissal and/or additional sexual harassment awareness training, as appropriate. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the superintendent/designee or the Board.
Additionally, the district may report individuals in violation of this policy to law enforcement officials. Licensed staff, staff registered with the Teacher Standards and Practices Commission (TSPC) and those participating in practicum programs, as specified by Oregon Administrative Rules, shall be reported to TSPC.
The superintendent shall ensure appropriate periodic sexual harassment awareness training or information is provided to all supervisors, staff members and students and that annually, the name and position of district officials responsible for accepting and managing sexual harassment complaints, business phone numbers, addresses or other necessary contact information is readily available. This policy as well as the complaint procedure will be made available upon request to all students, parents of students, staff members and third parties, posted on the district’s website, and published in the student/parent and staff handbooks. The district’s policy shall be posted on a sign in all grades 6 through 12 schools. Posted signs shall be at least 8 1/2 inches by 11 inches in size.
The superintendent will establish a process of reporting incidents of sexual harassment.
END OF POLICY
HB 4150 (2018)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2012).
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (2012).
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 (2012); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2014).
Bartsch v. Elkton School District, FDA-13-011 (March 27, 2014).
GBNA - Hazing/Harassment/Intimidation/Bullying/Menacing/Cyberbullying – Staff
GBN/JBA - Sexual Harassment
JFCF - Harassment, Intimidation, Menacing, Bullying, Cyberbullying, Teen Dating Violence and Domestic Violence – Student
Revised: 8/27/19 Adopted: 6/6/06
Complaints regarding sexual harassment on any basis protected by law, shall be processed in accordance with the procedures found in KL-AR.
Site administrators, the Chief HR Officer, and the superintendent have responsibility for investigations concerning sexual harassment. The investigator(s) shall be a neutral party having had no involvement in the complaint presented.
Direct complaints related to employment may be filed with the U.S. Department of Labor, Equal Employment Opportunity Commission or Oregon Bureau of Labor and Industries. Direct complaints related to educational programs and services may be made to the Regional Civil Rights Director, U.S. Department of Education, Office for Civil Rights, Region X, 915 2nd Ave., Room 3310, Seattle, Washington 98174-1099. Additional information regarding filing of a complaint may be obtained through the site administrator, Chief HR Officer, superintendent or designee.
All documentation related to sexual harassment complaints may become part of the student’s education record or employee’s personnel file, as appropriate. Additionally, a copy of all sexual harassment complaints and documentation will be maintained as a confidential file and stored in the district office.
The superintendent or designee shall report the name of any person holding a teaching license or registered with Teacher Standards and Practices Commission (T.S.P.C.) or participating in a practicum under OAR Chapter 584, Division 17, when, after appropriate investigation, there is reasonable cause to believe the person may have committed an act of sexual harassment. Reports shall be made to TSPC within 30 days of such a finding. Reports of child abuse with a student shall be given to a representative from law enforcement or Oregon Department of Human Services, Community Human Services. In the event the superintendent is the subject of the investigation, reports, when required, shall be made by the Board chair.