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5065 Sexual Harassment

Sexual harassment is a form of sex discrimination that violates the law. The Board of Education believes that each student and employee should be able to attend school and work in an environment which provides for fair and equitable treatment and is free of discriminatory intimidation based on sex and unwelcome sexual advances.

A.      Definition:

Sexual Harassment - Any unwelcome sexual advances, requests for sexual favors, or verbal, physical or other sexually offensive conduct made by anyone on district property or during any district-sponsored event when:

1.       Submission to the conduct is either explicitly or implicitly a term or condition of an individual’s education or employment;

2.       Submission to or the rejection of such conduct by an individual is used as a basis for educational or employment decisions affecting that individual; and/or

3.       Such conduct has the purpose or effect of unreasonably interfering with an individual’s educational or work performance or creating an intimidating, hostile or offensive educational or work environment.

Examples of acts of sexual harassment which shall not be tolerated include, but are not limited to:

1.       Written: Sexually suggestive or obscene letters, notes, invitations, graffiti, including social media.

2.       Verbal: Sexually derogatory comments, epithets, slurs, degrading jokes, “teasing,” “kidding,” double meanings, demeaning comments about a person of a particular sex, solicitation of sexual favors or attention.

3.       Physical: Unwelcome touching of an individual, such as pinching, hugging, patting, repeated brushing against an individual’s body, pulling at clothing, blocking one’s passage.

4.       Visual: Sexually oriented gestures, displaying sexually suggestive or derogatory objects, pictures, magazines, cartoons, or posters.

5.       Any other action which emphasizes the vulnerability of the victim specifically because of gender, gender expression or identity, sex, or sexual orientation.

B.      Prohibition:

Sexual harassment will not be permitted or tolerated. This policy is applicable to all students, employees, non- employees, and volunteers on district property or serving as trip sponsors.

C.      Action to be taken:

Students who sexually harass shall be subject to any and all disciplinary action that may be imposed by the district’s policy regarding student behavior (Board Policy #5050).

If a member of the public is in violation of this policy, the response may include barring the person(s) from district property, termination of business relationships with individual(s) and/or prosecution of the person(s).

D.      Procedures:

1.       A student who feels comfortable doing so should directly inform the harasser that such conduct is unwelcome and must stop.

2.       A student or parent of the student may bring a complaint to the principal of the student’s school or a coordinator designated in Board Policy #5000. A student or the parent of the student may also bring a complaint to the assistant principal, counselor, nurse or a teacher. The coordinator, assistant principal or other staff member shall immediately notify the principal of the complaint.

3.       The principal will be responsible for notifying the Executive Director of Human Resources of the complaint if the complaint involves an employee.

4.       If the complaint involves an employee, the Executive Director of Human Resources and principal shall immediately investigate the complaint and shall, at the end of the investigation, recommend disciplinary action against the harasser if the complaint is substantiated. Both parties shall be notified of the results of the investigation.

5.       If the complaint does not involve an employee, the principal shall immediately investigate the complaint and, at the end of the investigation, recommend disciplinary action to be taken against the harasser if the complaint is substantiated. Both parties shall be notified of the results of the investigation.

6.       Any formal grievance investigated under this policy shall be handled pursuant to Board Policy #5047.

E.       Retaliation:

Retaliation shall not be permitted against an individual who complains of sexual harassment, anyone who testifies on behalf of the complainant, or anyone who assists or participates in an investigation or proceeding conducted under this policy.


Adopted 6/10/96

Revised 12/13/99

Revised 1/8/01

Revised 12/13/04

Revised 12/10/07

Revised 12/14/15

Revised 12/11/17

Revised 12/9/19