5131

5131.3

Policy

Students

Elementary and Secondary

Conduct

HARASSMENT BY STUDENTS

The Ashland-Greenwood Public Schools shall maintain a learning environment that is free from language or actions directed toward a student or employee which is based on the student or employee's race, religion, national origin, age, disability, marital status, gender, or other personal attributes and which make the affected individual uncomfortable or embarrassed in a harmful way.

This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated transportation; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.

Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.

Sexual harassment means 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 a term or condition of a student's education or of an individual's participation in school programs or activities;

· submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or

· such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, offensive or hostile learning or work environment.

Sexual harassment as set out above, may include, but is not limited to the following:

· verbal or written harassment or abuse, or unwelcome communication implying sexual motives or intentions;

· pressure for sexual activity; repeated remarks to a person with sexual or demeaning implications;

· unwelcome touching;

· unwelcome and offensive public sexual display of affection;

· suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble individuals when:

· submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of an individual's participation in school programs or activities;

· submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or

· such conduct has the purpose or effect of unreasonably interfering with an individual's performance or

· creating an intimidating, offensive or hostile learning or work environment.

Harassment as set forth above may include, but is not limited to the following:

· verbal, physical or written harassment or abuse;

· repeated remarks of a demeaning nature;

· implied or explicit threats concerning one's grades, achievements, etc.; demeaning jokes, stories, or activities directed at an individual.

The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.

Retaliation against an individual because the individual has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. A student who is found to have retaliated against an individual in violation of this policy will be subject to discipline, up to and including, suspension and expulsion.

It shall also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy. These rules will be printed and distributed to students and parents in the student handbook. The Principals shall also be responsible for organizing training programs for students. The training shall include how to recognize harassment and what to do in case an individual is harassed.

Legal References:

20 U.S.C. §§ 1221-1234i (1994) 20 U.S.C. § 1681 et seq.

29 U.S.C. § 794 (1994)

42 U.S.C. § 1983

42U.S.C. §§ 2000d-2000d-7 (1994). 42 U.S.C. §§ 12101 et. seq. (1994).

Adopted: March 18, 2002

5131.3

Regulation

Students

Elementary and Secondary

Conduct

HARASSMENT BY STUDENTS

INVESTIGATION PROCEDURES

Harassment is a violation of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws. The school district shall report students violating this rule to law enforcement officials.

Students or individuals who feel that they have been harassed by other students should:

· Communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. If the individual needs assistance communicating with the harasser, he/she should ask a teacher, counselor or principal to help.

· If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, he/she should:

Ø tell a teacher, counselor or principal; and

Ø write down exactly what happened, keep a copy and give another copy to the teacher, counselor or principal including;

ü what, when and where it happened;

ü who was involved;

ü exactly what was said or what the harasser did;

ü witnesses to the harassment;

ü what the individual said or did, either at the time or later;

ü how the individual felt; and

ü how the harasser responded.

Complaint Procedure

An individual who believes he/she has been harassed shall notify Middle School/High School Principal, the designated investigator. Or he/she may notify the alternate investigator the Elementary Principal. The investigator may request that the individual complete a written complaint and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

Investigation Procedure

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment and report the findings to the appropriate building principal. The investigator will outline the findings of the investigation to the administrator in charge of discipline.

Resolution of the Complaint

Upon completion of the written investigation report, the principal may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline, up to and including, suspension and expulsion.

Prior to the determination of the appropriate remedial action, the principal may, at the principal's' discretion, interview the complainant and the alleged harasser. The principal shall file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The report may be incorporated into and may be a part of the investigation report. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

Points to Remember in the Investigation

· Evidence uncovered in the investigation is confidential.

· Complaints must be taken seriously and investigated

· No retaliation will be taken against individuals involved in the investigation process.

· Retaliators will be disciplined up to and including suspension and expulsion.

Conflicts

If the investigator is a witness to the incident, if he/she or his/her family member is being harassed, or if the investigator's family member is the alleged harasser, the alternate investigator shall be the investigator. If both investigators have a conflict, then the Superintendent at his/her discretion may designate an investigator.

Approved: March 18, 2002

WITNESS DISCLOSURE FORM

Name of witness: ________________________________________

Position of witness:_____________________________________

Date of testimony, interview: ___________________________

Description of instance witnessed: _____________________________________________

________________________________________________________________________________

Any other information: _________________________________________________________

________________________________________________________________________________

I agree that all of the information of this form is accurate and true to the best of my knowledge.

Signature: _______________________________________

Date: ______________________