SUMMARY OF THE NEBO SCHOOL POLICY on Sexual Harassment The Nebo School District Board of Education adopted a policy on Sexual Harassment on October 13, 1993. This policy is found in File #GBEB in our District Policy. The Administrative Procedure is found in File #GBEB‑P and the report form is found in File #GBEB‑E. The following information is a summary of the material included in the three documents mentioned above. PURPOSE‑‑The purpose of the Nebo School District Sexual Harassment Policy and Procedure for Schools is to assure a learning/work environment that is free from sexual harassment, and is in compliance with the state and federal law. DEFINITION‑‑Sexual harassment is defined as: any verbal, written, or physical conduct of a sexual nature which creates an intimidating, hostile, or offensive environment any suggestion, request, demand, or pressure for sexual involvement, accompanied by an implied or explicit threat concerning one's grades, extra‑curricular standing, job, etc. any unwanted sexual advance or request Sexual harassment includes, but is not limited to the following: derogatory, demeaning, or offensive jokes, teasing, or comments of a sexual nature graphic remarks or sexual comments about an individual's body sexually suggestive or obscene telephone calls, letters, notes or invitations sexually suggestive or obscene pictures, cartoons, posters, or objects, grabbing, pinching, or touching of private areas deliberate cornering, shouldering or bumping in hallways sexual gestures, unwanted pats, or hugs, or any unwanted touching any form of sexual threat, intimidation, or exploitation, spreading of sexual rumors, actual or attempted sexual assault, molestation, or rape sexist remarks or gender‑based stereotyping "pantsing" male or female students, flipping up girls' dresses, etc. ADMINISTRATIVE PROCEDURE Nebo School District is committed to providing in each school a safe, orderly environment where students, staff, parents and all other people are treated with courtesy and respect. Any form of sexual harassment by staff or students, including any inappropriate verbal, written, or physical conduct as defined in our policy, is strictly prohibited. Violators of this policy will subject themselves to investigative and disciplinary procedures. WHAT TO DO IF YOU ARE SEXUALLY HARASSED 1. If you believe you are being sexually harassed, you should consider telling the person (s) that you do not like what is happening and you want it stopped. In many cases your clear statement that you want something stopped will be enough to take care of the situation. You are not required, however, to confront the person in this way. 2. You have the right and are encouraged to report the problem immediately to any teacher, counselor, administrator, supervisor or other staff member at your school. You should not feel embarrassed, intimidated, or reluctant to file a harassment report. You will not be subject to retaliation or "put on trial" for doing so. HOW TO REPORT SEXUAL HARASSMENT 1. Anyone (student, staff member, parent, volunteer, or anyone else) who is a victim of sexual harassment, or who has personal knowledge of sexual harassment taking place, is encouraged to report the problem immediately to any teacher, counselor, administrator, supervisor or other staff member at the school. It is the responsibility of all staff members who have received information, allegations, or even rumors about sexual harassment, to report the problem immediately to the principal or supervisor. Complaints must be filed on the District form GBEB‑E within 180 days of the sexual harassment incident. 2. If a preliminary investigation shows an allegation is other than trivial, the principal or his designee shall report the allegation of sexual harassment immediately to the parents of any students involved. Before conducting investigative interviews with students, principals shall give parents notice of their right to be present. Parents must be informed of the progress of any investigation. 3. Principals/supervisors shall report every allegation of sexual harassment involving employee/employee and employee/student immediately to the Nebo School District Director of Human Resources. Sexual harassment involving student/student should be handled at the school, unless there is a specific reason for referring the matter to the District Pupil Services Office, such as a violation of the District's Safe School Policy, or a need to consider expulsion or alternative placement of the student. 4. When the type of sexual harassment constitutes child abuse, the principal must follow the reporting requirements of District's child abuse policy and State child abuse laws. INVESTIGATION 1. Any principal/supervisor who receives information, allegations, or rumors about sexual harassment shall take immediate action to see that the case is properly investigated and resolved. The goal of each investigation shall be to determine the facts about what happened, and to achieve a prompt and equitable resolution of the problem. 2. In the process of investigation, all reports of sexual harassment must be documented in writing, including signed statements from those who submit harassment reports and from those who are interviewed in the investigation. Documentation should be thorough and factual, including detailed evidence and information about all alleged incidents (date, time, place, actions observed, quotes, witnesses, etc.) 3. Fairness and due process must be observed in conducting the investigation, to protect the rights and interests of both the alleged victim and the alleged harasser. (See Nebo District Corrective Handbook for details about due process and conducting investigations.) CORRECTIVE ACTION 1. Once the facts in a case have been determined, the principal/supervisor shall make a concentrated effort to resolve the case. Final resolution may include, but shall not be limited to: (A) appropriate corrective action or discipline against violators of the sexual harassment policy, (B) agreement among the parties which resolves the issues, or © determination that sexual harassment did not occur. 2. Substantiated charges of sexual harassment against a student shall subject the student to corrective action or discipline which is age appropriate and in compliance with District and school policies. 3. Substantiated charges of sexual harassment against an employee shall subject the employee to corrective action or discipline consistent with District employee policies, including the possibility of suspension or dismissal. 4. Students or employees who file frivolous, unfounded, or malicious sexual harassment reports shall subject themselves to corrective action or discipline consistent with school and District policy. CONFIDENTIALITY Sexual harassment reports shall be investigated and handled as discreetly as possible. The right to confidentiality(for the alleged victim, the alleged harasser, witnesses, and others) must be respected, consistent with fairness, due process, and the school's legal obligation to investigate and take action when warranted. All persons involved shall refrain from discussing the case with anyone, except those who have a legitimate need or right to know. REPRISALS Reprisals of any kind are strictly prohibited against any person who has filed a report of sexual harassment, testified as a witness, assisted, or participated in any manner in any investigation or proceeding conducted under this policy. Reporting of sexual harassment, or participation in a sexual harassment inquiry, must not reflect in any way upon the individual's status nor will it affect future grades, assignments, employment, etc. SEXUAL HARASSMENT REPORT FORM ‑See policy File # GBEB‑E |