FILE:  JCEA

Cf:  GAEAA, JGCE

 

SEXUAL HARASSMENT INVOLVING STUDENTS

 

 

The Plaquemines Parish School Board disapproves of and does not tolerate sexual harassment by employees to students, by students to employees, or by one student to another student.  No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.  Sexual harassment does not refer to occasional compliments of a socially acceptable nature.  It refers to behavior that is not welcome, that is personally offensive, and therefore interferes with the purposes of the employee and/or student in the academic, extracurricular, and co-curricular atmosphere

 

DEFINITIONS

 

Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature when made by a member of the school staff to a student or when made by any student to another student constitute sexual harassment when:

 

  1. submission to such conduct is made either explicitly or implicitly, a term or condition of an individuals education;

  2. submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or

  3. such conduct has the purpose or effect of substantially interfering with an individuals academic or professional performance or creating an intimidating, hostile or offensive academic environment.

 

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

 

  1. verbal harassment or abuse;

  2. pressure for sexual activity;

  3. repeated remarks to a person, with sexual or demeaning implications;

  4. unwelcome touching;

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

 

PROCEDURES

 

Any person who alleges sexual harassment by any staff member or student in the school may complain directly to the building principal, assistant principal, or guidance counselor.  Filing of a complaint or otherwise reporting sexual harassment will not reflect upon the individual's status nor will it affect future employment, grades or school activities.

 

The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the districts legal obligations and with the necessity to investigate allegations of misconduct and take corrective action when this conduct has occurred.

 

A substantiated charge against a staff member in the district shall subject such staff member to disciplinary action, including discharge.

 

A substantiated charge against a student in the district shall subject that student to disciplinary action including suspension or expulsion.

 

SUSPECTED CHILD ABUSE

 

If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in Board's policy JGCE, Child Abuse and Neglect, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and Board policy.  Such reporting must be made in addition to any procedures for handling sexual harassment complaints.

 

NONRETALIATION

 

Retaliation against any employee or student who brings sexual harassment charges or who assists in investigating such charges shall be prohibited.  Any employee or student bringing a sexual harassment complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.

 

Revised:  December, 2001

Revised:  April, 2010

Adopted:  November 1, 2010

 

 

Ref:    20 USC 1681 et seq. (Title IX of the Education Amendments of 1972)

29 CFR 1604.11 (Sexual Harrassment)

La. Rev. Stat. Ann. ยงยง14:41, 14:42, 14:42.1, 14:43, 17:81

Board minutes, 3-4-91, 12-3-01

 

Plaquemines Parish School Board