HARASSMENT BY STUDENTS

 

Harassment of students, staff or visitors by other students will not be tolerated in the school district. 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.

 

Harassment prohibited by the school district includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status or disability. 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 superintendent shall also be responsible for organizing training programs for students and employees. The training shall include how to recognize harassment and what to do in case an individual is harassed.  The employee training will be documented in personnel files to ensure a record of training for each employee.

 

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

42 U.S.C. §§ 2000d‑2000d‑7 (1994).

42 U.S.C. §§ 12101 et. seq. (1994).

 

Cross References:                     404.06 Harassment

504      Student Rights and Responsibilities

505      Student Discipline

507            Student Records

 

 

Policy                                                                           COLUMBUS PUBLIC SCHOOLS

Adopted:   9/11/06                                                       Columbus, Nebraska