5145.5

Students

Exploitation/Sexual Harassment

General. Any form of sexual harassment is forbidden by students, regular and contracted district employees, and school volunteers. Students shall exhibit conduct which is respectful and courteous to employees, to fellow students, and to the public.

Definition. Sexual harassment is any unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to:

A. insulting or degrading sexual remarks or conduct;

B. threats or suggestions that a student's submission to, or rejection of, unwelcome conduct will in any way influence a decision regarding that student;

C. conduct of a sexual nature which substantially interferes with the student's learning or creates an intimidating, hostile, or offensive learning environment — such as the display in the educational setting of sexually suggestive objects or pictures.

Complaints Procedures. The Board of Education encourages victims of sexual harassment to report such claims promptly to the Principal, the Superintendent of Schools, or the Title IX Coordinator/s. Complaints shall be investigated promptly and corrective action taken when allegations are verified. Confidentiality shall be maintained, and no reprisals or retaliation shall occur as a result of good faith charges of sexual harassment.

The district shall provide staff development for district administrators and other staff and annually shall distribute this policy to staff and students.

Legal References: Civil Rights Act of 1964, Title VII, 42 U.S.C.2000-e2(a).

Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 CFR Section 106.

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26, 1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26, 1998)

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26, 1998)

Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

Constitution of the State of Connecticut, Article I, Section 20.

Policy adopted: 2/9/09

Students

Exploitation/Sexual Harassment. Sexual harassment is prohibited in the school system. Sexual harassment may consist of, but is not limited to,:

A. Submission to, or rejection of, conduct as the basis of academic decisions affecting the individual.

B. Sexual conduct having a negative purpose or affect upon an individual's academic performance, or of creating an intimidating, hostile, or offensive educational environment.

C. Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, impeding or blocking movement, leering, gestures, display of sexually suggestive objects, pictures, or cartoons.

D. Continuing to express sexual interest after being informed that the interest is unwelcome.

E. Coercive sexual behavior used to control, influence, or affect the educational opportunities, grades, and/or learning environment of student, including promises or threats regarding grades, course admission, performance evaluations, or recommendations; enhancement or limitation of student benefits, or services (e.g. scholarships, financial aid, work study job).

F. Inappropriate attention of a sexual nature from peer(s), i.e. student to student, employee to employee.

Complaint Procedure

A. If a student believes that he/she is being or has been harassed, he/she should immediately inform the harasser that his/her behavior is unwelcome, offensive, in poor taste, unprofessional, or highly inappropriate.

B. As soon as a student believes that he or she has been subjected to sexual harassment, he or she should make a written complaint to the Principal, the Superintendent of Schools, or the Title IX Coordinator/s. The student will be provided a copy of this policy and regulation and made aware of his or her rights.

C. The complaint should state the:

1. Name of complainant;

2. Date of complaint;

3. Date of alleged harassment;

4. Name or names of alleged harasser or harassers;

5. Location where such alleged harassment occurred;

6. Detailed statement of the circumstances constituting the alleged harassment.

D. Any student who makes an oral complaint of harassment to any of the above mentioned personnel will be provided a copy of this regulation and requested to make a written complaint as outlined above.

E. All complaints are to be forwarded immediately to the Principal with a copy to the Superintendent of Schools — unless the principal is the subject of the complaint, in which case the complaint should be forwarded to the Superintendent of Schools.

F. If possible, within five (5) working days of receipt of the complaint, the staff member assigned by the Superintendent to investigate the complaint shall commence an effective, thorough, objective, and complete investigation. The investigator shall consult with individuals believed to have relevant information, including the student and the alleged harasser, any witnesses to the conduct, and victims of similar conduct that the investigator reasonably believes may exist. The investigation shall be free of stereotypical assumptions about either party and shall be conducted discretely, maintaining confidentiality while still conducting an effective and thorough investigation. Throughout the investigative process, the due process rights of the alleged harasser will be protected.

G. The investigator shall make a written report to the Superintendent of Schools summarizing the results of the investigation and the proposed disposition of the complaint with copies or the written report to the complainant, the alleged harasser, and, as appropriate, to others directly concerned.

H. If the student complainant is dissatisfied with results of an investigation, he or she may file a written appeal to the Superintendent who shall review the investigator's written report, information collected by the investigator and the recommended disposition of the complaint to determine whether the alleged conduct constitutes harassment.

I. The Superintendent may, if as necessary, also conduct a follow-up investigation, including interviewing the complainant, the alleged harasser, and witnesses with relevant information. After completing this review, the Superintendent shall respond in writing as soon as to the complainant.

If after a thorough investigation, there is reasonable cause to believe that sexual harassment has occurred, the district shall take reasonable actions to ensure the harassment ceases and will not recur. Actions taken in response to findings of harassment may include reassignment, transfer, disciplinary action, or warnings that appropriate action shall be taken if further acts of harassment or retaliation occur.

Copies of this regulation will be distributed to all elementary, middle and high school students.