5145.51

Students

Sexual Harassment

Peer Sexual Harassment

Peer sexual harassment is strictly forbidden in all schools within this district, on school premises and during any school programs and activities. Peer sexual harassment is any unwelcome physical or verbal conduct of a sexual nature, such as touching or grabbing or making sexual comments directed at a person because of his or her sex, which interferes with the ability of a student to receive an education.

Students are expected to treat their fellow students with dignity and respect at all times on school property and in school programs and activities and to refrain from unwelcome physical or verbal conduct of a sexual nature.

Disciplinary action may result from violations of this policy. Violations of this policy shall be reported to teachers or administrators. Students are encouraged to report sexual harassment immediately. School personnel will take prompt and fair action to investigate any report promptly and to take the appropriate measures to stop the sexual harassment.

(cf. 5145.5 - Sexual Harassment)

Legal Reference:   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)

Davis v. Monroe County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999)

Policy adopted: