Sexual Harassment: Students

I. Definitions and Harassment:

  1. Types of Harassment: Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature when made by an employee to a student, or when made by any student to another student when:
    1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education
    2. Submission to or rejected of such conduct by an individual is used as a basis for academic decisions affecting that individual
    3. Such conduct has the purpose or effect of substantially interfering with an individual's academic performance or creating an intimidating. hostile, or offensive or educational environment
    4. Denial of an educational opportunity because another student submits to unwelcome requests for sexual favors made by a teacher which results favorably for that particular student and; such conduct is engaged in by employees or students over which the School Corporation has some degree of control of their behavior.
  2. Unwelcome Conduct of a Sexual Nature:
    1. Conduct of a sexual nature may include verbal or physical sexual advances and/or comments regarding physical or personality characteristics of a sexual nature.
    2. Verbal or physical conduct of a sexual nature constitutes sexual harassment when the allegedly harassed student has indicated, by his or her conduct or verbal objection, that is unwelcome.
    3. A Student who has initially welcomed such conduct by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct be deemed unwelcome.
  3. Examples of Sexual Harassment: Sexual harassment, as set forth in in Section 1(A) may include but is not limited to the following:
    1. Verbal harassment or abuse.
    2. Repeated remarks to a person with sexual or demeaning implications.
    3. Unwelcome touching.
    4. Pressure for sexual activity.
    5. Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, or other educational opportunities.
  4. Specific Prohibitions:
    1. School Employees
    2. In addition to the prohibitions above, it is sexual harassment for a school employee to use his or her authority or position to solicit sexual favors or attention from a student.
    3. Administrators and supervisors who either engage in sexual harassment or tolerate such conduct by other employees shall be subject to disciplinary action, as described below.

II. Complaint/Investigation Procedure:

    1. Any student who is experiencing sexual harassment by any employee or student in the School Corporation may use the complaint procedure explained below or may complain directly to his or her teacher, counselor, building principal or assistant, or the Title IX complaint designee of the School Corporation. Filing of a complaint or otherwise reporting sexual harassment will not reflect upon the individual's status nor will it affect the student's future, grades, or educational opportunities.
    2. Each allegation of sexual harassment will be investigated. Investigations will be designed to protect the privacy of the parties concerned to the extent possible, and findings will be discussed with the student and the student's parents. If, after the investigation, the School Corporation finds that an employee has violated the Corporation's sexual harassment policy, it will take appropriate disciplinary action up to and including termination.
  1. Reporting Sexual Harassment: All allegations and/or reports of sexual harassment shall be handled in the following manner:
    1. Complaint: Report the offensive behavior to your teacher, counselor, building principal, or assistant principal, or the Title IX complaint designee of the School Corporation, either verbally or in writing.
    2. Building Principal/Title IX Coordinator:
      1. Every effort shall be made to protect the complainant from further harassment while the report is being investigated. Depending on the nature of the allegations, actions such as change of classroom, or suspension of the employees may be appropriate.
      2. The report of the offensive behavior should be communicated to the alleged offender. If the complaint involves alleged sexual harassment by an employee of the School Corporation OR if the situation is not settled between the complainant and the alleged student offender, then a formal investigation should be initiated.
      3. A formal investigation will include:
        1. interview of complaint
        2. interview of offender
        3. interview of peers of alleged offender and complaint, if appropriate
        4. interview of other witnesses
      4. If the investigation shows sexual harassment or the possibility thereof, then it will be turned over to the Executive Director of Curriculum & Instruction within 21 working days from the initiation of the investigation.
      5. If the investigation shows no sexual harassment, then so advise the complainant and provide counsel regarding further interactions between complainant and alleged offender.
    3. Executive Director of Support Services: The Executive Director of Curriculum & Instruction will renew the investigation will review the investigation file; gather any additional data within 14 working days of receipt of the investigation; and respond promptly based on the facts and available "sanctions".

III. Sanctions for Misconduct:

  1. A substantiated charge against an employee in the School Corporation shall subject such employee to the disciplinary action including but not limited to reassignment, suspension, or discharge.
  2. A substantiated charge against a student in the School Corporation shall subject that student to disciplinary action including suspension and/or expulsion consistent with the Student Conduct Code.

IV. False Reporting:

  1. Any person who knowingly files false charges against an employee or a student in an attempt to demean, harass, abuse, or embarrass that individual shall be sub just to disciplinary action consistent with school policy and the Student Conduct Code.

V. Notification of this Policy:<

  1. Notice of the policy will be circulated to all schools and department of the South Bend Community School Corporation and incorporated in each employee and student handbook.
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