Policy Glen
Ridge Board of Education
M
5751 SEXUAL HARASSMENT
The Board
of Education will not tolerate sexual harassment of pupils by school employees,
other pupils, or third parties. Sexual
harassment of pupils is a form of prohibited sex discrimination. School district staff will investigate and
resolve allegations of sexual harassment of pupils engaged in by school
employees, other pupils (peers), or third parties.
The Board
shall establish a grievance procedure through which school district staff
and/or pupils can report alleged sexual discrimination, including sexual
harassment which may include quid pro quo harassment and hostile environment.
Definitions:
1. Quid
pro quo harassment occurs when a school employee explicitly or implicitly
conditions a pupil’s participation in an educational program or activity or
bases an educational decision on the pupil’s submission to unwelcomed
sexual advances, requests for sexual favors, or other favors, or other verbal,
nonverbal, or physical conduct of a sexual nature. Quid Pro Quo Harassment is
equally unlawful whether the pupil resists and suffers the threatened harm or
submits and thus avoids the threatened harm.
2. Hostile
environment sexual harassment is sexually harassing conduct (which can include unwelcomed sexual advances, requests for sexual favors, or
other favors, or other verbal, nonverbal, or physical conduct of a sexual
nature) by an employee, by another pupil, or by a third party that is
sufficiently severe, persistent, or pervasive to limit a pupil’s ability to
participate in or benefit from an educational program or activity, or to create
a hostile or abusive educational environment.
This
Policy protects any “person” from sex discrimination; accordingly both male and
female pupils are protected from sexual harassment engaged in by school
district employees, other pupils, or third parties. Sexual harassment, regardless of the gender
of the harasser, even if the harasser and the pupil being harassed are members
of the same gender is prohibited.
Harassing conduct of a sexual nature directed toward any pupil,
regardless of the pupil’s sexual orientation, may create a sexually hostile
environment and therefore constitute sexual harassment. Nonsexual touching or other nonsexual conduct
does not constitute sexual harassment.
The
regulation and grievance procedure shall provide a mechanism for discovering
sexual harassment as early as possible and for effectively correcting problems.
The
Superintendent, or designee, will take steps to avoid any further sexual
harassment and to prevent any retaliation against the pupil
who made the complaint, was the subject of the harassment, or against those who
provided the information or were witnesses.
The school district staff can learn of sexual harassment through notice
and any other means such as from a witness to an incident, an anonymous letter
or telephone call.
This
policy and regulation on sexual harassment of pupils shall be published and
distributed to pupils and employees to ensure all pupils and employees
understand the nature of sexual harassment and that the Board will not tolerate
it. The Board shall provide training for
all staff and age-appropriate classroom information for pupils to ensure the
staff and the pupils understand what type of conduct can cause sexual harassment
and that the staff know the school district policy and regulation on how to
respond.
In cases
of alleged harassment, the protections of the First Amendment must be
considered if issues of speech or expression are involved. Free speech rights apply in the classroom and
in all other programs in the public schools.
The Superintendent, or designee, will formulate, interpret, and apply
the policy so as to protect free speech rights of staff, pupils and third
parties.
In
addition, if the Board accepts federal funds, the Board shall be bound by Title
IX of the Education Amendments of 1972 prohibiting sexual harassment of
pupils. Title IX applies to all public
school districts that receive federal funds and protects pupils in connection
with all the academic, educational, extra-curricular, athletic, and other
programs of the school district, whether they take place in the school
facilities, on the school bus, at a class or training program sponsored by the
school in a school building or at another location.
United
States Department of Education - Office of Civil Rights Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students, or Third
Parties (997)
Adopted: