Regulation Glen Ridge Board of Education
M
R 5751 SEXUAL
HARASSMENT OF PUPILS
Sexual
harassment of pupils is prohibited by the Board of Education. The Superintendent and school district staff
will use the following methods to investigate and resolve allegations of sexual
harassment of pupils engaged in by school employees, other pupils (peers), or
third parties.
A. Definitions
1. Quid
Pro Quo Harassment - 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 - Sexual harassing conduct (which can include un-welcomed
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.
3. Notice
- The school district has notice if it actually “knew, or in the exercise of
reasonable care, should have known” about the harassment. If an agent or responsible employee of the
school district received notice, the school district is deemed to have
notice. The school district may receive
notice in many different ways:
a. A
pupil may have filed a grievance or complained to a teacher about fellow pupils
harassing him/her.
b. A
pupil, parent, or other pupil may have contacted other appropriate school
personnel.
c. An
agent or a responsible employee of the school district may have witnessed the
harassment.
d. The
school district may obtain information in an indirect manner such as staff,
community members, newspapers, etc.
4. Constructive
Notice - A school district will be in violation if the school district has
“constructive notice” of a sexually hostile environment and fails to take immediate
and appropriate corrective action.
Constructive notice exists if the school district “should have” known
about the harassment and if the school district would have found out about the
harassment through a “reasonable diligent inquiry.”
5. Gender-based
Harassment - Gender-based harassment that includes acts of verbal, nonverbal,
or physical aggression, intimidation, or hostility based on gender, but not
involving conduct of a sexual nature, may be a form of sex discrimination if it
is sufficiently severe, persistent, or pervasive and directed at individuals
because of their gender.
6. Title
IX of the Education Amendments of 1972 - 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 at another
location, or elsewhere. Title IX
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.
Title IX prohibits sexual harassment regardless of the gender of the
harasser even if the harasser and the pupil being harassed are members of the
same gender. Although Title IX does not specifically prohibit discrimination on
the basis of sexual orientation, sexual harassment directed at gay or lesbian pupils
may constitute sexual harassment as prohibited by Title IX. Harassing conduct of a sexual nature directed
toward gay or lesbian pupils may create a sexually hostile environment and
therefore be prohibited under Title IX.
7. Grievance
Procedure - The grievance procedure provides for prompt and equitable
resolution of discrimination complaints, including complaints of sexual
harassment. The grievance procedure
provides the school district with a mechanism for discovering sexual harassment
as early as possible and for effectively correcting problems.
8. Office
Of Civil Rights (
9. Un-welcomeness - In order to be actionable as harassment,
sexual conduct must be un-welcomed.
Conduct is un-welcomed if the pupil did not request or invite it and
“regarded the conduct as undesirable or offensive.” The school district will be concerned about
the issue of welcomeness if the harasser is in a
position of authority.
10.
Acquiescence - Acquiescence in the conduct or the failure to complain does not
always mean the conduct was welcome. The
fact that a pupil may have accepted the conduct does not mean that he/she
welcomed it. The fact that a pupil
willingly participated in conduct on one occasion does not prevent him/her from
indicating that the same conduct has become unwelcome on a subsequent
occasion. On the other hand, if a pupil
actively participates in sexual banter and discussions and gives no indication
he/she objects, then the evidence generally will not support a conclusion that
the conduct was un-welcomed.
11.
Sufficiently Severe, Persistent, or Pervasive Conduct - In determining whether
conduct is sufficiently severe, persistent, or pervasive, the conduct should be
considered from a subjective and objective perspective. In making this determination, all relevant
circumstances should be considered:
a. The
degree to which the conduct affected one or more pupils’ behavior. The conduct must have limited a pupil’s
ability to participate in or benefit from his/her education or altered the
conditions of the pupil’s educational environment.
b. The
type, frequency, and duration of the conduct.
c. The
identity of and relationship between the alleged harasser and the subject or
subjects of the harassment.
d. The
number of individuals involved.
e. The
age and gender of the alleged harasser and the subject or subjects of the
harassment.
f. The
size of the school, location of the incidents, and context in which they
occurred.
g. Other
incidents at the school.
h. Incidents
of gender-based, but non-sexual harassment.
B. Grievance
Procedure
The
following Grievance Procedure shall be used for an allegation(s) of Harassment
of Pupils by School Employees, Other Pupils, or Third Parties:
1. Reporting
of Sexual Harassment Conduct
a. Any
person with any information regarding actual and/or potential sexual harassment
of a pupil by any school employee, other pupils, or third parties must report
the information to the school Building Principal, their immediate supervisor or
the Affirmative Action Officer.
(1)
If the Building Principal deems it appropriate, he/she may immediately notify
the parent(s) or legal guardian(s) of the alleged harasser(s) or alleged
victim(s) upon receipt of any information prior to notifying the Affirmative
Action Officer.
(2)
The Building Principal will not disclose the name(s) of the alleged harasser(s)
or alleged victim(s) to the other party.
b. The
school district can learn of sexual harassment through other means such as from
a witness to an incident, an anonymous letter or telephone call.
c. Nothing
in the Policy and Regulation on Pupil Sexual Harassment shall preclude the
Building Principal, or designee, from complying with the provisions of Policy
No. 5600 - Pupil Discipline in order to maintain the health, safety and welfare
of staff and/or pupils.
d. A
report from the school Building Principal or an immediate supervisor will be
forwarded to the school district Affirmative Action Officer within one working
day, even if the school Building Principal or immediate supervisor feels sexual
harassment conduct was not present.
e. Upon
receipt of an allegation and/or report, the Affirmative Action Officer shall
immediately notify the parent(s) or legal guardian(s) of any alleged
harasser(s) and victim(s) for which a report has been
filed even if the Building Principal has previously notified the parent(s) or
legal guardian(s).
f. The
Affirmative Action Officer shall notify the parent(s) or legal guardian(s) of
all involved pupils and any other involved individuals of the process to be
followed in investigating a report or complaint.
2. Affirmative
Action Officer’s Investigation
a. Upon
receipt of any report of potential sexual harassment conduct, the Affirmative
Action Officer will begin an immediate investigation. The Affirmative Action Officer will promptly
investigate all alleged complaints of sexual harassment, whether or not a
formal grievance is filed and steps will be taken to resolve the situation, if
needed. This investigation will be
prompt, thorough, and impartial. The
investigation will be completed no more than ten working days after receiving
notice.
b. When
a pupil or the parent(s) or legal guardian(s) of a pupil provides information
or complains about sexual harassment of the pupil, the Affirmative Action
Officer will initially discuss what actions the pupil or parent(s) or legal
guardian(s) is seeking in response to the harassment.
c. The
Affirmative Action Officer’s investigation may include, but is not limited to,
interviews with all persons with potential knowledge of the alleged conduct,
interviews with any pupils who may have been sexually harassed by any school
employee, other pupils, or third parties and any other reasonable methods to
determine if sexual harassment conduct existed.
d. The
Affirmative Action Officer will request, if relevant to an investigation, the
parent(s) or legal guardian(s) of any pupil involved in the investigation to
assist in the investigation to determine if sexual harassment conduct exist(ed).
e. The
Affirmative Action Officer will provide a copy of the Board Policy and
Regulation to all persons who are interviewed with potential knowledge and to
any other person the Affirmative Action Officer feels
would be served by a copy of such documents.
f. The
Affirmative Action Officer will explain the avenues for formal and informal
action, including a description of the grievance procedure that is available
for sexual harassment complaints and an explanation on how the procedure works.
g. Any
person interviewed by the Affirmative Action Officer may be provided an
opportunity to present witnesses and other evidence.
h. The
Affirmative Action Officer and/or Superintendent may contact law enforcement
agencies if there is potential criminal conduct by any party.
i.
The school district administrators may take interim measures during an
Affirmative Action Officer’s investigation of a complaint in order to alleviate
any conditions which prohibits the pupil from
assisting in the investigation.
j. If
elementary or middle school pupils are involved, it may become necessary to
determine the degree to which they are able to recognize that certain sexual
conduct is conduct to which they can or should reasonably object and the degree
to which they can articulate an objection.
The Affirmative Action Officer will consider the age of the pupil, the
nature of the conduct involved, and other relevant factors in determining
whether a pupil had the capacity to welcome sexual conduct.
k. The
Affirmative Action Officer will consider particular issues of welcomeness if the alleged harassment relates to alleged
“consensual” sexual relationships between a school employee and a pupil.
(1)
If elementary or middle school (grades K-8) pupils are involved, welcomeness will not be an issue. Sexual conduct between a school employee and
an elementary pupil will not be viewed as consensual.
(2) If secondary (grades 9-12) pupils are
involved, there is a strong presumption that sexual conduct between a school
employee and a secondary pupil is not consensual.
(3)
In cases involving older secondary and post-secondary pupils and older
secondary and post-secondary special education pupils, the Affirmative Action
Officer will consider the following to determine whether a school employee’s
sexual advances or other sexual conduct could be considered welcome:
(a)
The nature of the conduct and the relationship of the school employee to the
pupil, including the degree of influence, authority, or control the employee
has over the pupil.
(b)
Whether the pupil was legally or practically unable to consent to the sexual
conduct in question.
l. If
there is a dispute about whether harassment occurred or whether it was welcome
(in a case which it is appropriate to consider whether the conduct could be
welcome) determinations should be based on the totality of the
circumstances. The following types of
information may be helpful in resolving the dispute:
(1)
Statements made by any witnesses to the alleged incident.
(2)
Evidence about the relative credibility of the alleged harassed pupil and the
alleged harasser.
(3)
Evidence that the alleged harasser has been found to have harassed others may
support the credibility of the pupil claiming harassment.
(4)
Evidence of the allegedly harassed pupil’s reaction or behavior after the
alleged harassment.
(5)
Evidence about whether the pupil claiming harassment filed a complaint or took
other action to protest the conduct soon after the alleged incident occurred.
(6)
Other contemporaneous evidence such as did the pupil write about the conduct
and his/her reaction to it soon after it happened in diary or letter and/or
tell friends or relatives.
m. The
scope of a reasonable response also may depend upon whether a pupil, or
parent(s) or legal guardian(s) reporting harassment asks that the pupil’s name
not be disclosed to the harasser or that nothing be done about the
harassment. The Affirmative Action
Officer:
(1)
Will provide an overview of harassment policy [and Title IX if applicable] to
the pupil, parent(s) or legal guardian(s) guardian which shall include the
prohibition of retaliation. In the event
the pupil, parent(s) or legal guardian(s) request the pupil’s name remain
confidential, the Affirmative Action Officer will inform the pupil, parent(s)
or legal guardian(s) that the request may limit the school district’s ability
to respond.
(2)
Will evaluate the confidentiality request in the context of its responsibility
to provide a safe and nondiscriminatory environment for all pupils. The factors to be considered shall be the
seriousness of the alleged harassment, the age of the pupil harassed, whether
there have been any other complaints or reports against the alleged
harasser. And the rights of the accused
individual to receive information about the accuser and the allegations if a
formal proceeding with sanctions may result.
(3)
May use other means available to address the harassment. Steps may be taken to limit the effects of
the alleged harassment and prevent its reoccurrence without initiating a formal
complaint and revealing the identity of the complainant. These steps may require sexual harassment
training at the site where the problem occurred, taking a pupil survey
concerning any harassment problems that may exist, or other systematic measures
where the alleged harassment occurred.
(4)
By conducting a limited investigation without revealing the name of the pupil
sexually harassed, may be able to learn about or confirm a pattern of
harassment based on claims of different pupils that were harassed by the same
individual. The Affirmative Action
Officer may place an individual on notice of allegation of harassing behavior
and counsel appropriately without revealing, even indirectly, the identity of
the pupil who notified the school district.
3. Investigation
Results
a. Upon
the conclusion of the investigation, but not later than ten working days after
reported, the Affirmative Action Officer will prepare a summary of findings to
the parties. At the least this shall
include the person(s) providing notice to the school district and the pupil(s)
who were alleged to be sexually harassed.
b. The
Affirmative Action Officer shall make a determination whether sexual harassment
conduct was present.
c. If
the Affirmative Action Officer concludes sexual harassment conduct was not, or
is not present, the investigation is concluded.
d. If
the Affirmative Action Officer determines that sexual harassment has occurred,
the school district administrators and staff shall take reasonable,
age-appropriate, and effective corrective action, including steps tailored to
the specific situation. Appropriate
steps will be taken to end the harassment such as counseling, warning, and/or
disciplinary action, as specified in pupil and/or staff discipline policies and
regulations. The steps will be based on
the severity of the harassment or any record of prior incidents or both. A series of escalating consequences may be
necessary if the initial steps are ineffective in stopping the harassment.
e. In
the event the Affirmative Action Officer determines a hostile environment
exists, the school district administrators and staff shall take steps to
eliminate the hostile environment. The school
district administrators may need to deliver special training or other
interventions to repair the educational environment. Other measures may include directing the
harasser to apologize to the harassed pupil, dissemination of information,
distribution of new policy statements or other steps to communicate the message
that the Board does not tolerate harassment and will be responsive to any pupil
that reports such conduct.
f. In
some situations, the school district administrators may need to provide other
services to the pupil that was harassed if necessary to address the effects of
the harassment on that pupil. Depending
on the type of harassment found, these additional
services may include an independent re-assessment of the harassed pupil’s work,
re-taking a course with a different instructor, tutoring and/or other measures
that are appropriate to the situation.
g. The
school district administrators 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 Affirmative Action Officer will inform the sexually harassed pupil
and his/her parent how to report any subsequent problems and make follow-up
inquiries to see if there has been any new incidents
or retaliation.
h. All
sexual harassment grievances and accompanied investigation notes will be
maintained in a confidential file by the Affirmative Action Officer.
4. Affirmative
Action Officer’s Investigation Appeal Process
a. Any
person found by the Affirmative Action Officer’s investigation to be guilty of
sexual harassment conduct, or any pupil who believes they were sexually
harassed but not supported by the Affirmative Action Officer’s investigation,
may appeal to the Superintendent. The
Superintendent will make his/her determination within ten working days of
receiving the appeal.
b. Any
person who is not satisfied with the Superintendent’s determination may appeal
to the Board. The Board will make its
determination within forty-five calendar days of receiving an appeal from the
Superintendent’s determination.
C. Office
Of Civil Rights (
Parents
or pupils not satisfied with the resolution of an allegation of sexual
harassment by the school district officials or the Board may request the Office
of Civil Rights (
1. Any
alleged victim of sexual harassment may appeal a decision of the Affirmative
Action Officer, Superintendent, or the Board to the Office of Civil Rights (
2. Any
person may report an allegation of sexual harassment to the
a. The
school district has a policy prohibiting sex discrimination under Title IX and
an effective Title IX grievance procedure;
b. The
school district appropriately investigated or otherwise responded to
allegations of sexual harassment; and
c. The
school district has taken immediate and appropriate corrective action
responsive to Quid Pro Quo or Hostile Environment Harassment.
3. If
the school district officials have taken the steps described in 2 above, the
Issued: