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5027 - Sexual Harassment of Students by Other Students

5027

Sexual Harassment of Students by Other Students

 

Anti-discrimination

 

A.        Elimination of Discrimination.

 

The policy of West Point Public Schools is to not discriminate on the basis of sex, disability, race, color, religion, veteran status, national or ethnic origin, age, marital status, pregnancy, childbirth or related medical condition, or other protected status, in admission or access to, or treatment with regard to employment or with regard to its programs and activities.

 

[Name] Public Schools and its staff shall comply with all state and federal laws prohibiting discrimination.  The Board of West Point Public Schools intends to take any necessary measures to assure compliance with such laws against any prohibited form of discrimination and directs its staff to take all actions necessary to meet this objective. 

 

The Superintendent shall be the Coordinator for anti-discrimination laws (including Title VI, Title IX; the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504)) and complaints or concerns involving discrimination or compliance with those laws should be addressed to said Coordinator.

 

B.        Preventing Harassment and Discrimination of Employees and Students.

 

                        1.         Purpose:  West Point Public Schools is committed to offering employment and educational opportunity to its employees and students based on ability and performance in a climate free of discrimination.  Accordingly, unlawful discrimination or harassment of any kind by administrators, teachers, co-workers or other persons is prohibited.  In addition, [Name] Public Schools will try to protect employees or students from reported discrimination or harassment by non-employees or others in the work place and educational environment.

 

For purposes of this policy, discrimination or harassment based on a person's sex, disability, race, color, religion, veteran status, national or ethnic origin, age, marital status, pregnancy, childbirth or related medical condition, or other protected status, is prohibited.  The following are general definitions of what might constitute prohibited harassment.

 

a.   In general, ethnic or racial slurs or other verbal or physical conduct relating to a person's sex, disability, race, color, religion, veteran status, national or ethnic origin, age, marital status, pregnancy, childbirth or related medical condition, or other protected status, constitutes harassment when they unreasonably interfere with the person's work performance or create an intimidating work, instructional or educational environment.

 

b.   Age harassment has been defined by federal regulations as a form of age discrimination.  It can consist of demeaning jokes, insults or intimidation based on a person's age.

 

c.   Sexual harassment has been defined by federal and state regulations as a form of sex discrimination.  It can consist of unwelcome sexual advances, requests for sexual favors, or physical or verbal conduct of a sexual nature by supervisors or others in the work place, classroom or educational environment.

 

      Sexual harassment may exist when:

 

(a)  Supervisors or managers make submission to such conduct either an explicit or implicit term and condition of employment (including hiring, compensation, promotion, or retention);

 

(b)  Submission to or rejection of such conduct is used by supervisors or managers as a basis for employment related decisions such as promotion, performance evaluation, pay adjustment, discipline, work assignment, etc.

 

(c)  The conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive working, class room or educational environment.

 

Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical jokes", jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material, and physical contact, such as patting, pinching or brushing against another's body.

 

2.         Procedures:

 

a.         Employees or students should initially report all instances of discrimination or harassment to their immediate supervisor or teacher.  However, if the employee or student is uncomfortable in presenting the problem to the supervisor or teacher, or if the supervisor or teacher is the problem, the employee or student is encouraged to go to the next level of supervision.

 

b.         If the report is not satisfactorily resolved within ten calendar days, or if the discrimination or harassment continues, please report your complaint to the Superintendent of [Name] Public Schools. 

 

c.         If a satisfactory arrangement cannot be obtained through the Superintendent, the complaint may be processed to the Board of Education.

 

d.         The person to whom the complaint is made is to thoroughly investigate the complaint and work with the person filing the complaint to seek an appropriate resolution so the discrimination or harassment can be remedied and put to an end.

 

e.         Complaints of discrimination or harassment will be treated with the utmost confidence, consistent with resolution of the problem. 

 

f.          Based on the results of the investigation, appropriate corrective action, up to and including discharge of offending employees, etc., may be taken.

 

g.         Under no circumstances will a supervisor or a teacher or the Board threaten or retaliate against a person for alleging discrimination or harassment.

 

Legal Reference:         Title VI, 42 U.S.C. § 2000d, Title VII, 42 U.S.C. § 2000e, Title IX; 20 U.S.C. § 1681, and the Nebraska Fair Employment Practices Act, Neb. Rev. Stat. §48-1101 et seq.

Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. §621 et seq., and the Nebraska Age Discrimination in Employment Act, Neb. Rev. Stat. §48-1001 et seq.;

Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.

Section 504 of the Rehabilitation Act of 1973 (Section 504)

Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)

Uniform Service Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq.

Neb. Rev. Stat. § 79-2,115, et seq

 

Date of Adoption:      06-12-2017

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