It is the policy of this district to maintain a learning environment that is free from harassment. Each student and employee has the right to attend school and work in an atmosphere that promotes equal opportunities and that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive.
Students attending district schools are:
1. Prohibited from engaging in any conduct which could reasonably be construed as constituting harassment on the basis of sex (including sexual orientation or gender identity), race, color, national origin, age, religious beliefs, ethnic background, or disability;
2. Prohibited from sexually harassing other students, district employees, and patrons; and
3. Required to report, to the school principal or designee, harassment of which the student becomes aware.
This policy applies to all conduct on the district’s premises and at school-sponsored events, conduct during transportation to and from school and school-sponsored events, and conduct off the district’s premises that has an adverse affect upon a student’s educational environment.
DEFINITION OF HARASSMENT
Harassment is defined to include verbal, written, graphic, photographic, audio or video depictions of any kind, or physical conduct relating to an individual’s sex (including sexual orientation or gender identity), race, color, national origin, age, religious beliefs, ethnic background, or disability that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the district’s programs that:
1. Has the purpose or effect of creating an intimidating or hostile environment.
2. Unreasonably interferes with an individual’s educational performance.
3. Otherwise adversely affects an individual’s educational opportunities.
Harassment includes, but is not limited to:
1. Physical acts of aggression or assault, damage to property, or intimidation and implied or overt threats of violence motivated by the victim’s sex (including sexual orientation orgender identity), race, color, national origin, age, religious beliefs, ethnic background, or disability;
2. Demeaning jokes, taunting, slurs, and derogatory “nicknames,” innuendos, or other negative remarks relating to the victim’s sex or sexual orientation, race, color, national origin, age, religious beliefs, ethnic background, or disability;
3. Graffiti and/or slogans or visual displays such as cartoons or posters depicting slurs or derogatory sentiments related to the victim’s sex or sexual orientation, race, color, national origin, age, religious beliefs, ethnic background, or disability; and
4. Criminal offenses directed at persons because of their sex or sexual orientation, race, color, national origin, age, religious beliefs, ethnic background, or disability;
Harassment also includes an act of retaliation taken against (1) any person bringing a complaint of harassment, (2) any person assisting another person in bringing a complaint of harassment, or (3) any person participating in an investigation of an act of harassment.
DEFINITION OF SEXUAL HARASSMENT
Sexual harassment is a form of misconduct that undermines the student’s relationship with educators and with other students. No student, male or female, should be subject to unasked for and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment refers to sexual overtures or conduct, including those that relate to the student’s sexual orientation or gender identity, that is unwelcome, personally offensive, and affecting morale, thereby interfering with a student’s ability to study or participate in school activities.
Sexual harassment is a form of misconduct that includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s participation in the educational process;
2. Submission to or rejection of such conduct by an individual is used as a factor for educational decisions affecting the individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s education, or creating an intimidating, hostile, or offensive educational environment.
Examples of sexual harassment include, but are not limited to, the following:
1. Unwelcome verbal statements of a sexual or abusive nature, including requests or demands for sexual activity, sexual jokes, and obscene comments, etc.;
2. Unwelcome, sexually motivated or inappropriate touching, pinching, or other physical contact;
3. Unwelcome cyber communications, including, but not limited to, sending sexually explicit photographs or messages via any electronic communication devices (“sexting”);
4. Unwelcome sexual behavior or communications, regardless of the method of such communication, accompanied by implied or overt threats concerning an individual’s education;
5. Unwelcome behavior or communications directed at an individual because of his/her gender; and
6. Stalking or unwelcome, sexually motivated attention.
REPORTING PROCEDURES
1. Any student, and/or parents of a student, who believe the student is being harassed should immediately report the situation to school personnel.
2. Any district employee who receives a report of harassment from a student, becomes aware that a student is being subjected to harassment, or in good faith believes that a student is being subjected to harassment, is required to report the matter to the building principal immediately. In the event the complaint involves the principal, the matter must be immediately reported to the superintendent. District personnel who fail to report or fail to take action to stop violations of this policy may face disciplinary action up to and including termination of employment.
3. Any district employee who witnesses harassment of a student should take immediate, appropriate action to intervene to stop the harassment.
4. Any student who becomes aware that a fellow student is being subjected to harassment should immediately report the incident to a counselor, teacher, or the principal.
INVESTIGATION AND REPORT
When a report of harassment is received by the principal or the superintendent, immediate steps will be taken to do the following:
1. Obtain a written statement from the complainant regarding the allegations;
2. Obtain a written statement from the accused;
3. Obtain written statements from witnesses, if any; and
4. Prepare a written report detailing the investigation.
An investigator may be appointed to conduct the investigation, or the principal or superintendent may conduct the investigation. The investigation should be completed within ten (10) workdays. In the event the conduct constitutes sexual harassment or sexual assault as defined in the district’s Title IX Policy (296 and 296P1), the district will follow the procedures set forth in such policy.
DISCIPLINARY ACTION
If the allegation of harassment involves a teacher or other school employee, the principal will submit the report of the investigation to the superintendent. If there is sufficient evidence to support the allegation, disciplinary action, up to and including dismissal, may be taken against the offender.
If the allegation of harassment is against a student and there is sufficient evidence to support the allegation, disciplinary action, up to and including suspension or expulsion, may be taken against the offender. Disciplinary action may also include graduated consequences including referral to the school counselor, meeting with the school principal and the student’s parents/guardians; and detention or special programs. Students with disabilities who violate this policy, including those on an IEP or 504 plan, will be disciplined in accordance with applicable federal and state laws and regulations.
If there is insufficient evidence to support the allegation, no record will be made of the allegation in the complaining student’s permanent record. No record of the allegation will be placed in the accused employee’s personnel record or in an accused student’s permanent record if insufficient evidence supports the allegation.
In the event the investigation discloses that the complaining student has falsely accused another individual of harassment knowingly or in a malicious manner, the complaining student may be subject to disciplinary action, up to and including expulsion.
In the event the harassment involves violent or other conduct which could be reasonably considered to be criminal in nature, the principal/superintendent will refer the matter to the local law enforcement agency.
PROTECTION AGAINST RETALIATION
No retaliation will be taken by this district or by any of its employees or students against a student who reports harassment in good faith. Any person found to have retaliated against another individual for reporting an incident of harassment may be subject to the same disciplinary action provided for harassment offenders. Those persons who assist or participate in an investigation of harassment are also protected from retaliation under this policy.
CONFIDENTIALITY
Any investigation will be conducted, to the maximum extent possible, in a manner that protects the privacy of both the complainant and the accused. However, if it is suspected that child abuse has occurred, such abuse will be reported to the proper authorities as required by state law.
RECORD OF ALLEGATIONS
This district will keep and maintain a written record, including, but not limited to, witness statements, investigative reports, and correspondence, from the date any allegation of harassment is reported to district personnel. The information in the written record will also include the action taken by the district in response to each allegation. The written record will be kept in the district’s administrative offices and will not, at any time, be purged by district personnel.
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LEGAL REFERENCE:
Idaho Code Sections
16-1619 – Reporting of Abuse, Abandonment and Neglect
18-917A – Student Harassment – Intimidation – Bullying
33-205 – Denial of School Attendance
33-512(6) – Governance of Schools
33-1631 – Requirements for Harassment, Intimidation and Bullying Information and Professional Development
Title IX of the Education Amendments of 1972
Franklin v. Gwinnett Co. Pubic Schools, 112 S. Ct. 1028 (1992)
Gebser v. Lago Vista Independent School District, 118 S. Ct. 1989 (1998)
Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1999)
ADOPTED: March 16, 2022
AMENDED:
CROSS-REFERENCE:
Civil Rights Grievance #294P1
Prohibition Against Harassment, Intimidation and Bullying #506.50
Student Suspension #543
Student Expulsion/Denial of Enrollment #544
Disciplining of Students with Disabilities (IDEA) #545
Disciplining Students with Disabilities (Section 504) #546