Sexual Harassment Policy

The Nebo School District is committed to providing a work and educational environment that is free of discrimination and unlawful harassment. The District considers it unlawful discriminatory practice for an employer, because of the sex of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to any matter directly or indirectly related to employment (or education). The District will consider unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature as unlawful sexual harassment. Inappropriate actions, words, pictures, pictures/media, jokes or comments based on an individual’s sex will not be tolerated. That type of sexual conduct either openly manifest or subtle will be considered misconduct because it is considered demeaning to another person, invades their privacy, and undermines the integrity of the employee and/or student relationships. The District strongly disapproves of any form of sexual harassment involving employees, students and visitors and will take preventive and corrective action against those participating in these activities.

PURPOSE

The purpose of the Nebo School District Sexual Harassment Policy and Procedure is to assure a learning/work environment that is free from sexual harassment, and is in compliance with the state and federal law.

DEFINITION

Sexual harassment is defined as:
A. Any verbal, written, or physical conduct of a sexual nature which creates an intimidating, hostile, or offensive environment.

B. Any suggestion, request, demand, or pressure for sexual involvement, accompanied by an implied or explicit threat concerning one’s grades, extra curricular standing, job, etc.

C. Any unwanted sexual advance or request.
Sexual harassment includes, but is not limited to the following:

1. Derogatory, demeaning, or offensive jokes, teasing, or comments of a sexual nature.

2. Graphic remarks or sexual comments about an individual’s body.

3. Sexually suggestive or obscene telephone calls, letters, notes, or invitations.

4. Sexually suggestive or obscene pictures, cartoons, posters, or objects.

5. Grabbing, pinching, or touching of private areas.

6. Deliberate cornering, shouldering or bumping in the hallways.

7. Sexual gestures, unwanted pats, or hugs, or any unwanted touching.

8. Any form of sexual threat, intimidation, or exploitation.

9. Spreading of sexual rumors.

10. Actual or attempted sexual assailed, molestation, or rape.

11. Sexist remarks or gender-based stereotyping.

12. “Pantsing” male or female students, flipping up girl’s dresses, etc.

SEXUAL HARASSMENT ADMINISTRATIVE PROCEDURE

Nebo School is committed to provide a safe, orderly environment where students, staff, parents and all people are treated with courtesy and respect. Sexual harassment by staff or students, as defined in this policy, is strictly prohibited. Violators of this policy will be investigated and disciplined.

WHAT TO DO IF YOU ARE SEXUALLY HARASSED

1. If you believe you are being sexually harassed, you should consider telling the person(s) that you do not like what is happening and you want it stopped. In many cases your clear statement that you want something stopped will be enough to take care of the situation. You are not required, however, to confront a person in this way.

2. You have the right, and are encouraged, to report the problem immediately to any teacher, counselor, administrator, supervisor or other staff member. You should not feel embarrassed, intimidated, or reluctant to file a harassment report. You will not be subject to retaliation or “put on trial” for doing so.

HOW TO REPORT SEXUAL HARASSMENT

1. Anyone (student, staff member, parent, volunteer, or anyone else) who is a victim of sexual harassment, or who has personal knowledge of sexual harassment taking place, is encouraged to report the problem immediately to any teacher, counselor, administrator, supervisor or other staff member. It is the responsibility of all who have received information, allegations, or even rumors about sexual harassment, to report the problem immediately to the principal or supervisor. Complaints must be filed on the District form GBEB-E within 180 days of the sexual harassment incident.

2. If a preliminary investigation shows an allegation is other than trivial, the principal or his designee shall report the allegation of sexual harassment immediately to the parents of any students involved. Before conducting investigative interviews with students, principals shall give parents notice of their right to be present. Parents must be informed of the progress of any investigation.

3. Principals/supervisors shall report every allegation of sexual harassment involving employee/employee and employee/student immediately to the Nebo School District Director of Human Resources. Sexual harassment involving student/student should be handled at the school, unless there is a specific reason for referring the matter to the District Pupil Services Office, such as a violation of the District’s Safe School Policy, or a need to consider expulsion or alternative placement of the student.

4. When the type of sexual harassment constitutes child abuse, the principal must follow the reporting requirements of the District’s child abuse policy and State child abuse laws.

INVESTIGATION

1. Any principal/supervisor who receives information, allegations or rumors about sexual harassment shall take immediate action to see that the case is properly investigated and resolved. The goal of each investigation shall be to determine the facts about what happened, and to achieve a prompt and equitable resolution of the problem.

2. In the process of investigation, all reports of sexual harassment must be documented in writing, including signed statements from those who submit harassment reports and from those who are interviewed in the investigation. Documentation should be thorough and factual, including detailed evidence and information about all alleged incidents (date, time, place, actions observed, quotes, witnesses, etc.)

3. Fairness and due process must be observed in conducting the investigation, to protect the rights and interests of both the alleged victim and the alleged harasser. (See Nebo District Corrective Discipline Handbook for details about due process and conducting investigations.)

CORRECTIVE ACTION

1. Once the facts in a case have been determined, the principal/supervisor shall make a concentrated effort to resolve the case. Final resolution may include, but shall not be limited to:

A. appropriate corrective action or discipline against violators of the sexual harassment policy;

B. agreement among the parties which resolves the issues; or

C. determination that sexual harassment did not occur.

2. Substantial charges of sexual harassment against a student shall subject the student to corrective action or discipline which age appropriate and in compliance with District and school policies.

3. Substantial charges of sexual harassment against an employee shall subject the employee to corrective action or discipline consistent with District employee policies, including the possibility of suspension or dismissal.

4. Students or employees who file frivolous, unfounded, or malicious sexual harassment reports shall subject themselves to corrective action or discipline consistent with school and District policy.

CONFIDENTIALITY

Sexual harassment reports shall be investigated and handled as discreetly as possible. The right to confidentiality (for the alleged victim, the alleged harasser, witnesses, and others) is to be respected, consistent with fairness, due process, and the school’s legal obligation to investigate and take action as warranted. All persons involved shall refrain from discussing the case with anyone, except those who have a legitimate need or right to know.

REPRISALS

Reprisals of any kind are strictly prohibited against any person who has filed a report of sexual harassment, testified as a witness, assisted, or participated in any manner in any investigation or proceeding conducted under this policy. Reporting of sexual harassment, or participation in a sexual harassment inquiry, will not reflect in any way upon the individual’s status nor will it affect future grades, assignments, employment, etc.

REDRESS OF GRIEVANCE PROCEDURE ADMINISTRATIVE PROCEDURE

A. Step 1. The Student

1.An aggrieved student(s) must begin the procedure within ten school days from the alleged occurrence of the act or condition on which the grievance is based.

2.The student(s) must submit a written statement to a teacher, detailing the nature of the grievance.

3.The student may desire to personally contact the teacher and may invite a member of the student government to accompany him/her during the discussion of the problem. This discussion may occur before or after the written statement is submitted as required in step 2.

4.The student will, with good faith, try to work out the grievance and come to an agreeable solution.

B. Step 2. The Teacher

1.The teacher is obligated to provide an early opportunity to discuss the grievance with the student, if requested, and to receive any written statement presented.

2.If the grievance exists as a result of an action or decision by the said teacher, and the student and teacher are able to rectify this difference, then no further action on the part of either is necessary, except the teacher files the grievance. This action is to preserve a record of all grievances made during the year.

3.If an agreeable solution was not achieved, the teacher will outline, in writing, the reasons why no agreement was possible and send one copy to the principal and one copy to the student.

C. Step 3. The Principal

1.If agreeable solutions cannot be made between the student and the teacher, the student may advance the grievance to the school principal or his assigned representative.

2.The statement of the grievance must be submitted to the principal within five days from the date of closure with the teacher and a request for an appointment to discuss the matter may be requested. The principal, or his appointed representative, is obligated to meet with the student(s) as soon as possible.

3.If an agreement is reached, the principal will notify all parties involved in the grievance of the terms of the agreement and instruct or appoint appropriate personnel to see that actions proceed according to the terms of the agreement and file all statements, including the agreement reached, in the office grievance file.

4.If an agreeable solution was not reached, the principal will attach his statement of reasons to that of the teacher’s and give both tothe student, retaining copies for his office grievance file.

D. Step 4. The Superintendent

1.Failing to reach a satisfactory solution to the problem with the principal, the student may then file his grievance with the superintendent, providing he does so within five days after receiving the principal’s statement.

2.To file the grievance with the superintendent, the student sends his own statement of the problem and the copy of the teacher’s and principal’s conclusions to the superintendent.

3.The superintendent will review all action taken, make a decision in the case and notify all parties of his decision.

4.To the extent that the superintendent’s decision reverses actions or conclusions made by the principal on the teacher, he will instruct them to make proper restitution to the student.

5.Should the superintendent’s decision support the conclusions of the teacher and principal, then the student may request, through the superintendent, a hearing before the board of education.

E. Step 5. Board of Education

1. After hearing all matters in the grievance, the board will make a final decision and all parties will be expected to comply to the extent detailed in that decision. This implies compliance by the student as well as school employee.