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Littleton Public Schools Policy |
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Policy Code JBB Policy Name Sexual Harassment of Students Adoption August 17, 1993 Revised June 23, 2011 |
The Board of Education recognizes that sexual harassment can interfere with a student’s academic performance and emotional and physical well-being and that preventing and remedying sexual harassment in schools are essential to ensure a nondiscriminatory, safe environment in which students can learn.
Sexual harassment is recognized as a form of sex discrimination and, thus, a violation of the laws which prohibit sex discrimination.
A learning environment that is free from sexual harassment shall be maintained. It shall be a violation of policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature or to retaliate against anyone who reports sexual harassment or participates in a harassment investigation.
Unwelcome sexual advances, requests for sexual favors, or other verbal or nonverbal or physical conduct of a sexual nature may constitute sexual harassment, even if the harasser and the student being harassed are the same gender and whether or not the student resists or submits to the harasser when:
Submission to such conduct is made, either explicitly or implicitly, a term or condition of a student’s participation in an educational program or activity.
Submission to or rejection of such conduct by a student is used as the basis for educational decisions affecting the student.
Such conduct is sufficiently severe, persistent, or pervasive that it limits a student’s ability to participate in or benefit from an education program or activity or it creates a hostile or abusive educational environment. For a one-time incident to rise to the level or harassment, it must be severe.
Any conduct of a sexual nature directed by a student toward a staff member or by a staff member to a student is presumed to be unwelcome and shall constitute sexual harassment.
Acts of verbal aggression, intimidation, or hostility based on sex, but not involving conduct of a sexual nature, may also constitute sexual harassment.
Sexual harassment as defined above may include, but is not limited to:
Sex-oriented verbal “kidding,” abuse, or harassment.
Pressure for sexual activity.
Repeated remarks to a person with sexual implications.
Unwelcome touching, such as patting, pinching, or constant brushing against another’s body.
Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades or similar personal concerns.
Legitimate nonsexual touching or other nonsexual conduct is not sexual harassment.
Reporting, Investigation, and Sanctions
Sexual harassment cannot be investigated or corrected by the District until the District is made aware of such harassment. Therefore, students are encouraged to report all incidences of sexual harassment to a teacher, counselor, or principal at their school site. Students may file a formal grievance of sexual harassment through use of the accompanying grievance procedure. If the alleged harasser is the principal with whom a grievance routinely would be filed, the student may file the grievance with a District human resources administrator.
All matters involving sexual harassment complaints shall remain confidential to the extent possible as long as doing so does not preclude the District from responding effectively to the harassment or preventing future harassment.
Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the individual’s status or affect grades.
In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred shall be investigated.
Any student found to have engaged in sexual harassment shall be subject to discipline, including, but not limited to, being placed on a remedial discipline plan, suspension or expulsion, subject to applicable procedural requirements and in accordance with applicable law. Conduct of a sexual nature directed toward students shall, in appropriate circumstances, be reported as child abuse for investigation by appropriate authorities in conformity with legal requirements.
Notice of this policy shall be circulated to all District schools and departments and incorporated in student handbooks.
All District employees shall receive periodic training related to recognizing and preventing sexual harassment. District employees shall receive additional periodic training related to handling reports of sexual harassment.
Cross Reference: GBCCA, Employee Harassment
JICDA, Student Code of Conduct
Legal Reference: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.
Title IX of the Education Amendments of 1972, U.S.C. §1681 et seq.
C.R.S. 24-34- 401 et seq.