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LPOSD84 STUDENT
HARASSMENT POLICY (504.8AP)
2)
Verbal
abuse of a sexual nature, name calling, sexual gossip, related
stories, leering, sexual jokes, jokes that may be derogatory toward
a particular sex, graphic verbal sexual deficiencies or sexually
insulting or obscene comments or gestures;
3)
Physical
sexual contact that is unwanted touching, coerced sexual acts, or
pressure for sexual activity;
4)
Display
of sexually suggestive graffiti, objects, pictures, posters or
cartoons fort he purposes of satisfying the prurient interests of
the displayer;
5)
Asking
questions about sexual conduct or sexual orientation or preferences
when not within the bounds of the educational process, i.e., health
classes, sex education classes as defined by Idaho Code 33-1609, or
counseling.
The Board of Trustees encourages students who believe they are being sexually harassed to immediately report the complaint to any district personnel so that a rapid response and appropriate action may be taken. Because of the sensitivity of these matters, no time frame will be instituted for reporting sexual harassment and the late reporting of sexual harassment will not in and of itself preclude the district from taking remedial action.
Students should understand, however,
that in reporting the complaint, any such communication may not be
considered privileged information, and the person to whom the
communication is made has a duty to report the incident either to
superiors or to other authorities, including the Idaho State
Department of Health and Welfare or a proper law enforcement agency.
An accurate record of objectionable
behavior or misconduct is needed to resolve a complaint of sexual
harassment. If the complaint is given verbally, the individual
receiving the complaint shall have the complaining party complete
the Sexual Harassment Report Form within 36 hours. Submission of a
complaint or report of sexual harassment will not affect the
individual’s grades.
Any third party person with knowledge
or belief of conduct that may constitute sexual harassment shall
report the alleged acts immediately to an appropriate
INVESTIGATION OF
THE COMPLAINT: The building principal will promptly notify the district Superintendent or designee of the complaint. If the complaint in any manner involves the school’s principal, the complaint should be referred to the district superintendent or designee. Any allegation of sexual harassment will be promptly investigated in a confidential manner so as to protect the privacy of all persons involved. The investigating party will be selected by the superintendent or designee and depending upon the situation, may include individuals from outside the school district. The investigating party shall provide to the superintendent a written report of the status of the investigation within fifteen (15) working days after receipt of the complaint. If the allegations involve the superintendent, the status report shall be provided to the Chairman of the Board of Trustees. In pursuing the investigation, the investigator should thoroughly investigate the matter and in so doing, attempt to ascertain all of the facts that explain what has occurred. In conducting the investigation, the student, as well as the alleged harasser, will be questioned as will all employees or students who may have knowledge of either the incident in question or similar problems. The investigative steps and findings should be documented in writing as thoroughly as possible. Upon completion of the investigation, the district will communicate in an appropriately sensitive manner, its findings and intended actions, if any to the student, the student’s parents if the student is under the age of eighteen (18), the harasser, and the harasser’s parents if the harasser is a student under the age of eighteen (18). Failure to investigate any sexual harassment report or complaint may result in disciplinary action against the individual failing to investigate. The district will maintain a complete written record of each complaint, the manner in which it was investigated, and the manner in which it was received. Written records will be maintained in a confidential manner. Employees found to have engaged in misconduct constituting sexual harassment will be disciplined up to and including discharge as outlined in district policy and the Rules and Regulations of the State Department of Education. Under certain circumstances, sexual harassment may constitute sexual abuse as defined by Idaho Code and will be reported to the Department of Health and Welfare and the appropriate law enforcement agencies. Students found to have engaged in misconduct constituting sexual harassment may be disciplined up to and including expulsion. Any such disciplinary action will be taken pursuant to the policies and procedures of the school district and will be reported to appropriate authorities. If the district determines that no sexual harassment has occurred, and if the investigation results in a finding that the student has falsely accused another of sexual harassment knowingly or in a malicious manner, the student may be subject to appropriate discipline, including the possibility of suspension or expulsion.
PROTECTION AGAINST
RETALIATION: The school district will not in any way retaliate against a student who makes a report of sexual harassment nor, to the extent possible, will it permit any employee or student to do so. Retaliation will be considered to be a violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting an incident of sexual harassment may be subject to the same disciplinary action provided for sexual harassment offenders. Those persons who assist students who they believe may have been subjected to sexual harassment or who assist or participate in an investigation of sexual harassment also are protected from retaliation under this policy.
RACIAL, ETHNIC, AND
GENDER SLURS: Lake Pend Oreille School District #84 recognizes that regardless of intent, racial, ethnic or gender slurs have the capacity of substantially harming both the individuals to who slurs are addressed and the educational community as a whole. A racial or ethnic slur is defined as any derogatory remark, word, phrase, act, picture of gesture referencing or directed ant or to any individual or group(s) which is of a racial, ethnic or gender nature. Students may file a formal grievance regarding a racial, ethnic or sexual slur with any teacher, counselor or school administrator. The district will thoroughly investigate the complaint and will protect the rights of all parties to the complaint. While on school district property or at a school sponsored function, students or staff who make a racial, ethnic or gender slur shall be subject to disciplinary action. Supervisors or managers shall take prompt action in all known or reported cases.
HARASSMENT: Any verbal slurs directed toward students, including those with disabilities, will be investigated by the principal or designee. Perpetrators will be disciplined accordingly and may be suspended or expelled.
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