FILE:  JCED

Cf:  GAEAA

 

SEXUAL HARASSMENT OF STUDENTS

 

 

The Washington Parish School Board recognizes that harassment on the basis of sex is a violation of state and federal law (La. Rev. Stat. Ann. §17:416.13).  The School Board, therefore, shall not tolerate any sexual harassment on the part of any employee, student, or third party toward any other employee, student, or third party, within the jurisdiction of the Washington Parish School Board.

 

Conduct in violation of this prohibition shall result in disciplinary measures.

 

Incidents of sexual harassment may include verbal harassment, written, or visual such as derogatory comments, jokes or slurs, or remarks of a sexual nature; physical harassment such as cartoons, graffiti, drawings, looks or gestures.  Harassment does not only depend upon the perpetrator’s intention, but also, how the person who is the target perceives the behavior or is influence by it.

 

It is recognized that instances occur within the school system involving individuals and personalities and these matters are best handled informally.  If a student has concerns or a complaint about the nature of any conduct or physical contact by another student or a school employee, the student should contact the school principal.  The principal shall investigate the complaint, investigate the situation, and attempt to remedy it within five (5) working days of the date of the receipt of the complaint, and follow the due process procedure.  Reports of sexual harassment shall be submitted to the school principal first.  The School District’s point of contact is the Supervisor of Child Welfare at the Washington Parish School Board Central Office, 800 Main Street, Franklinton, LA  70438.

 

REPORTING

 

The School Board encourages and expects individuals to immediately report incidents of sexual offenses and/or sexual harassment to any teacher, counselor, or administrator at the school site.

 

  1. Any teacher, counselor, or administrator who has received a report, verbally or in writing, from any student regarding sexual offenses and/or sexual harassment of that student or another student in the educational setting, shall forward that report to the school principal by the end of the working day.  The principal/designee shall immediately report the complaint to the Supervisor of Child Welfare.

  2. The Supervisor of Child Welfare shall notify the appropriate law enforcement agency by the end of the working day in which the student notified school personnel of any alleged incident involving a sexual offense (La. Rev. Stat. Ann. §15:539).  Refer to Procedure 1.31 (11)(A)(2).

  3. Attention:  Any employee of the Washington Parish School Board, whether directly or indirectly employed, is considered a Mandatory Reporter.  Mandatory Reporters are REQUIRED by law to report any reasonably suspected or actual violation(s) of this policy or procedure.

 

INVESTIGATIONS

 

All complaints of sexual harassment shall be investigated and promptly resolved.  All personnel involved in the investigation, resolution, and appeal of sexual harassment complaints shall keep the complaint and the investigation confidential to the extent possible.

 

  1. Any employee, student, parent or guardians of a student and/or any other third party involved with the Washington Parish Public School System, who believes his or her rights have been violated is encouraged to immediately report the alleged acts of sexual harassment to the appropriate school level official, i.e., teacher, counselor, assistant-principal, principal or any other designated school employee.

  2. Any administrator or other school level official who receives notice of an alleged violation shall immediately report such allegations to the principal for investigation and resolution.

  3. After the allegation, has been investigated, reviewed, and discussed and both the accusing and accused parties have been given the opportunity to present witnesses and other evidence, the allegation may be upheld and necessary corrective action taken to preclude reoccurrence, or the allegation may be dismissed as having no substance as a violation and the matter closed.  The principal shall notify both parties in writing within five (5) business days of the decision.  Each investigation shall be filed and retained by the principal.

  4. If either party is not satisfied with the outcome of the investigation detailed in Step Three (3), either party may appeal the principal’s decision in writing to the Supervisor of Child Welfare, 800 Main Street, Franklinton, LA 70438; telephone number (985)839-3436, within five (5) working days after receiving the written decision by the principal.  Both parties may present witnesses and other evidence as described in Step Three.

  5. If either party is unsatisfied with the outcome of the appeal detailed in Step Four (4), either party may appeal the Supervisor of Child Welfare’s decision to the Superintendent.  Request for this appeal should be made in writing to the Supervisor of Child Welfare, who shall obtain an appointment with the Superintendent within ten (10) working days of receipt of request, at a date and time mutually agreeable to all parties.  Both parties may present witnesses and other evidence as described in Step Three.

  6. If either party is unsatisfied with the outcome of the appeal detailed in Step Five (5), either party may appeal the Superintendent’s decision to the Administrative Committee of the Washington Parish School Board.  Request for this appeal shall be made to the Superintendent who shall make an appointment with the Administrative Committee within ten (10) working days, and both parties shall be notified of the appointment by U.S. Mail.  Both parties may present witnesses and other evidence as described in Step Three.

  7. The Administrative Committee of the Washington Parish School Board shall present its recommendation to the full School Board for final resolution.  Both parties shall be notified in writing of the final decision within five (5) working days of the decision by the Washington Parish School Board.

 

INTERNAL INVESTIGATIONS

 

  1. When an employee is accused of abuse or neglect of a student, the principal shall initiate an investigation according to School Board procedures.  If the offender is a central office employee or principal, the appropriate supervisor shall initiate an investigation.

  2. The Superintendent in consultation with the School Board's attorney shall determine what additional appropriate action the school system may take over and above the investigation being conducted by the appropriate state agency.  In any incident involving an employee that is reported to the Superintendent/designee, the person shall promptly be removed from all activities involving direct contact with students until the matter is resolved.

 

DISCIPLINE/CONSEQUENCES

 

  1. Anyone who engages in the sexual harassment of any student in the school setting may be subject to disciplinary action.

  2. Any employee who permits or engages in sexual harassment of students shall be subject to disciplinary action up to and including termination of employment.

  3. Any employee who receives a complaint of sexual harassment from a student or any other person regarding the harassment of a student and who does not act promptly to forward that complaint to the principal/designee shall be subject to disciplinary action.

  4. The Washington Parish School Board shall take steps to prevent the recurrence of any harassment found to occur and to remedy the discriminatory effects on the victim(s) and others.

 

RETALIATION PROHIBITED

 

The Washington Parish Public School Board prohibits retaliatory behavior against any complainant or any participant in the complaint process.  The initiation of a complaint of sexual harassment shall not reflect negatively on the student who initiates the complaint nor shall it affect the student’s academic standing, rights, or privileges.

 

ENFORCEMENT

 

Each principal has the responsibility of maintaining a work environment and/or educational environment free of sexual harassment.  Administrators shall take appropriate actions to reinforce the Washington Parish Public School Board's sexual harassment policy.  These actions shall include:

 

  1. Prompt removal of vulgar or sexually offensive graffiti.

  2. Requiring staff to participate in annual training relative to sexual harassment.

  3. Providing student instruction about sexual harassment through orientation at the beginning of the school year and for new students to the school upon enrollment.  At the school, discussion shall be carried out in age-appropriate ways and should assure students that they need not endure any form of sexual harassment or offenses.

  4. In addition, all teachers, counselors and administrators shall instruct students on the procedures for reporting sexual harassment or offenses within the educational setting.

  5. Taking appropriate disciplinary action.

  6. Making the policy and procedure available to each student, teacher and employee of Washington Parish Public Schools.

 

Revised:  August 10, 2017

 

 

Ref:    20 USC 1681 et seq. (Title IX of the Education Amendments of 1972)

29 CFR 1604.11 (Sexual Harassment)

La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 17:81

Board minutes, 1-13-94, 8-10-17

 

Washington Parish School Board