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Article 60 - Sexual Harassment
| Section 60.1 | Policy |
| Section 60.2 | Definitions |
| Section 60.3 | Unacceptable Prohibited Conduct |
| Section 60.4 | Determining if Prohibited Conduct is Sexual Harassment |
| Section 60.5 | Reporting Complaints |
| Section 60.6 | Confidentiality |
| Section 60.7 | Initial Investigation and Resolution Procedure |
| Section 60.8 | District-level Investigation and Resolution Procedure |
| Section 60.9 | Retaliation Prohibited |
| Section 60.10 | Discipline/Penalties |
| Section 60.11 | False Complaints |
| Section 60.12 | Notification and Training |
Article 60
SEXUAL HARASSMENT
Adopted 1/15/02
It is the policy of the Saranac Lake Central School District to condemn and prohibit sexual harassment by anyone, and the District is committed to providing a safe and healthy environment that encourages respect and dignity for all. This policy is intended to create and preserve an educational and working environment free from unlawful sexual harassment in furtherance of the District's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equality.
(A) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
(1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an employee's employment or a student's education (including any aspect of the student's participation in school-sponsored activities, or any other aspect of the student's education); or
(2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an employee's employment or a student's education; or
(3) the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee's work performance or a student's academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.
(B) “Unwelcome” conduct or action shall mean and include conduct or actions which a student or staff member did not request or invite and which a student or staff member regarded as undesirable or offensive.
School-related conduct that the District considers unacceptable, which is prohibited, and which may constitute sexual harassment includes, but is not limited to, the following:
(A) rape, attempted rape, sexual assault, attempted sexual assault, forcible sexual abuse, hazing, and other sexual and gender-based activity of a criminal nature as defined under the State Penal Law;
(B) unwelcome sexual invitations or requests for sexual activity in exchange for grades, promotions, preferences, favors, selection for extracurricular activities or job assignments, homework, etc.;
(C) unwelcome and offensive public sexual display of affection, including kissing, making out, groping, fondling, petting, inappropriate touching of one's self or others, sexually suggestive dancing, and massages;
(D) any unwelcome communication that is sexually suggestive, sexually degrading or implies sexual motives or intentions, such as
(1) sexual remarks or innuendoes about an individual's clothing, appearance or activities;
(2) sexual jokes;
(3) sexual gestures;
(4) public conversations about sexual activities or exploits;
(5) sexual rumors and "ratings lists";
(6) howling, catcalls, and whistles; sexually graphic computer files, messages or games, etc;
(E) unwelcome and offensive name calling or profanity that is sexually suggestive, sexually degrading, implies sexual intentions, or that is based on sexual stereotypes or sexual preference;
(F) unwelcome physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as
(1) the unwelcome touching of another's body parts,
(2) cornering or blocking an individual,
(3) standing too close,
(4) spanking,
(5) pinching,
(6) following or stalking,
(7) frontal body hugs, etc.;
(G) unwelcome and sexually offensive physical pranks or touching of an individual's clothing, such as
(1) hazing and initiation,
(2) "streaking,"
(3) "mooning,"
(4) "snuggies" or "wedgies" (pulling underwear up at the waist so it goes in between the buttocks),
(5) bra-snapping,
(6) skirt "flip-ups,"
(7) "spiking" (pulling down someone's pants or swimming suit);
(8) pinching;
(9) placing hands inside an individual's pants, shirt, blouse, or dress, etc.;
(H) unwelcome leers, stares, gestures, or slang that are sexually suggestive; sexually degrading or imply sexual motives or intentions;
(I) clothing with sexually obscene or sexually explicit slogans or messages;
(J) unwelcome and offensive skits, assemblies, and productions that are sexually suggestive, sexually degrading, or that imply sexual motives or intentions, or that are based on sexual stereotypes;
(K) unwelcome written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, Internet material, etc.;
(L) any other unwelcome gender-based behavior that is offensive, degrading, intimidating, demeaning, or that is based on sexual stereotypes and attitudes.
(A) Complaints of sexual harassment will be thoroughly investigated to determine whether the totality of the behavior and circumstances meet any of the elements of the above definition of sexual harassment and should therefore be treated as sexual harassment.
(B) Not all unacceptable conduct with sexual connotations may constitute sexual harassment and, except for quid pro quo situations where the alleged harasser offers academic or employment rewards or threatens punishment as an inducement for sexual favors, unacceptable behavior must be sufficiently severe, persistent or pervasive to be considered sexual harassment.
(C) In evaluating the totality of the circumstances and making a determination of whether conduct constitutes sexual harassment, the individual investigating the complaint should consider:
(1) the degree to which the conduct affected the ability of the student to participate in or benefit from his or her education or altered the conditions of the student's learning environment or altered the conditions of the employee's working environment;
(2) the type, frequency and duration of the conduct;
(3) the identity of and relationship between the alleged harasser and the subject of the harassment (e.g., sexually based conduct by an authority figure is more likely to create a hostile environment than similar conduct by another student or a co-worker);
(4) the number of individuals involved;
(5) the age and sex of the alleged harasser and the subject of the harassment;
(6) the location of the incidents and context in which they occurred;
(7) other incidents at the school; and
(8) incidents of gender-based, but non-sexual harassment.
Any person who believes he or she has been the victim of sexual harassment by a student, District employee or third party related to the school shall comply with the following:
(A) complaints should be reported as soon as possible after the incident in order to enable the District to effectively investigate and resolve the complaint.
(B) Victims are encouraged to submit the complaint in writing; however, complaints may be filed verbally.
(C) Complaints should be filed with the Principal or the Title IX coordinator.
(D) Any school employee who receives a complaint of sexual harassment from a student shall inform the student of the employee's obligation to report the complaint to the school administration, and then shall immediately notify the Principal and/or the Title IX coordinator.
(E) In order to assist investigators, victims should document the harassment as soon as it occurs and with as much detail as possible including: the nature of the harassment; dates, times, places it has occurred; name of harasser(s); witnesses of the harassment; and the victim's response to the harassment.
(A) To the extent possible, the District will respect the privacy of all parties and witnesses to complaints of sexual harassment and will not release the details of a complaint or the identity of the complainant or the individual(s) against whom the complaint is filed to any third parties who do not need to know such information.
(B) Notwithstanding paragraph (A) of this section, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know or who are otherwise entitled by law to such information, including but not limited to the accused by reason of the District’s legal obligation to afford due process, or to others where necessary to conduct a thorough investigation or to take necessary action to resolve the complaint.
(C) The staff member responsible for investigating complaints will discuss confidentiality standards and concerns with all complainants. If a complainant requests that his/her name not be revealed to the individual(s) against whom a complaint is filed, the staff member responsible for conducting the investigation shall inform the complainant that:
(1) the request may limit the District's ability to respond to his/her complaint;
(2) District policy and federal law prohibit retaliation against complainants and witnesses;
(3) the District will attempt to prevent any retaliation; and
(4) the District will take strong responsive action if retaliation occurs.
(5) If the complainant still requests confidentiality after being given the notice above, the investigator will take all reasonable steps to investigate and respond to the complaint consistent with the request as long as doing so does not preclude the District from responding effectively to the harassment and preventing the harassment of other students or employees.
(A) As soon as possible but no later than three working days following receipt of a verbal or written complaint of sexual harassment, or within 24 hours of personal observance of conduct constituting sexual harassment, the building Principal or the Title IX coordinator shall conduct a preliminary investigation and make all reasonable efforts to resolve complaints informally at the building level, with the goal of such investigation and resolution attempts being to end the harassment and obtain a prompt and equitable resolution to a complaint.
(B) Parents of student victims and accused students shall be notified within one school day of allegations that are serious or involve repeated conduct, and shall be allowed to participate in any informal and/or formal investigation proceeding involving their child, as well as in resolution proceedings.
(C) If either the victim or the accused is a disabled student receiving special education services under an IEP or section 504/Americans with Disabilities Act accommodations, the committee on special education will be consulted to determine the degree to which the student's disability either caused or is affected by the discrimination or policy violation. In addition, due process procedures required for persons with disabilities under state and federal law shall be followed.
(D) If a complaint received by the Principal or the Title IX Coordinator contains evidence or allegations of serious or extreme harassment, such as employee to student harassment, criminal touching, quid pro quo (e.g., offering an academic or employment reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person, the complaint shall be referred promptly to the Superintendent.
(E) In addition, where the Principal or the Title IX coordinator has a reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately notify the Superintendent, who shall then contact appropriate child protection and law enforcement authorities. Where criminal activity is alleged or suspected by a District employee, the accused employee shall be suspended pending the outcome of the investigation, consistent with all contractual or statutory requirements.
(F) The Principal or Title IX coordinator should investigate a complaint in accordance with the following:
(1) Interview the victim and document the conversation.
(2) Instruct the victim to have no contact or communication regarding the complaint with the alleged harasser.
(3) Ask the victim specifically what action he/she wants taken in order to resolve the complaint.
(4) Refer the victim, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.
(5) Review any written documentation of the harassment prepared by the victim; however if the victim has not prepared written documentation, instruct the victim to do so, providing alternative formats for individuals with disabilities and small children, who have difficulty writing and need accommodation.
(6) Interview any witnesses to the complaint, obtain a written statement from each witness (if appropriate), and caution each witness to keep the complaint and his/her statement confidential.
(7) Review all documentation and information relevant to the complaint.
(8) Interview the alleged harasser regarding the complaint, providing the alleged harasser with an opportunity to respond to the charges in writing.
(9) Inform, warn and instruct the alleged harasser that
(a) if the objectionable conduct has occurred, it must cease immediately,
(b) the alleged harasser is to have no contact or communication regarding the complaint with the victim and to not retaliate against the victim, and he/she will be subject to immediate disciplinary action for any failure to so comply.
(G) Except in cases where the investigation reveals that sexual harassment did occur, and where appropriate, the Principal or Title IX coordinator may suggest mediation as a potential means of resolving the complaint, and/or use appropriate informal methods to resolve the complaint, including but not limited to:
(1) discussion with the accused, informing him or her of the District's policies and indicating that the behavior must stop;
(2) suggesting counseling and/or sensitivity training;
(3) conducting training for the department or school in which the behavior occurred, calling attention to the consequences of engaging in such behavior;
(4) requesting a letter of apology to the complainant;
(5) writing letters of caution or reprimand; and/or
(6) separating the parties.
(H) Upon completion of the investigation, the Principal or Title IX coordinator shall
(1) submit a copy of all investigation and interview documentation to the Superintendent.
(2) Report back to both the victim and the accused, notifying them in writing, and also in person as appropriate regarding the outcome of the investigation and the action taken to resolve the complaint.
(3) Instruct the victim to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
(4) Notify the victim that if he/she desires further investigation and action, he/she may
(a) request a District level investigation by contacting the Superintendent of Schools, and
(b) contact the U.S. Department of Education's Office for Civil Rights and/or a private attorney, and
(c) if a District employee, contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.
(I) If the initial investigation results in a determination that sexual harassment did occur, the Principal or Title IX coordinator shall promptly notify the Superintendent, who shall then take prompt disciplinary action in accordance with District policy, the applicable collective bargaining agreement or state law.
(J) Any party who is not satisfied with the outcome of the initial investigation by the Principal or the Title IX coordinator may request a District-level investigation by submitting a written appeal to the Superintendent within 30 days.
Section 60.8 District-level Investigation and Resolution Procedure
(A) The Superintendent shall promptly investigate and resolve all sexual harassment complaints that are referred to him/her by a principal or Title IX coordinator, as well as those appealed to the Superintendent following an initial investigation by a principal or Title IX coordinator. In the event the complaint of sexual harassment involves the Superintendent, the complaint shall be filed with or referred to the Board President, who shall refer the complaint to a trained investigator not employed by the District for investigation.
(B) The District level investigation should begin as soon as possible but not later than three working days following receipt of the complaint by the Superintendent or Board President. In conducting the formal District-level investigation, the District will use investigators who have received formal training in sexual harassment investigation or that have previous experience investigating sexual harassment complaints.
(C) If a District investigation results in a determination that sexual harassment did occur, prompt corrective action will be taken to end the harassment. Where appropriate, District investigators may suggest mediation as a means of exploring options of corrective action and informally resolving the complaint.
(D) No later than 30 days following receipt of the complaint, the Superintendent (or in cases involving the Superintendent, the Board-appointed investigator) will notify the victim and alleged harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within 30 days following receipt of the complaint.
(E) The victim and the alleged harasser have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings. In addition, victims have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights. Employee victims also have the right to register complaints with the federal Equal Employment Opportunity Commission and the New York State Division of Human Rights. Nothing in this policy shall be construed to limit the right of the complainant to file a lawsuit in either state or federal court.
Section 60.9 Retaliation Prohibited
Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this policy, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.
Section 60.10 Discipline/Penalties
Any individual who violates the sexual harassment policy by engaging in prohibited sexual harassment will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:
(A) Discipline for students may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.
(B) Discipline for employees may range from a reprimand up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.
(C) Penalties for volunteers may range from a warning up to and including loss of volunteer assignment.
(D) Penalties for vendors may range from a warning up to and including loss of District business.
(E) Penalties for other individuals may range from a warning up to and including denial of future access to school property.
Section 60.11 False Complaints
False or malicious complaints of sexual harassment may result in corrective or disciplinary action taken against the complainant.
Section 60.12 Notification and Training
The provisions of this policy shall furnished and implemented as follows:
(A) All students and employees shall be informed of this policy in student and employee handbooks and student registration materials.
(B) A poster summarizing the policy shall also be posted in a prominent location at each school.
(C) All secondary school student body officers shall receive District training about the policy at the beginning of each school year.
(D) All new employees shall receive information about this policy at new employee orientation, and all other employees shall be provided information at least once a year regarding this policy and the District's commitment to a harassment-free learning and working environment.
(E) Principals, Title IX coordinators, and other administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive yearly training on this policy and related legal developments.
(G) Principals in each school and program directors shall be responsible for informing students and staff on a yearly basis of the terms of this policy, including the procedures established for investigation and resolution of complaints, general issues surrounding sexual harassment, the rights and responsibilities of students and employees, and the impact of sexual harassment on the victim.
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SEXUAL HARASSMENT FORMAL COMPLAINT FORM |
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Name of Complainant |
Position of Complainant |
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Date of Complaint |
Date and Place of Incident |
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Name of Alleged Sexual Harasser |
Names of Witnesses (if any) |
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Description of Misconduct |
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Has the Incident been Reported Before? |
If “yes”, State When And To Whom |
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G Yes< |