4120 - Discrimination and Harassment student


I. PHILOSOPHY

The Piute School District Board of Education is committed to fair and equal practices in all aspects of the school society and educational opportunities, rewards and penalties, grades and credit, and in all other components of the education community.
Segregation and/or discrimination against any individual or group, regardless of country of origin, race, color, creed, sex, age, mental or physical disability, will NOT be tolerated. Harassment in any form, under any abuse of said individual or group is PROHIBITED. Such inappropriate conduct will be cause to subject the perpetrator/s to disciplinary action including, but not limited to, reprimand, probation, suspension, expulsion, or other measures determined to be appropriate by the principal, discipline committee, superintendent or the Board.
The Board's discrimination and harassment policy will be strictly enforced.
Piute School District recognizes the right every individual associated with the schools-­student, employee, volunteer, visitor--to a safe, harassment-free environment. It will be the responsibility of school and district administrators to investigate and act upon the report of
infringement upon the rights of any individual or group and take prompt and appropriate disciplinary action when warranted.

II. LAW

Title VI of the 1964 Civil Rights Act.
Title VII of the 1964 Civil Rights Act, as amended by the
Equal Employment Opportunity Act of 1972 and the Civil Rights Act of 1991 The Equal Pay Act of 1963 as amended by the Education Amendments of 1972 Title IX of the 1972 Education Amendment
Section 504 of the Rehabilitation Act of 1973 
Americans with Disabilities Act of 1990 
Executive Order 11246 as amended by 11375 
Governor's Executive Order of 1993 (signed 03/17/93) Utah Anti-Discrimination Act Utah Code 53A-11-901 et.

III. DEFINITIONS
The following terms that may be used in this policy will be understood to mean:

1.abuse (n): physical maltreatment (kicking, biting, punching, etc.) language that condemns, slanders, maligns, disgraces, embarrasses, belittles, attacks another's reputation, morals, origin, etc.
abuse (v)• to mistreat physically, sexually, verbally; to use force or to use one's position to bring about another's submission; to intimidate, coerce, threaten, ridicule, bully, belittle, insult, embarrass, offend, proposition, or otherwise cause another pain and/or emotional distress resulting from such abuse
2.assault: a threat or attempt to cause bodily contact; physical or verbal attack; an attempt to subjugate one to the attacker's demands against the victim's wishes.
3.discrimination: the act or practice of treating an individual or group differently from another; distinguishing and obvious treatment (or mistreatment) of an individual or group that is a departure from the normal or usual procedure; to perceive an individual or group as opportunities, and/or choices afforded others in similar circumstances; may be overt or silent disregard; to ignore or reject
4.harassment: persistent annoyance; conduct that has the purpose or effect of unreasonably interfering with an individuals study, performance, grades, security, and/or emotional well-being; any act --physical, verbal, visual - that harms or causes an individual to feel threatened, intimidated, fearful obviously treated differently from the others.
sexual harassment: unwelcome sexual advances, requests for sexual favors; any action or interaction that is sexual in nature; that is repeated, unwanted, unsolicited, non-reciprocal, coercive, intimidating, unwelcome, demeaning, derisive, or without mutuality; action that involves harassing behaviors (see below [a.] and SCOPE N harassing conduct (page 6)
a. sexually harassing behaviors may be identified in at least three categories:
1.  Visual: constant obvious staring (making object of stares feel uncomfortable/threatened); offensive signs and gestures; open display of pictures, posters, cartoons, figurines, and/or other pornography; and other offensive materials; sexual exhibitionism, lewdness
2.  Verbal: uninvited sexual teasing, remarks or questions; stereotypes; offensive sexual jokes, derogatory comments or sexually degrading descriptions, sexual suggestions; sexual innuendoes; comments about the body/body parts; explicit propositions; requests for sexual favors; promises of preferential treatment in exchange for sexual favors, uninvited letters or telephone calls of sexual nature; foul or obscene language; sexually-oriented kidding, teasing or practical jokes
3. Physical: uninvited and deliberate touching; cornering; leaning over or blocking of another's normal movement; patting; squeezing; pinching; intentional brushing against another's body; fondling; touching which is offensive; forced sexual assault, and/or rape; stalking. Such
harassing behaviors by school employees/ volunteers/ administrators toward students is prohibited.
b. types of sexual harassment:
1. The power to coerce: will not get an education without submission to offensive conduct: will receive poor or failing grades; will be denied opportunity to participate in school clubs, teams, or other programs; will have honors withheld
The power to reward: difference in treatment or favor on a basis other than individual merit; award unearned grades/ credits/honors; provide
2. Participation opportunities or other privileges in return for submission to offensive conduct
3. Creation of hostile environment where unwelcome sexual behavior (obscene jokes, sexual innuendoes, pornographic displays, etc.) makes the academic environment offensive, hostile, intimidating, or that unreasonably interferes with an individual's educational performance
5. Nondiscriminatory: showing no discrimination (see definition of DISCRIMINATION above) toward any individual or group in treatment or practice or in the environment in which they function; treating fairly and equally.
6. reprisal/retaliation: consequences of one's refusal to submit to the requests and/or demands of another that result in his/her academics being adversely affected (loss of credits, failing grades, threatened graduation, discrediting, etc.) an unlawful use of position to avenge or punish one for his/her refusal to consent/submit to unwanted advances. Acts of reprisal may be implicit or explicit and may take many forms, such as:
1)Open hostility to the individual, to witnesses, or others involved
2)Exclusion/ostracism of the individual, witnesses, or others involved
3)Creation of or the continued existence of a hostile environment (4) Gender based negative remarks about the individual that are repeated and malicious
4)Special attention to or assignment of the individual or others involved to undesired talks or situations
5)Tokenism or patronizing behavior that embarrasses or calls unwanted attention to
6)Discriminatory treatment 
7)Subtle harassment; or
8)Unreasonable time restrictions in preparing complaints or compiling evidence of sexual acts of reprisal of any kind or degree are unlawful and will subject the perpetrator to disciplinary action by the Board or designees of the Board.
7. segregation: One form of discrimination (see DISCRIMINATION above) in which an individual or group is restricted from participating in the opportunities afforded others or is denied the privileges enjoyed by others in-class, workplace, activity, etc.; denying an individual or group equal and fair treatment by excluding them.

Additional Terms

The school environment (or educational environment) will be understood to be the classrooms, buses, or other school approved transportation, offices, buildings and /or grounds of any educational facility or services related to such facility (maintenance shops, bus barns, warehouses, etc.); the site of any school activity properly authorized by any officially recognized school club, team, or organization.
The educational society (or academic society) will include students, teachers, administrators, support staff (hourly and salaried personnel) hired by the district to perform duties related to the operation and management of all educational facilities. The educational society also includes authorized school volunteers, Board members and District personnel.
Additional definitions may be found in Piute School District Safe Schools and Appropriate Conduct Policy #4091/A.

IV. SCOPE

This policy -- interpretation, implication, administration -- shall apply to all members of the academic community and educational environment including students, teachers, support staff, authorized volunteers, and administrators of the various schools and the district.
Any act of discrimination or harassment directed at any student is prohibited whether:
1. student by another student/students
2. student by teacher/ staff/ authorized volunteer/ administrator/ visitor to school environment (see definition of school environment in this policy)

Also prohibited is any act of harassment by a student against a teacher, administrator, school or district employee, authorized volunteer, or visitor in the school environment. Prohibited acts include, but are not limited to, damage to personal property, destructive or threatening behavior, vulgar or obscene language/ writing/ pictures, physical injury, rape, or other actions that may be disruptful, harmful, violent or unlawful.

Violators of the Discrimination and Harassment Policy shall be subject to corrective or disciplinary action which may include but is not limited to, reprimand, exclusion from school functions, denial of social privileges and team participation; home study, suspension, or expulsion from school. Criminal charges may be brought by law enforcement agencies in cases of sexual abuse, forced sexual assault, physical injury, rape, or other serious actions that are against local, state and federal criminal laws.
Reprisals are prohibited against any person who opposes a practice that is forbidden under this policy or who has filed a charge, testified, assisted in an investigation, proceeding or hearing under this policy.

Conduct is considered to be harassment when:
  1. Submission is made, either expressly or by implication, a term or condition of one's education.
  2. Submission to, or rejections of, such conduct is used as the basis for an educational decision affecting an individual.
  3. The conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or of creating an intimidating, hostile, or offensive environment or of adversely affecting an individual's performance or any other condition of academic development or educational program.
  4. Submission to, or rejection of, the conduct is used as the basis for any decision affecting the individual regarding benefits, services, honors, assignment, programs, credits and grades, or activities available through the individual's educational institution.
  5. Submission to, or rejection of, the conduct is used to threaten the student or to discredit the student.

V.    COMPLAINT PROCEDURE

Individuals affected by discrimination or harassment (sexual or other forms of harassment) are afforded avenues for filing complaints which are free from bias, collusion, intimidation or reprisal.

A.    Individuals who feel they are being subjected to discrimination or harassment should do the following:
Continue to report to school
Verbalize disapproval of the action to the perpetrator
Demand that the action cease
a.    If one feels unable to address the perpetrator, a intermediary may be assigned.
b.    Advise perpetrator that further harassment/discrimination will result in charges being filed.
c.    Perpetrator must understand that there can be no reprisals against the accuser or any person who acts in behalf of the accuser against the perpetrator.

Document in the occurrence/occurrences (documentation should be in writing when practicable and should include as much detail as is reasonable under the circumstances)
Identify a witness, if possible or available

B.    Individuals alleging discrimination or harassment are encouraged to use internal complaint procedures. A complaint may be submitted in accordance with the district's approved complaint procedure directly to the principal (or designee) or the supervisor or advisor to the group or the activity, Superintendent (or designee), to Piute School District Board of Education, to the DHRM (Division of Human Rights Management) or the UADD (Utah anti-discrimination Division). 
  1. Complaints may be submitted by any individual, witness, volunteer, other employee, or student
  2. Complaints may be submitted if behaviors occurred at any site of any school activity authorized by any officially recognized school club, team, or organization
  3. Complaints may be filed regardless of whether or not the behavior occurred in or out of school if it results in a hostile school environment
  4. Complaints may be made through either verbal or written notification and shall be handled in compliance with confidentiality and guidelines
  5. Any school administrator or supervisor of school-related personnel who has knowledge of discrimination practices or offensive harassment behavior of a sexual nature shall take prompt, appropriate action. If administrator or supervisor fails to take timely action to correct the situation, he may be subject to corrective or disciplinary action. All action on complaints shall be fully, accurately documented.
  6. If the complaint is lodged against a supervisor or administrator, the Piute School District Board of Education would investigate the complaint and take appropriate action. If outside agencies are required to investigate, the Board would contract with the appropriate investigative agency.
  7. Any complaint of discrimination or harassment, sexual or other, shall be acted upon through a timely investigation following receipt of the complaint
  8. If an immediate investigation by the agency is not warranted, a meeting shall be held with the complainant, the school or district administrator, and others as appropriate to communicate the findings and the resolution of the complaint.
  9. A meeting shall also be held with the person charged with the harassment, the school or district administrator, and others as appropriate for the purpose of hearing the accused's account of the incident and advising him/her of the possible consequences.    
  10. The accused shall not contact the complainant regarding allegations of harassment or discrimination once a complaint has been filed. However, contact could be made in a formal appeal hearing.
  11. Malicious or frivolous complaint of discrimination, sexual harassment or other harassment may result in corrective or disciplinary action against the accuser.

VI.    INVESTIGATIVE PROCEDURE

The investigative procedures shall allow for the complainant to request to file a complaint with an investigator of a specific gender or agency.

A.    Preliminary review:
  1. The administrator or designee shall initiate a preliminary review.
  2. Based upon findings and recommendations of the preliminary review process, complainants, witnesses, volunteers or other students or school personnel may seek resolution of discrimination/harassment complaints by utilizing one or more of the following options:
    1. A. seek to resolve issues with the accused.
    2. B. consult with the alleged harasser's school or district administrator, or the Superintendent
  3. in an attempt to resolve the issue.
  4. Agreements toward resolution of the discrimination/harassment shall be documented in writing with all parties receiving copies.
  5. Any attempt toward resolution must include, as applicable, corrective action which may include a letter of warning to the accused filing notice of the district's discrimination/harassment policy, specifying the nature of the complaint, penalties for violations of the policy and warnings against reprisals of any nature and degree.
  6. If information is received that any student or school personnel refuses to comply with the agree upon resolutions, or if the offensive behavior continues, a formal investigation shall be initiated by competent investigators in a timely manner following notice of non-compliance.
  7. If the review reveals the accusations are unfounded, this information shall be documented, the review terminated, and all parties involved notified.
  8. If the review results in findings of a bad faith/false claim, the person filing such shall be subject to corrective or disciplinary action.
B.    Formal investigation:
A formal investigation shall be initiated by the district's appointed investigators in a timely manner upon receipt of a complaint of discrimination/harassment.
The district's administration may initiate a formal administrative review into the discrimination/harassment allegation. The formal investigation may be conducted through the district's administrative procedure and/or investigative team.
  1. All findings shall be reported to the Superintendent in writing.
  2. An investigative team shall be impartial -and shall be composed of a minimum of two individuals, preferably male and female, who are competent, impartial and knowledgeable in the discrimination/harassment investigative process.
  3. The investigative team shall conduct an independent investigation into sexual harassment allegations.
  4. If the investigation reveals that disciplinary action is warranted, the Superintendent or designee shall take appropriate corrective or disciplinary action.
  5. If an investigation reveals evidence of criminal conduct in sexual harassment allegations, the administrator may refer the matter to law enforcement, the Utah Anti-Discrimination Division, State Office of Education or the County Attorney, as appropriate.
  6. If the investigation reveals the accusations are unfounded, this information shall be documented, the investigation terminated and all parties involved notified in writing.
  7. If the investigation results in findings of a malicious, frivolous, bad faith or false claim, the individual filing the claim may be subject to corrective or disciplinary action.

VII. RECORDS

A. A separate confidential record of all sexual harassment complaints shall be maintained and stored in the district's Human Resource files. Records shall be kept for:
A-1 minimum of one year following successful resolution of a complaint processed through the preliminary review, but may be filed for a longer period.
A-2 A minimum of three years following successful resolution of a formal administrative and/or investigative proceeding, but may be filed for a longer period.
B. Separate files related to sexual harassment complaints shall not be kept in the school office, but shall be secured in confidential personnel files in the district office.
C. All information contained in the sexual harassment confidential file shall only be released by the Superintendent when in compliance with the requirements of state and federal law and district policy.
D. Information contained in the complaint file shall be classified as protected pursuant to requirements of state and federal law and district policy.
E. Participants in any sexual harassment proceeding shall treat all information as confidential.
F. Final disposition of sexual harassment cases shall be disseminated in writing to all parties involved.
G. Final disposition of sexual harassment cases might not be disseminated to the public but may be in some cases pursuant to state law. Names of involved parties should be protected from the public where possible. The disposition of all sexual harassment cases will be kept in the district confidential personnel files.
H. Files of discrimination and harassment proceedings, other than sexual harassment cases, shall be treated with confidentiality, filed for a minimum of one year, and released only in accordance with district/legal procedure.

A copy of the district Discipline and Harassment Policy #4120 shall be made available to each student or the student's legal guardian.
*Revised March 1999

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