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Lyme
School Board
Policy Manual
Policy: GAABA-3
Sexual Harassment
I. General Statement of Policy
The School District recognizes sexual harassment to be a form
of sex discrimination which is against the law. It is the policy
of the District to provide a learning and working environment
which promotes respect of the dignity and worth of all its members
and which is free from sexual harassment.
All members of the District are expected to contribute to an environment
free of sexual harassment. It shall be a violation of this policy
for any student or employee of the District to harass a student
or employee through conduct or communication of a sexual nature
as defined by this policy.
The District takes seriously and will respond to any complaint
of sexual harassment. The District recognizes that there are different
levels of intervention and response to complaints of sexual harassment.
The purpose of taking action is 1) to stop behavior which is offensive
to an individual and to the school community; and 2) to educate
the individual and the school community.
This policy is in effect for all school-sponsored events and applies
to all employees and students of the District. It also applies
to behavior by non-school personnel toward employees and students
on school ground, in school facilities, on school busses, and
at school-sponsored events.
The District is committed to implementing this policy by training
staff, by educating students of all ages, by publicizing procedures
for responding to sexual harassment and by taking appropriate
action.
II. Sexual Harassment Defined
A. Sexual harassment consists of unwelcome sexual advances, requests
for sexual favors, sexually motivated physical conduct, or other
verbal, written, or physical conduct or communication of a sexual
nature made by any employee to a student, made by any employee
to another employee, or made by any student to another student
or to an employee when:
1. Submission to such conduct or communication
is made, either explicitly or implicitly, a term or condition
of retaining employment or of obtaining an education; or
2. Submission to or rejection of such conduct or communication
by an individual is used as a factor in decisions affecting that
individual’s employment or education; or
3. Such conduct or communication has the purpose or effect of
substantially or unreasonably interfering with an individual's
employment or education, or creating an intimidating, hostile,
or offensive employment or education environment.
B. Sexual harassment can include but is not limited
to:
1. verbal abuse or harassment;
2. pressure for sexual activity, either subtle or explicit;
3. unwelcome touching;
4. sexually suggestive or obscene written or visual material publicly
displayed or directed at another;
5. intentional brushing against another person's body;
6. suggestions or demands for sexual involvement accompanied by
implicit or explicit threats concerning an individual's employment
or educational status;
7. suggestions or demands for sexual involvement accompanied by
implicit or explicit promises of preferential treatment with regard
to an individual's employment or educational status.
III. Responding to Sexual Harassment:
A person who feels he/she has been the victim
of sexual harassment by a student or an employee of the District
has the following options:
He/she may communicate directly to the offender that his/her
conduct is unwelcome, offensive, in poor taste, and/or inappropriate.
If a person feels uncomfortable confronting an offender, he/she
is invited to bring the situation to the attention of another
member of the school community. A student should consider
discussing the incident with an adult such as a teacher, guidance
counselor, principal, or parent.
A person may choose to report the alleged acts to the School
District official designated by the procedures which accompany
this policy. A report will result in a formal investigation
of the incident. The purpose of an investigation is to determine
whether the offending behavior falls within the definition
of sexual harassment and whether disciplinary action is warranted.
In determining what action should be taken when sexual harassment
occurs, the School District will consider the surrounding
circumstances, the nature of the sexual advances, the relationships
between the parties involved, the ages of the parties involved,
and the context in which the alleged incident(s) occurred.
The School District will handle all complaints with the utmost
discretion and will act to ensure that due process is followed.
A complaint or report of sexual harassment submitted in good
faith will not affect the complainant's future employment,
or, in the case of students, grades or educational opportunity.
When an instance of sexual harassment is suspected to be sexual
abuse, it shall be reported to the appropriate state agency,
as required by law.
IV. School District Action
When a complaint of sexual harassment is determined valid,
the School District will take action based on the results
of the investigation.
1. A substantiated charge against an employee
may result in disciplinary action up to and including suspension
or dismissal as consistent with due process procedures.
2. A substantiated charge against a student may result in disciplinary
action up to and including suspension or expulsion consistent
with due process procedures.
V. Reprisal
The School District will discipline any individual who retaliates
against 1) any person who in good faith reports alleged sexual
harassment or 2) any person who testifies, assists, or participates
in an investigation, proceeding or hearing relating to a sexual
harassment complaint. Retaliation includes, but is not limited
to, any form of intimidation, reprisal, or harassment.
VI. Non-Harassment
The School District recognizes that not every advance or comment
of a sexual nature constitutes harassment. Whether a particular
action or incident is sexual harassment requires a determination
based on all the facts and surrounding circumstances. A false
accusation of sexual harassment can have a serious detrimental
effect on innocent parties. An intentionally false charge
will be treated as a serious offense and will result in disciplinary
action.
VII. Right to Alternative Complaint Procedures
This policy does not deny the right of any individual to pursue
other avenues of recourse provided by statute under applicable
law.
ADOPTED: 10 October 1996
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