Lewisburg Area School District Policies	Printable version
248 Unlawful Harassment 248. UNLAWFUL HARASSMENT The Board desires to establish and to maintain a safe, peaceful and positive learning environment, which encourages respect for all individuals. Therefore, harassment by and of school students shall not be tolerated. Administrators, teachers, and staff should be sensitive to indications that students are being harassed and should be prepared to step in and take action, when appropriate. The Board will not sanction any form of unlawful harassment of students by students. The Board encourages students who have been harassed to promptly report such incidents to the designated school personnel. The Board directs that complaints of harassment be investigated promptly, and corrective action be taken when allegations are verified following the guidelines set forth below. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals or retaliation shall occur against anyone who reports alleged harassment, files a complaint of harassment or participates in any investigation of harassment. The term harassment includes, but is not limited to, documented, unsolicited, unwelcome or offensive slurs, demeaning jokes, or other verbal, graphic or physical conduct or negative interaction between individuals relating to an individual's race, color, religion, ancestry, sex, sexual orientation, national origin, age, size, distinguishing characteristics, or handicap/disability, or any conduct that has the effect of unreasonably interfering with a student's ability to learn or which creates an intimidating, hostile or offensive educational environment. Certain behavior can rise to the level of harassment on the first commission. For the purposes of this policy, hazing and bullying shall be considered forms of harassment. Sexual harassment shall consist of unsolicited or unwelcome sexual advances, requests for sexual favors, or other inappropriate speech or physical conduct of a sexual nature when made by any student to another student and when: 1. The recipient of the behavior(s) described above has directly and verbally communicated an objection to that behavior, or 2. Such conduct has the purpose or effect of substantially interfering with the student's school performance or creating an intimidating, hostile or offensive education environment. Examples of sexual harassment include but are not limited to: a. Unwanted advances, touching, or sexually motivated physical conduct. b. Verbal abuse of a sexual nature, graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual, vulgar statements, abusive language, references to sexual activities, or jokes of a sexual nature. c. Pin-ups (including calendars), objects, or graffiti. d. Any other conduct which conforms to any of the conditions enumerated in the definition of sexual harassment. Hazing shall be defined as any action or situation without legitimate purpose, which recklessly or intentionally endangers the mental, emotional, or physical health or safety of a student, or which requires the student to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, or any organization operating under the sanction of or recognized as an organization by the district. This term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, physical restraint, exposure to the elements, forced consumption of any food, alcoholic beverage, drug or other substance, or any other forced activity which could adversely affect the physical or emotional health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment or any other forced activity which could adversely affect the mental health or dignity of the individual or any willful destruction or removal of public or private property. For the purpose of this definition, any activity without legitimate purpose as described in this definition, other than the payment of dues, upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding. Any individual who condones, encourages or permits any activity described in this definition is subject to the provisions of this policy. Bullying shall be defined as intimidation of one person by another without legitimate purpose. It shall include, but not be limited to, instances involving coercion or oppression by the use of force, threats, or intimidation, in any school setting or activity including, but not limited to, school buildings, school grounds, field trips, or school buses. The Board directs the Superintendent or his/her designee to develop building level administrative guidelines appropriate for the developmental stage of the students in the building to protect individuals from harassment and provide a system of review should an allegation of harassment be made. These guidelines will include: 1. Rights and Responsibilities codes for each building which are consistent with district policy. 2. Annual student and staff education concerning those rights and responsibilities. The district shall provide training for students and staff concerning all aspects of unlawful harassment. The district shall annually inform students and staff that unlawful harassment will not be tolerated by means of one or more of the following, as appropriate to the building level: a. Distribution of written policy. b. Publication in handbooks. c. Presentation in the classroom or at an assembly. d. Training sessions. e. Posting of notice/signs. 3. Plans for ameliorating and disciplining behavior when identified. Amelioration should include provision of opportunities for all parties to develop alternative behavior for use in the future. 4. Procedures and contacts for reporting, investigating and resolving incidents. 5. Means of appeal from a determination of harassment. Each staff member shall be responsible to maintain an educational environment designed to be free from all forms of unlawful harassment. Each student shall be responsible to respect the rights of their fellow students and to ensure an atmosphere free from all forms of unlawful harassment. Students shall be informed that they may choose to initially report harassment complaints to: 1. Building principals. 2. Teachers. 3. Counselors. 4. Nurses. 5. Administrators. 6. Other staff members. All employees who receive harassment complaints from a student shall report such to the building principal or his/her designee by the end of the next regularly scheduled school day. Complaint Procedure 1. A student shall report a complaint of harassment, orally or in writing, to the building principal or designee, who shall inform the student of his/her rights and of the complaint process. A counselor, nurse, administrator or other staff member may forward a report of a complaint to the building principal on behalf of a student. 2. The building principal or designee shall conduct a timely, impartial, thorough and confidential evaluation of the complaint. The building principal or designee will determine if an investigation is warranted. In determining whether alleged conduct constitutes harassment, the totality of the circumstances, nature of the conduct and context in which the alleged conduct occurred shall be investigated. A record of the building administrator's evaluation shall be kept on file in the district office until one (1) year following the students' class graduation. 3. If a formal investigation is warranted: a. The building principal or designee shall promptly notify the Superintendent or his/her designee. b. The accused student's parents/guardians must be notified. c. Parents/Guardians must be made aware that their child can be suspended or expelled because of the complaint. d. The complainant's parents/guardians shall be notified unless the student requests confidentiality. In such cases, the administrator shall respect the student's confidentiality unless s/he determines that the health, welfare, or safety of the student or other persons is clearly in jeopardy. e. The complainant and the accused shall be informed that they have the right to be represented by knowledgeable persons, organizations or groups of their selection at any point during the initiation, filing, or processing of a complaint. 4. Upon completion of the investigation, the building principal or designee shall meet with the complainant and provide a verbal summary of the findings. 5. If the investigation results in a substantiated charge of harassment, the district shall take prompt corrective action to ensure the harassment ceases and will not recur. Discipline A substantiated charge against a student in the district shall subject the student to disciplinary action, consistent with the school disciplinary code, which may include suspension and expulsion. In addition, any student found to have violated this policy may be required to participate in educational or training activities and/or counseling as part of any discipline. Determination of the appropriate disciplinary sanctions or educational requirements shall be based upon the circumstances of the individual case, considering the following factors, among others: the nature of the behavior, effect on the victim or victims, and intent of the perpetrator. Provocation by the complainant will be examined and dealt with separate from the complaint of harassment. Each individual will be held accountable for his/her own behavior. Given the nature of harassment, the Board recognizes that false accusations can have serious effects on innocent people. Therefore, false accusation can result in action consistent with the disciplinary code. Records of any substantiated incident of harassment shall be maintained by the Compliance Officer until one (1) year following the students' class graduation. Retaliation toward/by the complainant or accused will not be tolerated. Retaliation will result in discipline consistent with the district's disciplinary code. Appeal Procedure 1. If the complainant or accused is not satisfied with the administrator's decision, s/he may file a written appeal to the Superintendent or his/her designee. 2. The Superintendent or his/her designee shall review the initial evaluation and/or investigation and report and may also conduct a reasonable investigation. S/He will meet with the complainant and provide a verbal summary of the findings. References: State Board of Education Regulations – 22 PA Code Sec. 5352 Pennsylvania Human Relations Act – 43 P.S. Sec. 951 et seq. Federal Anti-Discrimination Law – 20 U.S.C. Sec. 1681 et seq. (Title IX) Harassment Regulations and Guidelines Code of Federal Regulations – 29 CFR Sec. 1604.11(a), 1606.8(a) Office for Civil Rights – Revised Sexual Harassment Guidance: Harassment of Students By School Employees, Other Students, or Third Parties Board Policy – 103, 218, 219, 233, 235