Lewisburg Area School District Policies
  Lewisburg Area School District Policies
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348
Sexual Harassment

348. SEXUAL HARASSMENT

The Board of Directors of the Lewisburg Area School District recognizes its responsibility to establish and to maintain an educational climate and working environment free from sexual harassment.Sexual harassment is illegal and prohibited. This policy addresses sexual harassment by/of school community members. The Board directs the Superintendent todevelop administrative guidelines that will protect individual rights and provide a system of review should an allegation of sexual harassment be made.
School community members consist of Board members, administrators, professional and support personnel, students, community members, vendors, and any other having business or contact with the School District.
Sexual harassment is unsolicited/unwelcome sexual attention, speech, or conduct which has a negative impact on the victim's work or on the school environment.
Sexual harassment shall consist of unsolicited/ unwelcome sexual advances, requests for sexual favors, and other inappropriate speech or physical conduct of a sexual nature when made by any school community member to another and when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, or when
2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual, or when
3. Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or of creating an intimidating, hostile, or offensive employmentor education environment. Other examples of sexual harassment include but are not limited to:pressure for sexual activity, unwelcome touching,repeated sexually demeaning remarks, graphic verbal commentaries about an individual's body, any offensive display of sexually suggestive objects or pictures, comments or signals to or about the person or about the person's love life,sex life, or sexual orientation, suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's job, salary, grade, etc..
The District shall act immediately and without bias or prejudice to investigate alleged sexual harassment claims and to effectively remedy them. Any person who alleges sexual harassment by any school community member may complain directly to his/her immediate supervisor, building principal, guidance counselor, teacher, or other individual designated to receive such complaints. Filing of a complaint or otherwise reporting sexual harassment will not reflectupon the individual's status nor will it affect futureemployment, grades, evaluations, or work assignments.Nor will any of those rights of the accused be affected or denied until any charge is substantiated.
The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the District's legal obligations and with the necessity to investigate allegations of misconductand to take corrective action when this conduct has occurred.
When the complainant or accused is a student, parents/guardians must be informed of the complaint immediately.
A substantiated charge against a staff member in the District shall subject such staff member to disciplinary action, which may also include discharge. In addition, any employe found to have violated this policy may be required to participate in educational or training activities, counseling, or mediation as a condition of continued employment. Determination of the appropriate disciplinary sanctions or educational or conciliatory requirements shall be based upon the circumstances of the individual case, considering the following factors among others: severity of the misconduct; pervasiveness or persistence of the misconduct; effect on the victim or victims; perpetrator.
A substantiated charge against a student in the District shall subject that student to disciplinary action 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 imposed. 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: severity of the misconduct; pervasiveness or persistence of the misconduct; effect on the victim or victims; intent of the perpetrator.
A substantiated charge against any other school community member will be handled in accordance with the advice of the District's solicitor.
Given the nature of sexual harassment, the District recognizes that false accusations can have serious effects on innocent people. Therefore, false accusations will result in the same severe disciplinary action applicable to one found guilty of sexual harassment. The complainant and the accused 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 grievance.
Retaliation toward/by the complainant or accused will not be tolerated. Retaliation will result in the same severe disciplinary action applicable to one found guilty of sexual harassment.
A written report of the incident/investigation will be given to those involved and filed with the District's Title IX Officer.