It is the policy of the School Board to create and enhance an environment in the District where diversity and human differences are respected, where the learning, work and interactive environment among students and the District staff personnel is positive, accepting, safe and free from discriminatory behavior, harassment and, abuse. To that end, discrimination and harassment of or by any person, whether employee or student, of the District is forbidden.

Accordingly, it is impermissible for any employee and/or student to discriminate against any other employee, student, and/or applicant for employment or student admission for any reason such as, without limitation, on the basis of one's race, color, sex, age, religion, disability, genetic information, national origin, ethnicity, ancestry, pregnancy, political affiliations, and/or marital status. This shall include wrongfully isolating, segregating, classifying, limiting, treating differently, hiring, firing, and evaluating any employee and/or student on the basis of the referenced classifications.

It is the policy of the Board to prohibit, throughout the District, sexual harassment of and sexual misconduct toward any employee and/or student whether such misconduct involves employee-to-employee, employee-to-student, student-to-student, student-to-employee misconduct as well as misconduct involving employees or students and persons not employed by the District. It is fully recognized by the Board that the District's goal is to encourage and promote a healthy academic and work setting free from sexually intimidating, harassing and degrading behaviors that create a hostile environment that injures not only trust and self-esteem, but also reduces the ability and/or desire to perform, achieve and realize one's potential.

Therefore, it is the policy of the Board, in conjunction with its stated diversity objectives, to expand its sexual harassment/misconduct policy to encompass a ban against harassment and misconduct toward any employee, applicant for employment, student, and/or applicant for student admission for any reason such as, without limitation, because of his/her race, color, sex, age, religion, disability, national origin, ethnicity, ancestry, pregnancy, political affiliations, and/or marital status.

In the areas of sexual harassment and sexual misconduct, such conduct shall consist of gender oriented misconduct, including any misconduct based on sexual orientation and gender identity and discriminatory actions related thereto, unwanted sexual advances, requests for sexual favors, or inappropriate physical contact or verbal and/or written comments or behaviors that serve to create an intimidating, hostile, offensive or abusive work or school environment, including behaviors that physically threaten any employee or student or in anyway interfere with the ability to perform one's job, receive an education, or participate in District activities and programs.

Similarly, such principles shall apply to the other protected categories referenced above, without limitation. Therefore, harassing or other forms of misconduct including physical contact, inappropriate verbal and/or written comments or behaviors directed toward another because of his/her race, color, sex, age, religion, disability, national origin, ethnicity, ancestry, pregnancy, political affiliations, and/or marital status that serves to create an intimidating hostile, offensive, or abusive work or school environment, including behaviors that physically threaten any employee, applicant for employment, student, and/or applicant for student admission in the manner described above, is hereby prohibited.

Any employee, volunteer, or other person, who engages in or knows or should have known of any such misconduct as addressed above and fails to report it, shall be subject to disciplinary action up to and including termination as recommended by the Superintendent. The reporting of a complaint or of any misconduct of the kind addressed above will not affect any employee's or applicant's status or the terms and conditions of his/her employment including work assignments, or opportunity to participate in the District's activities; however, knowingly filing a false allegation or making false statements during any investigation or inquiry is prohibited and is subject to discipline.

Similarly, any student who engages in any misconduct or knows of any such misconduct as addressed above shall be subject to disciplinary action up to and including expulsion in accordance with the Florida statutes, Florida Administrative Code and the District's Code of Student Conduct. The reporting of a complaint or of any misconduct will not adversely affect a student's grades, status, or extra-curricular activities; however, knowingly filing a false allegation or making false statements during any investigation or inquiry is prohibited and is subject to discipline.

The reporting of any misconduct will be done through a reporting/grievance procedure. Employees and students will follow separate procedures with separate contact persons. The Superintendent shall develop and implement a reporting and complaint procedure for District employees and applicants for employment to file confidential complaints and report misconduct. The procedure shall include a committee-based appeals procedure to permit an employee found having engaged in wrongful conduct to have his/her case appropriately reviewed.

All complaints of harassment involving a District employee or any other adult member of the School District community against a student will be formally investigated.

With respect to students, the confidential reporting and complaint filing procedure shall include the specific appeals procedure. At each school the principal or the principal's designee is responsible for receiving complaints alleging violations of this policy. All school employees are required to report alleged violations of this policy to the principal or the principal's designee. All other members of the school community, including students, parents/legal guardians, volunteers, and visitors are encouraged to report any act that may be a violation of this policy, whether in person or anonymously. Such school community members are encouraged to report such misconduct personally to assist in the prompt review of the information received. The person reporting will be protected against any retaliatory act, or any act taken that could be reasonably construed as retaliatory, because of the reporting of misconduct as provided for in this policy.

The Board reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy or in such other manner as deemed appropriate by the Board or its designee.

The Superintendent shall implement a program for educating and training employees and students with respect to this policy and the appropriate procedures.

F.S. 110.1221, 760.01, 760.10, 1000.05
42 U.S.C. 2000d et seq.
42 U.S.C. 2000e et seq.
29 U.S.C. 621 et seq.
29 U.S.C. 794
29 U.S.C. Part 1635
42 U.S.C. 12101 et seq.
20 U.S.C. 1681 et seq.
42 U.S.C. 1983
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
National School Boards Association Inquiry and Analysis - May 2008

Revised 12/10/09
Revised 11/18/10
Revised 1/10/12