Oregon-Davis School Corporation
Administrative Guidelines
 

5517 - ANTI-HARASSMENT

These guidelines are established to assist in the proper implementation of Policy 5517.

Notice of the School Board's anti-harassment policy shall be posted throughout the School Corporation, published in any Corporation statement regarding the availability of educational services, in all student handbooks, and in general information publications of the Corporation as required by Federal and State law and this policy

Prohibited Behavior

 

A.

Conduct constituting sexual harassment may take different forms, including, but not limited to, the following:

   
 

1.

Verbal:

   
 

The making of offensive written or oral sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, threats, or propositions toward or by a fellow staff member, student, or other person associated with the Corporation, or third parties.

   
 

2.

Nonverbal:

   
 

Causing the placement of offensive sexually suggestive objects, pictures, or graphic commentaries in the school environment or the making of offensive sexually suggestive or insulting gestures, sounds, leering, whistling, and the like to or by a fellow staff member, student, or other person associated with the Corporation, or third parties.

   
 

3.

Physical Contact:

   
 

Threatening or causing unwanted touching, contact, or attempts at same, including patting, pinching, brushing the body, or coerced sexual activity with or by a fellow staff member, student, or other person associated with the Corporation, or third parties. With respect to students, the question of whether or not physical contact is unwanted or consensual is irrelevant where such contact is engaged in by Corporation employees or other adult members of the Corporation community.

     
 

B.

Conduct constituting harassment on the basis of race, color, national origin, religion, disability, or genetic information may take different forms, including, but not limited to, the following:

   
 

1.

Verbal:

   
 

The making of offensive written or oral innuendoes, comments, jokes, insults, threats, or disparaging remarks concerning a person's race, color, national origin, religious beliefs, disability, or genetic information.

   
 

2.

Nonverbal:

   
 

Placing offensive objects, pictures, or graphic commentaries in the school environment or making insulting or threatening gestures based upon a person's race, color, national origin, religious beliefs, disability, or genetic information.

   
 

3.

Physical:

   
 

Any intimidating or disparaging action such as hitting, pushing, shoving, hissing, or spitting on or by a fellow staff member, student, or other person associated with the Corporation, or third parties, based upon the person's race, color, national origin, religious beliefs, disability, or genetic information.

   
 

C.

Examples of inappropriate boundary invasions include, but are not limited to the following:

   
 

1.

hugging, kissing, or other physical contact with a student

   
 

2.

telling sexual jokes to students

   
 

3.

engaging in talk containing sexual innuendo or banter with students

   
 

4.

talking about sexual topics that are not related to curriculum

   
 

5.

showing pornography to a student

   
 

6.

taking an undue interest in a student (i.e. having a "special friend" or a "special relationship")

     
 

7.

initiating or extending contact with students beyond the school day for personal purposes

   
 

8.

using e-mail, text-messaging, websites, or other social media services to discuss personal topics or interests with students

 

 
 

9.

giving students rides in the staff member's personal vehicle or taking students on personal outings without administrative approval

   
 

10.

invading a student's privacy (e.g. walking in on the student in the bathroom, locker-room, asking about bra sizes or previous sexual experiences)

   
 

11.

going to a student's home for non-educational purposes

   
 

12.

inviting students to the staff member's home without proper chaperones (i.e. another staff member or parent of student)

   
 

13.

giving gifts or money to a student for no legitimate educational purpose

   
 

14.

accepting gifts or money from a student for no legitimate educational purpose

 
 

15.

being overly "touchy" with students

   
 

16.

favoring certain students by inviting them to come to the classroom at non-class times

   
 

17.

getting a student out of class to visit with the staff member

   
 

18.

providing advice to or counseling a student regarding a personal problem (i.e. problems related to sexual behavior, substance abuse, mental or physical health, and/or family relationships, etc.), unless properly licensed and authorized to do so

   
 

19.

talking to a student about problems that would normally be discussed with adults (i.e. marital issues)

   
 

20.

being alone with a student behind closed doors without a legitimate educational purpose

   
 

21.

telling a student "secrets" and having "secrets" with a student

Investigation and Complaint Procedure

In determining whether alleged conduct constitutes a violation of Policy 5517, the following factors will be considered:

 

A.

the nature of the behavior;

   
 

B.

how often the conduct occurred;

   
 

C.

whether there were past incidents or past continuing patterns of behavior;

   
 

D.

the relationship between the parties involved;

   
 

E.

the race, color, national origin, sex, religion, age and/or disability of the victim, and in case of genetic information harassment, the genetic information of the student victim;

   
 

F.

the identity of the perpetrator, including whether the perpetrator was in a position of power over the person allegedly subjected to harassment;

   
 

G.

the number of alleged harasser(s);

   
 

H.

the age of the alleged harasser(s);

   
 

I.

where the harassment occurred;

   
 

J.

whether there have been other incidents in the school involving the same or other individuals;

   
 

K.

whether the conduct adversely affected the personís work or education performance or environment;

     
 

L.

the context in which the alleged incidents occurred; and

   
 

M.

whether or not speech or expression that is alleged to constitute harassment is protected by the First Amendment to the United States Constitution.

Whether a particular action or incident constitutes a violation of Policy 5517 requires a determination based on all the facts and surrounding circumstances.

© Neola 2015