Harassment of staff (including those who volunteer their services) or applicants for employment is prohibited, and will not be tolerated. This includes inappropriate conduct by any person in the school environment, including other employees, Board members, parents, guests, students, contractors, vendors and volunteers. It is the policy of the District to provide a safe, positive work environment free of harassment for all of its staff.

Harassment is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a staff member’s ability to perform his/her job. This would include harassment based on any of the legally protected characteristics, such as sex, race, color, national origin, religion, age, height, weight, marital status or disability. This policy, however, is not limited to these legal categories and includes any improper harassment that would negatively impact a staff member. This would include such activities as stalking and unwelcomed taunting, teasing or intimidation.

See Board Policy 4362 for the full policy statement.

The harassment policy shall be posted in each building and shall be discussed with staff each fall. The building principal or department director shall be responsible for determining the timing and nature of the presentation, and shall keep a record of when and how it was completed.

Complaint Coordinators will be designated by the Superintendent to investigate complaints of harassment. The Coordinators will generally be individuals who are available during the school/work day. Care should taken to appoint more than one Coordinator to allow for prompt investigations and to allow complainants to be comfortable during this investigation. These individuals’ names will be posted with the policy in each district building and all students, staff, supervisors and administrators will be advised of the current Coordinators each fall during, at, or near the beginning of the school year.

Any one who receives a complaint shall refer it to an appropriate Coordinator for investigation. The Coordinator shall be responsible for promptly beginning an investigation. The Coordinator shall determine and record the name of the person complaining, the nature of the complaint, the person(s) alleged engaging in the inappropriate conduct, and any witnesses to the complained of behaviors. The Coordinator shall interview at least the complainant and the alleged harasser(s), and gather any relevant documentary evidence. If the information received is in conflict, witnesses shall also be interviewed. When appropriate, signed, written statements should be requested from the individual interviewed. At a minimum, the Coordinator must make a written report on the interviews.

When students are involved as the complainant or the alleged harasser, the parents or guardian should be notified of the complaint and investigation if the student is under eighteen (18) years old. Confidentiality as to other students involved should be maintained to assure compliance with the Family Education and Privacy Rights Act.

If the investigation discloses Child Abuse, the required report to the Department of Social Services shall be made.

If the matter can be mutually resolved, the resolution shall be reduced to writing signed by the individuals involved, and their parents/guardians for students under eighteen (18). The resolution shall remain in the file, and a copy shall be provided to the Superintendent.

If the complainant indicates that s/he does not wish to pursue the matter further, the fact should be reduced to a signed writing if possible. If not, the request should be witnessed by another district employee. However, where the complaint or investigation reveals unlawful harassment, the Coordinator must still prepare a report and recommended action. This recommendation may be impacted by the complainant’s desire not to be further involved, but does not excuse the District from taking prompt and appropriate remedial action, when it knows or should have known of prohibited harassment.

If the matter cannot be mutually resolved, a written report of the findings and any recommended appropriate remedial action shall be forwarded to the Superintendent (note: may designate building principal or other administrator) for review and action. The recommendation, without identifiable student information, shall also be provided to the parents for students under eighteen (18), and to the student if eighteen (18) or older.

Appropriate remedial action will depend on the circumstances, but may include counseling, segregating the individuals, suspension, expulsion, termination of employment, or school service projects, among other options.

The complainant and the respondent may provide any concerns to the Superintendent. The Superintendent shall determine what action, if any, will be taken, and then implement any appropriate remedial action. Notice of the Superintendent’s decision shall be provided to both the complainant and the respondent. The Superintendent’s decision shall be final, except in the case of student expulsion or staff termination.

While there are no set timelines for completion of the investigation and recommendation, it should be done as quickly as possible. Generally, if the Coordinator cannot conclude the investigation within five (5) business days, the reason for the delay should be recorded and the individuals involved advised of the reasons for the delay and an estimated time for conclusion. If necessary, separation of the individuals, suspension, or administrative leave may be used to avoid further problems during the investigation.

The Coordinator and the District staff will make all reasonable efforts to maintain confidentiality in the investigation and protect the rights of the complainant and the respondent during the process. Student confidentiality under the Family Education and Privacy Rights Act will be maintained. However, absolute confidentiality cannot be guaranteed. The need to investigate specific charges and the availability of public records through the Freedom of Information Act may allow identification of individuals and/or facts relating to an investigation.