| Wilmington City School District |
| Bylaws & Policies |
3362 - ANTI-HARASSMENT
General Statement
It is the policy of the Board of Education to maintain an education and work environment which is free from all forms of unlawful harassment, including sexual harassment. This commitment applies to all School District operations, programs, and activities. All Board members, administrators, teachers, staff, students, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of unlawful harassment. This policy applies to unlawful conduct occurring on school property, or at another location if such conduct occurs during an activity sponsored by the Board.
The Board will vigorously enforce its prohibition against harassment based on sex, race, color, national origin, religion, disability, or any other unlawful basis, and encourages those within the School District community as well as third parties, who feel aggrieved to seek assistance to resolve the problems. The Board will investigate all allegations of harassment and in those cases where unlawful harassment is demonstrated, the Board will take immediate steps to end the harassment. Individuals who are found to have engaged in unlawful harassment will be subject to appropriate disciplinary action.
For purposes of this policy, "School District community" or "School District personnel" means Board members, administrators, teachers, staff, and all other school personnel, including members, agents, volunteers, contractors, or other persons subject to the control and supervision of the Board. "Students" shall include any student currently enrolled in any school building of the Wilmington City School District.
For purposes of this policy, "third parties" include, but are not limited to, guests and/or visitors on School District property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with the Board, and other individuals who come in contact with members of the School District community or students at school-related events or activities, whether on or off School District property.
Other Violations
The Board will take immediate steps to impose disciplinary action on School District personnel engaging in any of the following prohibited acts:
| A. | Retaliating against a person who has made a report or filed a complaint alleging harassment, or who has participated as a witness in a harassment investigation. | |
| B. | Filing a malicious or knowingly false report or complaint of harassment. | |
| C. | Disregarding, failing to investigate adequately, or delaying investigation of allegations of harassment, when responsibility for reporting and/or investigating harassment comprises part of one's supervisory duties. |
Definitions of Harassment
Sexual Harassment
Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
| A. | submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment, or status in a class, educational program, or activity; | |
| B. | submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; | |
| C. | such conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working, and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. |
Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite gender.
Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:
| A. | Unwelcome sexual advances, including but not limited to, propositions, invitations, solicitations, flirtations, and obscene gestures. | |
| B. | Physical assault or unwelcome physical contact. This prohibition does not preclude legitimate, non sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as a teacher's consoling hug of a young student, or one student's demonstration of a sports move requiring contact with another student. | |
| C. | Threats or insinuations that a person's employment, wages, academic grade, promotion, classroom work or assignments, academic status, participation in athletics or extra-curricular programs or events, or other conditions of employment or education may be adversely affected by not submitting to sexual advances. | |
| D. | Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls. | |
| E. | Sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or educational environment, which may embarrass or offend individuals. | |
| F. | Unwelcome and inappropriate touching, patting, grabbing or pinching another person's intimate body parts. | |
| G. | Coercing, forcing or attempting to coerce or force the touching of anyone's intimate body parts. | |
| H. | Coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another. | |
| I. | Touching oneself sexually or talking about one's sexual activity in front of others. | |
| J. | A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another. | |
| K. | Remarks speculating about, spreading rumors about or talking about another person's sexual activities, sexual performance or sexual history. | |
| L. | Consensual sexual relationships where such relationship leads to favoritism of a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees. The United States Department of Education, Office for Civil Rights will never view sexual conduct between an adult school employee and an elementary school student as consensual. |
Not all behavior with sexual connotations constitutes unlawful sexual harassment. Conduct must be sufficiently severe, pervasive, and persistent such that it adversely affects an individual's employment or education, or such that it creates a hostile or abusive employment or educational environment.
School District personnel who engage in sexual conduct with a student may also be guilty of the criminal charges of "sexual battery" as set forth in Ohio Revised Code 2907.03. The issue of consent is irrelevant in regard to such criminal charge.Race/Color Harassment
Prohibited racial harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's race or color and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; of creating an intimidating, hostile, or offensive working, and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's race or color.
Examples of such conduct which may constitute harassment because of race or color include:
| A. | Written or graphic material, which may include graffiti, notes or cartoons containing language, pictures, or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes. | |
| B. | Name calling, jokes or rumors based upon another's race or color. | |
| C. | Threatening or intimidating conduct directed at another because of another's race or color. | |
| D. | Racial slurs, negative stereotypes, and hostile acts which are based upon another's race or color. | |
| E. | A physical act of aggression or assault upon another because of, or in a manner reasonably related to race or color. | |
| F. | Other kinds of aggressive conduct such as theft or damage to property which is motivated by a person's race or color. |
Religious (Creed) Harassment
Prohibited religious harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's religion or creed and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; or creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's religious tradition, clothing, or surnames, and/or involves religious slurs.
Examples of such conduct which may constitute harassment because of religion include:
| A. | Written or graphic material, which may include graffiti, notes or cartoons containing language, pictures, or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes. | |
| B. | Name calling, jokes or rumors based upon another's religion or religious customs. | |
| C. | Threatening or intimidating conduct directed at another because of their religion. | |
| D. | Religious slurs, negative stereotypes, and hostile acts which are based upon another's religion or religious customs. | |
| E. | A physical act of aggression or assault upon another because of, or in a manner reasonably related to a person's religion or religious customs. | |
| F. | Other kinds of aggressive conduct such as theft or damage to property which is motivated by a person's religion. |
National Origin Harassment
Prohibited national origin harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's national origin and when the conduct has the purpose or effect of interfering with the individual's work or educational performance; or creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's national origin, such as negative comments regarding customs, manner of speaking, language, surnames, or ethnic slurs.
Examples of such conduct which may constitute harassment because of national origin include:
| A. | Written or graphic material, which may include graffiti, notes, or cartoons containing language, pictures, or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes. | |
| B. | Name calling, jokes or rumors based upon a person's ethnicity or ethnic customs. | |
| C. | Threatening or intimidating conduct directed at another because of their ethnicity. | |
| D. | Ethnic slurs, negative stereotypes, and hostile acts which are based upon another's ethnicity or ethnic customs. | |
| E. | A physical act of aggression or assault upon another because of, or in a manner reasonably related to a person's ethnicity or ethnic customs. | |
| F. | Other kinds of aggressive conduct such as theft or damage to property which is motivated by a person's ethnicity or national origin. |
Disability Harassment
Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an individual's disability and when the conduct has the purpose or effect of interfering with the individual's work or educational performance or creating an intimidating, hostile, or offensive working and/or learning environment; or with one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur where conduct is directed at the characteristics of a person's disabling condition, such as negative comments about speech patterns, movements, physical impairments or defects/appearances, or the like.
Examples of such conduct which may constitute harassment because of disability include:
| A. | Written or graphic material, which may include graffiti, notes, or cartoons containing language, pictures, or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes. | |
| B. | Name calling, jokes or rumors based on another's physical or mental disability. | |
| C. | Threatening or intimidating conduct directed at another because of their physical or mental disability. | |
| D. | Slurs, negative stereotypes, and hostile acts which are based upon another's physical or mental disability. | |
| E. | A physical act of aggression or assault upon another because of, or in a manner reasonably related to a person's physical or mental disability. | |
| F. | Other kinds of aggressive conduct such as theft or damage to property which is motivated by a person's physical or mental disability. |
Reports and Complaints of Harassing Conduct
| A. | General Statement | |
| School District personnel or third parties who believe that they have been unlawfully harassed by another member of the School District community or a third party are entitled to utilize the Board's informal and/or formal investigation and complaint processes. Initiating a complaint, whether formally or informally, will not adversely affect the complaining individual's employment or participation in educational or extra-curricular programs. | ||
| School District personnel and third parties are encouraged to promptly report incidents of harassing conduct to the Anti-Harassment complaint Coordinator or Investigators, or an administrator, supervisor or other School District official so that the Board may address the conduct before it becomes severe, pervasive, or persistent. If a person other than the Coordinator or Investigator receives a report or complaint, such person shall immediately notify the Coordinator or Investigator of same. | ||
| While there are no time limits for initiating complaints of harassment under this policy, School District personnel should make every effort to file an informal or a formal complaint as soon as possible after the conduct occurs while the facts are known and potential witnesses are available. Regardless of whether the School District personnel or third party files a complaint with the School District, such individual may file a complaint with the United States Department of Education, Office of Civil Rights, the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, or the courts. If utilizing such alternative measures, the individual should verify the filing procedures and/or timeframes with each respective agency, court, and/or their personal attorney. | ||
| Any School District personnel who directly observes unlawful harassment of a student is obligated, in accordance with this policy, to report such observations to the Complaint Coordinator or an Investigator. Thereafter, the Complaint Coordinator or Investigator must contact the student, if age eighteen (18) or older, or the student's parents if under the age eighteen (18), to advise s/he/them of the Board's intent to investigate the alleged misconduct, including the obligation of the Complaint Coordinator or Investigator to conduct an investigation following all the procedures outlined in the Anti-Harassment Board Policy and Guidelines for Students. | ||
| B. | Anti-Harassment Complaint Coordinator and Investigators | |
| The Board shall designate the Superintendent as the Anti-Harassment Complaint Coordinator, and shall designate the principal in each school building to be a Complaint Investigator. | ||
| The Coordinator is responsible for the following: |
| 1. | Receiving reports or complaints of sexual harassment, and harassment based on race, color, religion, national origin or disability. | ||
| 2. | Overseeing the investigative process. | ||
| 3. | Assessing the training needs of the School District's Investigators, School District personnel and students in connection with the dissemination, comprehension, and compliance with this policy. | ||
| 4. | Arranging for necessary training required for compliance with this policy. | ||
| 5. | Insuring that all investigations are conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment. | ||
| 6. | Applying procedural and substantive standards which are necessary and applicable to identify unlawful harassment. | ||
| 7. | Recommending prompt, effective and adequate discipline and remedies when harassment is found. | ||
| 8. | Taking other prompt, effective and adequate action to remedy the damaging effects of any prohibited discrimination, including interim protection of the victim during the course of the investigation. | ||
| 9. | Participating in any follow-up investigation. | ||
| 10. | Distributing the Anti-Harassment policy, including sexual harassment, to all employees, students, parents and other interested parties. | ||
| 11. | Reviewing the Anti-Harassment policy and guidelines, including sexual harassment, on an annual basis, unless a more frequent review is deemed necessary by an approving agency, the School District or an influx of complaints is received, for compliance with State and Federal law. | ||
| 12. | Contacting local law enforcement, the Children Services' Bureau or other law enforcement, if appropriate. | ||
| 13. | Filing a statement of compliance with the Assistant Secretary of the United States Department of Education, Office for Civil Rights. |
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The Investigators are responsible for the following: |
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1. Receiving reports or complaints of sexual harassment, and harassment based on race, color, national origin, or disability.
| 2. | Notifying the Coordinator of the report or complaint, and keeping the Coordinator apprised of the status of the investigation. | ||
| 3. | Conducting prompt, impartial and thorough investigations of all complaints. | ||
| 4. | Following the procedures for investigation of complaints as outlined in this policy and the administrative guidelines. | ||
| 5. | Conducting a follow-up investigation. |
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The names, addresses and telephone numbers of the Anti-Harassment Complaint Coordinator and Investigators with whom complaints of unlawful harassment should be filed are set forth in the Administrative Guidelines that supplement this policy. The names, addresses and telephone numbers of these individuals will be published annually in the Administrative Guidelines, employee handbooks, student handbooks, posting notices in conspicuous places in each school building, annual parent packets, and the School District's internet web sites. |
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The Anti-Harassment Complaint Coordinator, with input from the Investigators, shall establish Administrative Guidelines setting forth both a formal and an informal process for making a charge of harassment, a process for investigating claims of harassment, and a process for rendering a decision regarding whether the claim of harassment was substantiated. This Policy and the Administrative Guidelines will be readily available to all members of the School District community and posted in appropriate places throughout the School District. |
| C. | Privacy/Confidentiality | |
| The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the Board’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under the terms of this policy and its related administrative guidelines shall be maintained as confidential to the extent permitted by law. | ||
| During the course of a formal investigation, the Complaint Coordinator or Investigator will instruct all members of the School District community and third parties who are interviewed about the importance of maintaining confidentiality. Any individual who is interviewed as part of a harassment investigation is expected not to disclose any information that s/he learns or that s/he provides during the course of the investigation. | ||
| D. | Informal Process for Addressing Complaints of Harassment | |
| The Administrative Guidelines shall include an informal complaint process for School District personnel or third parties who believe they are being unlawfully harassed with a range of options designed to bring about a resolution of their concerns. School District personnel or third parties who believe that they have been unlawfully harassed are encouraged, but not required to initiate their complaint through this informal complaint process, and may proceed immediately to the formal complaint process, at their discretion. Individuals who seek resolution through the informal procedure may request that the informal process be terminated at any time to move to the formal complaint process. |
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All complaints shall be in writing, and signed by the Complainant. If the Complainant is unwilling to provide a written complaint, the Complaint Investigator shall ask for such details in an oral interview, reduce the interview to writing, and present it to the complainant for verification by signing the document. |
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The informal complaint procedure shall not be used if the harassment concerns a student, is continual, recurrent, or includes threats to the safety of an individual. |
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E. Formal Process for Addressing Complaints of Harassment
The Administrative Guidelines will include a formal complaint process. While the formal complaint process may serve as the first step to resolution of a charge of unlawful harassment, it is also available in those circumstances when the informal complaint process fails to satisfactorily resolve a concern. Because of the need for flexibility, no specific time lines are established for initiating the formal complaint process; however, once the formal complaint process is begun, the investigation will be completed within thirty (30) calendar days of the complaint being received, unless a greater amount of time is deemed necessary due to the nature of the complaint or extenuating circumstances.
Although not required, School District personnel or third parties who feel they have been unlawfully harassed should file a formal written complaint with the Investigator of their school building or with the Complaint Coordinator. All complaints shall be in writing, and signed by the Complainant. If the Complainant is unwilling to provide a written complaint, the Complaint Investigator shall ask for such details in an oral interview, reduce the interview to writing, and present it to the Complainant for verification by signing the document.
After a complaint is filed, the Complaint Investigator shall conduct a prompt, impartial and thorough investigation. The investigation may include interviews of the Complainant, the accused harasser, and any witness who may reasonably be expected to have information relevant to the situation. All interviewed parties and witnesses will be provided an opportunity to present any evidence that they reasonably believe to be relevant to the situation.
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At the conclusion of the investigation the Complaint Investigator will prepare and deliver the Coordinator a written report summarizing the evidence gathered during the investigation and providing his/her recommendations regarding whether or not the complaint of unlawful harassment has been substantiated. The written report must be based on the totality of the circumstances involved in the complaint, including: |
| 1. | The nature of the alleged conduct. | ||
| 2. | How often the alleged conduct occurred. | ||
| 3. | Whether there were past incidents or past continuing patterns of behavior involving the same or other individuals. | ||
| 4. | The relationship between the parties involved. | ||
| 5. | The race, national origin, sex and ages of the individuals involved. | ||
| 6. | The maturity of the individuals involved. | ||
| 7. | The identity of the perpetrator, including whether the perpetrator was in a position of power over the individual allegedly subjected to harassment. | ||
| 8. | The number of alleged harassers. | ||
| 9. | Where the harassment occurred. | ||
| 10. | Whether the conduct adversely affected the individuals work or educational environment; and | ||
| 11. | the context in which the alleged incidents occurred. |
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The parties directly involved in the complaint investigation, i.e., the party making the complaint and the party accused of the harassing conduct shall receive a copy of the written report. In the event a party is under the age of eighteen (18), a copy of the written report shall be sent to the student's parent or guardian. |
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Upon review of the written report the Coordinator will either issue a decision regarding whether or not the complaint of unlawful harassment was substantiated, or request that further investigation be conducted. A copy of Coordinator's action will be delivered to both the Complainant and the individual accused of the harassing conduct. |
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A Complainant who is dissatisfied with the Coordinator's decision may appeal it to the Board of Education by submitting written notice to the Coordinator within ten (10) days of the date of the decision. Upon receipt of a notice of appeal, the Board shall meet in executive session at its next regularly scheduled meeting, which is scheduled to occur at least ten (10) days after the Coordinator's receipt of the appeal notice, to review the complaint and the summary of the investigation. Following the meeting, the Board will issue a decision affirming, modifying, or rejecting the Coordinator's decision. If a Complainant is dissatisfied with the decision of the Board, s/he may pursue a complaint with the United States Department of Education, Office for Civil Rights, the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, or the courts. |
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An employee accused of the harassing conduct who is dissatisfied with the Coordinator's decision has the right to appeal the decision through the grievance procedure described in their negotiated contract, or through applicable State law. |
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The Complaint process set forth in the policy and in the administrative guidelines is not intended to interfere with the rights of School District personnel or a third party to pursue a complaint or unlawful harassment with the United States Department of Education, Office for Civil Rights, the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, or the courts. |
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The Board reserves the right to investigate and resolve a complaint or report of unlawful harassment regardless of whether the School District personnel or third party alleging the harassment pursues the complaint with the School District or elsewhere. |
| F. | Sanctions and Monitoring | |
| The Board shall vigorously enforce its prohibitions against unlawful harassment. While observing the principles of due process, a violation of this policy may result in disciplinary action up to and including the discharge of an employee. All disciplinary action will be taken in accordance with applicable State law and the terms of the relevant collective bargaining agreement. When imposing discipline, the Board and/or Superintendent shall consider the totality of the circumstances involved in the matter, as identified above. In those cases where unlawful harassment is not substantiated, the Board may consider whether the alleged conduct nevertheless warrants discipline in accordance with other Board Policies, consistent with the terms of the relevant collective bargaining agreement, and/or State law. | ||
| Where the Board becomes aware that prior remedial action has been taken against School District personnel, all subsequent sanctions imposed by the Board and/or Coordinator shall be reasonably calculated to eliminate such conduct in the future. | ||
| The Board reserves the right to contact its' Attorney, local law enforcement, other law enforcement or the Children Services' Bureau, if appropriate, at any time after a complaint has been reported. | ||
| G. | Education and Training | |
| In support of this Anti-Harassment Policy, the Board promotes preventative educational measures to create greater awareness of unlawful discriminatory practices. The Coordinator designee shall provide appropriate training to all School District personnel related to the implementation of this policy and its accompanying administrative guidelines. All training regarding the Board's policy and administrative guidelines and harassment in general, will be age and content appropriate. | ||
| The Coordinator and each Investigator shall receive training, as to appropriate investigative techniques and procedures, the harm caused to individuals as a result of harassment, the legal standards applicable to harassment determinations, the amount of proof required, treatment of hearsay evidence, and the sanctions and remedies available. | ||
| H. | Records | |
| All public records created as part of an investigation of a complaint of harassment will be maintained by the Complaint Coordinator in accordance with the Board's records retention policy. Any records which are considered student records in accordance with the Family Educational Rights and Privacy Act or under Ohio's student records law will be maintained in a manner consistent with the provisions of the Federal and State law. |
R.C. 4112.02
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
42 U.S.C. 12101 et seq.
20 U.S.C. 1681 et seq.
42 U.S.C. 1983
Revised 2/27/06