FILE:  JCEA

Cf:  GAE, GAEAA, JGCE

STUDENT SEXUAL HARASSMENT

The Bossier Parish School Board disapproves of and does not tolerate sexual harassment by employees to students, by students to employees, or by one student to another student.  No student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.  Sexual harassment does not refer to occasional compliments of a socially acceptable nature.  It refers to behavior that is not welcome, that is personally offensive, and therefore may interfere with the purposes of the student in the academic, extracurricular, and co-curricular atmosphere.  Such behavior may include conduct which is made, explicitly or implicitly, as a term or condition of any student’s academic status or progress, or may be used as the basis for academic divisions affecting the student, such as services, honors, or activities available at or through the school.  Sexual harassment includes any type of sexually coercive or oppressive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature.  Sexual harassment also includes quid pro quo claims which occur when an employee makes sexual advances toward a student which threaten or imply retaliation if the student resists, or rewards if the student acquiesces.

COVERAGE

This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the Bossier Parish School District.  It applies at school, school sponsored events, and in situations which are related to operations of the school.

PROCEDURES FOR TITLE IX, TITLE VI AND AGE DISCRIMINATION COMPLAINTS FOR EMPLOYEES, STUDENTS AND PARENTS/GUARDIANS

These procedures apply to complaints alleging a violation of Title VI (discrimination on the basis of race, color, national origin, including racial harassment), the Age Discrimination Act (discrimination on the basis of age), and Title IX (i.e. discrimination on the basis of sex, including sexual harassment and sexual assault).

Title VI provides that “No person in the United States shall, on the ground of race, color, or national origin by excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance” from the U.S. Department of Education.

The Age Discrimination Act provides that “No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” from the U.S. Department of Education.

Title IX provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” from the U. S. Department of Education.

One form of sex discrimination is sexual harassment.  Sexual harassment is conduct that is sexual in nature, is unwelcome, and denies or limits a student’s ability to participate in or benefit from a school’s education program.  Both male and female students can be victims of sexual harassment, and the harasser and the victim can be of the same sex.  The conduct can be verbal, nonverbal, or physical.  Sexual harassment includes conduct that is criminal in nature, such as rape, sexual assault, dating violence, and sexually motivated stalking.  Even if a school reports possible criminal conduct to the police, that does not relieve the school of its responsibilities under Title IX.  One form of sexual harassment occurs when a teacher or other school employee conditions an educational decision or benefit on the student’s submission to unwelcome sexual conduct.  If this occurs, it does not matter whether the student resists and suffers the threatened harm or submits to and avoids the threatened harm.  Sexual harassment also occurs when a teacher, school employee, other student, or third party creates a hostile environment that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the school’s program.  Whether such a hostile environment has been created depends on the particular circumstances of the incident(s).  The conduct does not necessarily have to be repetitive.  If sufficiently severe, single or isolated incidents can create a hostile environment.

The following procedure will be utilized in the below listed sequence to resolve complaints pertaining to alleged violations of Title IX, Title VI, and the Age Discrimination Act as administered by the Bossier Parish School Board.  For allegations that employees have been subjected to discrimination, please see Employee Grievance Procedures, Office of Human Resources.

1. Any student, parents of students and/or any other third party involved with the Bossier Parish School Board, Bossier Parish Louisiana; believing his or her rights have been violated under Title IX, Title VI, or the Age Discrimination Act is encouraged to immediately report the alleged acts of violation to the appropriate center or school level official, i.e., teacher, counselor, assistant principal, principal or any other designated school employee.
   
   

2. Any Administrator or other school personnel who receives notice of an alleged violation of Title IX, Title VI, or the Age Discrimination Act shall immediately report such allegations(s) to the Buildings Level Administrator for investigation and resolution.
   
   

3. The allegation, having been investigated, reviewed, and discussed with the opportunity to present witnesses and other evidence, may be upheld and necessary corrective action taken to preclude reoccurrence, or the allegation may be dismissed as having no substance as a violation of Title IX and the matter closed.  Complainants will be notified in writing within five (5) business days of the decision by the Buildings Level Administrator.  (Each allegation will be recorded, filed, and retained by the Buildings Level Administrator.)
   
   

4. The complainant, if not receiving desired satisfaction in step Three (3), may request in writing an appeal of the school-level decision with the Director of Student Services/Title IX Coordinator, Bossier Parish School Board, P. O. Box 2000, Benton, Louisiana; telephone number (318) 549-5010, within five (5) working days after receiving the written decision by the Building Level Administrator.  The complainant may present witnesses and other evidence as described in step Three.
   
   

5. The complainant, if not receiving desired satisfaction in step Four (4), may request (to the Director of Student Services/Title IX Coordinator) an appeal with the superintendent of schools.  (Request for the appeal will be made by the Director of Student Services/Title IX Coordinator who will obtain the appointment within ten (10) working days of receipt of request, at a date and time mutually agreeable to all parties).  The complainant may present witnesses and other evidence as described in step Three.
   
   

6. The complainant, if not receiving desired satisfaction I step Five (5), may request in writing to the Superintendent of Schools an appeal before the Administrative Committee of the Bossier Parish School Board for reconsideration of the appeal decision by the Superintendent of Schools.  This appointment will be made by the Superintendent of Schools within ten (10) working days, and the complainant will be notified of the appointment by U.S. Mail.  The complainant may present witnesses and other evidence as described in step Three.
   
   

7. The Administrative Committee of the Bossier Parish School Board will present its recommendation to the full board for final resolution.  The complainant will be notified in writing of the final decision within five (5) working days of the decision by the Bossier Parish School Board.
   
   

8. The Bossier Parish School Board prohibits retaliation against any individuals that file complaints of participates in investigation of complaints.  Bossier Parish School Board provides assurance that steps will be taken to prevent recurrence of any form of harassment and to correct its discriminatory effects on the complainant and others if appropriated.

BOSSIER PARISH SCHOOL BOARD

NOTICE OF NON DISCRIMINATION

The following statement is presented for information to all students, parents of students, employees of the Bossier Parish School Board, and/or any other third party involved with the Bossier Parish School Board, Bossier Parish, Louisiana.  This notice is to be permanently posted and displayed in a prominent place within each Bossier Parish School Board facility.

The Bossier Parish School Board fully demonstrates its intent to comply with the requirements of Title IX of the Educational Amendments of 1972 (hereinafter “Title IX”), which prohibits discrimination on the basis of sex (including sexual harassment and sexual assault); Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, nationality; Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability the Age Discrimination Act of 1975 which prohibits discrimination on the basis of age.  The Bossier Parish School Board also provides equal access to the Boy Scouts and other designated youth groups.

The Bossier Parish School Board does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated groups.

For questions/concerns regarding Title IX:

For questions/concerns regarding Title VI and/or Age Discrimination Act:

For questions/concerns regarding Section 504:

For questions/concerns regarding Title II:

SUSPECTED CHILD ABUSE

If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board's policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and School Board policy.  Such reporting must be made in addition to any procedures for handling sexual harassment complaints.

NONRETALIATION

Retaliation against any employee or student who brings sexual harassment charges or who assists in investigating such charges shall be prohibited.  Any employee or student bringing a sexual harassment complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.

Revised:  May 16, 2013

Revised:  November, 2015

Revised: July, 2017

Ref:    42 USC 2000e (Civil Rights-Definitions)

29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)

La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81

Board minutes, 5-16-13

Bossier Parish School Board