FILE:  JCEA

Cf:  GAE, GAEAA

Cf:  JAAA, JCDAF, JGCE

SEXUALLY RELATED STUDENT MISCONDUCT

The Bossier Parish School Board disapproves of and does not tolerate sexual misconduct by employees to students, by students to employees, or by one student to another student.  No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.  Sexual misconduct 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 but that does not rise to the level of sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.  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 misconduct 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, on or off school grounds, and in situations which are related to operations of the school.

COMPLAINT PROCEDURE

Complaints of sexual misconduct which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school or other designated administrative personnel.  Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Supervisor of Child Welfare and Attendance or his/her designee or the Title IX Coordinator.  The complaint need not be in writing, but students are encouraged to do so.  Such reports should include the nature of the complaint, recording the specific alleged act(s) which constitute the misconduct, the person or persons who the complainant alleges committed the misconduct, witnesses to the alleged act(s), and the date and time of the alleged act(s).

After notification of the complaint, a confidential investigation shall immediately be initiated by the Superintendent or his/her designee to gather all facts about the complaint.  The investigation may use some or all of the investigation procedures outlined policy JCDAF, Bullying and Hazing.

After the investigation has been completed, a determination shall be made regarding the resolution of the complaint.  If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee and/or expulsion of a student.  Any disciplinary action regarding an employee shall be placed in the employee's personnel file which shall reflect the action taken and the grounds therefor.  Any disciplinary action taken regarding a student shall be maintained as any other student disciplinary violation.

SUSPECTED CHILD ABUSE

If the victim of the alleged sexual misconduct 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 shall be reported to child protection or law enforcement as provided by state law and School Board policy.  Such reporting shall be made in addition to any procedures for handling sexual misconduct complaints.

NONRETALIATION

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

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, 8-6-20

Bossier Parish School Board