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Summary of The NEBO School Policy On

Sexual Harassment

Sexual harassment is a violation of both federal and state discrimination laws.  All persons associated with the school system, including, but not limited to, the administration, staff and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.  Individuals that sexually harass others face possible suspension, probation, alternate placement, or expulsion.  All matters involving sexual harassment complaints shall remain confidential to the extent possible. PURPOSE­­
The purpose of the Nebo School District Sexual Harassment Policy and Procedure for Schools is to assure a learning/work environment that is free from sexual harassment, and is in compliance with the state and federal law.

DEFINITION­­
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.  Unacceptable conduct may or may not constitute sexual harassment.  Normally, unacceptable behavior must be severe or pervasive to be considered sexual harassment.  

Forms of sexual harassment include, but are not limited to, the following:

Verbal harassment, such as graphic or suggestive comments, pressure for sexual activity, sexually degrading words, vulgar statements, howling, catcalls, jokes, or slurs;

Physical harassment, such as touching, pinching, mooning, streaking, hugging, groping, or purposefully impeding or blocking movement and; 

Visual harassment, such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, or inappropriate physical gestures.

COMPLAINTS
Any person who thinks he or she has been subjected to sexual harassment should take one or more of the following steps to make such concerns known: 

Directly confront the harasser and tell the harasser to stop the conduct because it is unwelcome.  Complaints should document the incident(s) of harassment, and any conversations they have with the harasser, noting such information as time, date, place, what was said or done, and other relevant circumstances surrounding the event(s).

If the complainant's concerns are not resolved satisfactorily through a discussion with the harasser, or if the complainant feels he/she cannot discuss the concerns with the harasser, the complainant should directly inform the school's administration of the complaint.  

INVESTIGATION PROCEDURE 

The school principal or his/her designee has the responsibility to promptly conduct a preliminary investigation when he/she receives a verbal or written complaint of sexual harassment.  The site administrator should take the following steps:

Interview the complainant and have him/her create a written, detailed summary of the harassment.

Interview the harasser and have him/her create a written, detailed summary of the events.

Interview and document any witness accounts or descriptions.

Enter the appropriate investigation details on the appropriate district database.

DISCIPLINARY ACTIONS
The site administrator must consider the severity or pervasiveness of the conduct and exercise discretion in determining whether a District level referral is necessary regardless of the complainant's desires.  If a blatant violation occurs involving criminal touching or acts which shock the conscience of a reasonable person, the issue should be referred to the appropriate District representative.  In addition, where the administrator has reasonable suspicion that the alleged harassment involves criminal activity, he/she should immediately contact the appropriate law enforcemnet authority.

Depending on the severity or persistence of the harassment, any individual who violates this policy may be subject to suspension, probation, alternate placement, or expulsion.

FALSE STATEMENTS

False, malicious, or frivolous complaints of sexual harassment shall result in corrective or disciplinary action taken against the complainant.

CONFIDENTIALITY

Sexual harassment reports shall be investigated and handled as discreetly as possible. The right to confidentiality(for the alleged victim, the alleged harasser, witnesses, and others) must be respected, consistent with fairness, due process, and the school's legal obligation to investigate and take action when warranted.  All persons involved shall refrain from discussing the case with anyone, except those who have a legitimate need or right to know.