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SELINSGROVE
No. 248SECTION: PUPILS
 
AREASCHOOL DISTRICT
TITLE: UNLAWFUL HARASSMENTADOPTED: December 3, 2001REVISED:248. UNLAWFUL HARASSMENT1. Purpose The Board strives to provide a safe, positive learning climate for students in theschools. Therefore, it shall be the policy of the district to maintain an educationalenvironment in which harassment in any form is not tolerated.2. AuthorityTitle VII42 U.S.C.Sec. 2000 et seqTitle IX42 U.S.C.Sec. 168143 P.S.Sec. 951 et seq29 CFRSec. 1606.8(a)The Board prohibits all forms of unlawful harassment of students by all districtstudents and staff members, contracted individuals and vendors, and volunteers inthe schools. The Board encourages students who have been harassed to promptlyreport such incidents to the designated employees. The Board directs thatcomplaints of harassment shall be investigated promptly, and corrective action shallbe taken when allegations are verified. Confidentiality of all parties shall bemaintained, consistent with the district's legal and investigative obligations. Noreprisals nor retaliation shall occur as a result of good faith charges of harassment.3. Definitions29 CFRSec. 1606.8 (a)62 Fed. Reg.12033(March 13, 1997)66 Fed. Reg. 5512(Jan. 19, 2001)The term
harassment
includes but is not limited to repeated, unwelcome andoffensive slurs, jokes, or other verbal, graphic or physical conduct relating to anindividual's race, color, religion, ancestry, sex, sexual orientation, national origin,age or handicap/disability which create an intimidating, hostile or offensiveeducational environment. Ethnic harassment includes the repeated, unwelcome andoffensive use of any derogatory word, phrase or action characterizing a given racialor ethnic group that creates an intimidating, hostile, or offensive educationalenvironment.
Ethnic harassment
includes the repeated, unwelcome and offensive use of anyderogatory word, phrase or action characterizing a given racial or ethnic group thatcreates an intimidating, hostile, or offensive educational environment
.
Page 1 of 5
 
248. UNLAWFUL HARASSMENT - Pg. 229 CFRSec. 1604.11 (a)
Sexual harassment
shall consist of unwelcome sexual advances, requests forsexual favors, and other inappropriate verbal or physical conduct of a sexual naturewhen:1. Submission to such conduct is made explicitly or implicitly a term or conditionof a student's academic status.2. Submission to or rejection of such conduct is used as the basis for academic orwork decisions affecting the individual.3. Such conduct deprives a student of educational aid, benefits, services ortreatment.4. Such conduct has the purpose or effect of substantially interfering with thestudent's school performance or creating an intimidating, hostile or offensiveeducation environment.Examples of sexual harassment include but are not limited to sexual flirtations,advances, touching or propositions; verbal abuse of a sexual nature; graphic orsuggestive comments about an individual's dress or body; sexually degrading wordsto describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgarstatements, abusive language, innuendoes, references to sexual activities, overtsexual conduct, or any conduct that has the effect of unreasonably interfering with astudent's ability to work or learn or which creates an intimidating, hostile oroffensive learning or working environment.The district shall annually inform students, staff, parents, independent contractorsand volunteers that unlawful harassment of students will not be tolerated.4. Delegation of ResponsibilityEach staff member shall be responsible to maintain an educational environment freefrom all forms of unlawful harassment.Each student shall be responsible to respect the rights of their fellow students and toensure an atmosphere free from all forms of unlawful harassment.5. Guidelines When a student believes that s/he is being harassed, the student should immediatelyinform the harasser that his/her behavior is unwelcome, offensive or inappropriate. If the unwelcome, offensive or inappropriate behavior continues, the student shallfollow the established complaint procedure.Page 2 of 5
 
248. UNLAWFUL HARASSMENT - Pg. 3Complaint Procedure All allegations will be thoroughly investigated and persons accused of harassment orimpropriety will be given ample opportunity to respond to the allegations. Everyeffort will be made to be fair and just to all parties involved. The GuidanceDepartment shall, under normal circumstances, be designated as the center of referral for a student with a complaint of harassment or impropriety. Howevershould a student make an initial complaint to another employee of the school district,the student should be informed of the procedure guidelines and be encouraged tofollow them. The student should be assured of anonymity if the student does notwish to proceed with the complaint. However, if the student wishes to pursue thecomplaint, s/he shall be encouraged to have an initial session with a guidancecounselor or if this is not acceptable, proceed to the appropriate administrator. Thespecific purposes of this initial session are:1. To provide the student with the opportunity to explore personal feelings withconfidentiality and impartiality.2. To screen and evaluate complaints which might be irresponsible, unfounded, orinvolve misperceptions of fact or intent.3. To discuss the options according to these procedures for handling harassmentcomplaints.4. To clarify for the student the legal rights, responsibilities and limitations of theschool district in receiving and dealing with such complaints.5. To clarify for the student his/her rights and responsibilities as the individualinitiating such a complaint.After the student's initial concerns have been addressed and the above stepsreviewed, three (3) general courses of action for the student are available:1. The student may lodge a verbal complaint when s/he wishes only to discuss theincident with a designated school official (in most cases, a counselor). In suchcase, no further action will be taken and nothing will be recorded. If after thissession, the student wishes to pursue the complaint the student may proceed tostep 2.2. The student may lodge a complete written complaint after the initial session.This detailed statement without the student's signature will be given directly tothe appropriate administrator or to his/her surrogate. The administrator willpromptly contact the Superintendent and relay the written statement to him/her.Page 3 of 5
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