Harassment
Policy Summary
Everyone has a right to work and learn in a safe place. Being safe means feeling comfortable with all the people around you. The employees of the school district strive to create an atmosphere where all persons feel safe and comfortable. Harassment in any form will not be tolerated. Offenders, both student and adult, will be disciplined.
When anybody, student or adult, makes you feel uncomfortable because of comments or behavior, you should do something about it. If someone talks to you or approaches you in a way that makes you feel uncomfortable or afraid, you need to tell someone. This policy on harassment will tell you what to do to stop unwanted behavior.
Title IX
Definition: In accordance with Title IX, the District prohibits discrimination on the basis of sex, including sex-based harassment, in any education program or activity, as required by Title IX of the Education Amendments of 1972. Sex-based harassment includes, but is not limited to, sexual harassment, sexual assault, dating violence, and stalking.
Any student, employee, or third party found to have violated this policy will be subject to disciplinary action in accordance with the Code of Student Conduct, Board policy, and applicable federal, state, and applicable law. For specific actions, see infraction codes 14 “Sexual Harassment” and 16 “All Other Forms of Harassment/Intimidation,” in Appendix A: Discipline Decision-Making Guide.
Reporting Procedures:
The District encourages prompt reporting of all incidents of sex based discrimination or harassment. Any report of sex-based discrimination or harassment will be taken seriously, addressed promptly and with sensitivity. A student may report an incident of sexual discrimination or harassment verbally or in writing to any District employee. Employees who receive a report must promptly notify the Title IX Coordinator and reports can be made at any time by phone, email, or by completing and submitting the Title IX Reporting Form found under Quick Links. Additionally, if the person who received a complaint of sexual harassment is a mandated reporter and has reasonable cause to suspect that a student is the victim of child abuse, the incident should immediately be reported to the appropriate agency as directed by state law. Reports may be made by students, parents/guardians, employees,or third parties.
Title IX Coordinators: Amy Horst, 727-397-2421 ext 0008 or Jon Werner 717-3497-2421 ext 0101
Supportive Measures
The District will offer supportive measures to individuals involved in a report, regardless of whether a formal complaint is filed. These include, but are not limited to counseling services, academic accommodations, schedule changes, increased supervision, and no-contact directives. Supportive measures are provided without fee or penalty and are designed to restore or preserve equal access to education.
Retaliation/Confidentiality
This policy prohibits retaliation against an individual who files a complaint in response to conduct that s/he reasonably believes violates this policy, or against an individual who participates or cooperates with an investigation. Confidentiality will be maintained to the extent possible to effectively respond to a reported incident of sexual harassment. Any retaliation should be reported immediately and will result in disciplinary action. Disciplinary consequences may include suspension, expulsion, or other appropriate actions.
Sexual Harassment Checklist
- The action must be UNWANTED
- The action must be sexual in nature and can be VERBAL, NON-VERBAL, or PHYSICAL
- The conduct interferes with a student’s education or creates a hostile environment
- If this occurs:
- If it is safe, tell the person: “STOP, I don’t like it!”
- Report the conduct to a trusted adult (teacher, counselor, nurse, or administrator)
- Continue reporting if the conduct does not stop
Reporting Unlawful Harassment: The school district encourages and expects students who are subjected to harassment by another student or a school employee, or who are aware of other students being subjected to harassment, to immediately report the incident to any employee, staff member, or administrator.
If a student's parents believe their child was subjected to unlawful harassment, they may report the incident to the principal or, where appropriate, the superintendent.
Investigation of Complaints: Upon receipt of an unlawful harassment complaint, the district will conduct a prompt, thorough, and impartial investigation and a trained investigator or Title IX Coordinator will oversee the process. Both parties will have an opportunity to present the evidence and identify witnesses. The District will aim to complete the investigation within 15-30 calendar days, if additional time is needed, parties will be notified of the delay and expected timeline.
Interim Resolution: The district will, after consultation with the superintendent and whenever appropriate, be authorized to implement an interim resolution to a complaint pending the outcome of the investigation.
Corrective Action: If the investigation results in a substantiated charge of unlawful harassment, the district will take prompt corrective action to redress injury suffered by the complaining student and ensure the unlawful harassment ceases and will not recur.
Confidentiality: All information concerning the complaint will (to the extent it is practical to do so) be confidential and made available only on a "need to know" basis (which includes releasing information to law enforcement authorities). The administration will maintain accurate records of all phases of the investigation and follow up.
Right to Appeal: Either party may appeal a determination based on procedural irregularity, new evidence, or conflict of interest or bias. Appeals must be filed in writing within ten (10) working days of the receipt of the written decision. Within five (5) calendar days of receiving the report, the superintendent (or designee) will issue a written decision. Final appeals may be directed to the School Board, consistent with Board Policy.
Informal Resolution of Student/Student Complaints: In some instances, allegations of unlawful harassment made by one or more students against one or more students may be resolved without an investigation. In those situations, the principal (or designee) will meet with the involved students and, where appropriate, their parents to discuss the allegations and possibly resolve the matter. If the resolution is satisfactory to all parties, the case will be closed. Involvement in the informal resolution is voluntary and not a prerequisite to formally filing a complaint.
Parent Notification: Except under unusual circumstances, upon receipt of a complaint, the district will notify the parent/legal guardian of the complaining student. In the case of student-to-student complaints, which are handled informally, the principal will contact a parent/legal guardian if it is determined that the health, welfare, or safety of the student or other people is in jeopardy.
Filing False/Malicious Claims: Knowingly making false or malicious reports is prohibited and may result in disciplinary action. However, a report made in good faith will not result in discipline if it is not substantiated.
Retaliation Prohibited: There will be no retaliation of any kind against a person who, in good faith, files an unlawful harassment complaint, assists in the filing of a complaint, or takes reasonable steps to stop the unlawful harassment. Any person subject to retaliation should report that conduct to the superintendent.
Related Policies
If a reported incident does not fall under the scope of Title IX, the reported incident will be reviewed and appropriate steps taken under other applicable District policies, such as: