JCBE/POLICY FILE: 280
Approved: 10/21/93
Revised: 5/27/99
POLICY ON PROHIBITED SEXUAL HARASSMENT
As a type of unlawful sex discrimination, and as conduct that is inherently inappropriate in the educational setting, sexual harassment in all its forms is prohibited in facilities, functions, and programs owned, operated, or sponsored by the Jefferson County Board of Education. Employees, students, and others who are or who may have been sexually harassed are encouraged to report such conduct and to pursue resolution of the complaint through formal and informal reporting and complaint procedures approved by the Board. No adverse action will be taken against any employee or student making a good faith report or allegation of sexual harassment. Following appropriate investigation, any employee found to have engaged in prohibited sexual harassment will be subject to disciplinary sanctions, including suspension or termination, and the Board will implement any additional corrective or remedial measures deemed appropriate under the circumstances.
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when:
(1) Submission to such conduct or communication is made a term or condition (either explicitly or implicitly) of employment, educational opportunity or other benefits provided by the school system;
(2) Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual's employment, educational opportunities, or other benefits provided by the school system; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working, learning or educational environment.
The following are examples of conduct that may constitute sexual harassment, depending on individual circumstances.
(1 ) Verbal harassment or abuse of a sexual nature, including graphic comments, the display of sexually suggestive objects or pictures, and sexual propositions;
(2) Repeated unwelcome solicitation of sexual activity or sexual contact;
(3) Unwelcome, inappropriate sexual touching;
(4) Demands for sexual favors accompanied by implied or overt promises of preferential treatment or threats with regard to an individual's employment or educational status.
Information about complaint reporting and resolution procedures is available from the Superintendent or the Director of Compliance.
SEXUAL HARASSMENT COMPLAINT REPORTING AND RESOLUTION PROCEDURES
The following complaint reporting and resolution procedures apply to instances of actual or suspected sexual harassment as defined and prohibited by law and Board policy.
A. EMPLOYEE COMPLAINT RESOLUTION PROCEDURE
1. Reporting Harassment. Any employee with reason to believe that he or she has been or is being subjected to any form of sexual harassment should immediately report the matter to his or her supervisor. The employee may choose to make his or her report of sexual harassment to a supervisor of the same sex as the employee. An employee may also choose to report any incident directly to the Director of Compliance or the Office of the Superintendent. Under no circumstances shall an employee be required to present a complaint for investigation or resolution to the person who is alleged to have committed the harassment.
2. Informal Complaints. Informal complaints of sexual harassment may be submitted to the employee's supervisor for resolution at the local level. The supervisor may investigate and attempt to resolve the matter without resorting to formal procedures. However, the supervisor should inform the Director of Compliance when an informal complaint is submitted. If the complaint is not resolved to the satisfaction of the complaining employee, the employee should contact the Director of Compliance to initiate formal complaint procedures.
3. Formal Complaints.
Persons Responsible For Receiving & Investigation of Formal Complaints. The Director of Compliance/Title IX Coordinator is the primary school official responsible for receiving formal complaints regarding sexual harassment. If the Director of Compliance is unavailable or is the subject of the complaint, the complaint should be presented to the Director of Human Resources or the Superintendent.
b. Filing the Complaint. All formal complaints of sexual harassment should be submitted to the Director of Compliance. Because an accurate record of the charges is required to fully investigate a complaint, the complaint should be in writing, should fully describe the circumstances surrounding the alleged harassment, and should be signed by the complainant. Under appropriate circumstances (e.g., disability, illiteracy, etc.), the Director of Compliance may assist the complainant in reducing the complaint to writing.
c. Investigation. After a formal complaint is received, Board representatives should promptly investigate the complaint, may review the results of any investigation with appropriate administrators, legal counsel, or other officials, should prepare factual findings, and, if appropriate, recommend action on the basis of the investigation and findings. The complaining party will be informed of the disposition or recommended disposition of the complaint.
d. Review by Superintendent or Board of Education. If the complainant is not satisfied with the action proposed to be taken in response to a complaint, he
or she may request that the Superintendent further review the complaint, or present it to the Board of Education for review and action. The Board will render a final decision on any appeal it considers as soon as is practicable.
B. STUDENT COMPLAINT RESOLUTION PROCEDURE
Reporting Harassment. Any student who believes that he or she has been or is being subjected to any form of sexual harassment or has knowledge of sexual harassment involving other students should promptly report the matter to a teacher, counselor, assistant principal or principal, or other school official, who, in turn, should promptly apprise the Director of Compliance of the reported incident. A student may choose to make his or her report of sexual harassment to a person of the same sex as the student. Complaints may be brought on a student's behalf by a parent, guardian, teacher, or other school official. Under no circumstances shall a student be required to present the matter for investigation or resolution to the person who is alleged to have committed the harassment.
2. Local Investigation & Resolution. Some cases are most appropriately resolved by investigation and disposition at the school site in accordance with applicable disciplinary guidelines. In such cases, the principal may investigate and attempt to resolve the matter without resorting to formal procedures. If the complaint is not resolved to the satisfaction of the student or other complaining party, the student or his representative should contact the Director of Compliance immediately.
3. Formal Complaints.
a. Persons Responsible For Receiving & Investigation of Formal Complaints.
The Director of Compliance is the primary school system official responsible for receiving formal complaints of sexual harassment. If the Director of
Compliance is unavailable or is the subject of the complaint, the student may present the complaint to the Director of Human Resources, the Superintendent, or other official designated by the Superintendent for that purpose.
b. Filing the Complaint. All formal complaints of sexual harassment should be submitted to the Director of Compliance. Because an accurate record of the charges is required to fully investigate a complaint, the complaint should fully describe all circumstances giving rise to the complaint and be signed by the complainant. Under appropriate circumstances (e.g., disability, illiteracy, etc.), the Director of Compliance may assist the complainant in reducing the complaint to writing.
c. Investigation. After a formal complaint is received, the Board's representatives should promptly investigate the complaint, may review the results of any investigation with appropriate administrators, legal counsel, or other officials, should prepare factual findings and, if appropriate, recommend action on the basis of the investigation and findings. The complaining party or his representative will be informed of the dispositive or recommended disposition of the complaint.
d. Review by Superintendent or Board of Education. If the complainant is not satisfied with the action proposed to be taken in response to a complaint, he or she may request that the Superintendent further review the complaint, or present it to the Board of Education for review and action. The Board will render a final decision on any appeal it considers as soon as is practicable.
C. CONFIDENTIALITY
To the extent practical, all reports of sexual harassment should be kept confidential.
Complete confidentiality cannot be guaranteed.
D. RETALIATION PROHIBITED
Any form of retaliation or adverse action taken in response to a good faith report of sexual harassment is expressly prohibited.
E. PROVIDING FALSE INFORMATION
Any Board employee who falsely and in bad faith accuses another of sexual harassment or who otherwise knowingly provides false information regarding sexual harassment may be subject to appropriate disciplinary action, up to and including termination. Any student who falsely and in bad faith accuses another of sexual harassment or who otherwise knowingly provides false information regarding sexual harassment may be subject to disciplinary action in accordance with the Code of Student Conduct.
F. PENALTIES FOR VIOLATION
1. Emplovees. Any employee who sexually harasses a student, employee, or other person in violation of the Board's sexual harassment policy, or who impedes or refuses to cooperate with a Board investigation into allegations of sexual harassment, will be subject to appropriate disciplinary action up to and including termination.
2. Students. Any student who sexually harasses another student or person in violation of the Board's sexual harassment policy, or who refuses to cooperate with a Board investigation into allegations of sexual harassment, will be subject to punishment in accordance with the Code of Student Conduct.
DIRECTOR OF COMPLIANCE/TITLE IX COORDINATOR
The Director of Compliance/Title IX coordinator may be reached at the following address:
Jefferson County Board of Education
210018th Street South
Birmingham, AL 35209-1891
(205) 930-3800
The foregoing procedures are intended to provide an effective means of enforcing the Jefferson
County Board of Education's strict prohibition against sexual harassment and to facilitate the reporting, processing, and resolution of sexual harassment complaints. Accordingly, they may be flexibly applied as appropriate and necessary to serve their intended purposes, and are not intended to limit the right or authority of the Jefferson County Board of Education to address or respond to complaints of sexual harassment or related misconduct.