Complaints and Grievances Concerning Sexual Harassment
 

Prohibited Conduct
Employees and students of the Fort Payne City School System shall not engage in conduct constituting sexual harassment.  Sexual harassment is illegal and will not be tolerated.  The Board shall investigate all allegations of sexual harassment and take appropriate action against employees and others under the Board’s supervision who engage in sexual harassment.  Sanctions against employees for violation of this policy may include verbal or written warning, transfer, demotion, or termination of employment.  Sanctions against students may include punishment outlined in the Code of Student Conduct.
 

Definition
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature or any other offensive unequal treatment of an employee(s) or student(s) that would not occur but for the sex of the employee(s) or student(s) when:
 

1.  The advances, requests, or conduct have the effect of interfering with the performance of duties or creating an intimidating, hostile, or otherwise offensive work or educational environment; or
2.  Submission to such advances, requests, or conduct is used as a basis for employment decisions or decisions associated with school participation.
 

Complaint Procedure
An employee or student who believes he or she has been or is being subjected to any form of sexual harassment shall report the matter to his or her immediate Supervisor, Principal, the Administrative Assistant or the Superintendent.  An employee or student may request the right to make his or her report of sexual harassment to an administrator of the same sex as the employee or student.
 
No employee or student alleging sexual harassment shall be required to present the matter to the person who is the subject of the complaint.
 

The person receiving a complaint of sexual harassment shall start an immediate investigation into the matter.  The completed investigation shall be reviewed by the Superintendent, his designee and legal counsel for prompt and appropriate action if warranted.

 

Protection of Complainant
No employee or student shall be subject to adverse action in retaliation for any good faith report of sexual harassment under this policy.  To the fullest extent practical; all reports of sexual harassment will be kept confidential.

Harassment Policy
Fort Payne City Board of Education Anti-Harassment Policy
 

Section 1, Harassment, Violence, and Threats of Violence Prohibited
No students shall engage in or be subjected to harassment, violence, threats of violence, or Intimidation by any other student that is based on any of the specific characteristics that have been identified by the Board in this policy. Students who violate this policy will be subjects to disciplinary sanctions.           

Section 2. Definitions
(a)    The term “harassment” as used in this policy means a continuous pattern of intentional behavior that takes place on school property, an a school bus, or at a school-sponsored function including, but not limited to, written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristics falls into one of the categories of personal characteristics set forth in Section 3(b) below. To constitute harassment, a pattern of behavior may do any of the following:

· Place a student in reasonable fear of harm to his or her person damage to his or her property.

· Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student.

· Have the effect of substantially disrupting or interfering with the orderly operation of the school.

· Have the effect of creating a hostile environment in the school, on school property, on a school bus, or a school-sponsored function.

· Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.

 

(b) The term “violence” as used in this policy means the infliction of physical force by a student with the intent to cause injury to another students or damage to the property of another student.

 

(c) The term “threat of violence” as used in this policy an expression of intention to inflict injury or damage that is made by a student ad directed to another student.

 

(d) The term “intimidation” as used in this policy means a threat or other action that is intended to cause fear or apprehension in a student, especially for the purpose of coercing or deterring the student from participating on or taking advantage of any school program, benefit, activity or opportunity for which the students are or would be eligible.

 

(e) The term “student” as used in the policy means a student who is enrolled in the Fort Payne City School System.

 

Section 3. Description of Behavior Expected of Students
(a) Students are expected to treat other students with courtesy, respect, and dignity and comply with the Code of Student Conduct. Students are expected and required (1) to comply with the requirements of law, policy, regulation, and rules prohibiting harassment, violence, or intimidation (2) to refrain from inflicting or threatening to inflict violence, injury, or damage to the person or property of another student; and (3) to refrain from placing another student in fear of being subjected to violence, injury, or damage when such actions or threats are reasonably perceived as being motivated by any personal characteristic of the student that is identified in this policy.

 

(b) Violence, threats of violence, harassment, and intimidation are prohibited and will be subject to disciplinary consequences and sanctions if the perpetrator of such action is found to have based the prohibited action on one or more of the following personal characteristics of the victim of such conduct:

·        The student’s race;

·        The student’s sex;

·        The student's religion;

·        The student’s national origin; or

·        The student’s disability.

 

Section 4. Consequences for Violations
A series of graduated consequences for any violation of this policy will be those outlined in the Code of Student Conduct or any rule or standard adopted under authority of this policy.

 

Section 5. Reporting, Investigation, and Complaint Resolution Procedures

(a) Complaints alleging the violation of this policy must be made on Board-approved complaint forms available at the principal and/or counselor’s office. The complaint must be signed by the student alleging the violation or by the student's parent or legal guardian and delivered to the principal or the principal‘s designee either by mail or personal delivery. At the request of the complaining student of the student’s parent or legal guardian, incidental or minor violations of the policy may be presented and resolved informally.

 

(b) Upon receipt of the complaint, the principal or the principal’s designee will, at their sole discretion, determine if the complaint alleges a serious violation of this policy. If the principal or the principal’s designee determines that the complaint alleges a serious violation, the principal or the principal’s designee will undertake an investigation of the complaint. The investigation will entail the gathering of relevant facts, and evidence and will be conducted in a reasonably prompt time period taking into account the circumstances of the complaint. If the investigation establishes a violation, appropriate disciplinary sanctions will be imposed on the offending students(s). Other measures that are reasonable calculated to prevent a recurrence of the violation(s) may also be imposed by the principal or the school system.

 

(c) Acts of reprisal or retaliation against any student who has reported a violation of this policy or sought relief provided by this policy are prohibited and are themselves a violation of this policy. Any confirmed acts of reprisal or retaliation will be subject to disciplinary sanctions that may include any sanction, penalty, or consequence that is available to school officials under the Code of Student Conduct. A student who deliberately, recklessly, and falsely accuses another student of a violation of this policy will be subject to disciplinary sanctions as outlined in the Code of Student Conduct.

(d) The complaint for developed to report violations of this policy will include a provision for reporting a threat of suicide by a student. If a threat of suicide is reported, the principal or the principal’s designee will inform the student’s parent or guardian of the report.

 

Section 6.  Promulgation of Policy and Related Procedures, Rules, and Forms
This policy and any procedures rules, and forms developed and approved to implement the policy will be published, disseminated, and made available to students, parents and legal guardians, and employees by such means and methods as are customarily used for such purposes, including publication on the Fort Payne City Board of Education’s Web site.

 

 

Fort Payne City School System Report of Harassment Form
 

A complaint of a student alleging the violation of harassment must be signed by the student and/or the student’s parent or guardian and delivered to the principal or the principal’s designee either by mail or personal delivery. (See Policy JCF) If a threat of suicide is reported, the principal or designee will inform the parent or guardian.
Date:                   

Student’s Name: _______________________________

School:_______________________________________

Description of Harassing Incident(s):

 

Student(s) Involved

Names: __________________________________________________________________________

 

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Student’s or Parent’s/Guardian’s Signature,

 

                       Student                                                                             Parent

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Principal’s/Designee’s Documentation on back or attached;