5517 - ANTI-HARASSMENT

These guidelines are established to assist in the proper implementation of Policy 5517.

Notice of the School Board's anti-harassment policy and the identity of the Compliance Officers (COs) shall be posted throughout the School Corporation, published in any Corporation statement regarding the availability of educational services, in all student handbooks, in general information publications of the Corporation as required by Federal and State law and this guideline, and on the Corporation website.

Prohibited Behavior

Sexual Harassment covered by Policy/AG 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities is not included in this administrative guideline Allegations of such conduct shall be addressed solely by Policy/AG 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities.

Conduct constituting harassment on the basis of race, color, national origin, religion, or disability may take different forms, includingbut not limited to the following:

1. Verbal:

   The making of offensive written or oral innuendos, comments, jokes, insults, threats, or disparaging remarks concerning a person's race, color, national origin, religious beliefs, or disability.

2. Nonverbal:

   Placing offensive objects, pictures, or graphic commentaries in the school environment or making insulting or threatening gestures based upon a person's race, color, national origin, religious beliefs, or disability.

3. Physical:

   Any intimidating or disparaging action, such as hitting, pushing, shoving, hissing at, or spitting on a student by a staff member, another student, other member ofthe Corporation community, or Third Parties, based upon the person's race, color, national origin, religious beliefs, or disability.

Investigation and Complaint Procedure

In determining whether alleged conduct constitutes a violation of Policy 5517, the following factors will be considered:

1. the nature of the behavior;

2. how often the conduct occurred;

3. whether there were past incidents or past continuing patterns of behavior;

4. the relationship between the parties involved;

5. the race, color, national origin, religion, age and/or disability of the victim;

6. the identity of the Respondent, including whether the Respondent was in a position of power over the person allegedly subjected to harassment;

7. the number of Respondent(s);

8. the age of the Respondent(s);

9. where the harassment occurred;

10. whether there have been other incidents in the school involving the same or other individuals;

11. whether the conduct adversely affected the person’s work or educational performance or environment;

12. the context in which the alleged incidents occurred; and

13. whether or not speech or expression that is alleged to constitute harassment is protected by the First Amendment to the United States Constitution.

Whether a particular action or incident constitutes a violation of Policy 5517 requires a determination based on all the facts and surrounding circumstances.

Revised 12/9/03
Revised 5/06
Revised 5/11/10
Revised 7/29/10
Revised 12/15/10
Revised 2/11/14
Revised 1/12/16

© Neola 2021