3362 - ANTI-HARASSMENT

The Board believes that all employees, parents/guardians, students, and members of the community are entitled to be treated and are obligated to treat others with courtesy, fairness, and decency. Only through the continuing commitment of employees and students to a safe, caring, and supportive atmosphere can we expect to enable all of our students to achieve their maximum potential as students, citizens, and productive members of society. Respect for the dignity and worth of every member of the school community must be recognized and promoted in the New Albany-Floyd County Consolidated School Corporation.

Floyd County, Indiana is a diverse, multicultural school community, and the Board considers this a source of pride and enrichment. This diversity underscores the importance of sensitivity to the backgrounds, feelings, and concerns of students, employees, and members of the community. Accordingly, it is a violation of this policy and these guidelines to degrade, demean, harass, haze, bully, stereotype, or ridicule any person on the basis of any assumed, perceived or actual characteristic, whether or not such characteristic is listed as a protected characteristic in the policy manual or these guidelines. Complaints that this policy has been violated will be processed under the procedure established in these guidelines.

Relevant Definitions

"School Corporation community" includes students, administrators, teachers, staff, and all other school personnel, including Board members, agents, volunteers, contractors, or other persons subject to the control and supervision of the School Board.

"Third parties" include, but are not limited to, guests and/or visitors on School Corporation property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with, the Board, and other individuals who come in contact with members of the School Corporation community at school-related events/activities (whether on or off School Corporation property).

"Sexual Harassment" has the same definition as set forth in the policy of the Board as reflective of the definition set forth in Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972.

"Harassment on the basis of race, color, national origin, age, limited English proficiency, religion, or disability" have the same definitions as set forth in the policy of the Board.

Prohibited Behavior

1. Conduct constituting sexual harassment may take different forms, including, but not limited to, the following:

   1. Verbal:

      The making of offensive written or verbal sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, threats, or propositions.

   2. Nonverbal:

      Causing the placement of offensive sexually suggestive objects, pictures, or graphic commentaries in the school environment or the making of offensive sexually suggestive or insulting gestures, sounds, leering, whistling, and the like.

   3. Physical contact:

      Threatening or causing unwanted touching, contact, or attempts at same, including patting, pinching, brushing the body, or coerced sexual activity.

2. Conduct constituting harassment on the basis of race, color, age, national origin, religion, limited English proficiency, or disability may take different forms, including, but not limited to, the following:

   1. Verbal:

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

   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 intimidation or disparaging action such as hitting, pushing, shoving, hissing, or spitting on or by a fellow staff member, student, or other person associated with the Corporation, or third parties, based upon the person's race, color, national origin, religious beliefs, or disability.

Anti-Harassment Complaint Coordinator/Equal Employment/Educational Opportunity Officer (EEO)

The following individual shall serve as "Anti-Harassment Complaint Coordinators" for the School Corporation, hereinafter referred to as the "E.E.O. Officer".

Jeanine Corson
Chief Human Resources Officer
812-542-2118
2813 Grant Line Road
New Albany, IN 47150-1087
jcorson@nafcs.org

The E.E.O. Officer will be available during regular school/work hours to discuss concerns related to unlawful harassment, to assist members of the School Corporation community and third parties who seek support or advice when informing another individual about "unwelcome" conduct or to intercede informally on behalf of the member of the School Corporation community or third party.

The E.E.O. Officer is assigned to accept complaints of unlawful harassment directly from any member of the School Corporation community or a visitor to the Corporation or to receive complaints which are initially filed with a school administrator. Upon receipt of a complaint either directly or through a school building administrator, the E.E.O. Officer will begin either an informal or formal process (depending on the request of the member of the School Corporation community alleging harassment), or the E.E.O. Officer will designate a specific individual to conduct such a process. In the case of a formal complaint, the E.E.O. Officer will prepare recommendations for the Superintendent or will oversee the preparation of such recommendations by a designee. All members of the School Corporation community must report incidents of harassment which are reported to them to the E.E.O. Officer within five (5) calendar days of learning of the incident.

Investigation and Complaint Procedure

Any member of the School Corporation community or third party who believes that s/he has been subjected to unlawful harassment may seek resolution of his/her complaint through either the informal or formal procedures as described below. While there are no time limits for initiating a complaint of harassment, individuals should make every effort to file an informal or formal complaint as soon as possible after the harassing conduct occurs. Both the informal and formal procedures set forth below are established to provide a prompt and equitable process for resolving complaints of unlawful harassment.

1. Any person who alleges discrimination or harassment by any employee or student in the School Corporation may use the complaint procedure set out below or may lodge a complaint, verbally or in writing, with his/her immediate supervisor, building principal, or the Equal Employment/Educational Opportunity (E.E.O.) Officer directly. The filing of a complaint for discrimination or harassment will not reflect upon the individual’s status, nor will it affect future employment, grades, or work assignments. There shall be no retaliation whatsoever for filing a discrimination report or complaint. No actions or comments shall disparage the filing of a complaint.

2. The right of confidentiality, both of the complainant and the accused will be respected consistent with the School Corporation’s legal obligation to investigate and to take corrective action when this conduct has occurred.

3. All reports of racial harassment or discrimination, sexual harassment or discrimination, and harassment or discrimination on the basis of other protected characteristics shall be handled in the following manner:

   1. When a supervisor or other School Corporation employee receives an employee or student complaint alleging discrimination because of race, sex, color, creed, family status, age, disability, religion, or national origin, s/he shall immediately notify the building administrator. The building administrator shall immediately notify the E.E.O. Officer.

   2. Informal Process – The employee, group of employees, student or group of students should report the complaint, either verbally or in writing, to a supervisor of the School Corporation employee as soon as reasonably possible after the action occurs. The building administrator who receives the complaint shall attempt to reach a satisfactory solution and, within five (5) calendar days, shall report his/her findings to the employee(s) or who filed the complaint.

      1. The supervisor shall allow the employee(s) a reasonable amount of work time to file and process a complaint. The supervisor shall also advise employee(s) or student(s) that if help is needed in filing the complaint s/he may contact the Equal Employment/Education Opportunity Office. Forms shall be supplied by the Corporation.

      2. If the employee(s) or student(s) is not satisfied with the building administrator’s decision, s/he may, within ten (10) calendar days, appeal the decision, in writing, to the Superintendent’s Office. The appeal shall include a request for a formal or informal hearing.

      3. If an informal hearing is requested, the Superintendent shall refer the matter to the E.E.O. Officer, and s/he shall investigate the allegations and shall hold a conference with both parties seeking an agreeable resolution. If an agreeable resolution is reached, it shall be written for both parties to sign. Copies shall be given to each party. A file shall be maintained by the E.E.O. Officer, and the situation shall be periodically monitored to assure that the agreements are working. A memo will be mailed to the building administrator stating that the resolution has been reached and setting out the substance of the resolution.

      4. If no agreement is reached, the E.E.O. Officer shall write a recommendation for resolution and hold it pending further appeal. Within ten (10) days of the conclusion of the informal process, the employee(s) or student(s) filing a complaint may appeal the matter, in writing, to the formal hearing process.

   3. Formal Process – If a formal hearing is requested, the Superintendent shall appoint a hearing examiner within two (2) days of the receipt of the written complaint. The hearing examiner shall set a hearing date within ten (10) calendar days after receiving the appeal. A hearing shall be held within thirty (30) calendar days. The hearing examiner shall conduct the hearing, and each party will present his/her claims and supportive evidence. Either party may be represented by counsel.

      1. The hearing examiner shall make his/her recommendation to the Superintendent within ten (10) calendar days after the hearing, unless a longer time is agreed upon by the parties or is dictated by necessity. The Superintendent may agree with the hearing examiner’s recommendation or make a new decision. The Superintendent shall make his/her decision on the matter within five (5) calendar days of receipt of the hearing examiner’s recommendation, and the decision shall be communicated to the parties immediately thereafter.

      2. If the employee(s) or student(s) is not satisfied with the decision of the Superintendent, s/he may, within ten (10) calendar days, appeal, in writing, to the Board. The appeal to the Board shall be filed in the Superintendent’s Office.

      3. The Board shall hear the appeal, in executive session, within thirty (30) calendar days of its receipt. Each party and the Board may be represented by counsel. Additional evidence may be presented in the appeal to the Board only to avoid a substantial threat of unfairness. The Board may deliberate in private, with the assistance of counsel, following the presentation of the appeal. The Board’s decision shall be rendered in the first public session following the presentation of the appeal. The Board’s decision is final and constitutes the conclusion of the School Corporation complaint and appeal process.

4. Sanctions for Misconduct

   1. A substantiated charge against an employee in the School Corporation shall subject such employee to disciplinary action including but not limited to reprimand, reassignment, suspension, loss of pay or discharge. The disciplinary action shall be commensurate with the conduct. In imposing discipline, the administration and Board of School Trustees shall comply with applicable policies, agreements, and statutes.

   2. A substantiated charge against a student in the School Corporation may subject that student to disciplinary action including suspension, expulsion or other punishment which the Corporation deems appropriate and necessary to correct the behavior. In imposing such discipline, the administration and the Board of School Trustees shall comply with the applicable policies and statutes.

5. Remedial Action

   When a charge of discrimination is substantiated through this process, the School Corporation will take timely, effective and reasonable action to address the issues raised by such complaint, including appropriate action for persons subjected to discrimination.

6. False Reporting

   Any person who knowingly files false charges against an employee or a student in an attempt to demean, harass, abuse or embarrass that individual shall be subject to disciplinary action consistent with applicable policies, agreements and statutes.

7. Recordkeeping

   A complete record of all complaints under this policy and the deposition of such complaints shall be maintained in the Equal Employment/Educational Opportunity Office.

8. Notification of this Policy

   Notice of this policy and guidelines shall be circulated to all schools and departments of the New Albany-Floyd County Consolidated School Corporation and incorporated in each employee and student handbook.

Allegations Constituting Criminal Conduct: Child Abuse/Sexual Misconduct

The state law requires any school teacher or school employee who knows or suspects that a child under the age of eighteen (18) is a victim of child abuse or neglect to immediately report that knowledge or suspicion to the school principal or superintendent, who must notify the local child protection service. If, during the course of a harassment investigation, the Compliant Coordinator or a designee has reason to believe or suspect that the alleged conduct reasonably indicates abuse or neglect of the complainant, a report of such knowledge must be made in accordance with State law and Board Policy.

If the complainant coordinator or a designee has reason to believe that the Complainant has been the victim of criminal conduct as defined under Indiana law, such knowledge should be reported to local law enforcement.

Any reports made to the local child protection service or to local law enforcement shall not terminate the Complaint Coordinator’s or a designee’s obligation and responsibility to continue to investigate the complaint of harassment. While the Complaint Coordinator or designee may work cooperatively with outside agencies to conduct concurrent investigations, in no event shall the harassment investigation be inhibited by the involvement of outside agencies without good cause after consultation with the Superintendent.

Revised 11/14/16

© Neola 2021