ANTI-HARASSMENT

ANTI-HARASSMENT

ag5517Adopted June 1, 2009Revised March 30, 2023

5517 - ANTI-HARASSMENT

The Board of School Trustees 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 of School Trustees 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 to degrade, demean, harass, 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 provisions of Policy 5517 or these guidelines. Complaints that this guideline/policy has been violated will be processed as 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 Board of Education.

"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, religion, age, family status, limited English, 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 oral sexual innuendoes, 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, national origin, religion, age, family status, limited English, 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, 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, or spitting on or by a staff member, fellow student, or other person associated with the Corporation, or third parties, based upon the person's race, color, national origin, religious beliefs, or disability.

    4. Bullying:

      Bullying, as defined by Indiana statute IC 20-33-8-.2, means overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other targeted student and create for the targeted student an objectively hostile school environment that: (1) places the targeted student in reasonable fear of harm to the targeted student's person or property; (2) has a substantially detrimental effect on the targeted student's physical or mental health; (3) has the effect of substantially interfering with the targeted student's academic performance; or (4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit from the services, activities, and privileges provided by the school.

Anti-Harassment Complaint Coordinators

The following individuals shall serve as "Anti-Harassment Complaint Coordinators" for the School Corporation, hereinafter referred to as the "Complaint Coordinators":

Chief Human Resource Officer
812-949-4200
P.O. Box 1087
New Albany, IN 47151-1087

The Complaint Coordinators 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.

Complaint Coordinators are 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 that are initially filed with a school building administrator. Upon receipt of a complaint either directly or through a school building administrator, the Complaint Coordinator will begin either an informal or formal process (depending on the request of the member of the School Corporation community alleging harassment), or the Complaint Coordinator will designate a specific individual to conduct such a process. All members of the School Corporation community must report incidents of harassment which are reported to them to the Complaint Coordinator 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.

Complaint Procedure

  1. Any person who alleges 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 Complaint Coordinator. 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 Complaint Coordinator.

    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 or other School Corporation employees as soon as reasonably possible after the aggrievable action occurs. The building administrator who receives the complaint shall attempt to reach a satisfactory solution and shall report his/her findings to the employee(s) or student(s).

      1. If needed, the supervisor shall allow employee(s) a reasonable amount of work time to file and process an official 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/Educational 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 Complaint Coordinator, 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 Complaint Coordinator, 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 Complaint Coordinator 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 of School Trustees. The appeal to the Board of School Trustees shall be filed in the Superintendent’s Office.

      3. The Board of School Trustees shall hear the appeal, in executive session, within thirty (30) calendar days of its receipt. Each party and the Board of School Trustees may be represented by counsel. Additional evidence may be presented in the appeal to the Board of School Trustees only to avoid a substantial threat of unfairness. The Board of School Trustees 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.

Confidentiality

The School Corporation will make all reasonable efforts to protect the rights of the Complainant and the Respondent. The School Corporation will respect the privacy of the Complainant, the Respondent, and all witnesses in a manner consistent with the School Corporation's legal obligations under State and Federal law. Confidentiality cannot be guaranteed, however. All Complainants proceeding through the formal investigation process should be advised that their identities may be disclosed to the Respondent.

During the course of a formal investigation, the Complaint Coordinator or his/her designee will instruct all members of the School Corporation Community and third parties who are interviewed about the importance of maintaining confidentiality. Any individual who is interviewed as part of a harassment investigation is expected not to disclose any information that s/he learns or that s/he provides during the course of the investigation.

All public records created as a part of an investigation of a complaint of harassment will be maintained by the Complaint Coordinator in accordance with the Board's records retention policy. Any records which are considered student records in accordance with the Family Educational Rights and Privacy Act will be maintained in a manner consistent with the provisions of the Federal law.

Allegations Constituting Criminal Conduct: Child Abuse/Sexual Misconduct

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 Complaint 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 Complaint 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 a complaint of harassment. While the Complaint Coordinator or a 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 3/25/20

© Neola 2005