Sexual Harassment

of Students                                                                                                           


The Hicksville Board of Education is committed to safeguarding the right of all students within the school district to a learning environment that is free from all forms of sexual harassment.  Therefore, the board condemns all unwelcome behavior of a sexual nature, whether by an employee of the district or by another student or group of students, which is either designed to extort sexual favors from a student as a term or condition of academic success, or which has the purpose or effect of creating a intimidating, hostile, or offensive learning environment.  The board also strongly opposes any retaliatory behavior against complainants or any witnesses.

 

            Any student who believes that s/he has been subjected to sexual harassment should report the alleged misconduct immediately so that appropriate corrective action may be taken at once.  In the absence of a victim’s complaint, the board, on learning of, or having reason to suspect, the occurrence of any sexual harassment, will ensure that an investigation is promptly commenced by appropriate individuals.

 

The Superintendent of Schools if directed to develop and implement specific procedures on reporting, investigation and remedying allegations of sexual harassment.  These procedures are to be consistent with students’ and employees’ right to due process.

 

Board Approval Date:  June 17, 1992
 
 

                                                                                                                       

Sexual Harassment of Students Regulations                                                                               5462

Procedure

 

            Students who believe they have been subjected to sexual harassment are to report each incident to the principal, assistant principal, dean of students, or other administrator in the school they attend.  Should any of these persons be the alleged harasser, the report will be made to the Director or Assistant Director of Special Education and Pupil Personnel Services.  Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.

 

            All reports of sexual harassment will be held in confidence subject to all applicable laws and any due process rights.

 

            Consistent with federal and state law, and due process rights, the following procedures will be employed in handling any report, investigation and remedial action concerning allegations of sexual harassment.

 

Informal Complaints

 

            Students who believe they have been subjected to sexual harassment may request that an informal meeting be held between themselves and the administrator. The purpose of such a meeting will be to discuss the allegations and remedial steps available.  The administrator, if s/he is the principal, will then promptly discuss the complaint with the alleged harasser.  If the administrator is not the principal, the administrator will immediately report the incident to the principal who will proceed as outlined above.  If the complaint is about another student, the principal may delegate the investigation and discussion to another building administrator.  Should the harasser admit the allegations, the principal or designee is to obtain a written assurance that the unwelcome behavior will stop.  Depending on the severity of the charges, the principal may recommend that further disciplinary action be taken.

 

            Therefore, the principal is to prepare a written report of the incident and inform the complainant of the resolution.  The complainant is to indicate on the principal’s report whether or not s/he is satisfied with the resolution.

 

a.                   If the complainant is satisfied with the resolution, the incident will be deemed closed.  However, the complaint may be reopened for investigation if a recurrence of sexual harassment is reported.  The complainant is to inform the principal of any recurrence of the harassment or any retaliatory action that might occur.

 

b.                  Should the complainant be dissatisfied with the resolution, s/he is to file a formal written complaint.           

 

c.                   If during the principal’s informal attempt to resolve the complaint, the alleged harasser admits the allegations but refuses to give a written assurance that s/he will refrain from the unwelcome behavior, the principal, in the case of a complaint against a district employee, is to file a report with the next appropriate level of management.  The report is to indicate the nature of the complaint, a description of what occurred when the supervisor informed the alleged harasser of the allegations against him/her, the harasser’s response to the allegations, and, if appropriate, a recommendation that stronger corrective measures be taken.  This report should be accompanied by a formal complaint.  In the case in which the complaint is against another student, the principal, in this instance, must take stronger corrective measures.

 

d.                  Should the alleged harasser deny the allegations, the principal is to inform the complainant of the denial and state that a formal written complaint will be required for further investigation.  The principal, in the case of a complaint against a district employee, will file a report with the next level of management on what has transpired to date.  If the complainant submits a formal complaint, a copy of it should accompany the principal’s report with a recommendation concerning further action.  In the case of a complaint against another student, the principal’s judgment will guide her/his subsequent actions.

 

e.                   In all cases of student complaints of sexual harassment, the parents of students are to be notified of the complaint and the resolution.

 

f.                    Any staff member who receives a disclosure of sexual harassment from a student is to report same immediately to the principal, who will then follow the steps outlined above.

 

Formal Complaints

 

            Upon receipt of a formal or informal complaint a prompt, thorough and impartial investigation of the allegations must follow.  This investigation is to be conducted diligently.  Complainants are to be notified of the outcome of the investigation.

                                                                                                           

Remedial Action

 

            If the investigation reveals that sexual harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law.

 

Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law.

 

            If the investigation reveals that no sexual harassment has occurred, and/or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the next appropriate level of management.  The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.

 

Post-Remedial Action

 

            Following a finding of sexual harassment, victims will be periodically interviewed by the appropriate supervisory personnel to ensure that the harassment has not resumed and that no retaliatory action has occurred.  These follow-up interviews will continue for an appropriate a period of time.  A report will be made of any victim’s response.

 

Complaint Records

 

Complainant should receive a copy of any resolution reports filed by the supervisor concerning his/her complaint.

 

Investigation in the Absence of a Complaint

 

            The Superintendent will, in the absence of a victim’s complaint ensure that an investigation is started by the appropriate individuals, on learning of, or having reason to suspect, the occurrence of any sexual harassment.

 

Board Approval Date:  June 17, 1992

 

 

 Sexual Harassment Complaint Form

 

 

 

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