How to Recognize and Stop Sexual Harassment
SAMPLE SCHOOL POLICY
FAYETTE COUNTY BOARD OF EDUCATION
Fayetteville, West Virginia
BOARD POLICY: SEXUAL HARASSMENT
ADOPTED: December 20, 1994
It is the policy of the Fayette County Board of Education to maintain a learning and working environment that is free from sexual harassment. Therefore, sex-based harassment on Board property is prohibited.
Sexual harassment is a form of sex discrimination which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq, Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., and WV Code 5-11-1, et seq., the WV Human Rights Act.
Sexual harassment consists of unwelcome sexual advances, requests for sexual favor, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile, or offensive employment or educational environment.
Sexual harassment may include, but is not limited to, the following: verbal harassment or abuse; pressure for sexual activity; repeated remarks to a person with sexual or demeaning implications; unwelcomed touching; suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, job, etc. Also, some acts of sexual harassment of students by adults may be sexual abuse of minors, a violation of WV State Code.
Any employee or student who believes he or she has been the victim of sexual harassment by a student, an employee of the school board, or a non-employee on school grounds should report the alleged acts immediately to the student/employee's immediate supervisor. At the school level , the principle is designated as the immediate supervisor. When the student/employee's alleged complaint is against the individual's immediate supervisor, the alleged victim would file his/her alleged complaint with the immediate
supervisor's supervisor. All parties involved are encouraged to resolve alleged concerns at the lowest possible level on an informal basis. However, alleged victims may report complaints on forms available from the principal at each school or from the Board office.
Submission of an alleged complaint or report of sexual harassment will not affect the future employment, grades, or work assignments of the person who submits the complaint or report. The Fayette County Board of Education will respect confidentiality of the complainant and the individuals against whom the complaint is filed as much as possible, consistent with the Board's legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
Disciplinary action taken pursuant to this policy may include warning, counseling, suspension, expulsion, or dismissal in order to end sexual harassment and prevent its recurrence.
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