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P4843

ST. LOUIS BOARD OF EDUCATION REGULATION

PERSONNEL

EMPLOYEE AND LABOR RELATIONS

SEXUAL HARASSMENT

Employees

The Board of Education is committed to maintaining a work environment for employees and students that is free from all forms of discrimination, including sexual harassment. In addition, it is the published policy of the Board of Education that no employee and/or student in the St. Louis City Public School District shall, on the basis of sex or as a result of sexual harassment, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity.

SEXUAL HARASSMENT DEFINED:

In Employment Context (Title VII):

Sexual harassment in the employment context includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term of condition of an individual’s employment; or
Submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or
Qualified employees are denied employment opportunities or benefits because the opportunities or benefits are given to another employee who submitted to an employer’s sexual advances or requests for sexual favors.

In Education Context (Title IX students and/or employees)

Title IX forbids discrimination based on sex (including sexual harassment) in any educational program or activity that receives federal funds. The U.S. Department of Education Office for Civil Rights defines sexual harassment as: “Verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title IX.”

The definition of sexual harassment under Title IX includes, but is not limited to, unwelcome sexual advance, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

Submission to such conduct is made either implicitly or explicitly a term of condition of an individual’s academic status or progress, or employment; or
Submission to or rejection of such conduct by an individual is the basis for educational or employment decisions affecting that individual;
Such conduct creates an intimidating, hostile, or offensive educational or work environment; or
Qualified students or employees are denied educational or employment opportunities or benefits because the opportunities or benefits are given to another student or employee who submitted to sexual advances or requests for sexual favors.

Sexual harassment of students by school employees is prohibited regardless of whether the employee’s conduct is “welcome” or otherwise invited. For purposes of this policy and regulation only, the prohibition includes all full-time, part-time, substitutes, and other employees, including all volunteers and any non-employee who visits school premises and/or school activities, including off-campus school sponsored activities.

NON-EXCLUSIVE EXAMPLES OF SEXUAL HARASSMENT

Sexual Advances

Unwelcome sexual advances are determined on a case-by-case basis and may include, but are not limited to, the following:

Any invitation or propositioning intended to result in sexual liaison, regardless of how subtle the invitation; or
Invitations to social non-work related activities, if refusal to participate results in the loss of employment opportunities or adverse employment actions; or

Verbal Conduct of a Sexual Nature

Includes, but not limited to, the following:

Sexually provocative or explicit speech; or
Publicly expressed sexual fantasies; or
Jokes of a sexual or crude nature; or
Derogatory comments regarding either gender as a class; or
Demeaning comments; or
Threats of consequences for failing to submit to sexual advances; or
Sexually explicit writings or other sexual depictions.

Physical Conduct of a Sexual Nature

Includes, but not limited to, the following:

Unwarranted or unwelcome touching, kissing, etc.; or
Sexually offensive pranks; or
Sexually explicit cartoons, graffiti, or other sexual depictions; or
Sexually suggestive gestures; or

Sexual harassment of Students

In addition to the examples set forth above, the unique circumstances of students may result in harassment of students that is not immediately recognized as sexual harassment in an adult only context, but nonetheless requires a response from the District.

Conduct Towards Students of a Sexual Nature

Includes, but not limited to, the following:

Unwelcome sexual behavior, such as touching, sexually explicit or implicit comments, sexually based rumors, pictures, pranks, jokes, physically cornering/blocking another’s movements, public displays of affection; or
Subjecting students in a predominately single-gender classroom setting to sexual or sex based remarks/comments by peers and/or employees; or
Interfering with a student’s educational opportunity in a predominately or historically single-gender academic environment by preventing the student from accessing tools/equipment, basing performance evaluation on gender; hiding equipment, or suggesting a student does not belong in the academic setting due his/her gender.
Limiting or denying access to education opportunities based on gender.

SCOPE OF SEXUAL HARASSMENT

Sexual harassment is not limited to conduct by males toward females and can occur between any of the following:

Student on student
Staff on student
Staff on staff
Male on male
Female on female
Male on female
Female on male
Student on staff

INVESTIGATION OF SEXUAL HARASSMENT COMPLAINTS

Employee Complaints

There shall be no retaliation against or adverse treatment of any employee/student who utilizes the procedures set forth herein to file a complaint or grievance when such complaint/grievance is based on the individual’s good faith belief that an individual has been subjected to sexual harassment. Any employee/student who engages in any retaliatory action against a complainant shall be subject to disciplinary action, including dismissal or expulsion.
If an employee believes that he or she has been sexually harassed, or if an employee believes that a fellow employee or student is being subjected to sexual harassment, the employee must report this information to their immediate supervisor or building level administrator
If the employee believes that reporting such information to their immediate supervisor or building level administrator is inappropriate, the situation is not satisfactorily resolved by the supervisor/administrator, or if the employee is merely uncomfortable reporting to their supervisor/administrator, the employee should contact the District’s Title IX Coordinator at the following location:

St. Louis City Public Schools

801 N. 11^th St., St. Louis, MO 63101

Edmond T. Heatley, Ed.D., Title IX Coordinator

(314) 345-4483

If the employee’s supervisor or the Title IX coordinator is of the opposite sex as the reporting employee, or the reporting employee prefers to report the matter to another supervisor/administrator within the District, the employee shall have to right to so report. However, the report must be made to a district employee who possesses the necessary authority and obligation to act upon the employee’s concern.
Any district employee, who receives any report (oral or written) of harassment/discrimination, must notify the Title IX compliance officer within twenty-four (24) hours or within a reasonable time thereafter with good cause for the delay.
All complaints of harassment shall be in writing by the employee making the complaint or by the individual who receives the complaint. The employee making the complaint should sign the complaint, but a refusal to sign the complaint will not relieve the District of the obligation to investigate.
To the extent possible without compromising the integrity of the investigation, the District will maintain the confidentiality of the complaint and the details of the investigation.
Upon the filing of a report, the Title IX officer shall immediate conduct a full investigation of the complaint, or the Title IX officer may assign the matter to an investigator for a prompt and full investigation of the complaint. The complaint shall be investigated in a timely manner; however, the length and breadth of the investigation shall depend on the circumstances of the complaint. In any event, the School District will commence the investigation no later than forty-eight (48) hours after receipt of a complaint.
Upon completion of the investigation, the findings of the investigator shall be reduced to writing and forwarded to the Title IX compliance officer.
If the investigation substantiates the complaint, the District will take appropriate disciplinary or remedial action against the offender(s), up to and including termination of employment. If the offender is a student, disciplinary action shall be taken in accordance with state and federal law and the published District student discipline policies, and may result in expulsion. If the offender is not an employee of the District, the District will take all appropriate action within the scope of its legal authority to eliminate and redress the harassment.
If the investigation is indeterminate, the matter will be designated as unresolved, and the Title IX compliance officer will maintain the investigation file separately and apart from any student or personnel file. In the event of an indeterminate finding, the District may still take appropriate remedial actions to minimize the possibility of future complaints.

ENFORCEMENT OF SEXUAL HARASSMENT POLICY

Employees

Each supervisor, site-manager, and/or administrator employed by the District is responsible for maintaining an educational and work environment free from discrimination based on sex, or sexual harassment. It is the policy of the District that each supervisor, site-manager, and/or administrator, shall take immediate and appropriate actions to enforce the District’s sexual harassment policies and regulations, including but not limited to the following:

The Division of Human Resources shall provide a copy of the District’s sexual harassment policy and regulations to all new employees of the District prior to the employee’s commencement of duties.
Each supervisor, manager, and/or administrator shall, no later than the end of the first full calendar week of the academic year, and on an as needed basis thereafter, provide in-service training on sexual harassment to all employee under his/her charge that shall include instruction to all employees of the procedures for reporting suspected incidents of sexual harassment in the educational setting.
Each supervisor, manager, and/or administrator shall take prompt action to investigate all complaints of a sexual nature.
The supervisor, manger, and/or administrator shall take appropriate disciplinary action, as necessary and required by state and federal law.
Failure of any employee with supervisory or administrative duties to implement these responsibilities in an appropriate and satisfactory manner is cause for disciplinary action, up to and including termination from employment with the District.

Students

Each building level administrator or other District employee with student supervision responsibilities is responsible for maintaining an educational and work environment free from sexual harassment. It is the policy of the District that each building level administrator or other District employee with student supervision responsibilities, shall take immediate and appropriate actions to enforce the District’s sexual harassment policies and regulations, including but not limited to the following:

The building level administrator shall provide an in-service regarding sexual harassment (including sexual harassment involving students) to all staff no later than the end of the first full calendar week of the academic year.
Provide sexual harassment instruction to all students in grades kindergarten through twelve, no later then the end of the first full calendar month of the academic year.
Removal of all vulgar or sexually offensive graffiti from the building.
All homeroom teachers shall discuss the District’s sexual harassment policy and regulations with their students no later than the end of the first full calendar week of the academic year. As a part of these discussions, written copies of the District’s sexual harassment policy shall be given to each student in grades six through twelve. These discussions shall be conducted in an age appropriate manner with the purpose of informing students that they need not tolerate any form of sexual harassment.
All teachers, counselors, and administrators shall provide appropriate instruction on the procedures for reporting incidents of sexual harassment within the educational setting on as needed basis.
The building level administrator shall take prompt action to investigate all complaints of sexual harassment.
The building level shall take appropriate disciplinary action, to remedy and prevent future occurrences.
Any failure to implement these responsibilities appropriately and satisfactorily shall be cause for disciplinary action up to and including termination of employment.

NOTIFICATIONS OF SEXUAL HARASSMENT POLICY

The District’s Title IX Compliance Officer shall be available to answer all questions regarding the District’s sexual harassment policy or its application.

In addition, a copy of the District’s sexual harassment policy, or an explanation of the nature of sexual harassment and the District’s complaint-resolution process shall:

Be displayed in a prominent location at each work site within the District.
Be provided to every current and new employee prior to commencement of work duties.
Be included in any District publication that sets forth the District’s comprehensive rules, regulations, procedures, and standards of conduct for District employees.
Be included in any District publication that sets forth the District’s comprehensive rules, regulations, procedures, and standards of conduct for students.
Be included in District notifications provided/distributed to parents/guardians at the beginning of each academic year.
Be prominently displayed in a location near the most senior building level administrator’s office.
Be included in any orientation program conducted for new or returning students in grades six through twelve.
Identify the name, work place location, and phone number of the District’s Title IX Compliance Officer.

DISCIPLINE/CONSEQUENCES

Employee Complaints of Sexual Harassment

Any employee who sexually harasses anyone while on school property or during the course of employment off school property, shall be subject to disciplinary action, up to and including termination from employment.
Any student who permits or engages in the sexual harassment of a student shall be subject to disciplinary action, up to and including termination from employment.
Any employee who receives a student complaint of sexual harassment and who fails to immediately forward the complaint to the Title IX Coordinator shall be subject to disciplinary action, up to and including termination from employment.
Any employee who retaliates, or engages in conduct that might be interpreted as retaliation, towards any person who makes a complaint of sexual harassment, or participates in an investigation of a sexual harassment complaint, shall be subject to disciplinary action, up to and including termination from employment.
Any non-employee doing business with the District or a non-employee who is otherwise authorized to be on school property, who engages in sexual harassment, or who retaliates against any person who has made a complaint of sexual harassment, or who has participated in the investigation of a complaint of sexual harassment, will be subject to discipline to the fullest extent of the District’s authority over the non-employee and his/her employer. Such persons may be subject to a ban from reentry upon District property or attendance at school events whether on or off school property.
Any employee that files a false charge of sexual harassment shall receive appropriate discipline, up to and including termination from employment. For purposes of this policy, “false charge” shall not include complaints raised in good faith, but after investigation remain unsubstantiated by the District. A “false charge” is a complaint filed by an individual with knowledge of the complaint’s falsity.

Students Complaints of Sexual Harassment

Any student who engages in sexual harassment while on school property, or while participating in school activities (including school provided transportation), shall be subject to disciplinary action, up to and including expulsion.
Any employee who permits or engages in the sexual harassment of a student shall be subject to disciplinary action, up to and including termination from employment.
Any employee who receives a complaint of sexual harassment involving a student who does not immediately forward the complaint to the principal and the District’s Title IX Coordinator, shall be subject to disciplinary action, up to and including termination from employment.
Any student who files a false charge of sexual harassment shall receive appropriate discipline, up to and including expulsion. For purposes of this policy, “false charge” shall not include complaints raised in good faith, but after investigation remain unsubstantiated by the District. For purposes of this policy, a “false charge” is a complaint filed by an individual with knowledge of the complaint’s falsity.

Policy adopted: September 12, 1989

Revised: February 13, 1996

Revised: December 8, 1998

Revised: September 10, 2002

Revised: November 19, 2009

Legal Refs: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

Equal Educational Opportunities Act of 1973, 20 U.S.C. §§ 1701 et seq.

Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 – 1487

Missouri Special Education Services, §§ 162.670 - 162.999, RSMo.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.

Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213

Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq.

Missouri Human Rights Act, §§ 213.010 et seq., RSMo.

Female Employees' Wages, §§ 290.400 - .450, RSMo.

St. Louis, Missouri City Ordinance No.: 67119