P5131.7

ST. LOUIS BOARD OF EDUCATION POLICY
STUDENTS
ELEMENTARY, MIDDLE AND SECONDARY
Activities
Conduct – Sexual/Racial Harassment

It is the policy of the Board of Education to maintain an educational environment that is free from discrimination, including sexual harassment and harassment based on race, color or national origin (racial harassment). The Board of Education prohibits sexual/racial harassment by students. This prohibition applies to harassment between students, by a student to board employees, or by employees to students.

"Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

1. Submission to such conduct or communication is made either explicitly or implicitly a term or condition of a student’s academic status or progress; or

2. Submission to or rejection of such conduct or communication by an individual is used as a factor for evaluating the student’s performance within a course of study or other school-related activity; or

3. Such conduct or communication has the purpose or effect of unreasonably or substantially interfering with a student’s educational performance or creating an intimidating, hostile, or offensive educational environment.


Examples of conduct which may amount to sexual harassment include verbal harassment or abuse, subtle pressure for sexual activity, inappropriate patting or pinching, intentional brushing against a student’s or employee’s body, and any sexually motivated unwelcome touching.


Sexual/Racial Harassment (continued) P5131.7

Racial harassment is unlawful discrimination on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964. All forms of racial harassment are prohibited at school, on school property, and at all school sponsored activities, programs or events.

Racial Harassment shall include but not be limited to:
1. name calling, jokes, rumors, slurs, innuendo, or belittling
2. graffiti
3. notes or cartoons
4. offensive or graphic posters or book covers
5. any words or actions that hurt your feelings, or make you feel bad
6. derogatory remarks, gestures, bullying
7. extorting

Students who violate this policy shall be subject to suspension, expulsion, and/or possible referral for prosecution.


References

cf: Board Policy P4843 and Regulation R4843 Employee Sexual Harassment

Legal: Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 E-2, et seq.
29 C.F.R. 1604.11
34 C.F.R. 100.3


Policy adopted: February 13, 1996

Revised: December 07, 1999

Revised: April 16, 2002


R5131.7


ST. LOUIS BOARD OF EDUCATION REGULATION

STUDENTS
ELEMENTARY, MIDDLE AND SECONDARY
Activities

Conduct – Sexual/Racial Harassment

A student who believes that he or she has been a victim of sexual or racial harassment by a student should report the alleged acts immediately to an appropriate district official as designated by this regulation. Alleged sexual harassment by an employee is governed by board policy P4843 and regulation R4843.

A student who believes that he or she has been or is being subject to racially or sexually harassing acts or conduct by another student should notify the principal of the school. The principal must notify the associate superintendent for site support/instructional and leadership. The associate superintendent for site support/instructional and leadership will conduct an investigation of the alleged sexual harassment, or designate the principal to conduct the investigation. In addition, students who believe that a fellow student is being subjected to sexual/racial harassment should report this information to the principal or the associate superintendent for site support/instructional and leadership.

Investigations of all student complaints must include contact with parent(s) or legal guardians. The associate superintendent for site support/instruction and leadership shall make a report to the superintendent upon completion of the investigation.

The district will respect the confidentiality of the complainant and the individuals against whom the complaint is filed as much as possible, consistent with the district's legal obligations and the necessity to investigate allegations of harassment and take disciplinary action where the conduct has occurred.


Sexual/Racial Harassment (continued) R5131.7

Upon receipt of a recommendation that the complaint is valid, the district will take such actions as appropriate based on the results of the investigation. Students found to have violated the board's harassment policy shall be subject to suspension, expulsion, and/or possible referral for prosecution.

The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant. The document will include any disciplinary action taken as a result of the complaint.

References

cf: Board Policy P4843 and Regulation R4843 Employee Sexual Harassment

Legal: Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 E-2, et seq.
29 C.F.R. 1604.11
34 C.F.R. 100.


Regulation approved: February 13, 1996

Revised: December 07, 1999

Revised: April 16, 2002

 




 
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