STUDENTS 3225
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Sexual
Harassment/Intimidation of Students
Sexual
harassment is a form of sex discrimination and is prohibited. An employee,
District agent, or student engages in sexual harassment whenever that individual
makes unwelcome advances, requests sexual favors, or engages in other verbal,
non‑verbal, or physical conduct of a sexual or sex‑based nature,
imposed on the basis of sex, that:
1.
Denies
or limits the provision of educational aid, benefits, services, opportunities, or treatment, or that makes such
conduct a condition of a student’s academic status; or
2.
Has
the purpose or effect of:
a. Substantially
interfering with a student’s educational environment;
b. Creating
an intimidating, hostile, or offensive educational environment;
c. Depriving
a student of educational aid, benefits, services, opportunities, or treatment; or
d. Making
submission to or rejection of such unwelcome conduct the basis for academic decisions
affecting a student.
The
terms “intimidating,” “hostile,” and “offensive” include conduct that has the
effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment include, but
are not limited to, unwelcome touching, crude jokes or pictures, discussions of
sexual experiences, pressure for sexual activity, intimidation by words,
actions, insults, or name calling, teasing related to sexual characteristics,
and spreading rumors related to a person’s alleged sexual activities.
Students
who believe that they may have been sexually harassed or intimidated should
consult a counselor, teacher, Title IX coordinator, or administrator, who will
assist them in a complaint process.
Supervisors or teachers who knowingly condone or fail to report or
assist a student to take action to remediate such behavior of sexual harassment
or intimidation may themselves be subject to discipline.
Any
District employee who is determined, after an investigation, to have engaged in
sexual harassment will be subject to disciplinary action up to and including
discharge. Any student of the District
who is determined, after an investigation, to have engaged in sexual harassment
will be subject to disciplinary action, including, but not limited to,
suspension and expulsion consistent with the District’s discipline policy. Any person who knowingly makes a false
accusation regarding sexual harassment likewise will be subject to disciplinary
action up to and including discharge with regard to employees or suspension and
expulsion with regard to students.
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The District will make every effort to ensure that employees
or students accused of sexual harassment or intimidation are given an
appropriate opportunity to defend themselves against such accusations.
To
the greatest extent possible, the District will treat complaints in a
confidential manner. The District
realizes that limited disclosure may be necessary in order to complete a
thorough investigation. Retaliation
against persons who file a complaint is a violation of law prohibiting
discrimination and will lead to disciplinary action against an offender.
Any
individual seeking further information should consult the Superintendent for
the name of the current Title IX Coordinator for the District. The Superintendent will ensure that student
and employee handbooks include the name, address, and telephone number of an
individual responsible for coordinating District compliance efforts.
An
individual with a complaint alleging a violation of this policy should follow
the Uniform Complaint Procedure.
Cross Reference: 1700 Uniform Complaint Procedure
Legal
References: Art. X, Sec. 1,
§§ 49‑3‑101, et seq., MCA
Title
IX of the Educational Amendments, 20 U.S.C. ' 1681, et seq.
34
CFR Part 106
Policy
History:
First
Reading: 03/06/2006
Adopted
on:
Revised
on: