Policy Against Sexual Harassment

BOARD POLICY 4261

(Title VII 42 USC 2000e-2a), Title IX Educational Amendments of 1972, O.R.C. 4112.02)

A. All employees and students have the right to work and/or attend school in an environment free from

all forms of discrimination which can be considered harassing, including sexual harassment. The

Ironton Board of Education herewith states its intention to ensure compliance with all applicable

statutes regarding sexual harassment.

B. Definitions:

“Sexual Harassment” is defined as a continued pattern of unwelcome sexual advances, request for

sexual favors, or physical contact of a sexual nature by supervisors, staff members, citizens or students

under any of the following conditions:

1. when submission to the conduct involves a condition of the individual’s employment, stated or

implied;

2. the individual’s submission or refusal is used, or might be used, as the basis for an employment or

educational decision which affects the individuals;

3. the conduct unreasonably interferes with the individual’s job or academic performance or creates an

environment that is intimidating, hostile, or offensive.

Sexual Harassment may include, but not limited to:

1. verbal harassment or abuse;

2. graffiti or other written communication of a sexual nature;

3. subtle pressure for sexual activity;

4. inappropriate patting or pinching;

5. intentional brushing against a student’s or an employee’s body;

6. demanding sexual favors accompanied by implied or overt threats concerning an individual’s

employment or educational status;

7. demanding sexual favors accompanied by implied or overt promises of preferential treatment

with regard to an individual’s employment of educational status;

8. any sexually motivated unwelcome touching; or

9. a physical act of aggression that includes a sexual act or sexual purpose.

“Quid pro quo harassment”, this is unwelcome conduct on the basis of an employee’s sex that affects a term or condition of employment. Quid pro quo – this for that – harassment can be committed by a supervisor or some one in the school’s hierarchy with the power to confer or withhold a tangible benefit such as promotion, contract renewal, etc.

“Hostile environmental harassment”, this occurs when an employee or student is subjected to unwelcome sexual conduct based on gender that is sufficiently pervasive or severe to alter the terms or conditions of the victim’s employment. Students may claim hostile environment conditions when sexually harassed by other students.

“Unwelcomeness”, the complained of sexual harassment must be unwelcome. The victim’s actions must be consistent with the assertion that the conduct was unwelcome. Victims should inform the harasser in clear language that the activity is unpleasant, not desired, and should cease.

“Sexual Harassment Coordinator”, the Ironton City School Board of Education designates the Assistant Superintendent as the Sexual Harassment Coordinator. If a complaint involves the Assistant Superintendent, the report of complaint shall be reported instead to the Superintendent.

C. Investigation and recommendation procedures include the following:

1. The Assistant Superintendent may investigate or authorize an investigation by other school officials

or by a third party designated by the School District. A determination of whether a particular act

constitutes sexual harassment should be based on all facts and surrounding circumstances including

the nature of the sexual advances, frequency, or occurrences, relationships between the parties

involved, and the context in which the alleged incidents occurred. The investigation will be on a

confidential basis. The investigation (if conducted) may consist of, but not limited to, personal

interviews with the complainant, the individual(s) against which the complaint is filed, and others

who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint(s).

All concerned persons and their representatives will have the opportunity to submit statements,

documents, and/or information. In the course of the investigation, it may be necessary to disclose

the facts as the name of the complainant to alleged witnesses and harasser all of whom will be

instructed to maintain confidentiality.

2. Within fifteen (15) days from the receipt of a complaint the Assistant Superintendent will, in a letter:

a. Confirm the date the complaint was received;

b. Request an informal meeting, providing the purpose of the meeting, the date, the time, and the

place of the proposed meeting; and

c. Inform the complainant of the right to bring counsel, or have representation at the informal

meeting.

3. Informal Meeting:

a. An informal meeting will be held within fifteen (15) days of the written acknowledgement of the

receipt of the complaint. The purpose of the meeting will be to attempt to define the problem(s)

surrounding the complaint and to resolve the problem(s). The Coordinator will assist the employee

in preparing a written statement of the facts which will be the basis of the investigations.

b. Within fifteen (15) days of the informal meeting, the Coordinator will notify the complainant in

writing of the resolution of the matter or any recommendations reached. If the meeting indicates

a need for an investigation in order to resolve the complaint, the Coordinator will have thirty (30)

days to conduct the investigation and issue in writing the decision concerning the validity and

resolution of the complaint.

4. Formal Hearing:

a. Within fifteen (15) days of receiving the Coordinator’s written decision, the complaint has fifteen

(15) days to request a formal hearing if it is felt that the decision was inappropriate. The request

shall be directed in a letter to the Sexual Harassment Coordinator.

b. Within fifteen (15) days of a request for a formal hearing, the Coordinator shall hold a hearing in

accordance with rules established by the Ironton City School District Board of Education.

c. Within fifteen (15) days of the conclusion of the hearing, the written decision or recommendation

of the Assistant Superintendent shall be mailed to the complaint.

5. Discipline:

Any School District action taken pursuant to this policy will be consistent with requirements of the

applicable collective bargaining agreements, Ohio Revised Code, and School District policies. The

School District will take such disciplinary action, as it deems appropriate, including warning,

suspension, expulsion or immediate discharge to end sexual harassment and prevent its recurrence.

D. Filing Complaints:

1. All District employees should file their complaint with the Assistant Superintendent and fully

cooperate in the completion of the investigative and hearing procedures above.

2. Should the Superintendent be the subject of a complaint of sexual harassment, then the complaint

should be made to the Board President, who shall investigate the complaint. If the evidence shows

a pattern of harassment as described above, the Board may take appropriate disciplinary action

against the Superintendent, up to and including discharge from employment.

E. Students should report their sexual harassment complaints to a teacher, counselor, the building

principal or the Assistant Superintendent. The Assistant Superintendent will investigate the complaint

fully and fairly using the investigative procedures outlined in paragraph C above. The Assistant

Superintendent shall summarize results of the investigation to the Superintendent. If the offender is

another student the written summary shall include recommendation for any proposed disciplinary

action in accordance with the student code of conduct. If a student complains of sexual harassment

by an adult, child abuse charges may be necessary.

F. Staff members shall immediately forward all reports of sexual harassment by students to the Assistant

Superintendent. Failure to forward any sexual harassment reports may result in disciplinary action

or legal action for failure to report child abuse under Ohio Revised Code Section 2151.421.

G. An employee or student of the District, or their representative, may register a complaint of sexual

harassment with 180 days of the occurrence of the alleged act. This deadline may be extended if

circumstances warrant.

H. This policy and other timely information about sexual harassment will be disseminated to staff and

students. New employees or new students will receive information about the policy when beginning

work or school enrollment.

I. All complaints will be considered a serious matter and immediate and appropriate action will be taken

when a complaint of sexual harassment is received.

J. Any person making a complaint shall be fully advised of his/her rights and responsibilities under state

and federal regulations. No person shall be the focus of retaliation or reprisals for filing a sexual

harassment charge or taking part in the investigation. The Board will make every effort to move the

offender away from the offended party throughout the investigation process. The School District will

discipline any individual who retaliates against any person who reports alleged sexual harassment or who

retaliates against any person who testifies or assists in an investigation.

K. In lieu of or after exhausting local remedies, a person who wishes to pursue an alternative procedure

may contact the Ohio Civil Rights Commission, 220 Parsons Avenue, Columbus, Ohio 43266-0543,

telephone number 1-614-466-2785. A person may also file a charge with the Equal Employment

Opportunity Commission.

L. Nothing described in this policy relieves one of legal liabilities such as charges of child abuse or

failure to report child abuse. Nothing in this policy will prohibit the School District from taking

immediate action to protect victims of alleged sexual abuse or child abuse.