File:  JBB - Sexual Harassment Under Title IX and Other Prohibited Misconduct of a Sexual Nature

The District is committed to maintaining a learning environment that is free from sexual harassment consistent with District Policy AC and Title IX. The District also prohibits misconduct of a sexual nature which may not constitute a violation of Title IX, but which nonetheless interferes with a student's learning environment and/or a student's emotional/physical well-being while in the learning environment

Sexual Harassment Prohibited by Title IX

In accordance with District Policy AC and its supporting regulation(s), the Board prohibits sexual harassment of students in violation of Title IX. Sexual harassment prohibited by Title IX and addressed in District Policy AC means conduct on the basis of sex that satisfies one or more of the following:

1.  An employee of the district conditions the provision of an aid, benefit, or service of the district on an individual's participation in unwelcome sexual conduct;

2.  Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district's education program or activity; or

3.  "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).

Other Prohibited Misconduct of a Sexual Nature

The Board recognizes that misconduct of a sexual nature may not always constitute sexual harassment under Title IX, but can nonetheless interfere with a student's learning environment and/or emotional and physical well-being, and that preventing and remedying such misconduct furthers a productive learning environment.

Therefore, in addition to prohibiting conduct in violation of Title IX, the District also prohibits other misconduct of a sexual nature which interferes with a student's learning environment and/or a student's emotional/physical well-being while in the learning environment.  Such conduct may include, but is not limited to, sex-oriented verbal kidding, remarks to a person with sexual implications, and unwelcome touching.

Reporting, Investigations, and Discipline

Any student who believes they have been a target of sexual harassment in violation of Title IX or misconduct of a sexual nature in violation of this policy or who have witnessed such harassment or misconduct, are encouraged to report it to a teacher, counselor, principal, district level administrator, district compliance officer, or Title IX Coordinator (identified in Exhibit AC-E-1) and file a complaint, as set forth in the applicable regulations accompanying Policy AC.

The district will take appropriate action to promptly and impartially investigate allegations of such sexual harassment and/or misconduct, to end unlawful behavior, to prevent the recurrence of such behavior and to prevent retaliation against the individual(s) who files the report and/or any person who participates in the investigation. When appropriate, the District will take interim measures during the investigation to protect against further harassment, misconduct, or retaliation.

To the extent possible, all sexual harassment reports will remain confidential Students who knowingly file false complaints or give false statements in an investigation shall be subject to discipline, up to and including suspension/expulsion. No student shall be subject to adverse treatment in retaliation for any good faith report of sexual harassment as defined by Title IX or other misconduct of a sexual nature addressed under this policy.

Any student who violates Title IX or this policy shall be disciplined according to applicable District policies.

The district will take appropriate corrective action to: make the harassed student whole by restoring lost educational opportunities; prevent harassment from recurring; or prevent retaliation against anyone who reports sexual harassment or participates in a harassment investigation.

In cases involving potential criminal conduct, the District's Compliance Officer or the District's Title IX Coordinator, as applicable, shall determine whether appropriate law enforcement officials should be notified.

Notice and Training

Notice of this policy shall be circulated to all district schools and departments and incorporated in all student handbooks.

All students and district employees shall receive periodic training related to recognizing and preventing sexual harassment in violation of Title IX. District employees shall receive additional periodic training related to handling reports of sexual harassment in violation of Title IX.

Training materials regarding sexual harassment under Title IX shall be available to the public on the District's website.

Retaliation Prohibited

The District prohibits retaliation of any individual who has made a report or complaint in violation of this policy.  Further, it is a violation of this policy to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding, or hearing held in furtherance of this policy, District Policy AC, and/or the regulations in support of District Policy AC, including regulations addressing the District's Title IX Sexual Harassment Grievance Process.

LEGAL REF.:  20 U.S.C. 1681 et seq. (Title IX of the Education Amendments of 1972)

34 C.F.R. Part 106     

CROSS REFS.:  AC, Nondiscrimination/Equal Opportunity

AC-E-1, Nondiscrimination/Equal Opportunity (Sample Notice)

AC-R-1, Nondiscrimination/Equal Opportunity (Complaint and Compliance Process)

AC-R-2, Title IX Sexual Harassment Grievance Procedures

JB, Equal Educational Opportunities

JBA, Nondiscrimination/Non-harassment of Students

JLF, Reporting Child Abuse/Child Protection

Adopted: October 14, 2002
Revised: September 10, 2012
Revised: October 30, 2017
Revised: September 21,2020