File: JBB* - Sex-based Harassment

The Board recognizes that sex-based harassment can interfere with a student's academic performance and emotional and physical well-being and that preventing and remedying sex-based harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn. In addition, sex-based harassment is recognized as a form of sex discrimination and thus is a violation of the laws that prohibit sex discrimination, as addressed in the Board's policy concerning unlawful discrimination and harassment.

District's Commitment

The district is committed to maintaining a learning environment that is free from sex-based harassment. It is a violation of policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature, or to retaliate against anyone that reports sex-based harassment or participates in a harassment investigation.

Sex-based Harassment Defined

Pursuant to Title IX of the Educational Amendments of 1972, "sex-based harassment" means conduct on the basis of sex that satisfies one or more of the following:

1.  A school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);

2.  After August 1, 2024: Unwelcome conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the education program or activity.

3.  Sexual assault, dating violence, domestic violence, or stalking.

Pursuant to state law, sex-based harassment means any unwelcome physical, verbal, pictorial, or visual conduct or communication directed at a student or group of students based on sex, sexual orientation, gender identity, or gender expression. To be considered sex-based harassment, the conduct or communication must be objectively offensive, and must meet one or multiple of the following:

1.  A school employee conditioning education benefits, services, or opportunities on submission to the conduct or communication; (i.e., quid pro quo)

2.  A school employee making educational decisions affecting the student based on submission to, objection to, or rejection of the conduct or communication; or

3.  The conduct or communication unreasonably interferes with the student's access to their educational service or creates an intimidating, hostile, or offensive educational environment.

Reporting, Investigation, and Sanctions

Students are encouraged to report all incidents of sex-based harassment to either a teacher, counselor, or principal in their school building and file a complaint, through the district's complaint process addressing sex-based discrimination. All reports and indications from students, district employees, and third parties must be forwarded to the Title IX Coordinator.

The district will initiate and conduct an investigation in accordance with the appropriate procedures addressing sex-based discrimination and sex-based harassment. If the district determines an act does not qualify as sex-based harassment under Title IX, it may still qualify as sex-based harassment under state law and district policy, in which case the district will continue the investigation in accordance with the appropriate procedures (AC-R-1: students or AC-R-2: applicants, staff, and members of the public).

All matters involving sex-based harassment reports must remain confidential to the extent possible as long as doing so is in accordance with applicable law and policy and does not preclude the district from responding effectively to the harassment or preventing future harassment. Filing a complaint or otherwise reporting sex-based harassment will not reflect upon the individual's status or affect grades.

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 sex-based harassment or participates in a harassment investigation. A formal report or finding of harassment will not be required before the district takes corrective action.

Notice and Training

To reduce discrimination and harassment and ensure a respectful school environment, the administration is responsible for providing notice of this policy and complaint procedures to all district schools and departments. All communications regarding this policy must be written in simple and age-appropriate language. The policy and complaint procedures must be referenced in student and employee handbooks, described in hard-copy notices posted at schools, and otherwise be made available to all students, staff, and members of the public through electronic or hard-copy distribution.

All students and district employees will receive periodic training related to recognizing and preventing sex-based harassment. District employees must receive additional periodic training related to handling reports of sex-based harassment. Training materials are available to the public on the district's website.

Adopted:  May 5, 1992

Revised:  December 18, 2007

Revised:  June 5, 2012

Revised:  September 22, 2020

Revised:  August 21, 2023

Revised:  October 21, 2024

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

C.R.S. 22-32-109 (1)(ll) (Board duty to adopt written policies prohibiting discrimination)

C.R.S. 22-1-143 (definition of harassment or discrimination)

C.R.S. 24-34-402 (1.3)(a) (definition of "harass" in employment practices)

CROSS REFS.: AC, Nondiscrimination/Equal Opportunity

AC-R-1, Harassment and Discrimination Investigation Procedures for Students

AC-R-2, Harassment and Discrimination Investigation Procedures for Employees, Applicants for Employment and Members of the Public

AC-R-3, Sex-based Harassment Investigation Procedures (Title IX)

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

JLF, Reporting Child Abuse/Child Protection