Sexual Harassment Grievance Procedure
Sexual harassment affects a student’s ability to learn. Providing an educational environment free from sexual harassment is an important District goal. The District does not discriminate on the basis of sex in any of its educational programs or activities, and it complies with Title IX of the Education Amendment of 1972 (Title IX) and its implementing regulations (34 C.F.R. Part 106) concerning everyone in the District’s education programs and activities, including applicants for employment, students, parents/guardians, employees and third parties.
Title IX Sexual Harassment Prohibited
Sexual harassment as defined in Title IX is prohibited. Any person, including a District employee/agent or student engages in Title IX Sexual Harassment whenever that person engages in conduct on the basis of an individual’s sex that satisfies one or more of the following:
- A District employee conditions the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct; or
- 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 educational program or activity;
- 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)(8), or stalking as defined in 34 U.S.C. §12291(a)(30).
Examples of sexual harassment include, are not limited to, touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, spreading rumors related to a person's alleged sexual activities, rape, sexual battery, sexual abuse, and sexual coercion.
Making a Report
A person who wishes to make a report under this Title IX Sexual Harassment grievance procedure may make a report to the Title IX Coordinator, Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, Dean of Students, a Complaint Manager, or any employee with whom the person is comfortable speaking. A person who wishes to make a report may choose to report to a person of the same gender. School employees shall respond to incidents of sexual harassment by promptly making or forwarding the report to the Title IX Coordinator. An employee who fails to promptly make or forward or report may be disciplined, up to and including discharge.
Title IX, Part A - Every Student Succeeds Act (ESSA)
Subtitle VII-B of The McKinney-Vento Homeless Assistance Act authorizes the federal Education for Homeless Children and Youth (EHCY) Program and is the primary piece of federal legislation related to the education of children and youth experiencing homelessness. It was reauthorized in December 2015 by Title IX, Part A, of the Every Student Succeeds Act (ESSA).
Sexual Harassment Reporting
Used for complaints and reports involving an SD 308 student, employee, or person affiliated with SD 308 about:
- alleging sexual assault
- sexual harassment
- dating violence
- gender discrimination (including sexual orientation or gender identity)
Report Right Away
Report harassment IMMEDIATELY to the Title IX Coordinator.
Reports of Sexual Harassment
Complaints or reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report.