FILE: JCEA
SEXUALLY RELATED STUDENT MISCONDUCT
The Assumption Parish School Board disapproves of and does not tolerate sexual misconduct by employees to students, by students to employees, or by one student to another student. No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual misconduct does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and therefore interferes with the purposes of the employee and/or student in the academic, extracurricular, and co-curricular atmosphere, but that does not rise to the level of sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexually related misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature.
COVERAGE
This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the Assumption Parish School District. It applies at school, school sponsored events on or off school grounds, and in situations which are related to operations of the school.
COMPLAINT PROCEDURE
Complaints of sexual misconduct which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school or to the Title IX Coordinator. Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Title IX Coordinator or his/her designee. Contact information for the Title IX Coordinator can be found on the School Board’s website at assumptionschools.com. The complaint need not be in writing, but students are encouraged to do so. Such reports should include the nature of the complaint, recording the specific alleged act(s) which constitute the alleged misconduct, the person or persons who the complainant alleges committed the misconduct, witnesses to the alleged act(s), and the date and time of the alleged act or act(s).
The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the district's legal obligations and with the necessity to investigate allegations of misconduct and take corrective action when this conduct has occurred. Information arising out of an investigation of sexual misconduct shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation.
After notification of the complaint, an investigation shall be initiated within five (5) working days by the Title IX Coordinator or his/her designee to gather all facts about the complaint The investigation may use some or all of the investigation procedures outlined policy JCDAF, Bullying and Hazing. The investigation shall be completed within ten (10) working days after its initiation, and a recommendation shall be given to the Superintendent or his/her designee. The Superintendent or his/her designee shall render a decision as to what action, if any, shall be taken against the employee, student, or third party who has been accused of misconduct. He/she shall send a written decision to the complainant and the individual accused of misconduct within ten (10) working days of receipt of the recommendation from the Title IX Coordinator or other investigator.
If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee and/or expulsion of a student. Any disciplinary action regarding an employee shall be placed in the employee's personnel file which will reflect the action taken and the grounds therefor. Any disciplinary action taken in regard to a student shall be maintained as any other student disciplinary violation.
NONRETALIATION
Retaliation against any employee or student who brings sexual harassment charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual harassment complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.
SUSPECTED CHILD ABUSE
If the victim of the alleged sexual misconduct is a minor student and if the alleged misconduct falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations shall be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting must be made in addition to any procedures for handling sexual misconduct complaints.
New policy: December 19, 2018
Revised: August 19, 2020
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81
Board minutes, 12-19-18, 8-19-20
Assumption Parish School Board