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Non-Title IX Sexually Related Student Misconduct

Section: 6.0 Students
Title: Equal Educational Opportunities
Code: 6. 1. 1 Procedure - Non-Title IX Sexually Related Student Misconduct
Status: Active
Adopted: August 1, 1999
Last Revised: July 25, 2022
Last Reviewed: July 25, 2022
 
Prior Revised Dates:
06/07/2006; 04/20/2016; 12/16/2020

  1. Reporting               

    Non-Title IX sexually related student misconduct 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 misconduct as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexual misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature. Complaints of sexual misconduct, which takes 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 other designated administrative personnel.

     
    1. Any employee who has received a report, verbally or in writing, regarding sexual misconduct of a student or another student in the educational setting, shall forward that report to the school principal by the end of the working day.  The Principal/designee shall immediately report the complaint to the Superintendent/designee.
       
    2. Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Executive Director of Elementary Schools or the Executive Director of Secondary Schools.
       
    3. Verbal complaints will be received and handled, but students and employees are encouraged to submit complaints in writing. Such reports should include the nature of the complaint, recording the specific act or acts which constitute the misconduct complained of, the person or persons who the complainant alleges committed the misconduct, witnesses to the acts complained of, and the date and time of the alleged act or acts.
       
    4. The Superintendent/designee shall notify the appropriate law enforcement agency by the end of the working day in which the student notified school personnel of the alleged incident involving a sexual offense (La. Rev. Stat. 15:539).  Refer to Procedure 1.31 (11)(A)(2).
       
    5. Attention: If you are employed by the St. Charles Parish School Board, whether directly or indirectly, you are a Mandatory Reporter.  You are REQUIRED to report any reasonably suspected or actual violation(s) of this policy or procedure in accordance with School Board Policy 1.31, Child Abuse and Neglect.
       
  2. Internal Investigations

    After notification of the complaint, a confidential investigation shall immediately be initiated by the principal or his/her designee to gather all facts about the complaint. The investigation may use some or all of the investigation procedures outlined in policy 1.35, Bullying and Hazing.

     

    1. When an employee is accused of abuse or neglect of a student, the Principal shall initiate an investigation according to Board procedures.  If the offender is a central office employee or principal, the appropriate supervisor shall initiate an investigation. Refer to Board Procedures 4.08 Investigations and Board Procedures 1.34 Student Investigations.
       

    2. The Superintendent in consultation with the Board's attorney will determine what additional appropriate action the school system may take over and above the investigation being conducted by the appropriate state agency.  In any incident involving an employee which is reported to the Superintendent/designee, the person shall promptly be removed from all activities involving direct contact with students until the matter is resolved.
       

  3. Investigations by External Agencies              

    All complaints of sexual offenses and/or sexual harassment shall be investigated and promptly resolved.

     
    1. Admission of the investigator from the Department of Children and Family Services (DCFS) on school premises or access to the child believed to be abused/neglected shall not be denied by school officials.  Law enforcement shall have access to the child in school only with notification to the parent unless the parent is the person accused of the abuse/neglect.
       
    2. When an employee is accused of abuse or neglect of a student, the Principal shall initiate an investigation according to Board procedures.  If the offender is a central office employee or principal, the appropriate supervisor shall initiate an investigation. Refer to Board Procedures 4.08 Investigations and Board Procedures 1.34 Student Investigations.
       
    3. The Superintendent in consultation with the Board's attorney will determine what additional appropriate action the school system may take over and above the investigation being conducted by the appropriate state agency.  In any incident involving an employee which is reported to the Superintendent/designee, the person shall promptly be removed from all activities involving direct contact with students until the matter is resolved.
       
  4. Discipline/Consequences

    After the investigation has been completed, a determination shall be made regarding the resolution of the complaint.

     
    1. If warranted, disciplinary action shall be taken up to and including termination of an employee and/or expulsion of a student.
       
    2. Any disciplinary action regarding an employee shall be placed in the employee's personnel file which shall reflect the action taken and the grounds therefore. Any disciplinary action taken in regard to a student shall be maintained as any other student disciplinary proceedings.
       
    3. Any employee or volunteer who receives a complaint of sexual offenses and/or sexual misconduct from a student or any other person regarding the harassment of sexual misconduct of a student and who does not act promptly to forward that complaint to the principal/designee shall be subject to disciplinary action.
       
  5. Retaliation Prohibited
                  
    Retaliation against any employee or student who brings sexual misconduct charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual misconduct complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.

     
  6. Enforcement

    Each principal has the responsibility of maintaining a work environment and/or educational environment free of sexual offenses and/or sexual harassment. Administrators shall take appropriate actions to reinforce the St. Charles Parish Public School System's sexual harassment policy.  These actions will include:

     
    1. Making the policy and procedure available to each student, teacher and employee of St. Charles Parish Public Schools.      
       
    2. Taking appropriate disciplinary action.
       
    3. In addition, all teachers, counselors and administrators shall instruct students on the procedures for reporting sexual harassment or offenses within the educational setting.
       
    4. Providing student instruction about sexual harassment through orientation at the beginning of the school year and for new students to the school upon enrollment.  At the school, discussion shall be carried out in age-appropriate ways and should assure students that they need not endure any form of sexual harassment or offenses.
       
    5. Requiring staff to participate in annual training relative to sexual offenses and harassment.
       
    6. Prompt removal of vulgar or sexually offensive graffiti.
       
  7. Notifications          

    A copy of this sexual harassment procedure shall be available to parents/guardians of students.