Policy 1120 Sexual Harassment Policy

The Board of Education recognizes that harassment of students,staff, and certain “non-employees” (which includes contractors, subcontractors, vendors, consultant and other persons providing services pursuant to a contract, or their employees) on the basis of sex, gender, gender identity, gender expression and/or sexual orientation is abusive and illegal behavior that harms victimsand negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board of Education further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees and “non-employees” can work productively.

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment, including sexual violence. To this end, the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the District. Since sexual violence is a form of sexual harassment, the term “sexual harassment” in this policy will implicitly include sexual violence, even if not explicitly stated, or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights.

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature.

“Gender-based harassment” means verbal, non-verbal or physical aggression, intimidation or hostility that is based on actual or perceived gender identity or expression.

Sexual or gender-based harassment occurs when:

  1. Submission to that conduct or communication is made a term or condition, either explicitly or
    implicitly, of an employee’s or “non-employee’s” employment or a student’s education (including any aspect of the student’s participation in school-sponsored activities, or any other aspect of the student’s education); or
  2. submission to or rejection of that conduct or communication by an individual is used as afactor in decisions affecting an employee’s or “non-employees” employment or a student’s education; or
  3. the conduct or communication has the purpose or effect of substantially or unreasonably interfering with an employee’s or “non-employee’s” work performance or a student’s academic performance or participation in school-sponsored activities, or creating an intimidating, hostile or offensive working or educational environment.“

Sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A person may be incapable of giving consent due to age, drug or alcohol use, or an intellectual or other disability. Sexual violence includes, but is not limited to, acts such as rape, sexual assault, sexual battery and sexual coercion. All such acts of sexual violence are forms of sexual harassment.

Because sexual harassment can occur staff to student, staff to staff, student to student, male to female, female to male, male to male or female to female, it shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass any student, employee, or “non-employee”.

Under various state and federal laws, students, employees and “non-employees” have legal protections against sexual harassment in the school environment as described above. The district’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

The complete Sexual Harassment Policy and related regulations are on the Monroe-Woodbury BoardDocs Policy tab.