I. General Statement of Policy
The Alcoa City Schools Board of Education is committed to safeguarding the right of all students and employees within the school system to learn and work in an environment that is free from all forms of sexual harassment.
It is the policy of the Alcoa City Schools to maintain a learning and working environment that is free from sexual harassment. The school system prohibits any form of sexual harassment.
It shall be a violation of this policy for any student or employee of the school system to harass a student or employee through conduct or communication of a sexual nature as defined by this policy.
Title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 require school districts to have officially adopted policy statements of nondiscrimination on the basis of sex, disability, national origin and race.
It is the policy of the Alcoa City Schools Board of Education not to discriminate on the basis of sex, race, national origin, creed, age, marital status, or disability in its educational programs, activities, or employment policies as required by the above-referenced federal statutes.
II. Sexual Harassment Defined
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment or education; or
3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment or education environment. Any sexual harassment as defined when perpetrated on any student or employee will be treated as sexual harassment under this policy.
B. Sexual harassment may include but is not limited to:
1. sexual advances;
2. verbal harassment or abuse;
3. subtle pressure for sexual activity;
4. touching of a sexual nature including inappropriate patting or pinching;
5. intentional brushing against a student’s or an employee’s body;
6. demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status;
7. demanding sexual favors especially when accompanied by implied or overt promises or preferential treatment with regard to an individual’s employment or educational status;
8. graffiti of a sexual nature;
9. displaying or distributing sexually explicit drawings, pictures or other written materials including making and playing sexually explicit audio/video tapes;
10. sexual gestures including touching oneself sexually or talking about one’s sexual activities in front of others;
11. sexual or “dirty” jokes; or
12. spreading rumors about or rating other students as to sexual activity or performance.
III. Reporting Procedures
Any person who believes he or she has been the victim of sexual harassment by a student or an employee of the school system, or any third person with knowledge or belief of conduct which may constitute sexual harassment should repot the alleged acts immediately to an appropriate school system official as designated by this policy. The school system encourages the reporting party or complainant to use the report form available from the principal of each school or available from the school system office.
A. In Each School. The school principal is the person responsible for receiving and investigating oral or written reports of sexual harassment at the school level. Upon receipt of a report, the principal must notify the Director of Schools and a written report will be forwarded to the Director of Schools. If the report was given verbally, the principal shall reduce it to written form within 24 hours and forward it to the Director of Schools. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the school principal, the complaint shall be filed directly with the Director of Schools.
B. System Wide. The school board hereby designates the Director of Schools as the Title IX coordinator to receive reports or complaints of sexual harassment from any individual, employee or victim of sexual harassment and also from the school principals as outlined above. The school system shall conspicuously post the name of the Director of Schools, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment will not affect the reporting individual’s future employment, grades or work assignments.
D. Use of formal reporting forms is not mandatory; however, a sample of the reporting form currently used in this system is attached to this policy. The school system will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the school system’s legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct occurred.
IV. Investigating and Recommendations
The Director of Schools, upon receipt of a report or complaint alleging sexual harassment, shall immediately authorize an investigation. This investigation shall be conducted by school system officials or, in unusual circumstances, by a third party designated by the Board of Education. The party making the investigation shall provide a written report of the status of the investigation within 10 working days to the Director of Schools.
In determining whether alleged conduct constitutes sexual harassment, the school system shall consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred.
The investigation shall consist of, but not limited to, personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation shall also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the school system shall take immediate steps to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.
The investigator shall make a final report including findings and recommendations for disciplinary actions, if any, to the Director of Schools upon completion of the investigation.
V. School District Action
A. Upon receipt of a recommendation that the complaint is valid, the school system shall take such action as appropriate based on the results of the investigation.
B. The result of the investigation of each complaint filed under these procedures shall be reported in writing to the complainant by the school system. The report shall document any disciplinary action taken as a result of the complaint.
C. The school system shall take such other steps as are necessary to prevent recurrence of the harassment.
D. The school system shall keep the complainant informed of the status of the complaints.
VI. Reprisal
The school system shall discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
VII. Non-Harassment/False Accusations
The school system recognizes that not every advance or consent of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances.
False accusations of sexual harassment can have a serious detrimental effect on innocent parties. Any person, who knowingly and intentionally makes a false accusation, for any reason which would be contrary to the spirit and intent of this policy, shall be subject to immediate and appropriate disciplinary action.
VIII. Right to Alternative Complaint Procedures
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Tennessee
Department of Human Rights, initiating civil action, filing a complaint with the Office of Civil Rights of the United States Department of Education, or in certain instances, seeking redress under state statutes.
IX. Sexual Harassment As Sexual Abuse
Under certain circumstances, sexual harassment may constitute sexual abuse under Tennessee Law. In such situations, the school system shall comply with Tennessee Law regarding the reporting of suspected abuse to appropriate authorities.
X. Discipline
Any school system action taken pursuant to their policy will be consistent with requirements of federal law, Tennessee statutes, and school system policies. The school system will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and prevent its recurrence.
XI. Policy Distribution
A copy of the foregoing policy and reporting procedures shall be published in the school system’s policy manual, shall be included in each student handbook published by the school system, and shall be posted in a conspicuous place in each school building. Postings of the policy shall include the name(s) of the person(s) to whom reports should be directed.
Policy GAO
Attachment
Alcoa City Schools Non-Discrimination Policy
It is the policy of the Alcoa City Schools to maintain learning and working environment that is free from discrimination. The School system prohibits any form of discrimination on the basis of race, creed, national origin, sex, age, marital status, or disability in its educational programs, activities or employment practices in accordance with the requirements of Titles VI and VII of the 1964 Civil Rights Act, title IX of the 1972 Educational Amendments, Section 504 of the 1973 Federal Rehabilitation Act, Title II of the 1990 Americans with Disabilities Act, and the 1975 Age Discrimination and Employment Act.
A complaint resolution form is available to any parent or guardian who feels that their son or daughter may have been unfairly treated in any school-related mater. This form is available upon request at any Alcoa City School or at the Central office. It is hoped that any issue can be resolved at the school level. However if this proves impossible, then a chain of command as listed on the back of this form will be followed until the issue has been resolved.
A form for reporting incidents of sexual harassment is also available at any Alcoa City School or at the Central Office. A complete copy of the policy on sexual harassment may be found in the Alcoa City Schools Board of Education Policy Manual. Any incidents of sexual harassment on school property or at any school-related activity must be reported to the Director of Schools at Alcoa City Schools, 524 Faraday Street, Alcoa, Tennessee 37701. The Director’s telephone number is 984-0531, Ext. 501.
Chain of Command
Staff/Teacher/Other School Personnel
Principal
Director of Schools
Alcoa City Board of Education
ALCOA CITY SCHOOLS
Sexual Harassment Complaint – Investigative Report
Complainant Name___________________________ School/Department_____________
Name of Alleged Harasser_______________________ School/Dept.
Describe what occurred; obtain as many details as possible:
How often did the harassment occur? (dates and times)
Where did the harassment take place?
Name of any witness(es):
Why does the complainant think s/he was harassed?
How did the complainant feel about the harassment at the time it occurred?
Does the complainant feel the same way now?
How did the complainant respond to the Harassment?
Did the complainant tell anyone else about the incident(s) of harassment and, if so, who, when and what?
What action(s) would the complainant like to have taken against the harasser? (Remedies in school setting include suspension, reprimand, transfer, probation, demotion, or termination.)
District
High School
Middle School
Elementary School
Multiple Events
