Facebook Twitter YouTube
Parents Students Community Staff

Links
Twitter

TROY CITY SCHOOLS POLICY

PROHIBITING HARASSMENT AND VIOLENCE

I. GENERAL STATEMENT OF POLICY

It is the policy of this school system to maintain a learning environment that is free from harassment because of an individual’s race, color, gender, national origin or disability. The school system prohibits any and all forms of harassment because of race, color, gender, religion, national origin or disability.

It shall be a violation of system policy for any student, teacher, administrator or other school personnel of this school system to harass a student through conduct of a sexual nature, or regarding race, color, religion, national origin, or disability, as defined in this policy.

It shall also be a violation of system policy for any teacher, administrator or other school personnel of this school system to tolerate sexual harassment or harassment because of a student’s race, color, re­ligion, national origin, ethnicity, or disability, as defined by this policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or others engaged in activities, including sporting events and other extracurricular activities, under the auspices of the Troy City Schools.

For the purpose of this policy, the term “school personnel” includes school board members, school em­ployees, agents, volunteers, contractors, or persons subject to the supervision and control of the school system.

The school system will act to promptly investigate all complaints, either formal or informal, verbal or written, of harassment because of race, color, gender, religion, national origin, or disability; to promptly take appropriate action to protect individuals from further harassment; and, if it determines that unlawful harassment occurred, to promptly and appropriately discipline any student, teacher, administrator or other school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment.

II. DEFINITIONS

A. Sexual Harassment

 

For purposes of this policy, sexual harassment of a student consists of unwelcome and unsolicited sex­ual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or phys­ical conduct or communication of a sexual nature when:

1.    a school employee causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school system causes the student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or

2.    the unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or created an intimidating, threatening or abusive education environment.

 

Examples of conduct which may constitute sexual harassment include

·         sexual advances

·         touching, patting, grabbing or pinching another person’s intimate parts, whether that person is of the same gender or opposite gender

·         coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts

·         coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another graffiti of a sexual nature

·         sexual gestures

·         sexual or dirty jokes

·         touching oneself sexually or talking about one’s sexual activity in front of others

·         spreading rumors about or rating other students as to sexual activity or performance

·         unwelcome, sexually motivated or inappropriate patting, pinching or physical contact. This prohibition does not include legitimate, non sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as teacher’s consoling hug of a young student, or one student’s demonstration of a sports move requiring contact with another student

·         Other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied by implied or overt threats concerning an individual’s educational status or implied or overt promises of preferential treatment

B. Harassment because of race or color

For the purposes of this policy, race or color harassment of a student consists of verbal or physical con­duct relating to an individual’s race or color when:

1. the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidat­ing, threatening or abusive educational environment

2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

3. the harassing conduct otherwise adversely affects an individual’s academic performance Examples of conduct which may constitute harassment because of race or color include:

·         graffiti containing racially offensive language

·         name calling, jokes or rumors

·         threatening or intimidating conduct directed at another because of the others race or color notes or cartoons

·         racial slurs, negative stereotypes, and hostile acts which are based upon another’s race or color

·         written or graphic material containing racial comments or stereotypes which is posted or circu­lated and which is aimed at degrading individuals or members of protected classes

·         a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race or color

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color

C. Harassment based upon National Origin or Ethnicity or Religion

For the purposes of this policy, ethnic or national origin or religious harassment of a student consists of verbal or physical conduct relating to an individual’s ethnicity or country of origin or the country of origin of the individuals parents, family members or ancestors or an individual’s religion or religious affiliation when:

1. the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment

2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with     an individual’s academic performance; or

·         the harassing conduct otherwise adversely affects an individual’s academic performance Examples of conduct which may constitute harassment because of national origin or ethnicity include:

·         graffiti containing offensive language which is derogatory to others because of their national ori­gin, ethnicity or religion

·         threatening or intimidating conduct directed at another because of the other’s national origin, ethnicity or religion

·         jokes, name calling, or rumors based upon an individual’s national origin or ethnicity

·         ethnic slurs, negative stereotypes, and hostile acts which are based upon another’s national ori­gin, ethnicity or religion

·         written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes

·         a physical act of aggression or assault upon another because of, or in a manner reasonably related to, ethnicity, national origin or religion

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by national origin, ethnicity or religion

 

D. Harassment because of disability

For purposes of this policy, harassment because of the disability of a student consists of verbal or phys­ical conduct relating to an individual’s physical or mental impairment when:

1. the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidat­ing, threatening or abusive educational environment

2. the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

3. the harassing conduct otherwise adversely affects an individual’s academic performance Examples of conduct which may constitute harassment because of a disability:

·         graffiti containing offensive language which is derogatory to others because of their physical or mental disability

·         threatening or intimidating conduct directed at another because of the others physical or men­tal disability

·         jokes, rumors or name calling based upon an individual’s physical or mental disability

·         graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes

·         a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual’s physical or mental disability

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability

III. REPORTING PROCEDURES/INVESTIGATION

1. A student shall immediately report any incident of harassment to any teacher, counselor, or administrator.

2. Any teacher, counselor, or administrator who has received a report, verbally or in writing from a student regarding harassment of any student must forward that report to the principal or designee within twenty-four (24) hours.

3. The parent, legal guardian/legal custodian of the complaining student shall be informed of the complaint promptly.

4. All complaints of harassment shall be investigated promptly.

5. Upon receipt of an allegation of harassment, the principal or designee will serve as an investigator who will initiate an investigation into the complaint within forty-eight (48) hours.

6. The school system will designate a Central Office employee to participate in the investigation of harassment complaints.

7. All reports of harassment will be put in writing either by the complainant or the person who receives the complaint and will be signed by the complainant.

8. The finding of the complaint investigation will be put in writing and will be presented to the Administration Review Committee.

9. The findings of the investigation will be provided to the complainant and his/her parent, legal guardian, legal custodian and to the accused, and if a student, to the parent, legal guardian, legal custodian of said accused student. A written record of these findings will be maintained by the school system.

10. If the results of the investigation are indeterminate, the matter will be recorded as such. If so, a written record of the investigation and findings will be maintained by the School System and apart from any student or personnel file.

 

The above reporting/investigating procedures apply to any investigation of student harassment com­plaints by the school system. Nothing in this procedure will relieve any employee of the School System from any reporting obligation under the child abuse reporting laws or regulations.

PROTECTION OF COMPLAINT

No student shall be subject to any adverse action or any form of retaliation for any good faith report of harassment under this policy. To the fullest extent possible, all reports of harassment will be kept con­fidential.

ENFORCEMENT

Each principal has the responsibility of maintaining a work environment and/or educational environment free of harassment. Principals shall take appropriate actions to reinforce the School System’s harass­ment policy. These actions will include;

1. Prompt removal of any vulgar or sexually offensive words, pictures, drawings, graffiti, and the like.

2. Providing staff in-service at the beginning of the school year.

3. Providing student instruction about harassment.

4. Taking appropriate disciplinary action when warranted.

5. Copies of this policy shall be included in the Code of Student Conduct.

 

DISCIPLINE/CONSEQUENCES

Any student who engages in the harassment of anyone on school system property or at a school system activity may be subject to disciplinary action up to and including expulsion.

Any school system employee who engages in, assists, encourages, or permits harassment of any stu­dent may be subject to disciplinary action up to and including dismissal.

Any school system employee who receives a complaint of harassment from a student and who does not act promptly to forward that complaint to the principal and a central office administrator designated to receive notice of all harassment complaints will be disciplined.

NOTIFICATIONS

A copy of this harassment policy will:

1. Be included in the Code of Student Conduct that is sent to parent/legal guardians/legal custodians at the beginning of each school year.

2. Be displayed in a prominent location in each school.

 


Back to Top