Dignity for All Students Act & Sexual Harassment Avoidance Annual Training
Enacted in July 2012 The Dignity Act protects students from harassment and/or discrimination based on a person’s actual or perceived: –Race –Color –Appearance ( weight, height, etc. ) –National Origin –Ethnic Group –Religion –Religious Practice –Disability –Sexual Orientation –Gender (including gender identity or expression) –Sex
The creation of a hostile environment Threats, intimidation, abuse Behavior that unreasonably and substantially interferes with a student’s educational performance, opportunities, mental, emotional, or physical safety
Effective July 1, 2013 (Chapter 102 Laws of 2012) The following provisions are in addition to the original Dignity Act. Cyberbullying: will be defined as harassment or bullying by any form of electronic communication, and include incidents occurring off school property that create or would foreseeably create a risk of substantial disruption within the school environment.
Deliberate and harmful targeting of another person using electronic technologies such as: cell phones, social media sites, blogs etc. Cyberbullying includes: Sending hurtful, rude, or mean text messages Spreading rumors or lies about others by or on social networks Creating websites, videos or social media profiles that embarrass, humiliate, or make fun of others Impersonation, sexting, stalking
An incident is reported to an adult parent, teacher, administrator Reports can be anonymous The Dignity Act Team reviews reports weekly The Dignity Act Coordinator (DAC), investigates all Dignity Act complaints
The district must take steps to stop the behavior Parent notification Counseling Detentions Suspensions Superintendents hearing
Denial of equal treatment Denial of access to programs or facilities Inability to access a free and safe educational environment The Dignity Act protects all students from any form of discrimination
There are two categories of sexual harassment: Quid pro quo Hostile environment the demand for sexual favors in exchange for a benefit: a promotion, an advancement, or a good grade any unwelcome sexually oriented conduct or atmosphere that is so severe or pervasive that it is intimidating or offensive to a “reasonable person” and interferes with one’s ability to work or receive an education
Because it interferes with a students ability to access an education, which is a constitutionally protected right
Immediately: Report this incident to an adult: parent, teacher, administrator or other trusted adult Give as much specific information as possible
The school district must thoroughly investigate all sexual harassment complaints, remedy the situation, and monitor In most instances, this means an administrator will interview the complainant, witnesses, and the alleged perpetrator
The District uses a five point “litmus test”: 1.Is the behavior sexual in nature? 2. Is the behavior unwelcome? 3.Is the behavior severe, persistent, or pervasive? 4.Does the behavior unreasonably interfere with work or school? 5.Would a “reasonable person” find that the behavior interferes with work or school?
If sexual harassment has occurred, the district must take steps to stop the behavior. These steps can range from counseling to long term suspensions from school If sexual harassment has not occurred, other consequences may occur per the Code of Conduct
The District still has a duty to investigate and take action, even with anonymous reports Confidentiality will be maintained Students should remember their responsibility to report possible instances to an adult
Students may report something they did not personally witness Reports of harassment or discrimination may be made to adults such as: a parent, teacher, principal, Title IX officer or school counselor Parents may report conduct by a student to the Principal, and conduct by an employee to the Title IX officer Parents and students have the right to file complaints with the U.S Department of Justice, the U.S. Department of Education and other state or local entities Persons involved in the report may request an interviewer of the same sex Reports may be made anonymously. This will not affect the quality of the investigation
con’t. Complaints of sexual harassment and gender discrimination will be kept confidential as much as possible while still allowing the investigation to proceed The district will prepare a written report of any investigation. If sexual harassment or gender discrimination are found, the district will take steps to stop the behavior If a parent of the complainant or the accused is not satisfied with the report’s findings, the parent may appeal the findings to the school board within 30 days of receiving the report
con’t. Retaliation against a student or employee who reports or gives information about sexual harassment or gender discrimination is prohibited Making a sexual harassment complaint will not reflect negatively on the student who makes it. The student’s academic standing, rights and privileges will not be affected
o Parents o Title IX Officers: Mr. Kreps & Ms. Natoli o Principals o Assistant Principal o Teachers o School Social Worker o School Counselor o School Psychologist o Coaches o Religious Leaders
Understand the Dignity Act and sexual harassment policy Report possible Dignity Act or sexual harassment violations Act in a respectful and positive way to all members of the school community
1.Why are Dignity Act violations considered forms of discrimination? 2.How does sexual harassment violate ones civil rights?