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Policy 2300 Wood County Schools

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1 Policy 2300 Wood County Schools
Anti-Harassment and Violence Policy Notes for Trainers

2 I. General Policy Statements (p.1)
Harassment is a form of discrimination. Environment that is free from harassment or violence. It is a violation of this policy to harass anyone. Wood County Schools investigates all complaints of harassment or violence. I. General Policy Statements (p.1) Harassment can exist with both sexes, not just male to female. Racial, sexual, religious/ethnic, hazing harassment is a form of discrimination. Wood County Schools maintains an environment that is free from harassment or violence. It is a violation of this policy to harass anyone. Wood County Schools will investigate all complaints of harassment or violence and discipline student and employees who have been found to have been harassing others.

3 II. Harassment Defined (pp. 1-4) A. Sexual Harassment
Sexual: unwelcome sexual advances Requests for sexual favors Sexually motivated physical conduct Communication of a sexual nature When defined, will be treated as sexual harassment under this policy II. Harassment Defined (pp. 1-4) A. Sexual Harassment Sexual: unwelcome sexual advances – can be made by both male and female Requests for sexual favors Sexually motivated physical conduct Communication of a sexual nature When defined, will be treated as sexual harassment under this policy: Verbal abuse; unwelcome/inappropriate letters, phone calls, materials of sexual nature Sexual teasing, jokes, remarks, or questions Sexually suggestive looks or gestures Pressure, for sexual activity Unwelcome patting, pinching or cornering Intentional brushing against another’s body Attempted or actual rape or sexual assault Demanding sexual favors/threats re employment or education status Demanding sexual favors with promises of preferential treatment Any unwelcome sexually motivated touching

4 B. Racial Harassment (p. 2 WHEN:
Physical, verbal or written conduct relating to an individuals race. Purpose or effect of creating an intimidating, hostile or offensive working academic environment. -Purpose or effect of substantially or unreasonable interfering with an individual’s work or academic performance -Otherwise adversely affects an individual’s employment or academic opportunity B. Racial Harassment (p. 2) when: Purpose or effect of creating an intimidating, hostile or offensive working academic environment Purpose or effect of substantially or unreasonable interfering with an individual’s work or academic performance Otherwise adversely affects an individual’s employment or academic opportunity

5 C. Religious/Ethnic Harassment (P. 3) Definition:
Creating an offensive work place. Unreasonable interfering with work. Affects employment or academics. Creating an intimidating, hostile or offensive work place Effect of substantially or unreasonable interfering with work Adversely affects an individuals employment or academics

6 D. Hazing Harassment Definition (p. 3)
Causes situation which endangers the mental or physical health or safety of another. Causes another to destroy or remove public or private property to participate in an initiation. Includes 17 behaviors. Defined as cause any action or situation which recklessly or intentionally endangers the mental or physical health or safety of another person Causes another person to destroy or remove public or private property to cause initiate or admission into or affiliation with some group Includes: Whipping, beating, branding, consumption of any food, liquor, drug, sleep deprivation Forced conduct which could result in extreme embarrassment, any forced activity, wearing costumes, speaking in a harassing manner, lineup, scavenger hunt, kidnapping Anything that diminishes self-esteem or categorize the new member as a second-class citizen

7 E. Sexual Violence (pp. 3-4)
Physical act of aggression. Involving touching of one’s intimate parts, or . . . Forcing a person to touch any person’s intimate parts. Physical act of aggression or force or the threat thereof involving touching of one’s intimate parts or forcing a person to touch any person’s intimate parts. Intimate parts include the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. Touching, patting, grabbing, or pinching another person’s intimate parts, whether the same sex or not Forcing the touching of one’s intimate parts Attempting to force or coerce sexual intercourse Threatening to expose intimate apparel or body parts by removal of clothing

8 F. Racial Violence (p.4) Defined as a physical act of aggression or assault upon another because of, or in a manner reasonably related to race.

9 G. Religious / Ethnic Violence
A physical act of aggression or assault upon another because of, or in a manner reasonably related to religion or ethnicity.

10 H. Assault (p. 4) Defined as an act done with intent to cause fear in another of immediate bodily harm or death. Further defined as the threat to do bodily harm to another with present ability to carry out the threat. Results in immediate referral to a police agency

11 I. Amorous Relationships (p. 4)
Prohibited between staff and students. Staff found to have violated this prohibition shall be subject to the penalties outlined in Section X of this policy. Past two years, an employee was convicted of sexual assault with a minor which began as amorous relationships encouraged by the sexual predator.

12 Policy 2300 III. Reporting Procedures (p. 4)
Report immediately to appropriate school district official. Each school, reports to supervisor (principal, Director, supervisor) who immediately reports to Human Rights Officer District-wide, Title IX Coordinator who is Human Rights Officer Name of Human Rights Officer is posted in each location

13 Policy 2300 III. Reporting Procedures (p. 4)
Does not affect future employment, grades, or work assignments. Formal reporting form is not mandatory. Confidentiality of complainant will be protected within legal obligations. Submission of complaint will not affect future employment, grades, or work assignments Formal reporting form is not mandatory. (Reporting form is at end of policy) Confidentiality of complainant will be protected within legal obligations – FERPA, board policy

14 IV. Investigation and Recommendation (p. 5)
Complaint filed with Human Rights Officer. Investigation authorized immediately. Investigator provides report within 10 days to Superintendent and Human Rights Officer on status of investigation. To determine harassment or violence, consideration is given to surrounding circumstance, the nature of the racial, sexual, religious/ethnic advances, relationships of parties involved, and context of incident. Human Rights Officer is Robert Harris, Assistant Superintendent. Others investigating would be principals or supervisors, or other Supt. may appoint.

15 IV. Investigation and Recommendation (p. 5)
Personal interviews with the complainant, the person included in the complaint and other witnesses or documents deemed important by the investigator. School officials may take immediate steps to protect the complainant, student and employee until completion of the investigation. The Human Rights Officer issues a report to the Superintendent upon completion of the investigation, including the validity of the complaint. Interviews determined by names mentioned in the complaint and by others being interviewed. Remove the employee through suspension or reassignment – with or without pay Human Rights Office issues report of validity to Superintendent who in turn relays result of complaint to the complainant.

16 V. Action (p.6) Upon receipt of a valid complaint, the school district will take such action as appropriate based on the results of the investigation. Results of the investigation will be reported to the complainant by the Superintendent. The report will be reported to the WV Dept. of Education and will include any disciplinary action taken.

17 VI. Reprisal (p. 6) Any individual who retaliates against any person reporting alleged harassment or violence against anyone who testifies, assists, or participates in an investigation will be disciplined. Retaliation includes any form of intimidation, reprisal or harassment. If situation is severe enough, employee may be reassigned or suspended.

18 VII. Non-Harassment (p. 7)
Harassment is based upon all the facts and surrounding circumstances. False accusation can have a serious detrimental effect on innocent parties. Advice about harassment definitions can be obtained from immediate supervisor, association representative, or Human Rights Officer.

19 VIII. Right to Alternative Complaint Procedures (p. 7)
Right to pursue other avenues of recourse. WV Human Rights Commission WV Grievance Board § , et seq WV Board of Education Policy 7211 citizen’s appeal Title IX grievance under the appropriate procedures

20 IX. Sexual Harassment as Abuse (p. 7)
If sexual harassment constitutes child and / or sexual abuse under Chapter 49 of the West Virginia Code, the school district will abide by the law for reporting such abuse. Abused child: means a child whose health or welfare is harmed or threatened by: A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury upon the child or another child in the home; Sexual abuse or sexual exploitation; or The sale or attempted sale of a child by a parent, guardian or custodian in violation of section sixteen, article, four, chapter forty-eight of the WV Code. Sexual abuse means: As to a child who is less than 16 years of age, any of the following acts which a parent, guardian or custodian shall engage in, with such child, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct: Sexual intercourse; sexual intrusion; or sexual contact. Sexual intercourse-act which involves penetration however slight of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person. Sexual instrusion-means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party. Sexual contact-means any intentional touching, either directly or through clothing, of the anus of any part of the sex organs of another person, or the breasts of a female or intentional touching of any part of another person’s body by the actor’s sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party.

21 X. Discipline (p. 7) Disciplinary action taken pursuant to this policy may include: Warning Suspension Expulsion Immediate discharge to end the harassment or violence Other forms of discipline as prescribed by the Superintendent Warnings may or may not become a part of the employees permanent personnel file. Suspension – either paid or unpaid Expulsion – severing of employment Immediate discharge based on severity of action Superintendent has the authority to determine discipline, including expulsion

22 XI. Dissemination of Policy (pp. 7-8)
Posted in each school Summary appears in handbooks Complete copy in building administrator’s office or in staff handbooks Policy 2300 reviewed annually by building administrator with all staff – sign off by employee. WCS will develop and implement training for students and staff on these regulations Prevention programs that develop training and awareness of racial, sexual, religious/ethnic harassment and violence will be presented annually. Policy is to be posted, if not ask supervisors for a copy or ask for it to be posted. Staff handbooks are located in the administrative unit – This Policy is Policy 2300 Anti-Harassment/Violence


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