[1] In some school districts the superintendent may be the human rights officer. If so, an alternative individual should be designated by the school board.
413 HARASSMENT, VIOLENCE AND OTHER FORMS OF INAPPROPRIATE BEHAVIOR
I. PURPOSE
The purpose of this policy is to maintain learning and working environment that is free from religious, racial, sexual, or other forms of harassment and violence. The school district prohibits any form of religious, racial, sexual, or other forms of harassment and violence.
II. GENERAL STATEMENT OF POLICY
A. It is the policy of the school district to maintain learning and working environment that is free from religious, racial, sexual or other forms of harassment and violence. The school district prohibits any form of religious, racial, sexual, or other forms of harassment and violence.
B. It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the school district to harass a pupil, teacher, administrator or other school personnel through conduct or communication of a sexual nature or regarding religion and race as defined by this policy. (For purposes of this policy, school personnel include school board members, school employees, agents, volunteers, contractors or persons subject to the supervision and control of the district.)
C. It shall be a violation of this policy for any pupil, teacher, administrator or other school personnel of the school district to inflict, threaten to inflict, or attempt to inflict religious, racial, sexual, or other forms of violence upon any pupil, teacher, administrator or other school personnel.
D. The school district will act to investigate all complaints, either formal or informal, verbal or written, of religious, racial, sexual, or other forms of harassment or violence, and to discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who is found to have violated this policy.
III. RELIGIOUS, RACIAL, SEXUAL, OR OTHER FORMS OF HARASSMENT AND VIOLENCE DEFINED
A. Sexual Harassment; Definition
1. 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:
a. 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
b. 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
c. 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 educational environment.
2. Sexual harassment may include but is not limited to:
a. unwelcome verbal harassment or abuse;
b. unwelcome pressure for sexual activity;
c. unwelcome, sexually motivated or inappropriate patting, pinching or physical contact, other than necessary restraint of pupil(s) by teachers, administrators or other school personnel to avoid physical harm to persons or property;
d. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment or educational status;
e. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status; or
f. unwelcome behavior or words directed at an individual because of gender.
B. Racial Harassment; Definition
Racial harassment consists of physical or verbal conduct relating to an individual’s race when the conduct:
1. has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
3. otherwise adversely affects an individual’s employment or academic opportunities.
C. Religious Harassment; Definition
Religious harassment consists of physical or verbal conduct which is related to an individual’s religion when the conduct:
1. has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
3. otherwise adversely affects an individual’s employment or academic opportunities.
D. Sexual Violence; Definition
1. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another’s intimate parts, or forcing a person to touch any person’s intimate parts. Intimate parts, as defined in Minn. Stat. § 609.341, includes the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas.
2. Sexual violence may include, but is not limited to:
a. touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;
b. coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;
c. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or
d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.
E. Racial Violence; Definition
Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race.
F. Religious Violence; Definition
Religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion.
G. Assault; Definition
Assault is:
1. an act done with intent to cause fear in another of immediate bodily harm or death;
2. the intentional infliction of or attempt to inflict bodily harm upon another; or
3. the threat to do bodily harm to another with present ability to carry out the threat.
H. Other Forms of Harassment or Violence; Definition.
General harassment is defined as conduct of derogatory nature directed towards an individual which is usually associated with, but not limited to, an individual/s accent or language background, weight, height, status with regard to public assistance, gender, national origin, association with persons who are subjected to harassment based on the categories identified above, subordinate relationship (in class or on the work site), student to staff relationships, and peer to peer relationships, when the conduct:
1. has the purpose or effect of creating an intimidating, hostile, or offensive work, business or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual’s work, business, or academic performance; or
3. otherwise adversely affects an individual’s employment, business, or academic opportunities.
The District reserves the right to investigate any complaint filed under this section on a case-by-case basis.
IV. REPORTING PROCEDURES
A. Any person who believes he or she has been the victim of religious, racial, sexual, or other forms of harassment or violence by a pupil, teacher, administrator or other school personnel of the school district, or any person with knowledge or belief of conduct which may constitute religious, racial, sexual, or other forms of harassment or violence toward a pupil, teacher, administrator or other school personnel should report the alleged acts immediately to an appropriate school district official designated by this policy. The school district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the school district office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting harassment or violence directly to a school district human rights officer or to the superintendent.
B. In Each School Building. The building principal is the person responsible for receiving oral or written reports of religious, racial, sexual or other forms of harassment or violence at the building level. Any adult school district personnel who receives a report of religious, racial, sexual, or other forms of harassment or violence shall inform the building principal immediately.
C. Upon receipt of a report, the principal must notify the school district human rights officer immediately, without screening or investigating the report. The principal may request, but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the human rights officer. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the human rights officer. Failure to forward any harassment or violence report or complaint as provided herein will result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the superintendent or the school district human rights officer by the reporting party or complainant.
D. In the District. The school board hereby designates the superintendent as the school district human rights officer(s) to receive reports or complaints of religious, racial, sexual, or other forms of harassment or violence. If the complaint involves a human rights officer, the complaint shall be filed directly with the superintendent.[1]
E. The school district shall conspicuously post the name of the human rights officer(s), including mailing addresses and telephone numbers.
F. Submission of a good faith complaint or report of religious, racial or sexual harassment or violence will not affect the complainant or reporter’s future employment, grades or work assignments.
G. Use of formal reporting forms is not mandatory.
H. The school district will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.
V. INVESTIGATION
A. By authority of the school district, the human rights officer, upon receipt of a report or complaint alleging religious, racial, sexual, or other forms of harassment or violence, shall immediately undertake or authorize an investigation. The investigation may be conducted by school district officials or by a third party designated by the school district.
B. The investigation may consist of 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 may also consist of any other methods and documents deemed pertinent by the investigator.
C. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.
D. In addition, the school district may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged religious, racial, sexual, or other forms of harassment or violence.
E. The investigation will be completed as soon as practicable. The school district human rights officer shall make a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, the report may be filed directly with the school board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
VI. SCHOOL DISTRICT ACTION
A. Upon receipt of a report, the school district will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and school district policies.
B. The result of the school district’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy.
VII. REPRISAL
The school district will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who makes a good faith report of alleged religious, racial, sexual, or other forms of harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
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 Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law.
IX. HARASSMENT OR VIOLENCE AS ABUSE
A. Under certain circumstances, alleged harassment or violence may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minn. Stat. § 626.556 may be applicable.
B. Nothing in this policy will prohibit the school district from taking immediate action to protect victims of alleged harassment, violence or abuse.
X. DISSEMINATION OF POLICY AND TRAINING
A. This policy shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members.
B. This policy shall be given to each school district employee and independent contractor at the time of entering into the person’s employment contract.
C. This policy shall appear in the student handbook.
D. The school district will develop a method of discussing this policy with students and employees.
E. This policy shall be reviewed at least annually for compliance with state and federal law.
Legal References: Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious and Racial Harassment and Violence Policy)
Minn. Stat. Ch. 363 (Minnesota Human Rights Act)
Minn. Stat. § 626.556 et seq. (Reporting of Maltreatment of Minors)
42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)
Cross References: MSBA/MASA Model Policy 102 (Equal Educational Opportunity)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 525 (Violence Prevention)
First Reading: 8/16/05
Second Reading: 9/20/05
Adopted: 9/20/05
413-A
The Worthington School District's policy is to maintain a work and education environment for students and employees that is free from discrimination and other offensive or degrading remarks or conduct. The district and this school will not tolerate inappropriate remarks about or conduct related to a student or employee's race, color, creed, religion, national origin, sex, pregnancy, marital status, disability, age, status with regard to public assistance or sexual preference or identity or other forms of inappropriate behavior.
The district and this school also will not tolerate sexual violence of any kind.
Prohibited behavior includes requests to engage in illegal, immoral or unethical conduct or retaliation for making a report about such conduct. One kind of prohibited behavior is sexual harassment. Sexual harassment involves unwelcome behavior that can include sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, sexually suggestive facial expressions, kissing, touching or sexual contact.
If you believe you are subject to offensive or discriminatory behavior of any kind, you should immediately report the behavior to the building administrator verbally or in writing. If you prefer, you may report to Mr. John Landgaard, the human rights officer, as well. Finally, students always have the option of reporting to any responsible adult in the school.
The school will investigate all reports of offensive behavior promptly, fairly and completely. The school will handle each report discretely and respond to the report based upon its facts. The school may resolve the report by requiring the offender to apologize, transfer, seek counseling or training, be suspended, be dismissed, lose privileges or face other appropriate discipline.
This policy applies to every student, employee, teacher, administrator and board member in the district.
DISTRICT WIDE – Contact Person – Mr. John Landgaard at (507) 372-2172 or at 1117 Marine Avenue, Worthington, MN 56187
HIGH SCHOOL – Contact Person – Mr. Bruce Blatti at (507) 376-6121 or at 1211 Clary Street, Worthington, MN 56187
MIDDLE SCHOOL – Contact Person – Mr. Jeff Britten at (507) 376-4174 or at 1401 Crailsheim Road, Worthington, MN 56187
ELEMENTARY SCHOOL - Contact Person – Mrs. Nancy Antoine at (507) 727-1250, or at 1700 First Avenue Southwest, Worthington, MN 56187
AREA LEARNING CENTER – Contact Person – Mrs. Betty McAllister at (507) 372-1322 or at 117 Eleventh Avenue, Worthington, MN 56187
COMMUNITY EDUCATION – Contact Person – Mr. Jerry Fiola at (507) 376-6105 or at 2011 Nobles Street, Worthington, MN 56187
SPECIAL PROGRAMS – Contact Person – Mrs. Betty McAllister at (507) 372-2983 or at 117 Eleventh Avenue, Worthington, MN 56187
413-A
RELATING TO SEXUAL OR OTHER FORMS OF HARASSMENT AND VIOLENCE
Independent School District 518 is committed to the elimination and prevention of sexual or other forms of harassment and violence in order to maintain a safe and positive working and learning environment.
To reach this goal, the district will provide [1] staff development for identification and prevention, [2] classroom curriculum and instruction, [3] student services, and [4] student, staff and community participation. All these strategies will be designed to help prevent sexual or other forms of harassment and violence.
I. Plan for in-service in the Identification and Prevention of Sexual or other forms of Harassment and Violence.
After the adoption of District 518’s policy prohibiting sexual or other forms of harassment and violence, all of the district employees, contracted program staff, and volunteers [1] will receive an initial training which will include the following:
a. Definition of sexual or other forms of harassment and violence
b. Explanation of the district policy and grievance procedures
c. Legal prohibitions and consequences of sexual or other forms of harassment and violence
d. Pertinent examples of harassment or violence
e. Overview of sexual or other forms of harassment identification and prevention curriculum for students
New employees and others who come into contact with learners will received initial training soon after they begin their responsibilities with the district.
Each subsequent year, District 518’s employees, contracted program staff and volunteers will be provided with additional training opportunities which will restate the district’s commitment to providing a harassment free working and learning environment and provide the staff with opportunities to broaden their knowledge of the issues related to sexual or other forms of harassment and violence. [2]
II. Plan for Classroom Curriculum and Instruction in the Identification and Prevention of Sexual or Other Forms of
Harassment and Violence
Upon the adoption of District’s 518 policy prohibiting sexual or other forms of harassment and violence, all students, in one of their classes, will receive age-appropriate [3] information, which will include the following:
a. A copy of the district’s policy
b. An explanation of the policy and its purpose
c. A definition of sexual or other forms of harassment and violence
d. Instruction in what to do if one is a victim of sexual or other forms of harassment or violence
e. A clear delineation of the sanctions against anyone found to have been a perpetrator of sexual or other forms of harassment or violence
f. Information on the consequences to individuals who are found to have made a frivolous accusation
g. A safe and supportive forum for discussion by the students of the issue of sexual or other forms of harassment and of their related concerns
In addition, an age-appropriate curriculum will be adopted for use in the classroom [4], which will insure that succeeding generations of students will learn how to deal with sexual or other forms of harassment and violence if it is happening to them and, also, how to treat each other with courtesy and respect so that the underlying causes of sexual or other forms of harassment are removed.
[1] Every effort should be made to include the entire district staff in this initial training: administrators, early childhood through adult teachers, aides, office staff, custodial staff, food service workers, bus drivers, etc. Provisions should be made to provide training for the staff in educational cooperatives by the group of school districts served.
[2] Some examples of subjects for in-service training include “the images of females and males in the media and in advertising,” “Societal expectations of males and females and the resulting impact on behavior, “spouse battering and family violence in the U.S., “What is the role of language in sexism?,” “historical influences which perpetuate sexism and heterosexism in the legal system and in American life,” and “how to make the curriculum inclusive of both females and males.”
[3] Considerable variation in methodology is needed for early childhood students and early elementary grades.
[4] Many schools incorporate the sexual or other forms of harassment and violence curriculum into their health classes.
413-A
III. Plan for Student Services in the Identification and Prevention of Sexual or Other Forms of Harassment and Violence
Upon the adoption of District 518’s policy prohibiting sexual or other forms of harassment and violence, a plan will be made to provide staff and students with student service professionals (such as counselors, school nurses, social workers and psychologists) who will:
a. Provide support services to help individuals determine whether or not an experience may have been sexual or other forms of harassment or violence
b. Provide counseling and other support services to help harassed or violated individuals to cope with lowered self-esteem
c. Provide consultation and support to enable individuals to file a complaint regarding an accusation, when appropriate
d. Provide support services for victimizers
e. Provide referral services to other agencies or organizations when needed to meet needs of individuals.
(The student services can be provided within the education system or in cooperation with other community agencies, whatever is most effective and affordable for a school district.)
IV. Plan for Student Staff and Community Participation on the Identification and Prevention of Sexual or Other Forms of
Harassment and Violence to Parents and Community Members
Community representatives will be actively involved in the development of school board policies and programs relating to sexual or other forms of harassment and violence.
Parents will be informed of District 518’s policy prohibiting sexual or other forms of harassment and violence by the inclusion of information about the policy and the procedure for filing a grievance in printed materials sent home with students who are under 18 years of age.
Members of the community will be informed by the publication of District 518’s policy in the local newspaper.
In addition, there will be a continuing effort to provide opportunities for further community participation on the issues related to sexual or other forms of harassment and violence through its inclusion in parent Teacher Student Association (PTSA) programs or other public forums. [5]
[5] Public information programs could be cosponsored by the district and a community organization such as the Chamber of Commerce or the League of Women Voters.
413-A
Independent School District 518 maintains a firm policy prohibiting all forms of discrimination. Sexual or other forms of harassment and violence against students or employees is discrimination. All persons are to be treated with respect and dignity. Violence, sexual advances or other forms of personal harassment by any person, male or female, which create an intimidating, hostile or offensive environment, will not be tolerated under any circumstances.
Complainant
Home Address
Work Address
Home Phone Work Phone
Date of Alleged Incident (s)
Name of person you believe harassed you
List any witnesses that were present
Where did the incident(s) occur?
Describe the incident(s) as clearly as possible, including such things as: What force, if any, was used; any verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary)
This complaint is filed based on my honest belief that has harassed or was violent to me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.
Complainant Signature Date
Received by
Date
[1] In some school districts the superintendent may be the human rights officer. If so, an alternative individual should be designated by the school board.