I.  Overview

 

The policy of Ocean Springs School District is to promote and ensure a work environment where our employees and students are free from all forms of discrimination including sexual harassment. Conduct that is harassing to other employees or students will not be tolerated. Such conduct, whether committed by supervisors, non-supervisory personnel, school contractors, volunteers, or students is prohibited and is grounds for severe disciplinary action including termination or expulsion.

 

Every employee and every student, according to age appropriateness, of the Ocean Springs School District must be informed of this policy and information of the policy shall be made available to the parent or guardian of each student through the student handbook or other school notification. Administrators, supervisors, and teachers are responsible for helping to prevent and eliminate sexual harassment within the areas they oversee. If an administrator, supervisor, or teacher knows sexual harassment is or may be occurring, he or she must take immediate steps to see that the matter is addressed, even if the problem is not within their area of oversight. Supervisors must also ensure that no retaliation occurs against persons who complain of sexual harassment or who cooperate with sexual harassment investigations.

 

II.  Definition and Coverage of Sexual Harassment

 

Sexual harassment is a form of sex discrimination and violates both federal and state laws, including Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, religion, national origin and sex. Title IX prohibits discrimination on the basis of sex in an educational institution that receives federal funds. In addition to civil law, some forms of sexual harassment may constitute a sexual crime or child abuse under the Mississippi State Criminal code. Individuals who harass may be personally liable under civil suites, particularly Title IX and 1983 actions.

 

Sexual harassment is verbal, visual or physical unwanted sexual or gender-based behavior that occurs when one person has formal or informal power over the other when the behavior interferes with learning opportunities or creates and intimidating, hostile or offensive environment.

 

Example of behaviors which can be sexual harassment if unwanted:

?   Direct or indirect threats or bribes for unwanted sexual activity

?   Sexual innuendoes and comments

?   Asking or commenting about a person's sexual activities

?   Humor or jokes about sex or females/males in general

?   Making sexually suggestive remarks, gestures, or jokes, or remarks of a sexual nature about a person's appearance

?   Pestering a person for dates or sexual behavior

?   Sexual touching, pinching, brushing, or patting

?   Displaying offensive sexual illustration in the school/work place

?   Graffiti about a person's sexuality

?   Spreading rumors about a person's sexuality

?   Name calling such as "bitch", "whore" or "slut"

?   Insulting and belittling a person - sexual ridicule

?   Letters, notes, telephone calls or materials of a sexual nature

?   Stalking a person either inside or outside the institution

?   Attempted or actual sexual assault

 

Sexual harassment is demeaning and degrading. It affects an individual's self esteem and can have a negative impact on performance in the school or school district. It can make an individual feel angry, powerless and fearful. It can also cause dysfunction and pain in an organization and in those individuals who aren't directly sexually harassed but are observers.

 

The fact that someone did not intend to sexually harass an individual is generally not considered a defense to a complaint of sexual harassment. In most cases it is the effect and characteristics of the behavior, not the intent of the person who is alleged to have harassed, that determines whether the behavior constitutes sexual harassment.

 

Confidentiality:  The confidentiality of the reporting party will be observed providing it does not interfere with the institution's ability to investigate or take corrective action.  If the complainant reports rape, sexual assault, child sexual abuse or other behaviors which constitute criminal activity, school officials will contact appropriate law enforcement agencies and the superintendent.

 

Retaliation:  Retaliation against anyone reporting or thought to have reported sexual harassment behaviors is prohibited. Such retaliation shall be considered a serious violation of the policy and shall be independent of whether a charge or informal complaint of sexual harassment is substantiated. Encouraging others to retaliate also violates this sexual harassment policy.

 

Examples of what might be considered retaliatory behavior include:

?    Ridicule

?    Oral or written threats or bribes

?    Intimidation

?    Destruction of property

?    Stalking

?    Further harassment

 

Sanctions:   Sanctions for sexual harassment are consistent with Ocean Springs School District employment and student policies. Sanctions may include any of the following:

?    Loss of school privileges

?    Suspensions, probation, termination, or expulsion

?    Change of class assignment

?    Advice and counseling

?    Required attendance at a sexual harassment training program

?    Police involvement

 

III.        Training

 

Ocean Springs School District will offer instruction and training to all age-appropriate students, faculty and staff on issues of sexual and other types of harassment and the school district's policy. This training will occur generally through meetings, workshops, and videos. The school will also notify and educate all incoming students and employees regarding the policy.

A sexual harassment officer will be designated in each school. The assistant superintendent-personnel will serve as the district sexual harassment officer. All sexual harassment officers will receive training with respect to identifying sexual and other types of harassment, the procedures for handling such complaints, and the techniques of investigation.

 

IV. Complaint Procedure

 

Any student or employee who believes that she or he has been sexually harassed or who has witnessed an incident of sexual or other harassment is encouraged to use this complaint procedure. A sexual harassment complaint should be filed as soon as possible after the incident.  Complaints will be investigat ed promptly. Every effort will be made to preserve confidentiality to the extent the investigative process allows.

 

Two kinds of complaints may be made: informal and formal. The initial steps for both kinds of complaints are the same.

 

Step 1: For all complaints, individuals are encouraged to report the sexual harassment to a sexual harassment officer. Student complaints may also be reported to a teacher, who will report the complaint to the principal, or to the principal, who will report the complaint to the superintendent and refer the complaint to a sexual harassment officer for investigation.

 

Step 2: The principal or sexual harassment officer to whom the complaint is reported will fill out a Sexual Harassment Complaint Form which will detail the who, what, when, and where of the complaint. The person who takes the complaint will explain the options available, including both informal and formal complaint procedures.

 

Step 3: The person who fills out the Sexual Harassment Complaint Form will immediately give copies to the principal or sexual harassment officer (depending upon who took the complaint) and the Superintendent of the Ocean Springs School District. The school shall maintain records of rumors of harassment, complaints of sexual or other types of harassment, and of investigations. The records will be maintained in locked files in the office of the superintendent. Access to the files will be strictly limited.

 

Informal Complaints

 

Most complaints of sexual harassment are handled informally. Individuals who begin with an informal procedure may discontinue the informal process at any time and initiate a formal complaint. The purpose of using an informal complaint procedure is to stop the behavior and resolve the matter quickly. While an informal complaint cannot result in official disciplinary actions or sanctions, every informal complaint must be documented.

 

Step 1: If the individual who has reported the complaint chooses to pursue an informal path, the sexual harassment officer will work out an informal response to the problem with the individual with 48 hours.

 

Step 2: The complaint will be mediated as quickly as possible in a manner agreed upon by the person making the complaint, but within 5 business days of the initial report if all parties involved are on campus.

 

Step 3: Within 5 business days of the initial report, the sexual harassment officer will submit a description of the action and the outcome of the response to the informal complaint to the principal, with a copy to the superintendent. The report will include a clear statement that the complainant is satisfied with the resolution.

 

Step 4: A follow-up progress report will be made by the sexual harassment officer, after consultation with the person who made the complaint, 30 days after the mediation. Copies of the follow-up report will be given to the appropriate principal and the superintendent.