St. Rose School Handbook-Student Sexual Harassment Policy and Procedure

Saint Rose School
Parent / Student Handbook 2007-2008

STUDENT SEXUAL HARASSMENT POLICY AND PROCEDURE

STUDENT’S RIGHTS AND RESPONSIBILITIES

Every student has the right to a safe learning environment.
Every student has the right to be treated with respect.
Every student has the right to attend a school that is free of discrimination.

SCHOOL’S RIGHTS AND RESPONSIBILITIES

Every school has the right and responsibility to establish a code of conduct for students and staff.
Every school has the right and responsibility to develop and implement SHV policy, procedure and programs.
Every school is responsible for providing a safe learning and working environment for students and staff.

CHILD NEGLECT/CHILD ABUSE

Faculty/staff are required by law to report child abuse or suspected child abuse. Parental consent is not to be sought when the parent may be the aggressor. St. Rose School is committed to providing a safe, positive learning and working environment for everyone. Therefore, we prohibit sexual harassment and sexual violence (SHV). We will not tolerate it in any form.

DEFINITION OF SEXUAL HARASSMENT

Any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment. Under certain circumstances, SHV may constitute sexual abuse. In all such cases, we will comply with the statute and take immediate action to protect the victim(s) of the alleged abuse.

SPECIFIC BEHAVIORS THAT CONSTITUTE SEXUAL HARASSMENT

Sexual harassing behaviors can include but are not limited to:

touching (arm, breast, buttock, etc.)
spreading sexual rumors
name calling (from honey or worse)
leers and stares
verbal comments (about parts of the body, what type of sexual behavior the victim would be “good at”, clothing, looks, etc.)
sexual or “dirty” jokes
cartoons, pictures, pornography, and drawings
using the computer to leave sexual messages or graffiti or to play sexually offensive computer games
gestures with the hands and body
pressure for sexual activity
cornering, blocking, standing too close, following
annoying telephone calls
conversations that are too personal
“rating” an individual, for example - on a scale from 1 -10
obscene T-shirts, hats, or pins
lifting someone’s skirt
“snuggies” (pulling underwear up at the waist so it goes in between the buttocks
sexual assault and attempted sexual assault
rape
unwanted massaging the neck, massaging the shoulders
touching oneself sexually in front of others
graffiti
making kissing sounds or smacking sounds; licking lips suggestively
howling catcalls, whistles
repeatedly asking someone out when he or she is not interested
“spiking” (pulling down someone’s pants
facial expressions (winking, kissing, etc.)
“slam books” (lists of student’s names with derogatory sexual comments written about them by other students)
“making out” in the hallway

CONSEQUENCES FOR THE STUDENT HARASSER

a verbal warning reprimand
a written warning/reprimand, entered in the student’s file
suspension
expulsion
an apology to the victim
a fine paid to the County Sexual Assault Program
writing a paper on the topic, etc.
referral for psychological assessment
a parent/student/school administration conference
police involvement
not being permitted to participate in extracurricular activities for a specified period of time
community service
other sanctions deemed appropriate by school

DISSEMINATING THE POLICY TO STUDENTS AND STAFF

The policy and procedures for dealing with SHV will be published in student/parent handbook, student rules, rights and responsibilities, faculty handbook and will be posted in the faculty room.

REPORTING PROCEDURE

School personnel need to report and/or investigate all incidents of SHV and take appropriate action whether they personally observe these incidents or made aware of them by some other means. Reporting, investigation and action must occur even if the victim does not file a formal complaint, and even if the victim does not express any overt disapproval of the harassment. In the eyes of the law, teacher function as supervisors, which makes them legally liable for incidents of sexual harassment.

GRIEVANCE PROCEDURE

An incident should first be reported to the principal. If the victim is uncomfortable doing this - perhaps because the principal is the alleged perpetrator, or perhaps just doesn’t want to go to the principal for whatever reason, then the incident should be reported to another teacher/administrator in the building. Possibilities include a vice principal or school counselor. Victims should be allowed (and in some cases encouraged) to bring an advocate to offer support. The victim should be prepared to submit their grievance in writing indicating what happened, when it happened, where it happened, how he/she felt, what (if anything) he/she did or said in response to the harasser, what the alleged harasser(s) did or said next, and names of witnesses if any. This information will be turned over to individual(s) investigating the complaint.

INVESTIGATIVE PROCESS

The investigation concerning any SHV complaint shall be treated confidentially and consistently with the district’s legal obligations, the need to investigate, and the need to take disciplinary action if it is found that SHV has occurred.

TIME FRAME FOR RESPONDING TO A COMPLAINT

Whether resolution can take the form of telling the harasser to stop the behavior and why. Or, the victim may choose to write a letter to the harasser. In either case, the victim needs to share their choice of confrontation with someone they trust and respect.

REPRISAL AND/OR RETALIATION

Anyone who retaliates against an individual who reports SHV will be disciplined. Anyone who retaliates against an individual who reports SHV will be disciplined. Submission of a SHV complaint or report shall not affect that individual’s employment, grades, work assignments, etc..