FILE: JCEA
SEXUALLY RELATED STUDENT MISCONDUCT
The DeSoto Parish School Board disapproves of and does not tolerate sexual misconduct by employees to students, by students to employees, or by one student to another student. No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual misconduct does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and therefore interferes with the purposes of the employee and/or student in the academic, extracurricular, and co-curricular atmosphere, but that does not rise to the level of sexual misconduct as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexual misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature.
If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board's policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and the School Board policy on child abuse. Such reporting must be made in addition to any procedures for handling sexual harassment complaints.
COVERAGE
This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the DeSoto Parish School District. It applies at school, school sponsored events, on or off school grounds and in situations which are related to the school.
COMPLAINT PROCEDURE
The DeSoto Parish School Board shall require any student complaint about another student engaging in sexual misconduct reported to a teacher or counselor to be immediately reported to the principal. Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Supervisor of Child Welfare and Attendance or his/her designee or the Title IX Coordinator. The complaint need not be in writing, but students are encouraged to do so. Such reports should include the nature of the complaint, recording the specific act or acts which constitute the misconduct complained of, the person or persons who the complainant alleges committed the misconduct, witnesses to the acts complained of, and the date and time of the alleged act or acts. The right to confidentiality, both of the complaining student and of the accused student shall be respected.
After notification of the complaint, a confidential investigation shall immediately be initiated by the Superintendent or his/her designee to gather all facts about the complaint. The investigation may use some or all of the investigation procedures outlined policy JCDAG, Bullying, Harassment, and Hazing.
After the investigation has been completed, a determination shall be made regarding the resolution of the complaint. If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee and/or expulsion of a student. Any disciplinary action regarding an employee shall be placed in the employee's personnel file which shall reflect the action taken and the grounds therefor. Any disciplinary action taken in regard to a student shall be maintained as any other student disciplinary violation.
NONRETALIATION
Retaliation against any employee or student who brings sexual misconduct charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual misconduct complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.
SUSPECTED CHILD ABUSE
If the victim of the alleged sexual misconduct is a minor student and if the alleged misconduct falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations shall be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting shall be made in addition to any procedures for handling sexual misconduct complaints.
Approved: August, 2004
Revised: September 3, 2020
Ref: 42 USC 2000e et seq. (Equal Employment Opportunities)
29 CFR 1604.11 (Sexual Harassment)
La. Rev. Stat. Ann. ยงยง14:41, 14:42, 14:42.1, 14:43, 14:43.1, 14:43.2, 14:43.3, 14:43.4, 14:43.5, 17:81
Board minutes, 9-3-20
DeSoto Parish School Board