Clean Version JCAC Sexual Harassment of Students

CLEAN REVISED POLICY
Board Policy                                                Descriptor Code JCAC
Sexual Harassment of Students

The intent of this policy is to comply with the Title IX federal regulations concerning sexual
harassment. To the extent that additional requirements are specified in federal law or
regulations, the District shall comply with such requirements.
The District does not discriminate on the basis of sex and prohibits sex discrimina on in any
educa on program or ac vity that it operates, as required by Title IX and its regula ons,
including in admission and employment.
The District’s nondiscrimina on policy and grievance procedures can be located at:
Board Policy JAA
Reports, complaints or inquires about conduct that may cons tute sex discrimina on under
Title IX, may be referred to the District’s Title IX Coordinator, the U.S. Department of
Educa on’s Office for Civil Rights, or both. The District’s Title IX Coordinator can be reached
at:
                                DeKalb County School District
                                     Title IX Coordinator
                               1701 Mountain Industrial Blvd.
                               Stone Mountain, Georgia 30083
                                       678-676-1200
                            tleixcoordinator@dekalbschoolsga.org.


The grievance procedure is outlined in JCAC-R(1)
DEFINITONS

For the purposes of this policy, the following defini ons apply:

Complainant means:
(1) A student or employee who is alleged to have been subjected to conduct that could
cons tute sex discrimina on under Title IX or its regula ons; or
(2) A person other than a student or employee who is alleged to have been subjected to
conduct that could cons tute sex discrimina on under Title IX or its regula ons and who
was par cipa ng or a emp ng to par cipate in the recipient’s educa on program or ac vity
at the me of the alleged sex discrimina on.
Complaint means an oral or wri en request to the recipient that objec vely can be
understood as
a request for the recipient to inves gate and make a determina on about alleged
discrimina on
under Title IX or its regula ons.

Disciplinary sanc ons are consequences imposed on a respondent following a determina on
under Title IX that the respondent violated the recipient’s prohibi on on sex discrimina on.

Party means a complainant or respondent.

Relevant means related to the allega ons of sex discrimina on under inves ga on as part of
these grievance procedures. Ques ons are relevant when they seek evidence that may aid in
showing whether the alleged sex discrimina on occurred, and evidence is relevant when it
may
aid a decisionmaker in determining whether the alleged sex discrimina on occurred.

Remedies means measures provided, as appropriate, to a complainant or any other person the
recipient iden fies as having had their equal access to the recipient’s educa on program or
ac vity limited or denied by sex discrimina on. These measures are provided to restore or
preserve that person’s access to the recipient’s educa on program or ac vity a er a recipient
determines that sex discrimina on occurred.

Respondent means a person who is alleged to have violated the recipient’s prohibi on on sex
discrimina on.

Retalia on means in mida on, threats, coercion, or discrimina on against any person by the
recipient, a student, or an employee or other person authorized by the recipient to provide
aid,
benefit, or service under the recipient’s educa on program or ac vity, for the purpose of
interfering with any right or privilege secured by Title IX or its regula ons, or because the
person has reported informa on, made a complaint, tes fied, assisted, or par cipated or
refused
to par cipate in any manner in an inves ga on, proceeding, or hearing under the Title IX
regula ons.

Sex-based harassment is a form of sex discrimina on and means sexual harassment and other
harassment on the basis of sex, including on the basis of sex stereotypes, sex characteris cs,
pregnancy or related condi ons, sexual orienta on, and gender iden ty, that is:
       (1) Quid pro quo harassment. An employee, agent, or other person authorized by the
       recipient to provide an aid, benefit, or service under the recipient’s educa on program
or
          ac vity explicitly or impliedly condi oning the provision of such an aid, benefit, or
service
          on a person’s par cipa on in unwelcome sexual conduct;
          (2) Hos le environment harassment. Unwelcome sex-based conduct that, based on
the
          totality of the circumstances, is subjec vely and objec vely offensive and is so severe
or
          pervasive that it limits or denies a person’s ability to par cipate in or benefit from the
          recipient’s educa on program or ac vity (i.e., creates a hos le environment). Whether
a
       hos le environment has been created is a fact-specific inquiry that includes
considera on of
       the following:
               (i) The degree to which the conduct affected the complainant’s ability to access
       the
               recipient’s educa on program or ac vity;
               (ii) The type, frequency, and dura on of the conduct;
               (iii) The par es’ ages, roles within the recipient’s educa on program or ac vity,
               previous interac ons, and other factors about each party that may be relevant
               to evalua ng the effects of the conduct;
               (iv) The loca on of the conduct and the context in which the conduct
       occurred; and
               (v) Other sex-based harassment in the recipient’s educa on program or
       ac vity; or
       (3) Specific offenses.
               (i) Sexual assault meaning an offense classified as a forcible or non-forcible sex
               offense under the uniform crime repor ng system of the Federal Bureau of
               Inves ga on;
               (ii) Da ng violence meaning violence commi ed by a person:
                        (A) Who is or has been in a social rela onship of a roman c or in mate
                        nature with the vic m; and
                        (B) Where the existence of such a rela onship shall be determined
               based on a
               considera on of the following factors:
                        (1) The length of the rela onship;
                        (2) The type of rela onship; and
                        (3) The frequency of interac on between the persons involved in the
                        rela onship;
               (iii) Domes c violence meaning felony or misdemeanor crimes commi ed by a
               person who:
                        (A) Is a current or former spouse or in mate partner of the vic m under
                        the family or domes c violence laws of the jurisdic on of the recipient,
                        or a person similarly situated to a spouse of the vic m;
                       (B) Is cohabita ng, or has cohabitated, with the vic m as a spouse or
              in mate
                       partner;
                       (C) Shares a child in common with the vic m; or
                       (D) Commits acts against a youth or adult vic m who is protected from
                       those acts under the family or domes c violence laws of the
                       jurisdic on; or
              (iv) Stalking meaning engaging in a course of conduct directed at a specific
              person that would cause a reasonable person to:
                       (A) Fear for the person’s safety or the safety of others; or
                       (B) Suffer substan al emo onal distress.

Suppor ve measures are individualized measures offered as appropriate, as reasonably
available, without unreasonably burdening a complainant or respondent, not for puni ve or
disciplinary reasons, and without fee or charge to the complainant or respondent to:
        (1) Restore or preserve that party’s access to the recipient’s educa on program or
ac vity,
        including measures that are designed to protect the safety of the par es or the
recipient’s
        educa onal environment; or
        (2) Provide support during the recipient’s grievance procedures or during an informal
        resolu on process




The Superintendent, or designated staff, are authorized to develop the regula ons necessary
to implement this policy.

Nothing in this policy is intended to create rights beyond those already created by federal
and/or state law.