FILE: JCED
SEXUALLY RELATED STUDENT MISCONDUCT
The Bienville Parish School Board disapproves of and does not tolerate sexual misconduct by employees against/to students, by students against/to employees or by one student against/to another student. No employee or student, either male or female, shall be subject to unsolicited or unwelcome sexual misconduct due to their age, race, sex, religion or other protective classification, including any unsolicited or 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 in the academic, extracurricular or co-curricular atmosphere but that does not rise to the level of sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexually related misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature.
COVERAGE
This policy applies to all employees, School Board members and to all students of the Bienville Parish School District. It applies at school, school-sponsored events, on or off school grounds and in situations which are related to the school. The term employee as used herein includes all employees of the Bienville Parish School Board and School Board members.
COMPLAINT PROCEDURE
Complaints of sexual misconduct which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school or other designated administrative personnel. 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 alleged act(s) which constitute the misconduct, the person or persons who the complainant alleges committed the misconduct, witnesses to the alleged act(s), and the date and time of the alleged act(s).
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 JCDAF, Bullying and Hazing.
After notification of the complaint, a confidential investigation shall be initiated immediately to gather all facts about the complaint. Following such investigation, 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 the employee or expulsion of a student. Any disciplinary action regarding an employee shall be placed in the employee's personnel file which will reflect the action taken and the grounds thereof. Any disciplinary action taken regarding a student shall be maintained as any other student disciplinary violation.
NONRETALIATION
Retaliation against any employee or student who brings sexual misconduct complaint or who assists in investigating such a complaint is expressly prohibited and shall not be tolerated. Any employee or student bringing a sexual misconduct complaint or who assists in the investigation of such a complaint will 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.
Recoded: September, 2006
Revised: September 3, 2020
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Misconduct)
La. Rev. Stat. Ann. ยงยง14:41, 14:42, 14:42.1, 17:416.13, 17:81
Board minutes, 12-6-01, 9-3-20
Bienville Parish School Board