SEXUAL HARASSMENT INVOLVING STUDENTS IN THE ATLANTA PUBLIC SCHOOL SYSTEM

It is the policy of the Atlanta Public School System that all individuals shall learn and work in environments that are free of all forms of discrimination, including sex discrimination. Sexual harassment is a form of sex discrimination which undermines the integrity of the educational environment and violates Title VII of the Civil Rights Act of 1964, as amended, and Title IX of the Education Amendments of 1972.

Sexual harassment perpetrated against students or by students is prohibited in the Atlanta Public School System. It shall be a violation of this policy for any student to be subjected to harassment or to subject another person to harassment through conduct or communication of a sexual nature as defined by this policy.

The school system will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any individual who, in the course of his/her education in or employment with the school system, sexually harasses another person.

A. SEXUAL HARASSMENT DEFINED

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or of obtaining and retaining employment, or other benefits provided by the school system; or
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting an individual's education or employment, or other benefits provided by the school system; or
3. such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's education or employment, or creating an intimidating, hostile or offensive educational or employment environment.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. Any sexual harassment as defined herein and perpetrated against or by a student in the school system shall be treated as sexual harassment under this policy. Sexual harassment may include but is not limited to:

1. verbal harassment or abuse of a sexual nature;

2. offensive or unwelcome sexual advances or propositions;

3. unwelcome intentional touching of intimate body parts;

4. graphic or degrading verbal comments about an individual or his/her physical attributes;

5. display of sexually suggestive objects, pictures, cards or letters;

6. lewd or suggestive comments or gestures;

7. off-color language or jokes of a sexual nature;

8. demanding sexual favors accompanied by implied or overt threats concerning an individual's educational or employment status;

9. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's educational or employment status;

10. employees dating students; or

11. sexual violence, a physical act of aggression that includes a sexual act or sexual purpose.

Sexual harassment involving students can occur in many settings and may involve a variety of individuals. The circumstances may involve but are not limited to:

1. student to student harassment;

2. harassment of a student by an employee or other representative of the school system;

3. harassment of an employee or other representative of the school system by a student;

4. harassment caused by exposure to offensive conduct or communication even though the affected individual was not the direct recipient of the offensive conduct or communication; or

5. harassment involving individuals of the same gender.

B. COMPLAINT RESOLUTION PROCEDURES

All principals and other supervisory personnel have an affirmative obligation to prevent and eliminate sexual harassment. Individuals who have knowledge of the occurrence of sexual harassment involving students; within the buildings for which he/she has responsibility; or within his/her chain of command shall immediately take reasonable and efficient action to protect the alleged victim and to curtail sexual harassment. These measures shall be taken independent of receipt of a complaint and shall include but not be limited to:

1. discussing the circumstances with the alleged victim;
2. maintaining the anonymity of the alleged victim, if requested or deemed to be in the best interest of the involved parties;
3. conducting An informal investigation to determine the validity of the allegations;
4. advising the alleged offender of the complaint and directing him/her to cease the alleged objectionable behaviors and any other behaviors that may constitute sexual harassment;
5. restricting contact between the alleged victim and the alleged offender;
6. reporting the allegations or offenses to the Equal Educational Opportunities (EEO) Coordinator.

Any student who believes that he/she is or has been the victim of sexual harassment or has knowledge of such action perpetrated against or by another student should immediately report the alleged acts to the principal of his/her school. The principal shall immediately investigate the allegations and take appropriate actions in accordance with the procedures set forth in Administrative Regulations "Sexual Harassment Involving Students In The Atlanta Public School System-Complaint Procedures." The EEO Coordinator shall be. consulted in all cases of alleged sexual harassment. The principal shall submit a written summary of his/her investigation, inclusive of the allegation(s) and action(s) taken, to the EEO Coordinator who shall conduct an investigation, as appropriate, and forward a comprehensive report to the Superintendent. Upon receipt of a final determination in the case from the Superintendent, the EEO Coordinator shall provide a dispositional summary to the principal, the appropriate Division Assistant Superintendent and the General Counsel.

If the allegation of sexual harassment is directed against the principal, the complaint should be reported to the appropriate Division Assistant Superintendent who shall intervene in accordance with the procedures set forth in the paragraph above. Upon receipt of a final determination in the case from the Superintendent, the EEO Coordinator shall provide a dispositional summary to the Division Assistant Superintendent, the Associate Superintendent for Instructional Services and the General Counsel.

C. SANCTIONS

Sexual harassment violates the fiduciary relationships established by the school system with students, their parents and all other relevant publics. The strictest appropriate disciplinary actions will be taken against school system employees found to have violated this policy. These actions shall include sanctions designated under School Board policy GAEAD, as well as other measures designed to end sexual harassment and prevent its recurrence.

The Superintendent shall recommend that the School Board terminate the employment of all personnel found to have sexually harassed students. Due process rights shall be afforded to all affected employees, where appropriate.

The Atlanta Board of Education shall report all substantiated allegations of sexual harassment of students by certificated personnel to the Professional Practices Commission (PPC). A recommendation for the revocation of the employee's teaching certificate shall be made to the PPC in all such cases. Disciplinary actions that maybe imposed by the PPC include:

1. warnings and reprimands;

2. termination, suspension or non-renewal of contracts; and

3. suspension or revocation of teaching certificates.

Sexual harassment by student perpetrators will not be tolerated in the Atlanta Public School System. Appropriate progressive disciplinary and rehabilitative actions will be taken to resolve the problem and to eliminate the possibility of its recurrence. Disciplinary actions may include but not be limited to:

1. student counseling;

2. family counseling;

3. sexual harassment training;

4. referral to outside agencies (e.g., DFACS, mental health centers);

5. detention;

6. in-school and/or out-of-school suspensions;

7. development of sexual harassment research projects;

8. class/school transfer;

9. revocation of out-of-zone school assignments;

10. expulsion.

Due process rights shall be afforded to students found to have sexually harassed other students enrolled in the Atlanta Public School System.

D. PROHIBITIONS

1. Retaliation

Retaliation against individuals who file sexual harassment complaints or assist in the investigation of sexual harassment complaints is expressly prohibited. Retaliation includes but is not limited to any form of intimidation, reprisal or harassment. Disciplinary actions imposed for acts of retaliation shall include sanctions up to and including expulsion or termination, as appropriate.

2. Intentional False Reporting

Students who knowingly fabricate allegations of sexual harassment shall be subject to disciplinary action up to and including expulsion.

3. Hindering An Investigation

Individuals who withhold information, purposely provide inaccurate facts or otherwise hinder an investigation of sexual harassment shall be subject to disciplinary action up to and including expulsion or termination, as appropriate.

E. CONFIDENTIALITY OF PROCEEDINGS

In all cases, a high degree of confidentiality will be maintained by school system authorities to protect parties involved in sexual harassment investigations. Only those persons who have a need to know for purposes of the investigation or resolution of the complaint shall be informed of the case. Any individual who releases information relative to the complaint or the investigation shall be subject to disciplinary action.