Sexual Harassment: Student Complaint Procedure

STUDENT COMPLAINT PROCEDURE FOR ALLEGATIONS OF SEXUAL HARASSMENT

Sexual harassment is a form of sex discrimination and is unlawful under federal and state statutes. Pursuant to School Board Policies JCDAE and GAEB, sexual harassment or retaliation on the basis thereof is specifically prohibited by the Atlanta Public School System. Any student or other person who believes that he or she is or has been the victim of sexual harassment or has knowledge of such action perpetrated by or against a student enrolled in the school system should immediately report the alleged acts to the appropriate school system officials as designated by this regulation. Filing of the complaint shall not exceed 190 school calendar days following the alleged sexual 'harassment or retaliation. The school system encourages the complainant to use the Complaint of Discrimination/Sexual Harassment Report Form which may be secured from principals. Report forms are also available in the offices of Division Assistant Superintendents, the Office of Equal Educational Opportunities and the Office of the Superintendent.

I. REPORTING PROCEDURES

A. Persons Responsible for Receiving and Investigating Complaints

The principal has been designated as the local site representative to receive complaints of sexual harassment from any student or person who wishes to file such a complaint on behalf of a student. An assistant principal, a curriculum specialist, counselor, social worker or team/department chairperson may serve as the principal's designee for receipt of complaints. In all cases, only one person at each local site shall serve as the principal's designee in this regard. If the allegations involve the principal or his/her designee or if the alleged victim does not wish to address the matter with the aforementioned parties, the complaint shall be filed directly with the appropriate Division Assistant Superintendent. If desired, any complaint may be filed directly, either personally or via recorded voice mail message, with the Equal Educational Opportunities (EEO) Coordinator. Allegations involving the EEO Coordinator shall be filed directly with the Superintendent.

Complaints of sexual harassment shall initially be investigated at the local site. The EEO Coordinator shall serve as the central office administrator having oversight responsibility for all investigations of sexual harassment. If the allegations involve the EEO Coordinator, the Superintendent shall appoint an alternate central office administrator to oversee the case.

B. Filing A Complaint

All complaints of sexual harassment shall be immediately reported to the individual responsible for receiving complaints at the local site. Complaints may be filed verbally or in writing by completing the Complaint of Discrimination/Sexual Harassment Report Form. The specific circumstances surrounding the incident(s) shall be recorded by the receiver of the complaint if the complaintant is unable to personally provide the information in writing.

C. Anonymous Complaints

Anonymous complaints will be accepted. However, the school system shall not necessarily investigate all alleged sexual harassment when the identity of the complainant has not been revealed. An investigation shall be conducted if the circumstances described by the complaint provide a factual basis which indicates that sexual harassment may have occurred. If the anonymous report does not provide said factual basis, the complaint will be documented, the party or parties against whom the complaint has been filed will be notified and administrative intervention will be undertaken as deemed appropriate.

II. INVESTIGATION OF COMPLAINT

In determining whether alleged conduct constitutes sexual harassment, all relevant circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred shall be considered.

Some cases shall hall be subject to administrative disposition at the local site in accordance appropriate discipline guidelines. Such cases include those that: involve nonphysical contact that does not constitute sexual harassment as defined in School Board policy JCDAE; involve physical contact that can be attributed to the normal curiosity or impulsiveness of children evidenced at appropriate developmental stages; suggest evidence of a misunderstanding rather than sexual harassment; fail to establish a pattern of serious, objectionable sexual or sex based behaviors; or fail to yield evidence of a serious, single, objectionable act. The EEO Coordinator may be consulted if deemed warranted. Summary reports of the complaint, inclusive of actions taken, shall be maintained at the local site.

Other cases shall be subject to formal administrative disposition by the Superintendent. Such cases include those that: involve physical contact that cannot be attributed to the normal curiosity or impulsiveness of children evidenced at appropriate developmental stages; establish a pattern of objectionable behaviors; or involve allegations of sexual harassment perpetrated by employees of the Atlanta Public School System.

1. The principal/designee shall advise the parents/guardians of the complainant of the allegation(s) that an investigation is being conducted and that his/her child will be interviewed. As appropriate, parents/guardians or school system personnel may be present during the interview.

2. The principal/designee shall tape record the interview with the complainant. An account of the events that transpired, inclusive of dates, times and witnesses shall be obtained. The requested resolution in the case shall be identified. Examples may include but shall not be limited to:

a. cessation of offensive behaviors;

b. an apology;

c. transfer to another class (complainant/alleged offender); or

d. counseling (complainant/alleged offender).

The complainant shall be advised that the circum tances surrounding the case must remain confidential and that failure, to adhere to this prohibition will result in disciplinary action independent of the ultimate decision rendered in the case. The complainant shall be advised to immediately report any threats or acts of retaliation made by the alleged offender subsequent to the filing of the complaint.

3. The principal/designee shall advise the parents/guardians of the alleged student offender of the allegation(s) that an investigation is being conducted and that his/her child will be interviewed. As appropriate, parents/guardians or school system personnel may be present during the interview.

OR

The principal/designee shall advise the employee that a student has alleged that the employee sexually harassed him/her and that an investigation is being conducted.

4. The principal/designee shall tape record the interview with the alleged offender. An account of the events that transpired, inclusive of dates, times, places and witnesses shall be obtained. The resolution in the case shall be identified. Examples may include but shall not be limited to:

a. mediation with the complainant;

b. an apology;

c. transfer to another class/assignment (complainant/alleged offender); or

d. counseling (complainant/alleged offender).

The alleged offender shall be reminded that circumstances surrounding the complaint must remain confidential and that retaliation against individuals who file complaints of sexual harassment or assist in the investigation of such complaints is strictly prohibited. Failure to adhere to these prohibitions will result in disciplinary action independent of the ultimate decision rendered in the case.

5. The principal/designee shall advise the parents/guardians of all student witnesses that an investigation is being conducted and that his/her child will be interviewed. As appropriate, parents/guardians or school system personnel maybe present during the interview.

6. The principal/designee shall tape record interviews with witnesses and other persons identified to have knowledge of the case. All individuals interviewed shall be advised that the circum tances surrounding the case must remain confidential and that failure to adhere to this prohibition will result in disciplinary action.

Steps one through five as listed above shall occur on the next school calendar day following receipt of the complaint devoid of extremely extenuating circumstances. In no cases, shall more than two school calendar days elapse between receipt of the complaint and completion of steps one through five.

7. The principal shall submit a detailed summary of the allegations and all actions taken along with all audiocassettes containing recorded interviews to the EEO Coordinator three school calendar days after completion of step five above.

8. The EEO Coordinator or alternate central office investigator shall review the summary report submitted by the principal and:

a. continue the investigation, if warranted;
b. facilitate mutually agreed upon mediation; and
c. submit a recommended determination to the Superintendent.

9. The Superintendent shall impose sanctions against individuals found to have violated the sexual harassment policy. The EEO Coordinator, principal and his/her designee will facilitate the imposition of appropriate disciplinary action.

Steps seven and eight shall be completed within 12 school calendar days following receipt of the summary report from the principal.

The school system shall take immediate steps, at its discretion, to protect affected persons pending completion of an investigation of alleged sexual harassment.

The EEO Coordinator and alternate central office investigators shall regularly consult with the General Counsel regarding the status of investigations of sexual harassment.

III. RESOLUTION OF COMPLAINT

The EEO Coordinator or alternate central office office investigator shall prepare a comprehensive report of the findings and forward it to the General Counsel who shall confer with the Superintendent regarding the disposition of the case. This report shall consist of all information gathered and a recommended determination with supporting reasons for said determination.

Recommended determinations may be:

1. no violation of the sexual harassment policy;

2. violation of the sexual harassment policy;

3. evidence of inappropriate behavior not found to constitute sexual harassment.

The Superintendent shall approve, disapprove or modify the recommended determination and shall take appropriate action based on the results of the investigation. This action may include sanctions as designated in the Atlanta Public School System Code of Student Conduct and Discipline and School Board Policy GAEAD. Sanctions shall include rehabilitation opportunities designed to end sexual harassment and prevent its recurrence.

The Superintendent shall recommend that the School Board terminate the employment of all employees found to have sexually harassed students. Due process rights shall be afforded to all affected employees and termination hearings will be arranged by the Personnel Division.

The School Board 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 may be 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.

The strictest appropriate disciplinary actions shall be taken against students found to have sexually harassed other students. Due process rights shall be afforded and hearings shall be arranged by appropriate Instructional Services personnel.

The Superintendent shall inform the complainant and his/her parents/guardians of the determination. If the determination includes a finding that a violation of the sexual harassment policy has occurred, the Superintendent shall also inform the complainant of the disciplinary action to be taken. The individual(s) against whom the complaint has been filed and his/her parents/guardians, if applicable, shall also r eceive notification of the determination. If the determination includes a finding that a violation of the sexual harassment policy has occurred, a description of the disciplinary actions to be taken shall be included in the notification. The Superintendent shall also impose appropriate sanctions if the determination includes a finding of evidence of inappropriate behavior which does not constitute sexual harassment.

IV. APPEALS PROCESS

Any determination by the Superintendent may be appealed by the complainant or by the party or parties against whom the complaint has been filed. Any appeal of the notification of a case must be made in writing within 10 days of the date of the letter of determination. Any such appeal to the School Board shall set forth the grounds of the appeal and shall be filed with the Superintendent, who shall transmit the same, with the record, to the School Board. The School Board shall determine the appeal on the record, but may hear the parties or receive additional evidence as it shall deem proper. The decision of the School Board shall be final, subject, however, to any appeal to the State Board of Education allowed by law.

V. CONFIDENTIALITY OF PROCEEDINGS

The filing of a complaint, the investigation of a complaint, and the identity of persons involved in complaint proceedings shall be maintained in confidence. 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.

VI. PROHIBITIONS

A. Retaliation

School Board policy JCDAE expressly prohibits retaliation against individuals who file sexual harassment complaints or assist in the investigation of sexual harassment complaints. Retaliation includes but is not limited to any form of intimidation, reprisal or harassment.

The school system shall appropriately discipline any individual who retaliates against any person who reports alleged sexual harassment or who testifies, assists or participates in an investigation, proceeding or hearing related to a sexual harassment complaint. Persons bringing a sexual harassment complaint or assisting in an investigation of such a complaint shall not be adversely affected in terms and/or conditions of education, nor discriminated against or subjected to suspension or expulsion because of the complaint. Disciplinary actions imposed for acts of retaliation shall include sanctions up to and including expulsion or termination, as appropriate.

B. Intentional False Reporting

False accusations of sexual harassment can have a serious detrimental effect. If it has been found that a student has knowingly submitted a false report, the school system will take appropriate disciplinary action up to and including expulsion.

C. 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.

VII. NOTICE

This regulation and the school system's Sexual Harassment Involving Students In The Atlanta Public School System policy shall be available at all schools and other system locations and shall be explained to all students by their teachers. Technical assistance shall also be provided by the Office of Equal Educational Opportunities.

The school system shall conspicuously post its Notice of Nondiscrimination, inclusive of the name, mailing address and telephone number of the school system employee responsible for compliance with nondiscrimination provisions.

VIII. RIGHT TO ALTERNATIVE DISPUTE RESOLUTION PROCEDURES

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include mediation, filing a complaint with the Office for Civil Rights, initiating a civil action or seeking redress under state criminal statues and/or federal laws. Information relative to alternative avenues of redress may be obtained from the Office of Equal Educational Opportunities.

IX. RETENTION OF RECORDS

The official record of all investigations shall be housed in the Office of Equal Educational Opportunities. These records shall not become a part of any student's permanent record file or any employee's personnel file and may only be reviewed upon approval of the Superintendent or his/her designee. However, any documents regarding disciplinary action arising from an investigation shall be included in the permanent record or personnel files of the individual against whom the complaint was filed and the complaining party. Records will be retained for the maximum time allowable for redress available through actions pursued by regulatory or judicial entities.