Jerome Joint School District No. 261

STUDENTS 3290

Sexual Harassment/Intimidation of Students

The Board of Trustees believes that students and employees of the district have the right to work and learn in a

safe and positive atmosphere. The district is proud of its tradition of maintaining an educational environment in

which all individuals are treated with respect and dignity. Sexual harassment is a form of sex discrimination and is

prohibited in the District. An employee, District agent, or student engages in sexual harassment whenever he/she

makes unwelcome advances, requests sexual favors, or engages in other verbal, non-verbal or physical conduct of

a sexual or sex-based nature, imposed on the basis of sex, that:

I. denies or limits the provision of educational aid, benefits, services, opportunities, or treatment, or that

makes such conduct a condition of a student’s academic status; or

II. has the purpose or effect of:

1. substantially interfering with the student’s educational environment;

2. creating an intimidating, hostile, or offensive educational environment;

3. depriving a student of educational aid, benefits, services, opportunities or treatment; or

4. making submission to or rejection of such unwelcome conduct the basis for academic decisions

affecting a student.

The terms “intimidating”, “hostile” and “offensive” include conduct which has the effect of humiliation,

embarrassment, or discomfort. Examples of sexual harassment include, but are not limited to, unwelcome

touching, crude jokes, graffiti, pictures or cartoons, discussions of sexual experiences, pressure for sexual activity,

intimidation by words, actions, insults or name calling, teasing related to sexual characteristics, spreading rumors

related to a person’s alleged sexual activities, demanding sexual favors in exchange for favorable grades,

assignments, other education benefits related to extracurricular activities, or promises of the same, verbal abuse

of a sexual nature, graphic verbal commentary about an individual’s body, sexual prowess or sexual deficiencies,

leering, whistling, touching, pinching, brushing the body, assault, coerced sexual acts, or suggestive, insulting or

obscene comments or gestures, The display of sexually suggestive graffiti, and retaliation against employees or

students for complaining about such behaviors.

Students who believe that they may have been sexually harassed or intimidated should contact a counselor,

teacher, Title IX coordinator or administrator who will assist them in the complaint process, per Policy 3085 and

Procedure 3085P. Supervisors or teachers who knowingly condone, or fail to report or assist a student to take

action to remediate such behavior of sexual harassment or intimidation, may themselves be subject to discipline.

Any District employee who is determined, after an investigation, to have engaged in sexual harassment will be

subject to disciplinary action up to and including discharge. Any student of the District who is determined, after an

investigation, to have engaged in sexual harassment will be subject to disciplinary action, including, but not limited

to, suspension and expulsion consistent with the discipline policy. Any person knowingly making a false accusation

regarding sexual harassment will likewise be subject to disciplinary action up to and including discharge with

regard to employees, or suspension and expulsion with regard to students.

Any individual seeking further information should contact the Superintendent for the name of the current Title IX

Coordinator for the District. The Superintendent shall insure that the student and employee handbooks identify

the name, address, and telephone number of the individual responsible for coordinating the District’s compliance

efforts.

The district will not in any way retaliate against any student who makes a report of sexual harassment nor, to the

extent possible, will it permit any employee to do so. Retaliation will be considered a violation of this policy and

should be reported immediately. Any person found to have retaliated against a student for reporting an incident of

sexual harassment will be subject to the same disciplinary action provided for sexual harassment offenders.

An individual with a complaint alleging a violation of this policy which does not fall within the scope of allegations

addressed by Procedure 3085P shall follow the Uniform Grievance Procedure.

Cross Reference: 4120 Uniform Grievance Procedure

3085 Sexual Harassment, Discrimination and Retaliation Policy

3085P Title IX Sexual Harassment Grievance Procedure, Requirements and

Definitions

Legal References: 20 U.S.C. § 1681, et seq. Title IX of the Educational Amendments of 1972

34 CFR Part 106 Nondiscrimination on the Basis of Sex in

Education Programs or Activities Receiving Federal Financial

Assistance (Implementing Title IX)

I.C. § 67-5909 Commission on Human Rights - Acts Prohibited

I.D.A.P.A. 08.02.03.160 Safe Environment and Discipline

Policy History:

Adopted on: 04/25/2009

Revised on: 11/26/2019

Revised on: 12/15/2020