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Austin ISD Policy

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Austin ISD Policy
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   Austin ISD   227901   STUDENT WELFARE   FFH   FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION   (LOCAL)   DATE ISSUED: 10/15/2013 1 of 7   LDU 2013.08   FFH(LOCAL) - X   Note:   This policy addresses discrimination, harassment, and retaliation involving District students. For provisions re-garding discrimination, harassment, and retaliation in-volving District employees, see DIA. For reporting re-quirements related to child abuse and neglect, see FFG. Note that FFH shall be used in conjunction with FFI (bul-lying) for certain prohibited conduct.   The District prohibits acts of any kind, including harassment, based on race, color, religion, gender, gender identity, sexual orientation, national srcin, disability, or any other basis prohibited by law (e.g., cyberbullying via social network sites). Retaliation against anyone involved in the complaint process is a violation of District policy and is prohibited.   Discrimination against a student is defined as conduct directed at a student on the basis of race, color, religion, gender, gender identity, sexual orientation, national srcin, disability, or any other basis pro-hibited by law, that adversely affects the student.   Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, gender identity, sexual orientation, national srcin, disabil-ity, or any other basis prohibited by law that is so severe, persis-tent, or pervasive that the conduct:  1.  Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;  2. Has the purpose or effect of substantially or unreasonably in-terfering with the student’s academic performance; or   3. Otherwise adversely affects the student’s educational oppor-tunities.   Prohibited harassment includes dating violence as defined by this policy.   Examples of prohibited harassment may include offensive or de-rogatory language directed at another person’s religious beliefs or practices, accent, skin color, gender identity, or need for accom-modation; threatening, intimidating, or humiliating conduct; offen-sive jokes, name - calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, eth-nic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.   STATEMENT OF NONDISCRIMINATION   DISCRIMINATION   PROHIBITED HARASSMENT   EXAMPLES     Austin ISD   227901   STUDENT WELFARE   FFH   FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION   (LOCAL)   DATE ISSUED: 10/15/2013 2 of 7   LDU 2013.08   FFH(LOCAL) - X   Sexual harassment of a student by a District employee includes both welcome and unwelcome sexual advances; requests for sex-ual favors; sexually motivated physical, verbal, or nonverbal con-duct; or other conduct or communication of a sexual nature includ-ing harassment carried out via electronic means when: 1.  A District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or   2. The conduct is so severe, persistent, or pervasive that it:  a.  Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise ad-versely affects the student’s educational opportunities; or   b. Creates an intimidating, threatening, hostile, or abusive educational environment.   Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relationship be-tween a student and a District employee is always prohibited, even if consensual. [See DF]   Sexual harassment of a student, including harassment committed by another student or a third party, includes unwelcome sexual ad-vances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct including harassment carried out via electronic means when the conduct is so severe, persistent, or pervasive that it:  1.  Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;  2. Has the purpose or effect of substantially or unreasonably in-terfering with the student’s academic performance; or   3. Otherwise adversely affects the student’s educational oppor-tunities.   Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical con-tact that is sexual in nature; jokes or conversations of a sexual na-ture; and other sexually motivated conduct, communications, or contact.   Necessary or permissible physical contact such as assisting a child by taking the child’s hand, comforting a child with a hug, or other SEXUAL HARASSMENT BY AN EMPLOYEE BY OTHERS   EXAMPLES     Austin ISD   227901   STUDENT WELFARE   FFH   FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION   (LOCAL)   DATE ISSUED: 10/15/2013 3 of 7   LDU 2013.08   FFH(LOCAL) - X   physical contact not reasonably construed as sexual in nature is not sexual harassment.   Gender  - based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of mas-culinity or femininity, including harassment carried out via electronic means. For purposes of this policy, gender  - based harassment is considered prohibited harassment if the conduct is so severe, per-sistent, or pervasive that the conduct:  4.  Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;  5. Has the purpose or effect of substantially or unreasonably in-terfering with the student’s academic performance; or   6. Otherwise adversely affects the student’s educational oppor-tunities.   Examples of gender  - based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name - calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.   Dating violence occurs when a person in a current or past dating relationship uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other person in the rela-tionship. Dating violence also occurs when a person commits these acts against a person in a marriage or dating relationship with the individual who is or was once in a marriage or dating rela-tionship with the person committing the offense.   For purposes of this policy, dating violence is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct:  7.  Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;  8. Has the purpose or effect of substantially or unreasonably in-terfering with the student’s academic performance; or   9. Otherwise adversely affects the student’s educational oppor-tunities.   GENDER - BASED HARASSMENT   EXAMPLES   DATING VIOLENCE     Austin ISD   227901   STUDENT WELFARE   FFH   FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION   (LOCAL)   DATE ISSUED: 10/15/2013 4 of 7   LDU 2013.08   FFH(LOCAL) - X   Examples of dating violence against a student may include physi-cal or sexual assaults; name - calling; put - downs; or threats directed at the student, the student’s family members, or members of the student’s household. Additional examples may include destroying property belonging to the student, threatening to commit suicide or homicide if the student ends the relationship, attempting to isolate the student from friends and family, stalking, threatening a stu-dent’s spouse or current dating partner, or encouraging others to engage in these behaviors.   The District prohibits retaliation by a student or District employee against a student alleged to have experienced discrimination or harassment, including dating violence, or another student who, in good faith, makes a report of harassment or discrimination, serves as a witness, or participates in an investigation.   Examples of retaliation may include threats, rumor spreading, os-tracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not in-clude petty slights or annoyances.    A student who intentionally makes a false claim, offers false state-ments, or refuses to cooperate with a District investigation regard-ing discrimination or harassment, including dating violence, shall be subject to appropriate disciplinary action.   In this policy, the term “prohibited conduct” includes discrimination, harassment, dating violence, and retaliation as defined by this poli-cy, even if the behavior does not rise to the level of unlawful con-duct.    Any student who believes that he or she has experienced prohibit-ed conduct or believes that another student has experienced pro-hibited conduct should immediately report the alleged acts to a teacher, counselor, principal, other District employee, or the appro-priate District official listed in this policy.    Any District employee who suspects or receives notice that a stu-dent or group of students has or may have experienced prohibited conduct shall immediately notify the appropriate District official listed in this policy and take any other steps required by this policy.   For the purposes of this policy, District officials are the Title IX co-ordinator, the ADA/Section 504 coordinator, and the Superinten-dent.   Reports of discrimination based on sex, including sexual harass-ment, may be directed to the Title IX coordinator. The District des-ignates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:   EXAMPLES   RETALIATION   EXAMPLES   FALSE CLAIM   PROHIBITED CONDUCT   REPORTING PROCEDURES   STUDENT REPORT   EMPLOYEE REPORT   DEFINITION OF DISTRICT OFFICIALS   TITLE IX COORDINATOR  

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Jul 23, 2017

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Jul 23, 2017
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