acac_prohibition_of_sexual_harassment:policy_and_grievance_procedures
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acac_prohibition_of_sexual_harassment:policy_and_grievance_procedures [2025/07/21 19:53] sau47 |
acac_prohibition_of_sexual_harassment:policy_and_grievance_procedures [2025/07/21 20:33] (current) sau47 |
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| __**I. RESTATEMENT OF POLICY PROHIBITING DISCRIMINATION ON THE BASIS OF SEX.**__\\ | __**I. RESTATEMENT OF POLICY PROHIBITING DISCRIMINATION ON THE BASIS OF SEX.**__\\ | ||
| - | Per Board policy AC, Title IX of the Education Amendments Act of 1972 (“Title IX”), as well as RSA 193:38, among others, the District does not discriminate on the basis of sex in its educational programs and activities, including employment and admissions. All forms of sex-based discrimination, including sexual harassment, are prohibited in the District.\\ | + | Per Board [[:ac_nondiscrimination_equal_opportunity_human_relations|policy AC]], Title IX of the Education Amendments Act of 1972 (“Title IX”), as well as RSA 193:38, among others, the District does not discriminate on the basis of sex in its educational programs and activities, including employment and admissions. All forms of sex-based discrimination, including sexual harassment, are prohibited in the District.\\ |
| __**II. DEFINITIONS AND OTHER PROVISIONS APPLICABLE TO PROHIBITED SEXUAL HARASSMENT.**__\\ | __**II. DEFINITIONS AND OTHER PROVISIONS APPLICABLE TO PROHIBITED SEXUAL HARASSMENT.**__\\ | ||
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| 7. Touching of a sexual nature or groping will always constitute a violation of school policies, and such touching or groping that occurs without consent (i.e. sexual assault) will constitute sexual harassment prohibited under Title IX.\\ | 7. Touching of a sexual nature or groping will always constitute a violation of school policies, and such touching or groping that occurs without consent (i.e. sexual assault) will constitute sexual harassment prohibited under Title IX.\\ | ||
| - | Such behaviors are prohibited and, depending on the context, the repetition, and/or the severity, may also violate one or more state or federal laws. The most severe, pervasive, and offensive of these behaviors are governed by Title IX. Less severe sexual harassment may still constitute a violation of this policy, Board policy AC and/or JICK, as well as one or more state or federal laws, such as: Title VII of the Civil Rights Act of 1964, RSA 193:38, RSA 354-A:1, -A:6 and -A:27. More detailed definitions of “Title IX sexual harassment” and other prohibited sexual harassment (“non-Title IX sexual harassment” are set out in the definitions section in II.C, below.\\ | + | Such behaviors are prohibited and, depending on the context, the repetition, and/or the severity, may also violate one or more state or federal laws. The most severe, pervasive, and offensive of these behaviors are governed by Title IX. Less severe sexual harassment may still constitute a violation of this policy, Board [[:ac_nondiscrimination_equal_opportunity_human_relations|policy AC]] and/or [[:jick_pupil_safety_and_violence_prevention|JICK]], as well as one or more state or federal laws, such as: Title VII of the Civil Rights Act of 1964, RSA 193:38, RSA 354-A:1, -A:6 and -A:27. More detailed definitions of “Title IX sexual harassment” and other prohibited sexual harassment (“non-Title IX sexual harassment” are set out in the definitions section in II.C, below.\\ |
| While **all reports of sexual harassment are to be processed in the first instance under Sect. II.K.1 of this Policy** only formal complaints regarding alleged conduct that could constitute Title IX sexual harassment are subject to the Complaint and Grievance Procedure found in Sect. III, below. If the alleged conduct does not appear to meet - or has been determined under the Title IX Grievance Procedure of Sect. III not to meet - the definition of sexual harassment under Title IX, then the report will be investigated and processed in accordance with Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA.]]\\ | While **all reports of sexual harassment are to be processed in the first instance under Sect. II.K.1 of this Policy** only formal complaints regarding alleged conduct that could constitute Title IX sexual harassment are subject to the Complaint and Grievance Procedure found in Sect. III, below. If the alleged conduct does not appear to meet - or has been determined under the Title IX Grievance Procedure of Sect. III not to meet - the definition of sexual harassment under Title IX, then the report will be investigated and processed in accordance with Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA.]]\\ | ||
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| **NOTE Regarding Concurrent Enrollment and Dual Enrollment, Extended Learning Opportunities, 3rd Party Distance Learning and Other Alternative Instructional Programs:** Under federal regulations, in order for the District to have jurisdiction over conduct that would otherwise meet the definition above of Title IX sexual harassment, the District must have substantial control over both the respondent and the context in which the harassment occurred. In general, this will mean that unless such learning program is occurring upon district property, conduct otherwise meeting the definition of Title IX sexual harassment within that program, may not be subject to this policy.\\ | **NOTE Regarding Concurrent Enrollment and Dual Enrollment, Extended Learning Opportunities, 3rd Party Distance Learning and Other Alternative Instructional Programs:** Under federal regulations, in order for the District to have jurisdiction over conduct that would otherwise meet the definition above of Title IX sexual harassment, the District must have substantial control over both the respondent and the context in which the harassment occurred. In general, this will mean that unless such learning program is occurring upon district property, conduct otherwise meeting the definition of Title IX sexual harassment within that program, may not be subject to this policy.\\ | ||
| - | **“Non-Title IX sexual harassment”** prohibited under this policy, Board policies AC and ACA and one or more of Title VII of the Civil Rights Act of 1964, RSA 193:38, RSA 354-A:1,-A:6 or -A:27 is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature in the following situations:\\ | + | **“Non-Title IX sexual harassment”** prohibited under this policy, Board policies [[:ac_nondiscrimination_equal_opportunity_human_relations|AC]] and [[:aca_discrimination_and_harassment_grievance_procedure|ACA]] and one or more of Title VII of the Civil Rights Act of 1964, RSA 193:38, RSA 354-A:1,-A:6 or -A:27 is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature in the following situations:\\ |
| i. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits, a term of an employee or prospective employee’s employment, or any other person’s access to District programs or activities;\\ | i. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits, a term of an employee or prospective employee’s employment, or any other person’s access to District programs or activities;\\ | ||
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| If the Title IX Coordinator is the alleged respondent, the report or formal complaint may be made directly to the Superintendent, who shall thereafter fulfill the functions of the Title IX Coordinator regarding that report/complaint, or delegate the function to another person.\\ | If the Title IX Coordinator is the alleged respondent, the report or formal complaint may be made directly to the Superintendent, who shall thereafter fulfill the functions of the Title IX Coordinator regarding that report/complaint, or delegate the function to another person.\\ | ||
| - | NOTE: For any allegation of sexual assault on a student under the age of 18, such conduction shall be reported immediately to the DCYF per Board policy JLF. If the alleged respondent (perpetrator) is a person holding a license or credential from the New Hampshire Department of Education (i.e., “credential holder”).\\ | + | NOTE: For any allegation of sexual assault on a student under the age of 18, such conduction shall be reported immediately to the DCYF per Board [[:jlf_reporting_child_abuse_neglect|policy JLF]]. If the alleged respondent (perpetrator) is a person holding a license or credential from the New Hampshire Department of Education (i.e., “credential holder”).\\ |
| **__2. District Response to Report of Sexual Harassment.__**\\ | **__2. District Response to Report of Sexual Harassment.__**\\ | ||
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| **__3. Formal Complaints.__**\\ | **__3. Formal Complaints.__**\\ | ||
| - | Pursuant to federal regulations, and this Policy, a formal complaint that contains allegations of conduct that may constitute Title IX sexual harassment and a request that the District investigate the allegations is required before the District may conduct a formal investigation of Title IX sexual harassment or take any action (other than supportive measures) against a person accused of Title IX sexual harassment. **Once a formal complaint of Title IX sexual harassment is received by the Title IX Coordinator, s/he shall commence the Title IX Grievance Process set out in Sect. III below. The process for filing a formal complaint is set forth in Sect. III.A.** If the alleged conduct does not appear to meet the definition of Title IX sexual harassment, **AND** no formal complaint is filed under Sect. III.A, then the matter may be processed under Board policy ACA.\\ | + | Pursuant to federal regulations, and this Policy, a formal complaint that contains allegations of conduct that may constitute Title IX sexual harassment and a request that the District investigate the allegations is required before the District may conduct a formal investigation of Title IX sexual harassment or take any action (other than supportive measures) against a person accused of Title IX sexual harassment. **Once a formal complaint of Title IX sexual harassment is received by the Title IX Coordinator, s/he shall commence the Title IX Grievance Process set out in Sect. III below. The process for filing a formal complaint is set forth in Sect. III.A.** If the alleged conduct does not appear to meet the definition of Title IX sexual harassment, **AND** no formal complaint is filed under Sect. III.A, then the matter may be processed under Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA]].\\ |
| **__4. Limitation on Disciplinary Action.__**\\ | **__4. Limitation on Disciplinary Action.__**\\ | ||
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| 4. Upon dismissal of a formal complaint, the District must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.\\ | 4. Upon dismissal of a formal complaint, the District must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.\\ | ||
| - | **The dismissal of a formal complaint under Title IX does not preclude the District from continuing any investigation or taking action relative to Non-Title IX sexual harassment or otherwise under Board policy ACA, other applicable District policies, code of conduct or administrative rules/regulations. In some cases, the District may have an obligation to continue an investigation and proceed under a different policy or mandated process. (See discussions in Sect. II.A and the definitions under "sexual harassment" in Sect. II.C).**\\ | + | **The dismissal of a formal complaint under Title IX does not preclude the District from continuing any investigation or taking action relative to Non-Title IX sexual harassment or otherwise under Board [[:aca_discrimination_and_harassment_grievance_procedure|policy ACA]], other applicable District policies, code of conduct or administrative rules/regulations. In some cases, the District may have an obligation to continue an investigation and proceed under a different policy or mandated process. (See discussions in Sect. II.A and the definitions under "sexual harassment" in Sect. II.C).**\\ |
| **__H. Appeals Process.__**\\ | **__H. Appeals Process.__**\\ | ||
acac_prohibition_of_sexual_harassment/policy_and_grievance_procedures.1753120410.txt.gz · Last modified: 2025/07/21 19:53 by sau47
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