School Board of the City of Virginia Beach
Regulation 5-44.1
A. Definition
Unsolicited, unwelcome sexual overtures, conduct or advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when any of the following conditions is present:
1. Submission to such conduct is explicitly or implicitly made either a term or condition of a student's involvement or success in any school division program, service or activity;
2. Submission to or rejection of such conduct by an individual is used as the basis of any decision affecting such student's education;
3. Such conduct has the purpose or effect of unreasonably interfering with a student's work performance or creating an intimidating, hostile, or offensive education environment;
4. Such conduct by an employee or agent of the school division that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatments protected under Title IX.
B. Guidelines
1. Sexual harassment may be verbal, non-verbal, physical, written or visual. It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with the student's work effectiveness.
2. Any sexually harassing conduct by an employee or student directed towards another student in the school or at any school sponsored activity or program is prohibited. Examples of such conduct include, but are not limited to,
a. Unwelcome sexual flirtations, advances, or propositions;
b. Verbal abuse of a sexual nature which may include such actions as sex-oriented kidding, teasing or jokes;
c. Graphic verbal comments about an individual's body;d. Sexually degrading words used to describe an individual;
e. Physical contact such as offensive touching, patting, pinching, or brushing against another's body;
f. The display in a school, or at or in any school sponsored activity, service or program of sexually suggestive objects or pictures.
C. Procedure
1. Any student who believes that he/she has been the subject of sexual harassment should report the alleged act immediately to the principal of his/her school or the student may file a complaint with the assistant principal or any teacher. Allegations of sexual harassment will be thoroughly investigated by the principal and will be resolved as promptly, equitably and effectively as possible. The appropriate grade-level assistant superintendent shall provide investigation assistance as needed.
2. Any assistant principal, teacher or other employee who receives a complaint of sexual harassment of a student is required to report immediately such allegation to the principal. The principal shall then immediately notify the appropriate grade-level assistant superintendent regarding the complaint. If the alleged incident involves the principal, the person receiving the complaint shall report such incident to the appropriate grade-level assistant superintendent. If the complaint was made verbally, the principal or person reporting the incident to the appropriate grade-level assistant superintendent shall reduce it to written form within 24 hours and forward it to the appropriate grade-level assistant superintendent.
3. If the alleged incident involves harassment of a student or employee by another student the principal shall investigate the incident and shall report the results of his/her investigation and the remedial action taken to the appropriate grade-level assistant superintendent. The parent(s) and/or guardian of the involved students shall be kept apprised of the outcome of the investigation and informed of the results and action taken.
4. If the alleged incident involves harassment of a student by an employee, the principal shall report the results of his/her investigation and his/her recommendations of remedial action to the appropriate grade-level assistant superintendent and the Coordinator of Governmental Services. The principal shall also report the incident to the Child Protective Service authorities as set forth in policy 4-68 and regulation 4-68.1. In the event the alleged incident involves the principal, the Coordinator of Governmental Services shall conduct the initial investigation. Upon receipt of the report from the principal or completion of the investigation, the Coordinator of Governmental Services shall consult with the Director of Personnel Services and make final recommendations regarding action to be taken, including dismissal of the employee to the Division Superintendent for final decision. Parents shall be kept apprised of the outcome of the investigation and informed of the results and action taken.
5. If the alleged incident involves harassment of an employee by another school division employee, the matter will be handled as set forth at Virginia Beach City School Board Policy 4-43 and Regulation 4-43.1.
6. Students disciplined for violations of this policy shall have the right to appeal the proscribed punishment as set forth in policies 5-6 and 5-21 and their implementing regulations.
7. Complainant students who wish to appeal the decision of the principal may do so by following the grievance procedures outlined at regulation 5-5.1, Grievance Procedure for Discrimination on the Basis of Sex.
Approved by Superintendent: July 16, 1991
Revised by Superintendent: August 18, 1992
Revised by Superintendent: September 21, 1993 (Effective August 14, 1993)
Revised by Superintendent: June 11, 2001