Admin

Sexual Harassment, Sexual Violence, Inappropriate Sexual Conduct and Non-retaliation-complaint procedures 5-44.1

School Board of the City of Virginia Beach
Regulation 5-44.1

STUDENTS

Sexual Harassment, Sexual Violence, Inappropriate Sexual Conduct and Non-retaliation-complaint procedures

Sexual harassment, sexual violence, and inappropriate sexual conduct will not be tolerated and may constitute violations of School Board policy or regulation, federal or state law. The School Division does not condone or tolerate any form of sexual harassment, sexual violence inappropriate sexual conduct or retaliation for reporting such conduct. The School Division is committed to the creation and maintenance of an educational environment in which all individuals who participate in school programs and activities can do so in an atmosphere free from all forms of sexual harassment, sexual violence and inappropriate sexual conduct.

  1. Definition

    Unsolicited, unwelcome sexual overtures, conduct or advances, requests for sexual favors, and other verbal, written or physical conduct of a sexual nature constitute sexual harassment, sexual violence and/or inappropriate sexual conduct when any of the following conditions is present:

    1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s access, 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 individual;
    3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive education environment; and
    4. Such conduct by an employee, agent, or volunteer of the School Division that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatments protected under Title IX.
  2. Prohibited conduct

    Sexual harassment, sexual violence and/or inappropriate sexual conduct may be verbal, non-verbal, physical, written, electronic or visual. It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with the individual's rights in the educational environment. Prohibited conduct that may be determined to be a violation under this Regulation of Title IX Guidelines is defined, but is not limited to:

    1. Suggestive or obscene statements, noises, letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, fondling, sexual molestation or assault, impeding or blocking movement, leering, gestures, display of sexually suggestive actions, materials, objects, posters or cartoons, or other similar conduct. This includes electronic and verbal forms of communication;
    2. Unwelcome sexual advances, propositions or other sexual comments such as: 1) sexually-oriented gestures, sounds, remarks, jokes, or comments about an individual's sexuality or sexual experience directed at or made in the presence of any other individual;
    3. Physical assault or battery of a sexual nature, or the attempt thereof such as: 1) rape, sexual battery, molestation or attempts to commit those offenses, or committing an act with intent to cause fear in another of immediate bodily harm or death; 2) intentional physical contact which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against or poking a student's body, or touching of the clothing covering the immediate area of the complainant's intimate body parts; and 3) other similar actions;
    4. Continuing to express sexual interest after being informed that the interest is unwelcome.
    5. Coercive sexual behaviors used to control, influence, or affect an individual’s educational or employment opportunities, grades, and/or learning environment, opportunities to participate in or advance in school sponsored activities;
    6. Offering or granting favors or benefits in exchange for sexual favors;
    7. Preferential treatment or promise of preferential treatment for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward;
    8. Prohibited retaliation shall be defined as adverse action against a covered individual because the individual (or closely-associated individual) engaged in protected activity
      1. an “adverse action” is an action that is likely to keep a reasonable person from engaging in protected activity, including but not limited to threats, assault or battery, harassment, or other conduct that has the purpose of substantially interfering with a person’s access to or participation in the educational environment;
      2. a “covered individual” is a person who has engaged in protected activity, such as filing a sexual harassment charge, or who is closely associated with an individual who has engaged in protected activity.
      3. protected activity” includes, but is not limited to: reasonable opposition to a practice believed to violate sexual harassment laws on behalf of oneself or others; participation in a sexual harassment proceeding, such as cooperating with an internal investigation of alleged sexual harassment practices or acting as a witness in an investigation by an outside agency or in litigation; and the asserting of one's rights, or objecting to such conduct.
  3. Grievance Procedures

    In accordance with federal law and regulation, the procedures for filing, investigating and resolving grievances regarding violations of sexual harassment are set forth in the School Division's Title IX guidance. If a complaint is determined not to be a violation of Title IX but may still constitute a violation of this Regulation, the complaint may be investigated as a complaint under Policy 5-7.

  4. Informal remedies or mediation

    The complainant or victim may utilize informal methods to remedy the complainant or mediation. Informal methods or mediation are not appropriate if the alleged conduct constitutes sexual violence or other unsafe condition for the victim. The complainant or victim cannot be compelled to utilize informal remedies or mediation and shall retain the right to discontinue informal remedies or mediation at any time.

  5. Retaliation and false reporting prohibited

    Retaliation against any individual who makes a complaint, participates in the investigation or resolution of a complaint is strictly prohibited and will be a violation of this Regulation. Pursuing other appropriate remedies will not be construed as retaliation. Intentional false reporting or misrepresentation of complaints or evidence regarding complaints is strictly prohibited and may result in appropriate action being taken by the School Division. Taking appropriate action against false reporting or misrepresentation will not be considered retaliation under this Regulation.

  6. Additional contact information for complaints of sexual harassment, sexual violence, or inappropriate sexual conduct:

    The Title IX Coordinator for student complaints is the Coordinator of Student Conduct/Services, Laskin Road Annex, 1413 Laskin Road, Virginia Beach, Virginia 23451, telephone (757) 263-2020, facsimile (757) 263-2022.

    Complaints may also be directed to: U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov.

School Board Policy 5-6
School Board Regulation 5-6.1
School Board Regulation 5-6.2

School Board Policy 5-7
School Board Policy 5-21
School Board Regulation 5-21.1
School Board Regulation 5-21.2
School Board Regulation 5-21.3
School Board Policy 7-17
School Board Regulation 7-17.1

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
Revised by Superintendent: September 2, 2015
Revised by the Superintendent: October 29, 2020