Harassment and Discrimination 2018-2019
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Harassment and Discrimination Student
STUDENTS 09.4281
Grievances
The Superintendent shall develop specific grievance procedures to include, but not be limited to, the opportunity for high school student grievances to be addressed and resolved at each level from the point of origin, time limitations for the filing and appeal of a grievance, and procedures for the orderly review and appeal of student grievances.
If the Principal and Superintendent cannot successfully resolve grievances, the student may appeal to the Board. However, if the grievance concerns discipline of an individual student, the Board may, on a case-by-case basis, determine if it will hear the grievance based on whether the facts presented in the written grievance fall within its discretion or authority. If there is a question as to whether the grievance is within the Board’s discretion or authority, the Board will consult with legal counsel.
EXCEPTION
Federal law requires the District to implement separate and specific processes for responding to complaints/grievances about Title I programs and to those alleging discrimination in the delivery of benefits or services in the District’s school nutrition program.
I have read the above board policy 09.4281 and understand it *
Harassment and Discrimination Student
STUDENTS 09.42811
Harassment/Discrimination
DEFINITION
Harassment/Discrimination is unlawful behavior based on race, color, national origin, age, religion, sex or disability that is sufficiently severe, pervasive, or objectively offensive that it adversely affects a student's education or creates a hostile or abusive educational environment.
The provisions of this policy shall not be interpreted as applying to speech otherwise protected under the state or federal constitutions where the speech does not otherwise materially or substantially disrupt the educational process, as defined by policy 09.426, or where it does not violate provisions of policy 09.422.
PROHIBITION
Harassment/Discrimination is prohibited at all times on school property and off school grounds during school-sponsored activities. This prohibition also applies to visitors to the school who may come into contact with employees and students. (Acts of harassment/discrimination based on sex may be committed by persons of the same or the opposite sex.)
District staff shall provide for a prompt and equitable resolution of complaints concerning harassment/discrimination.
DISCIPLINARY ACTION
Students who engage in harassment/discrimination of an employee or another student on the basis of any of the areas mentioned above shall be subject to disciplinary action, including but not limited to suspension and expulsion.
GUIDELINES
Students who believe they or any other student, employee, or visitor is being or has been subjected to harassment/discrimination shall, as soon as reasonably practicable, report it. In each school building, the Principal is the person responsible for receiving reports of harassment/discrimination at the building level. Otherwise, reports of harassment/discrimination may be made directly to the Superintendent. Additionally, if sexual discrimination or harassment is being alleged, reports may be made directly to the District Title IX Coordinator. Complaints of harassment/discrimination, whether verbal or written, shall lead to a documented investigation and a written report.
Employees who believe prohibited behavior is occurring or has occurred shall notify the victim’s Principal, who shall immediately forward the information to the Superintendent.
The Superintendent shall provide for the following:
1. Investigation of allegations of harassment/discrimination to commence as soon as circumstances allow, but not later than three (3) school days of receipt of the original complaint. A written report of all findings of the investigation shall be completed within thirty (30) calendar days, unless additional time is necessary due to the matter being investigated by a law enforcement or governmental agency.
The Superintendent/designee may take interim measures to protect complainants during the investigation.

STUDENTS 09.42811
(CONTINUED)
Harassment/Discrimination
GUIDELINES (CONTINUED)
2. A process to identify and implement, within five (5) school days of the submission of the written investigative report, methods to correct and prevent reoccurrence of the harassment/discrimination. If corrective action is not required, an explanation shall be included in the report.
3. A process to be developed and implemented to communicate requirements of this policy to all students, which may include, but not be limited to, the following:
• written notice provided in publications such as handbooks, codes, and/or pamphlets; and/or
• such other measures as determined by the Superintendent/designee.
Method(s) used shall provide a summary of this policy, along with information concerning how individuals can access the District’s complete policy/procedures and obtain assistance in reporting and responding to alleged incidents. Students, parents or guardians, as appropriate, will be directed to sign an acknowledgement form verifying receipt of information concerning this policy as part of the Board-approved code of acceptable behavior and discipline.
4. Age appropriate training during the first month of school to include an explanation of prohibited behavior and the necessity for prompt reporting of alleged harassment/discrimination; and
5. Development of alternate methods of filing complaints for individuals with disabilities and others who may need accommodation.
When sexual harassment is alleged, the District's Title IX Coordinator, as designated in the student handbook/code, shall be notified.
NOTIFICATIONS
Within twenty-four (24) hours of receiving a serious allegation of harassment/discrimination, District personnel shall attempt to notify parents of both student victims and students who have been accused of harassment/discrimination.
In circumstances also involving suspected child abuse, additional notification shall be required by law. (See Policy 09.227.)
In applicable cases, employees must report harassment/discrimination to appropriate law enforcement authorities in accordance with law.1

STUDENTS 09.42811
(CONTINUED)
Harassment/Discrimination
PROHIBITED CONDUCT
Depending on the circumstances and facts of the situation, and within the definition of harassment/discrimination contained in this policy, examples of conduct and/or actions that could be considered a violation of this policy include, but are not limited to:
1. Any nicknames, slurs, stories, jokes, written materials or pictures that are lewd, vulgar, or profane and relate to any of the protected categories listed in the definition of harassment/discrimination contained in this policy;
2. Unwanted touching, sexual advances, requests for sexual favors, and spreading sexual rumors;
3. Instances involving sexual violence;
4. Causing a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity or that an educational decision will be based on whether or not the student submits to unwelcome sexual conduct;
5. Implied or overt threats of physical violence or acts of aggression or assault based on any of the protected categories;
6. Seeking to involve students with disabilities in antisocial, dangerous or criminal activity where the students, because of disability, are unable to comprehend fully or consent to the activity; and
7. Destroying or damaging an individual's property based on any of the protected categories.
CONFIDENTIALITY
District employees involved in the investigation of complaints shall respect, as much as possible, the privacy and anonymity of both victims and persons accused of violations.
APPEAL
Upon the completion of the investigation and correction of the conditions leading to the harassment/discrimination, any party may appeal in writing any part of the findings and corrective actions to the Superintendent.
If a supervisor is an alleged party in the harassment/discrimination complaint, procedures shall also provide for addressing the complaint to a higher level of authority.
Failure by employees to report, notify, and/or initiate an investigation of alleged harassment/discrimination as required by this policy, or to take corrective action shall be cause for disciplinary action.
RETALIATION PROHIBITED
No one shall retaliate against an employee or student because s/he submits a grievance, assists or participates in an investigation, proceeding, or hearing regarding the charge of harassment/discrimination of an individual or because s/he has opposed language or conduct that violates this policy.
Upon the resolution of allegations, the Superintendent shall take steps to protect employees and students against retaliation.

STUDENTS 09.42811
(CONTINUED)
Harassment/Discrimination
FALSE COMPLAINTS
Deliberately false or malicious complaints of harassment/discrimination may result in disciplinary action taken against the complainant.
OTHER CLAIMS
When a complaint is received that does not appear to be covered by this policy, administrators shall review other policies that may govern the allegations, including but not limited to, 09.422 and/or 09.426.
REFERENCES:
1KRS 158.156
42 USC 2000e, Civil Rights Act of 1964, Title VII
Racial Incidents and Harassment Against Students at Educational Institutions;
Investigative Guidance (U.S. Department of Education)
U. S. Supreme Court - Franklin vs. Gwinnett County
29 C.F.R. 1604.11, Equal Employment Opportunity Commission (EEOC)
Regulations Implementing Title VII
20 U.S.C. 1681, Education Amendments of 1972, Title IX
34 C.F.R. 106.1-106.71, U.S. Department of Education Office for Civil Rights
Regulations Implementing Title IX
Gebser v. Lago Vista Independent School Dist., 118 S. Ct. 1989 (1998)
Davis v. Monroe County Bd. of Educ., 119 S. Ct. 1661 (1999)
RELATED POLICIES:
03.162; 03.262
09.13; 09.2211; 09.227
09.422; 09.426; 09.438
Adopted/Amended: 6/25/2015
Order #: 6914
I have read and understand the above Morgan County Schools board policy 09.42811 * *
Harassment Discrimination - Classified Personnel
PERSONNEL 03.262
CLASSIFIED PERSONNEL
Harassment/Discrimination
DEFINITION
Harassment/Discrimination of employees is unlawful behavior based on the race, color, national origin, age, religion, sex, genetic information or disability of an employee involving intimidation by threats of or actual physical violence; the creation, by whatever means, of a climate of hostility or intimidation or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred or prejudice.
PROHIBITION
Harassment/Discrimination is prohibited at all times on school property and off school grounds during school-sponsored activities. This prohibition also applies to visitors to the school who may come into contact with employees and students. (Acts of harassment/discrimination based on sex may be committed by persons of the same or the opposite sex.)
District staff shall provide for a prompt and equitable resolution of complaints concerning harassment/discrimination.
DISCIPLINARY ACTION
Employees who engage in harassment/discrimination of another employee or a student on the basis of any of the areas mentioned above shall be subject to disciplinary action including but not limited to termination of employment.
GUIDELINES
Employees who believe they or any other employee, student, or visitor is being or has been subjected to harassment/discrimination shall, as soon as reasonably practicable, report it. In each school building, the Principal is the person responsible for receiving reports of harassment/discrimination at the building level. Otherwise, reports of harassment/discrimination may be made directly to the Superintendent. If an employee is not assigned to a particular school, a report of harassment/discrimination may be made to the employee’s immediate supervisor or to the Superintendent. Additionally, if sexual discrimination or harassment is being alleged, reports may be made directly to the District Title IX Coordinator. Complaints of harassment/discrimination, whether verbal or written, shall lead to a documented investigation and a written report.
In applicable cases, employees must report harassment/discrimination to appropriate law enforcement authorities in accordance with law.1
The Superintendent shall provide for the following:
1. Investigation of allegations of harassment/discrimination to commence as soon as circumstances allow, but not later than three (3) working days of receipt of the original complaint. A written report of all findings of the investigation shall be completed within thirty (30) calendar days, unless additional time is necessary due to the matter being investigated by a law enforcement or governmental agency;
The Superintendent/designee may take interim measures to protect complainants during the investigation.

PERSONNEL 03.262
(CONTINUED)
Harassment/Discrimination
GUIDELINES (CONTINUED)
2. A process to identify and implement, within five (5) working days of the submission of the written investigative report, methods to correct and prevent reoccurrence of the harassment/discrimination. If corrective action is not required, an explanation shall be included in the report.
3. A process to be developed and implemented to communicate requirements of this policy to all staff, which may include, but not be limited to the following:
• written notice provided in publications such as handbooks, staff memoranda, and/or pamphlets:
• postings in the same location as are documents that must be posted according to state/federal law; and/or
• such other measures as determined by the Superintendent/designee.
Method(s) used shall provide a summary of this policy, along with information concerning how individuals can access the District’s complete policy.
4. Annual training explaining prohibited behaviors and the necessity for prompt reporting of alleged harassment/discrimination; and
5. Development of alternate methods of filing complaints for individuals with disabilities and others who may need accommodation.
PROHIBITED CONDUCT
Depending on the circumstances and facts of the situation, and within the definition of harassment/discrimination contained in this policy, examples of conduct and/or actions that could be considered a violation of this policy include, but are not limited to:
1. Any nicknames, slurs, stories, jokes, written materials or pictures that are lewd, vulgar, or profane and relate to any of the protected categories listed in the definition of harassment/discrimination contained in this policy;
2. Unwanted touching, sexual advances, requests for sexual favors and spreading sexual rumors;
3. Instances involving sexual violence;
4. Causing an employee to believe that he or she must submit to unwelcome sexual conduct in order to maintain employment or that a personnel decision will be based on whether or not the employee submits to unwelcome sexual conduct;
5. Implied or overt threats of physical violence or acts of aggression or assault based on any of the protected categories;
6. Seeking to involve individuals with disabilities in antisocial, dangerous or criminal activity where they, because of disability, are unable to comprehend fully or consent to the activity; and
7. Destroying or damaging an individual's property based on any of the protected categories.

PERSONNEL 03.262
(CONTINUED)
Harassment/Discrimination
CONFIDENTIALITY
District employees involved in the investigation of complaints shall respect, as much as possible, the privacy and anonymity of all parties involved.
APPEAL
Upon the completion of the investigation and correction of the conditions leading to the harassment/discrimination, any party may appeal in writing any part of the findings and corrective actions to the Superintendent.
If a supervisory staff member is an alleged party in the harassment/discrimination complaint, provision shall be made for addressing the complaint to a higher level of authority.
Failure by employees to report, notify, and/or initiate an investigation of alleged harassment/discrimination as required by this policy, or to take corrective action shall be cause for disciplinary action.
RETALIATION PROHIBITED
No one shall retaliate against an employee or student because s/he submits a grievance, assists or participates in an investigation, proceeding, or hearing regarding the charge of harassment/discrimination of an individual or because s/he has opposed language or conduct that violates this policy.
Upon the resolution of allegations, the Superintendent shall take steps to protect employees and students against retaliation.
OTHER CLAIMS
When a complaint is received that does not appear to be covered by this policy, administrators shall review other policies that may govern the allegations, including but not limited to, 03.212, 03.2325 and/or 09.422.
REFERENCES:
1KRS 158.156
42 USC 2000e, Civil Rights Act of 1964, Title VII, KRS Chapter 344
29 C.F.R. 1604.11, Equal Employment Opportunity Commission (EEOC) Regulations Implementing Title VII
20 U.S.C. 1681, Education Amendments of 1972, Title IX
34 C.F.R. 106.1-106.71, U. S. Department of Education Office for Civil Rights
Regulations Implementing Title IX
Genetic Information Nondiscrimination Act of 2008
Age Discrimination Act, 42 U.S.C. 6101-6107; 34 C.F.R. 110.25
RELATED POLICIES:
03.212, 03.2325, 03.26, 09.2211, 09.422, 09.42811
Adopted/Amended: 6/25/2015
Order #: 6914
I have read and understand Morgan County Schools Board policy 03.262 *
Harassment Discrimination Classified Personnel
PERSONNEL 03.26
CLASSIFIED PERSONNEL
Grievances
PROCEDURES
The Superintendent shall develop specific grievance procedures to include, but not be limited to, the opportunity for grievances to be addressed and resolved at each level of the chain of command from the point of origin, time limitations for the filing and the appeal of a grievance, and procedures for the orderly review and appeal of each individual grievance.
Grievances are individual in nature and must be brought by the individual grievant.
The Board shall take action only on those grievances that fall within the authority of the Board.
GENERAL GRIEVANCES
The Board will hear grievances only after unsuccessful resolution by the employee's supervisors.
PERSONNEL ISSUES
The Board will not hear any grievance concerning personnel actions taken by the Superintendent/designee, unless the grievance is based on an alleged violation of constitutional, statutory, regulatory, or policy provisions.
Before accepting a grievance appeal, the Board shall seek the advice of the Board Attorney as to whether the appeal falls within the requirements of this policy. Any personnel grievance not falling within the requirements shall be appealed only to the level of the Superintendent.
The Board shall not hear grievances concerning simple disagreement or dissatisfaction with a personnel action.
EXCEPTION
Harassment/Discrimination allegations shall be governed by policy 03.262.
REFERENCE:
OAG 78 204
RELATED POLICY:
03.262
Adopted/Amended: 7/8/2002
Order #: 3109
I have read and understand Morgan County Schools Board Policy 03.26 *
Harassment and Discrimination Certified Personnel
PERSONNEL 03.162
CERTIFIED PERSONNEL
Harassment/Discrimination
DEFINITION
Harassment/Discrimination of employees is unlawful behavior based on the race, color, national origin, age, religion, sex, genetic information or disability of an employee involving intimidation by threats of or actual physical violence; the creation, by whatever means, of a climate of hostility or intimidation, or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred or prejudice.
PROHIBITION
Harassment/Discrimination is prohibited at all times on school property and off school grounds during school-sponsored activities. This prohibition also applies to visitors to the school who may come into contact with employees and students. (Acts of harassment/discrimination based on sex may be committed by persons of the same or the opposite sex.)
District staff shall provide for a prompt and equitable resolution of complaints concerning harassment/discrimination.
DISCIPLINARY ACTION
Employees who engage in harassment/discrimination of another employee or a student on the basis of any of the areas mentioned above shall be subject to disciplinary action including, but not limited to, termination of employment.
GUIDELINES
Employees who believe they or any other employee, student, or visitor is being or has been subjected to harassment/discrimination shall, as soon as reasonably practicable, report it. In each school building, the Principal is the person responsible for receiving reports of harassment/discrimination at the building level. Otherwise, reports of harassment/discrimination may be made directly to the Superintendent. If an employee is not assigned to a particular school, a report of harassment/discrimination may be made to the employee’s immediate supervisor or to the Superintendent. Additionally, if sexual discrimination or harassment is being alleged, reports may be made directly to the District Title IX Coordinator. Complaints of harassment/discrimination, whether verbal or written, shall lead to a documented investigation and a written report.
In applicable cases, employees must report harassment/discrimination to appropriate law enforcement authorities in accordance with law.1
The Superintendent shall provide for the following:
1. Investigation of allegations of harassment/discrimination to commence as soon as circumstances allow, but not later than three (3) working days of receipt of the original complaint. A written report of all findings of the investigation shall be completed within thirty (30) calendar days, unless additional time is necessary due to the matter being investigated by a law enforcement or governmental agency.
The Superintendent/designee may take interim measures to protect complainants during the investigation.

PERSONNEL 03.162
(CONTINUED)
Harassment/Discrimination
GUIDELINES (CONTINUED)
2. A process to identify and implement, within five (5) working days of the submission of the written investigative report, methods to correct and prevent reoccurrence of the harassment/discrimination. If corrective action is not required, an explanation shall be included in the report.
3. A process to be developed and implemented to communicate requirements of this policy to all staff, which may include, but not be limited to, the following:
• written notice provided in publications such as handbooks, staff memoranda, and/or pamphlets;
• postings in the same location as are documents that must be posted according to state/federal law; and/or
• such other measures as determined by the Superintendent/designee.
Method(s) used shall provide a summary of this policy, along with information concerning how individuals can access the District’s complete policy.
4. Annual training explaining prohibited behaviors and the necessity for prompt reporting of alleged harassment/discrimination; and
5. Development of alternate methods of filing complaints for individuals with disabilities and others who may need accommodation.
PROHIBITED CONDUCT
Depending on the circumstances and facts of the situation, and within the definition of harassment/discrimination contained in this policy, examples of conduct and/or actions that could be considered a violation of this policy include, but are not limited to:
1. Any nicknames, slurs, stories, jokes, written materials or pictures that are lewd, vulgar, or profane and relate to any of the protected categories listed in the definition of harassment/discrimination contained in this policy;
2. Unwanted touching, sexual advances, requests for sexual favors, and spreading sexual rumors;
3. Instances involving sexual violence;
4. Causing an employee to believe that he or she must submit to unwelcome sexual conduct in order to maintain employment or that a personnel decision will be based on whether or not the employee submits to unwelcome sexual conduct;
5. Implied or overt threats of physical violence or acts of aggression or assault based on any of the protected categories;
6. Seeking to involve individuals with disabilities in antisocial, dangerous or criminal activity where they, because of disability, are unable to comprehend fully or consent to the activity; and
7. Destroying or damaging an individual's property based on any of the protected categories.

PERSONNEL 03.162
(CONTINUED)
Harassment/Discrimination
CONFIDENTIALITY
District employees involved in the investigation of complaints shall respect, as much as possible, the privacy and anonymity of all parties involved.
APPEAL
Upon the completion of the investigation and correction of the conditions leading to the harassment/discrimination, any party may appeal in writing any part of the findings and corrective actions to the Superintendent.
If a supervisory staff member is an alleged party in the harassment/discrimination complaint, provision shall be made for addressing the complaint to a higher level of authority.
Failure by employees to report, notify, and/or initiate an investigation of alleged harassment/discrimination as required by this policy or to take corrective action shall be cause for disciplinary action.
RETALIATION PROHIBITED
No one shall retaliate against an employee or student because s/he submits a grievance, assists or participates in an investigation, proceeding, or hearing regarding the charge of harassment/discrimination of an individual or because s/he has opposed language or conduct that violates this policy.
Upon the resolution of allegations, the Superintendent shall take steps to protect employees and students against retaliation.
OTHER CLAIMS
When a complaint is received that does not appear to be covered by this policy, administrators shall review other policies that may govern the allegations, including but not limited to, 03.113, 03.1325 and/or 09.422.
REFERENCES:
1KRS 158.156
42 USC 2000e, Civil Rights Act of 1964, Title VII, KRS Chapter 344
29 C.F.R. 1604.11, Equal Employment Opportunity Commission (EEOC) Regulations Implementing Title VII
20 U.S.C. 1681, Education Amendments of 1972, Title IX
34 C.F.R. 106.1-106.71, U.S. Department of Education Office for Civil Rights
Regulations Implementing Title IX
Genetic Information Nondiscrimination Act of 2008
Age Discrimination Act, 42 U.S.C. 6101-6107; 34 C.F.R. 110.25
RELATED POLICIES:
03.113, 03.1325, 03.16, 09.2211, 09.422, 09.42811
Adopted/Amended: 6/25/2015
Order #: 6914
I have read and understand Morgan County Schools Board Policy 03.162 *
Harassment and Discrimination Certified Personnel
PERSONNEL 03.16
CERTIFIED PERSONNEL
Grievances
PROCEDURES
The Superintendent shall develop specific grievance procedures to include, but not be limited to, the opportunity for grievances to be addressed and resolved at each level of the chain of command from the point of origin, time limitations for the filing and the appeal of a grievance, and procedures for the orderly review and appeal of each individual grievance.
Grievances are individual in nature and must be brought by the individual grievant.
The Board shall take action only on those grievances that fall within the authority of the Board.
GENERAL GRIEVANCES
The Board will hear grievances only after unsuccessful resolution by the employee's supervisors.
PERSONNEL ISSUES
The Board will not hear any grievance concerning personnel actions taken by the Superintendent/designee, unless the grievance is based on an alleged violation of constitutional, statutory, regulatory, or policy provisions.
Before accepting a grievance appeal, the Board shall seek the advice of the Board Attorney as to whether the appeal falls within the requirements of this policy. Any personnel grievance not falling within those requirements shall be appealed only to the level of the Superintendent.
The Board shall not hear grievances concerning simple disagreement or dissatisfaction with a personnel action.
EXCEPTION
Harassment/Discrimination allegations shall be governed by Policy 03.162.
REFERENCE:
OAG 78 204
RELATED POLICY:
03.162
Adopted/Amended: 7/8/2002
Order #: 3109
I have read and understand Morgan County Schools Board Policy 3.16 *
By typing in my name below, I affirm that I have completed and understand the online training for Harassment and Discrimination. I also understand that If I have any future questions that I shall contact my immediate supervisor. *
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