Revised%20po3362%2C%20Anti-Harrassment%20and%20Violence.pdf

Parent document: March 7, 2024 Regular Session-03-07-2024.pdf

Text

ACKSON

COUNTY SCHOOLS

Book Policy Manual

Section Ready for the Board

Title Copy of ANTI-HARASSMENT AND VIOLENCE
Code po3362

Status

Legal West Virginia Board of Education policy 4373

WV Code 18-2-7b, 49-6A-2

29 C.F.R. Part 1635

20 U.S.C. 1681 et seq.

29 U.S.C. 621 et seq.

29 U.S.C. 794

42 U.S.C. 12101 et seq.

42 U.S.C. 2000d et seq.

42 U.S.C. 2000e et seq.

42 U.S.C. 2000ff et seq., The Genetic Information and Nondiscrimination Act
42 U.S.C. 1983

National School Boards Association Inquiry and Analysis - May 2008

Adopted January 22, 2015

Last Revised October 17, 2023

3362 - ANTI-HARASSMENT AND VIOLENCE
General Statement

Racial, sexual, and religious/ethnic harassment is a form of discrimination that violates Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e, et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., and
WV Code 5-11-1, et seq., the West Virginia Human Rights Act.

It is the policy of the Board of Education to maintain an education and work environment that is free from all forms of
unlawful harassment and violence.

This policy applies to any student, staff member or member of the public during any school-related activity or during any
education-sponsored event whether in a building or other property used or operated by the Board of Education or in any
other facility being used by the Board.

The Board shall vigorously enforce its prohibition against harassment based on race, color, national origin, sex (including
transgender gender status, change of sex, or gender identity), disability, age, blindness, creed or religion, ancestry,
socioeconomic status, physical appearance, sexual orientation, mental/physical/developmental/sensory disability, or genetic
information (collectively, ‘Protected Classes') that are protected by Federal civil rights laws (hereinafter referred to as
‘unlawful harassment’), and encourages those within the County community, as well as third parties Third Parties, who feel


aggrieved to seek assistance to rectify such problems. The Board shall investigate all allegations of harassment and in those
cases where unlawful harassment is substantiated, the Board shall take immediate steps to end the harassment, prevent its
reoccurrence, and remedy its effects. Individuals who are found to have engaged in unlawful harassment will be subject to
appropriate disciplinary action. (See West Virginia State Board of Education policy 4373)

No student, staff member or member of the public, during any school-related activity or during any education-sponsored
event, whether in a building or other property used or operated by the Board or in another facility being used by the Board,
shall engage in sexual, racial or ethnic/religious harassment or violence. Persons found to have violated this prohibition shall
be subject to the penalties in the section of this policy, Discipline and Other Actions. The term 'staff members', as used in
these regulations, shall encompass all employees of the Board.

The Board shall act promptly and confidentially to investigate all harassment and violence complaints, formal or informal,
verbal or written, and shall take appropriate disciplinary action based upon the results of the investigation.

Other Violations of the Anti-Harassment Policy

The Board shall also take immediate steps to impose disciplinary action on individuals engaging in any of the following
prohibited acts:

A. Retaliating against a person who has made a report or filed a complaint alleging unlawful harassment, or who has
participated as a witness in a harassment investigation.

B. Filing a malicious or knowingly false report or complaint of unlawful harassment.

C. Disregarding, failing to investigate adequately, or delaying investigation of allegations of harassment, when
responsibility for reporting and/or investigating unlawful harassment charges comprises part of one's supervisory
duties.

Furthermore, the Board is committed to providing an educational setting that is safe, secure, and free from harassment and
bullying for all of its students and school employees. Policy 5517.01 Bullying addresses those instances of bullying and
harassment which do not rise to the level of legally protected harassment under Federal law, but are, nonetheless,
behaviors that may occur on school grounds, at school-sponsored events, on school buses, at school bus stops, and through
school computer networks and through other electronic communication or transmission that shall not be tolerated and must
be appropriately identified, reported, investigated, and, when substantiated, be the subject of appropriate disciplinary
action. An electronic act, communication, transmission, or threat includes but is not limited to one which is administered via
telephone, wireless phone, computer, pager, or any electronic or wireless device whatsoever, and includes but is not limited
to transmission of any image or voice, email or text message using any such device.

Definitions

Words used in this policy shall have those meanings defined herein; words not defined herein shall be construed according
to their plain and ordinary meanings.

Complainant is the individual who alleges, or is alleged, to have been subjected to unlawful harassment, regardless of
whether the person files a formal complaint or is pursuing an informal resolution to the alleged harassment.

Respondent is the individual who has been alleged to have engaged in unlawful harassment, regardless of whether the
Reporting Party files a formal complaint or is seeking an informal resolution to the alleged harassment.

School County community means students and Board employees (i.e., administrators, and professional and classified
staff), as well as agents, volunteers, contractors, or other persons subject to the control and supervision of the Board.

Third Parties include, but are not limited to, guests and/or visitors on School County property (e.g., visiting speakers,
participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with, the Board,
and other individuals who come in contact with members of the School County community at school-related
events/activities (whether on or off County property).

Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in this policy means business day(s) (i.¢., a
day(s) that the Board office is open for normal operating hours, Monday - Friday, excluding State-recognized holidays).

Bullying

Bullying rises to the level of unlawful harassment when one or more persons systematically and chronically inflict physical
hurt or psychological distress on one (1) or more students or employees and that bullying is based upon one (1) or more
Protected Classes, that is, characteristics that are protected by Federal civil rights laws. It is defined as any unwanted and
repeated written, verbal, or physical behavior, including any threatening, insulting, or dehumanizing gesture, by an adult or


student, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational or work environment;
cause discomfort or humiliation; or unreasonably interfere with the individual's school or work performance or participation;
and may involve:

A.

B.

G.

K,

teasing;
threats;

intimidation;

. stalking;

. cyberstalking;

cyberbullying;

. physical violence;
. theft;
. sexual, religious, or racial harassment;

. public humiliation; or

destruction of property.

‘Harassment’ means any threatening, insulting, or dehumanizing gesture, use of technology, or written, verbal or physical
conduct directed against a student or school employee that:

A.

B.

C.

places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property;

has the effect of substantially interfering with a student's educational performance, opportunities, or benefits, or an
employee's work performance; or

has the effect of substantially disrupting the orderly operation of a school.

Sexual harassment - Sexual harassment consists of sexual advances, requests for sexual favors, sexually motivated
physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

A.

C.

submission to the conduct or communication is made a term or condition either explicitly or implicitly of obtaining or
retaining employment, or of obtaining an education;

. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting

that individual’s employment or education; or

creating an intimidating, hostile or offensive or educational environment.

Sexual harassment may involve the behavior of a person of any gender against a person of the same or another gender.

Sexual Harassment covered by Policy 2266 - Nondiscrimination on the Basis of Sex Education Programs or Activities is not
included in this policy. Allegations of such conduct shall be addressed solely by Policy 2266.

Prohibited acts that constitute sexual harassment under this policy may take a variety of forms. Examples of the kinds of
conduct that may constitute sexual harassment include, but are not limited to:

A.

B.

Unwelcome sexual propositions, invitations, solicitations, and flirtations.

Unwanted physical and/or sexual contact.

. Threats or insinuations that a person's employment, wages, academic grade, promotion, classroom work or

assignments, academic status, participation in athletics or extra-curricular programs, activities, or events, or other
conditions of employment or education may be adversely affected by not submitting to sexual advances.

. Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body,

dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, profanity, jokes or


innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls.

E. Sexually suggestive objects, pictures, graffiti, videotapes, posters, audio recordings or literature, placed in the work
or educational environment, that may reasonably which may embarrass or offend individuals.

F. Unwelcome and inappropriate touching, patting, or pinching; obscene gestures.
G. Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities.

H. Speculations about a person's sexual activities or sexual history, or remarks about one's own sexual activities or
sexual history.

I. Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship.
J. Leering or staring at someone in a sexual way, such as staring at a person's breasts, buttocks, or groin.

K. A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the
effect of creating discomfort and/or humiliation to another.

L. Remarks speculating about a person's sexual activities or sexual history, or remarks about one's own sexual
activities or sexual history.

M. In the context of employees, consensual sexual relationships where such relationship leads to favoritism of a
subordinate employee with whom the superior is sexually involved and where such favoritism adversely affects other
employees or otherwise creates a hostile work environment.

N. Inappropriate boundary invasions by a County employee or other adult member of the School County community
into a student's personal space and personal life.

O. Verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex stereotyping that does not
involve conduct of a sexual nature.

Not all behavior with sexual connotations constitutes unlawful sexual harassment. Sex-based or gender-based conduct must
be sufficiently severe, pervasive, and persistent such that it adversely affects, limits, or denies an individual's employment
or education, or such that it creates a hostile or abusive employment or educational environment.

It is the responsibility of all students and employees to promote and to maintain an environment free of all types of sexual
harassment. Any sexual harassment, as defined, when perpetrated on any student, volunteer, third party or employee by
any student, volunteer, third party or employee shall be treated as sexual harassment under this policy.

NOTE: Sexual conduct/relationships with students by County employees or any other adult member of the County
community is prohibited, and any teacher, administrator, counselor, coach, or other school employee or volunteer who
engages in sexual conduct with a student may also be guilty of the criminal charge of "sexual abuse or sexual assault as set
forth in Article 8B, Chapter 61 of the West Virginia Code. The issue of consent may be irrelevant in regard to such criminal
charge. In addition, under certain circumstances, sexual harassment may constitute child and/or sexual abuse under
Chapter 49 of the West Virginia Code. In such situations, the Board shall comply with the provisions of law for reporting
such abuse.

Racial Harassment - Racial harassment consists of physical, verbal, or written conduct relating to an individual’s race
when the conduct:

A. has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;

B. has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic
performance;

C. otherwise adversely affects an individual's employment or academic opportunities;

D. racial harassment includes racially degrading word(s) or actions used to intimidate, describe an individual or to refer
to some aspect of the individual's behavior, appearance, attitude, or conduct;

E. the display, use, or dissemination of racially motivated gestures, objects, pictures, and/or jokes by any means,
including, but not limited to, printed materials displayed by electronic means;

F. race-based labeling or stereotyping with respect to mental, physical, or other abilities, talents, occupational or life
goals, etc.;


G. unwelcome behavior, verbal or written words or symbols, directed at an individual because of race;

H. conduct, including word(s) or actions, directed toward a person because of their race that tends to distract or
otherwise make it more difficult to perform their job and/or achieve an education.

It is the responsibility of all students and employees to promote and to maintain an environment free of all types of racial
harassment. Any racial harassment, as defined, when perpetrated on any student, volunteer, third party or employee by any

student, volunteer, third party or employee shall be treated as racial harassment under this policy.

Religious/Ethnic Harassment - Religious/ethnic harassment consists of physical, verbal or written conduct which is
related to an individual’s religion or ethnic background when the conduct:

A. has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;

B. has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic
performance;

C. otherwise adversely affects an individual's employment or academic opportunities;

D. religious/ethnic degrading word(s) or actions used to intimidate, describe an individual or refer to some aspect of the
individual’s behavior, appearance, attitude or conduct;

E. the display, use or dissemination of degrading religious/ethnic suggestive gestures, objects, pictures, and/or jokes
by any means including, but not limited to, printed materials and materials displayed by electronic means;

F. religious/ethnic-based labeling or stereotyping with respect to mental, physical or other abilities, talents,
occupational or life goals, etc.;

G. conduct, including word(s) or actions, directed toward a person because of their religion or ethnicity that tends to
distract or otherwise make it more difficult to perform their job and/or achieve an education.

It is the responsibility of all students and employees to promote and to maintain an environment free of all types of
religious/ethnic harassment. Any religious/ethnic harassment, as defined, when perpetrated on any student, volunteer, third
party or employee by any student, volunteer, third party or employee shall be treated as religious/ethnic harassment under
this policy.

National Origin/ Ancestry Harassment

Prohibited national origin/ancestry harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based
upon an individual's national origin or ancestry and when the conduct has the purpose or effect of interfering with the
individual's work or educational performance; or creating an intimidating, hostile, or offensive working and/or learning
environment; or of interfering with one's ability to participate in or benefit from a class or an educational program or
activity. Such harassment may occur where conduct is directed at the characteristics of a person's national origin or
ancestry, such as negative comments regarding customs, manner of speaking, language, surnames, or ethnic slurs.

Sexual Violence - Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching
of another’s intimate parts or forcing a person to touch any person’s intimate parts. Intimate parts include the primary
genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.

Sexual violence may include, but is not limited to:

A. touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or
the opposite sex;

B. coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts;

C. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;

D. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another;
E. threatening or forcing exposure of intimate apparel or body parts by removal of clothing.

Racial Violence - Racial violence is a physical act of aggression or assault upon another because of, or in a manner
reasonably related to, race.


Religious/ Ethnic Violence - Religious/ethnic violence is a physical act of aggression or assault upon another because of,
or in a manner reasonably related to, religion or ethnicity.

Assault - Assault is defined as an act done with intent to cause fear in another of immediate bodily harm or death; or the
threat to do bodily harm to another with present ability to carry out the threat.

Disability Harassment

Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon an
individual's disability and when the conduct has the purpose or effect of interfering with the individual's work or educational
performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with
one's ability to participate in or benefit from a class or an educational program or activity. Such harassment may occur
where conduct is directed at the characteristics of a person's disability, such as negative comments about speech patterns,
movement, physical impairments or defects/appearances, or the like. Such harassment may further occur where conduct is
directed at or pertains to a person's genetic information.

Anti-Harassment Compliance Officer

The Board designates the following individual to serve as 'Anti-Harassment Compliance Officer’ for the County. They are
hereinafter referred to as the 'CO’.

Jimmy Frashier
Assistant Superintendent
#1 School Street

Ripley, WV 25271

(304) 372-7300
jgfrashi@k12.wv.us

Dr. William Chapman
Director of Federal Programs
#1 School Street

Ripley, WV 25271

(304) 372-7300
wchapman@k12.wv.us

The names, titles, and contact information of these individuals shall be published annually on the County's website and in
the parent and staff handbooks.

The Compliance Officer is responsible for coordinating the County's efforts to comply with applicable Federal and State laws
and regulations, including the County's duty to address in a prompt and equitable manner any inquiries or complaints
regarding harassment.

The Compliance Officer shall be available during regular school/work hours to discuss concerns related to unlawful
harassment, to assist students, other members of the County community, and third parties who seek support or advice
when informing another individual about 'unwelcome' conduct, or to intercede informally on behalf of the individual in those
instances where concerns have not resulted in the filing of a formal complaint and where all parties are in agreement to
participate in an informal process.

Compliance Officer shall accept reports of unlawful harassment directly from any member of the School County community
or a Third Party or receive reports that are initially filed with an administrator, supervisor, or other County-level official.
Upon receipt of a report of alleged harassment, the Compliance Officer shall contact the Complainant and begin either an
informal or formal complaint process (depending on the request of the Complainant or the nature of the alleged
harassment), or the Compliance Officer shall designate a specific individual to conduct such a process. The Compliance
Officer shall provide a copy of this policy to the Complainant and Respondent. In the case of a formal complaint, the
Compliance Officer shall prepare recommendations for the Superintendent or shall oversee the preparation of such
recommendations by a designee. All Board employees must report incidents of harassment that are reported to them to the
Compliance Officer within two (2) days of learning of the incident.

Any Board employee who directly observes unlawful harassment is obligated, in accordance with this policy, to report such
observations to the Compliance Officer within two (2) days. Additionally, any Board employee who observes an act of
unlawful harassment is expected to intervene to stop the harassment, unless circumstances make such an intervention
dangerous, in which case the staff member shall immediately notify other Board employees and/or local law enforcement
officials, as necessary, to stop the harassment. Thereafter, the Compliance Officer or designee must contact the
Complainant, if age eighteen (18) or older, or Complainant's parents/guardians if the Complainant is under the age eighteen
(18), within two (2) days to advise of the Board's intent to investigate the alleged wrongdoing.


Investigation and Recommendation

The individual(s) designated by this policy to investigate, shall, upon receipt of a report or complaint alleging racial, sexual,
or religious/ethnic harassment or violence, immediately undertake to authorize an investigation. The investigation may be
conducted by school officials or by a third party designated by the school officials if necessary. The investigating party shall
provide a written report of the result of the investigation and a recommendation of discipline within ten (10) school days to
the Superintendent and to the Human Rights Officer. If the Superintendent is the subject of the complaint, the report shall
be submitted to the Human Rights Officer and to the President of the Board. The report shall include a determination of
whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

In determining whether alleged conduct constitutes racial, sexual or religious/ethnic harassment or violence, consideration
shall be given to the surrounding circumstances, the nature of the conduct involved, relationships between the parties
involved, and the context in which the alleged incidents occurred.

The investigation must, at a minimum, consist of personal interviews with the complainant, the individual(s) against whom
the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstance(s) giving rise to the
complaint. The investigation may also consist of any other methods, documents, and review of circumstances deemed
pertinent by the investigator(s).

Confidentiality

Confidentiality of the filing of complaints, the identity of subjects and witnesses of any complaint, and of any action taken as
a result of such complaints is essential to the effectiveness of this policy. Only those individuals necessary for the
investigation and resolution of the complaint shall be given information about it. Therefore, the right of confidentiality of
complainants, subjects, witnesses, and investigators will be vigorously protected and violations of such confidentiality may,
itself, be grounds for disciplinary action.

Sanctions and Monitoring

The Board shall vigorously enforce its prohibitions against unlawful harassment/retaliation by taking appropriate action
reasonably calculated to stop the harassment and prevent further such harassment. While observing the principles of due
process, a violation of this policy may result in disciplinary action up to and including the discharge of an employee or the
suspension/expulsion of a student. All disciplinary action shall be taken in accordance with applicable State law. When
imposing discipline, the Superintendent shall consider the totality of the circumstances involved in the matter, including the
ages and maturity levels of those involved. In those cases where unlawful harassment is not substantiated, the Board may
consider whether the alleged conduct nevertheless warrants discipline in accordance with other Board policies, consistent
with the terms of the relevant collective bargaining agreement(s).

Where the Board becomes aware that a prior remedial action has been taken against a member of the School County
community, all subsequent sanctions imposed by the Board and/or Superintendent shall be reasonably calculated to end
such conduct, prevent its recurrence, and remedy its effect.

Results of the Investigation

The result of the investigation of each complaint filed under these procedures shall be reported in writing to the complainant
and his/her legal guardian by the Superintendent, or, if the Superintendent is the subject of the complaint, by the President
of the Board.

Discipline and Other Actions

In determining the appropriate response and/or punishment, the appropriate school official shall consider the surrounding
circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships
between the parties involved and the context in which the alleged incident occurred.

A. Upon receipt of a finding that the complaint is substantiated, the appropriate school official shall take action
appropriate to the status of the offender (student, staff, or public guest). Such action for students may include all
options listed in West Virginia State Board of Education policy 4373 and Policy 5600 - Student Discipline. Actions for
staff may include but not be limited to warning, suspension, termination, revocation of licensure, notification of law
enforcement, and/or human services. Actions for public guests may include but not be limited to removal from
school property and school-sponsored functions, notification of law enforcement, and/or human services.

B. The appropriate school official shall also initiate such other action as is appropriate to ease tensions and affirm the
values of respect and understanding in accordance with this policy.


C. The Superintendent shall immediately file a report with the West Virginia Department of Education of all reports of
harassment or violence when an investigation shows that harassment or violence did occur and all actions taken in
response to the incident.

Nothing in this policy shall prohibit contacting law enforcement or other personnel, including the Human Rights
Commission, regarding the actions of any party subject to a complaint.

Retaliation

Retaliation against a person who makes a report or files a complaint alleging unlawful harassment/retaliation or participates
as a witness in an investigation is prohibited. Neither the Board nor any other person may intimidate, threaten, coerce or
interfere with any individual because the person opposed any act or practice made unlawful by any Federal or State civil
right law, or because that individual made a report, formal complaint testified, assisted or participated or refused to
participate in any manner in an investigation, proceeding, or hearing under those laws and/or the policy, or because that
individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or
protected by those laws and/or this policy.

Retaliation against a person for making a report of discrimination, filing a formal complaint, or participating in an
investigation or meeting is a serious violation of this policy that can result in imposition of disciplinary
sanctions/consequences and/or other appropriate remedies.

Formal complaints alleging retaliation may be filed according to the internal complaint process set forth above.

The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation
prohibited under this policy.

Student-Employee Relationships Prohibited

Amorous relationships between employees of the Board and students are prohibited, and staff members found to have
violated this prohibition shall be subject to the penalties and disciplinary action defined herein.

Non-Harassment

The Board recognizes that not every advance, conduct, or interaction of a racial, sexual or religious/ethnic or violent nature
constitutes harassment. Whether a particular act, conduct, interaction, or incident is a personal, consensual, welcome
interaction or social relationship without discriminatory motivation or effect on employment or education status shall be
determined based upon consideration of all facts and surrounding circumstances.

The Board recognizes that not all reports of allegations of sexual, racial, and/or religious/ethnic harassment shall result in
findings that such an incident has occurred. However, the Board encourages all persons who believe that they are a victim
of such harassment to come forward and affirms its policy that no adverse action shall be taken upon the filing of a
complaint under this policy, unless it is shown, through investigation, that the complaint is patently false.

Right to Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include the filing of
charges with the West Virginia Human Rights Commission, filing an employee grievance under WV Code 18-29-1, et seq.,
filing a citizen’s appeal under West Virginia Board of Education policy 7211, filing a Title IX grievance under the appropriate
procedures, filing charges with the Federal Equal Employment Opportunity Commission, or initiating civil or criminal action
under State and/or Federal law.

Sexual Harassment as Abuse

Under certain circumstances, sexual harassment may constitute child and/or sexual abuse under Chapter 49 of the West
Virginia Code. In such situations, the School County and its employees shall comply with the provisions of law for reporting
such abuse.

Dissemination of the Policy

This policy or a Summary shall be conspicuously posted throughout each school or facility of the Board in areas accessible to
students and staff members.

This policy shall appear in the Student and Staff Handbooks and, if no handbook is available, a copy shall be distributed to
all students, faculty, and staff.


The students and staff of the Board shall be trained on these regulations and on means for effectively promoting the goals
of this policy.

The Board policy shall be reviewed at least bi-annually to assure compliance with State and Federal law and with State
Board of Education policy.

Groups and persons utilizing school properties for curricular and extra-curricular activities shall be provided a copy of this
policy prior to the use of any Board facility. Failure to comply with this policy by a non-student group shall result in the
immediate forfeiture of the group’s use of the school properties.

Implementation and Education

The CO shall develop a program designed to raise the awareness of the different types of harassment, how it manifests
itself, its emotional, educational and legal consequences. Multi-cultural education programs must be established to foster an
attitude of understanding and acceptance of individuals from a variety of cultural, ethnic, racial and religious backgrounds.

The CO shall present written and verbal information to all faculty, staff and students at least once annually. Dissemination of
written and verbal information may be made by a designee(s) of the CO as appropriate, and such presentation must be
age-appropriate for students K-4, 5-8, and 9-12.

Allegations Constituting Criminal Conduct: Child Abuse/Sexual Misconduct

State law requires any school teacher or school employee who knows or suspects that a child with a disability under the age
of twenty-one (21) or that a child under the age of eighteen (18) has suffered or faces a threat of suffering a physical or
mental wound, disability or condition of a nature that reasonably indicates abuse or neglect of a child to immediately report
that knowledge or suspicion to the county children's services agency. If, during the course of a harassment investigation,
the Compliance Officer or a designee has reason to believe or suspect that the alleged conduct reasonably indicates abuse
or neglect of the Complainant, a report of such knowledge must be made in accordance with State law and Board Policy.

State law defines certain contact between a teacher and a student as ‘sexual battery.’ If the Compliance Officer or a
designee has reason to believe that the Complainant has been the victim of criminal conduct as defined in Ohie's
ErimainatWest Virginia's Code, such knowledge shall be immediately reported to local law enforcement.

Any reports made to a county children's services agency or to local law enforcement shall not terminate the Compliance
Officer or a designee's obligation and responsibility to continue to investigate a complaint of harassment. While the
Compliance Officer or a designee may work cooperatively with outside agencies to conduct concurrent investigations, in no
event shall the harassment investigation be inhibited by the involvement of outside agencies without good cause after
consultation with the Superintendent.

Allegations Involving Conduct Unbecoming the Teaching Profession/Suspension

Superintendent will, in accordance with West Virginia Code 18A-2-8 and Policy 3141, take appropriate action to suspend or
terminate the employment of any employee charged with or convicted of offenses for which such action is appropriate in
accordance with West Virginia law. Upon the recommendation of the Superintendent, pursuant to Policy 3141, the Board
may take necessary steps to suspend or dismiss any person in its employment at any time the health, safety, and care of
students has been jeopardized or the learning environment of other students has been impacted.

Education and Training

In support of this Anti-Harassment Policy, the Board promotes preventative educational measures to create greater
awareness of unlawful discriminatory practices. The Superintendent shall provide appropriate information to all members of
the Jackson County School community related to the implementation of this policy and shall provide training for County
students and staff where appropriate. All training, as well as all information provided regarding the Board's policy and
harassment in general, shall be age and content appropriate.

Retention of Investigatory Records and Materials

The Compliance Officer(s) is responsible for overseeing retention of all records that must be maintained pursuant to this
policy. All individuals charged with conducting investigations under this policy shall retain all documents, electronically
stored information (‘ESI'), and electronic media (as defined in Policy 8315) created and/or received as part of an
investigation, which may include but not be limited to:


A. all written reports/allegations/complaints/grievances/statements/responses pertaining to an alleged violation of this
policy;

B. any narratives that memorialize oral reports/allegations/complaints/grievances/statements/responses pertaining to
an alleged violation of this policy;

C. any documentation that memorializes the actions taken by County personnel or individuals contracted or appointed
by the Board to fulfill its responsibilities related to the investigation and/or the County's response to the alleged
violation of this policy;

D. written witness statements;
E. narratives, notes from, or audio, video, or digital recordings of witness interviews/statements;

F. e-mails, texts, or social media posts that directly relate to or constitute evidence pertaining to an alleged violation of
this policy (i.e., not after-the-fact commentary about or media coverage of the incident);

G. notes or summaries prepared contemporaneously by the investigator in whatever form made (e.g., handwritten,
keyed into a computer or tablet, etc.), but not including transitory notes whose content is otherwise memorialized in
other documents;

H. written disciplinary sanctions issued to students or employees and other documentation that memorializes oral
disciplinary sanctions issued to students or employees for violations of this policy;

I. dated written determinations/reports (including summaries of relevant exculpatory and inculpatory evidence) and
other documentation that memorializes oral notifications to the parties concerning the outcome of the investigation,
including any consequences imposed as a result of a violation of this policy;

J. documentation of any supportive measures offered and/or provided to the Complainant and/or the Respondent,
including no-contact orders issued to both parties, the dates the no-contact orders were issued, and the dates the
parties acknowledged receipt of the no-contact orders;

K. documentation of all actions taken, both individual and systemic, to stop the discrimination or harassment, prevent
its recurrence, eliminate any hostile environment, and remedy its discriminatory effects;

L. copies of the Board policy and/or procedures/guidelines used by the County to conduct the investigation, and any
documents used by the County at the time of the alleged violation to communicate the Board’s expectations to
students and staff with respect to the subject of this policy (e.g., Student Code of Conduct and/or Employee
Handbooks);

M. copies of any documentation that memorializes any formal or informal resolutions to the alleged discrimination or
harassment;

N. copies of any documentation or evidence used during informal and formal disciplinary meetings and hearings,
including the investigation report, and any written responses submitted by the Complainant or the Respondent.

The documents, ESI, and electronic media (as defined in Policy 8315) retained may include public records and records
exempt from disclosure under Federal (e.g., FERPA, ADA) and/or State law - e.g., student records and confidential medical
records.

The documents, ESI, and electronic media (as defined in Policy 8315) created or received as part of an investigation shall
be retained in accordance with Policy 8310, Policy 8315, Policy 8320, and Policy 8330 for not less than three (3) years, but
longer if required by the County's records retention schedule.

Revised 7/22/21
T.C. 6/9/22
Revised 7/6/23

© Neola 26232024