Revised%20po1662%2C%20Anti-Harassment%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 po1662

Status

Legal West Virginia State Board of Education policy 4373

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

20 U.S.C. 1681 et seq.

29 U.S.C. 621 et seq.

29 U.S.C. 794

29 C.F.R. Part 1635

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 April 21, 2015

Last Revised October 17, 2023

1662 - 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 discriminatory harassment based on race, color, national origin,
sex (including gender status, change of sex, or gender identity), disability, age, blindness, creed or religion, ancestry or
genetic information, socioeconomic status, physical appearance, sexual orientation, mental/physical/developmental/sensory
disability (collectively, "Protected Classes"), or any other characteristic that are protected by Federal civil rights laws
(hereinafter referred to as "unlawful harassment"), and encourages those within the County School community as well as


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 shall be subject to appropriate disciplinary action. (See West Virginia State Board of Education policy 4373)

The Board shall act promptly and confidentially to investigate all harassment and violence complaints, formal or informal,
verbal or written, and will 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 plan 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.

County School community means students and Board employees (i.e., administrators, and professional and classified
staff), as well as Board members, 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 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 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. teasing;

B. threats;

C. intimidation;

D. stalking;

E. cyberstalking;

F. cyberbullying;

G. physical violence;

H. theft;

I, sexual, religious, or racial harassment;
J. public humiliation; or
K. 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. places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property;

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

C. has the effect of substantially disrupting the orderly operation of a school.
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 in Education Programs or Activities is
not included in this policy. Allegations of such conduct shall be addressed solely by Policy 2266.

Sexual harassment may include, but is not limited to:

a. verbal or written harassment of a sexual nature or abuse;

b. pressure for sexual activity;

c. inappropriate or unwelcome sexually motivated patting, pinching, obscene gestures, or physical conduct;
d. asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities;

e. speculations about a person's sexual activities or sexual history, or remarks about one's own sexual activities or
sexual history;

f. giving unwelcome personal gifts such as lingerie that suggests the desire for a romantic relationship;
g. leering or staring at someone in a sexual way, such as staring at a person's breasts, buttocks, or groin;

h. sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats and/or
promises concerning an individual's employment or educational status;

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

j. the use of authority to emphasize the sexuality of a student in a manner that prevents or impairs that student's full
enjoyment of educational benefits, climate or opportunities;

k. unwelcome sexual flirtations, advances, or propositions from a member of the same or opposite sex;


|. verbal abuse of a sexual nature, without regard to whether the verbal abuse specifically refers to sexual
characteristics at whom the verbal abuse is directed;

m. verbal or written comments about an individual’s body;

n. sexually 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;

o. the display, use or dissemination of sexually suggestive gestures, objects, pictures, graffiti, videos, posters, and/or
jokes by any means, including, but not limited to, printed materials and materials displayed by electronic means,
sex-based labeling or stereotyping with respect to mental, physical, or other abilities, talents, occupational or life
goals, etc. that may reasonably embarrass or offend individuals;

p. nonsexual conduct, including words or actions, directed toward a person because of their gender that tends to
ridicule, criticize, discriminate, or otherwise makes it more difficult for that person 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
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.

q. consensual employee 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;

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

s. 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.

NOTE: Sexual conduct/relationships with students by County employees or any other adult member of the County School
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.

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

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 will be treated as racial harassment under this policy.

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

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

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

4. 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;

5. 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;

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


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

8. 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 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.
B. 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:

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

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

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

4. 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;

5. 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;

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

7. 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.
C. Sexual Violence - Sexual violence is a physical act of aggression or force or the threat thereof that 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:

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

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

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

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

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

E. 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.

F. 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 Officers

The following individual(s) shall serve as the County's Anti-Harassment Compliance Officer(s) (hereinafter, “the Compliance
Officer(s)”):

Jimmy Frashier
Assistant Superintendent
1 School Street

Ripley, WV 25271

(304) 372-7300
jgfrashi@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(s) 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 Officers shall accept reports of unlawful harassment directly from any member of the County School 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(s) 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(s) shall designate a specific individual to conduct such a process. The Compliance
Officer(s) shall provide a copy of this policy to the Complainant and Respondent. In the case of a formal complaint, the
Compliance Officer(s) 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(s) 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(s) 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.

Reports and Complaints of Harassing Conduct

Members of the County School community, along with Third Parties are encouraged to promptly report incidents of
harassing conduct to an administrator, supervisor or other County School official so that the Board may address the conduct
before it becomes severe, pervasive, or persistent. Any administrator, supervisor, or other County official who receives such
a report shall file it with the Compliance Officer within two (2) days of receiving the report of harassment.

Members of the County School community or third parties who believe they have been unlawfully harassed by another
member of the County School community or a third party are entitled to utilize the Board's complaint process that is set
forth below. Initiating a complaint, whether formally or informally, shall not adversely affect the Complainant's employment
unless the complaining individual makes the complaint maliciously or with knowledge that it is false.


If, during an investigation of alleged bullying, aggressive behavior and/or harassment in accordance with Policy 5517.01 -
Bullying, the Principal believes that the reported misconduct may have created a hostile work environment and may have
constituted unlawful discriminatory harassment based on a Protected Class, the Principal shall report the act of bullying,
aggressive behavior and/or harassment to the Compliance Officer who shall investigate the allegation in accordance with
this policy. If the alleged harassment involves Sexual Harassment as defined by Policy 2266, the matter shall be handled in
accordance with the grievance process and procedures outlined in Policy 2266. While the Compliance Officer investigates
the allegation, the Principal shall suspend his/her Policy 5517.01 investigation to await the Compliance Officer's written
report. Likewise, the Title IX Coordinator shall provide the Principal with the determination of responsibility that results from
the Policy 2266 grievance process.

Reporting procedures are as follows:

A. Any employee who believes s/he has been the victim of harassment prohibited under this policy is encouraged to
report the alleged harassment to the appropriate school official as identified in D below.

B. Teachers, administrators, and other school officials who have or receive notice that an employee has or may have
been the victim of harassment prohibited under this policy shall immediately report the alleged harassment to the
appropriate school official as defined in D below.

C. Any other person with knowledge or belief that an employee has or may have been the victim of harassment
prohibited by this policy shall be encouraged to immediately report the alleged acts to an appropriate school official
as identified in D below.

D. Appropriate school officials are as follows:

1. Any complaint under this policy shall be reported to the County’s CO unless the complaint is regarding the
CO. In such cases, the complaints shall be reported to the Superintendent, who shall assume the role of the
County CO for such complaints.

2. Any complaint under this policy regarding the Superintendent or Board Member that is received by the
County CO shall be referred to the School Board’s legal counsel, who shall assume the role of the County CO
for such complaints.

3. Any complaint under this policy regarding the principal, who serves as the Building CO, shall be reported to
the County’s CO, and the County CO shall conduct the investigation.

E. The reporting party or complainant shall be encouraged to use a report form available from the principal of each
building or available from the County office, but oral reports shall be considered complaints as well. Use of formal
reporting forms shall not be mandated. However, all oral complaints shall be reduced to writing. Further, nothing in
this policy shall prevent any person from reporting harassment directly to the Superintendent.

F. To provide individuals with options for reporting harassment to an individual of the gender with which they feel most
comfortable, the County shall designate both a male and a female County CO.

G. The investigation shall be conducted by the CO or by the Superintendent within ten (10) school days of receiving the
complaint, the investigating party shall provide a written status report to the Superintendent.

H. The investigation may be conducted by school officials or by a third party designated by the school officials if
necessary.

Investigation, Complaint Procedure and Recommendation

Except for Sexual Harassment that is covered by Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs
or Activities, any individual who believes they have has been subjected to harassment and/or violence (hereinafter referred
to as the "Complainant"), may file a complaint, either orally or in writing, with a principal, the CO, Superintendent, or other
County-level employee. Due to the sensitivity surrounding complaints of unlawful discrimination and retaliation, timelines
are flexible for initiating the complaint process; however, individuals shall make every effort to file a complaint within thirty
(30) calendar days after the conduct occurs. If a Complainant informs a principal, Superintendent, or other County-level
employee, either orally or in writing, about any complaint of discrimination/retaliation, that employee must report such
information to the CO no later than (2) business days.

Throughout the course of the process, the CO shall keep the parties informed of the status of the investigation and the
decision-making process.


All complaints must include the following information to the extent it is available: the identity of the individual believed to
have engaged in, or be engaging in, the discriminatory/retaliatory conduct; a detailed description of the facts upon which
the complaint is based; a list of potential witnesses; and the resolution sought by the Complainant.

If the Complainant is unwilling or unable to provide a written statement including the information set forth above, the CO
shall ask for such details in an oral interview. Thereafter, the CO will prepare a written summary of the oral interview, and
the Complainant shall be asked to verify the accuracy of the reported charge by signing the document.

Upon receiving a complaint, the CO shall consider whether any action should be taken in the investigatory phase to protect
the Complainant from further discrimination or retaliation, including, but not limited to, a change of work assignment or
schedule for the Complainant and/or the person who allegedly engaged in the misconduct.

Pursuant to West Virginia State Board of Education policy 4373, upon receiving a complaint, the CO, in consultation with the
Superintendent, shall take reasonable steps to protect the Complainant, students, teachers, administrators, or other
personnel in any manner throughout the pending investigation.

In making such a determination, the CO shall consult the Complainant to assess his/her agreement to the proposed action.
If the Complainant is unwilling to consent to the proposed change, the CO may still take whatever actions s/he deems
appropriate in consultation with the Superintendent.

Within two (2) business days of receiving the complaint, the CO shall initiate a formal investigation to determine whether
the Complainant has been subjected to unlawful discrimination/retaliation.

Simultaneously, the CO will inform the Respondent that a formal complaint has been received. The Respondent shall be
informed about the nature of the allegations and provided with a copy of any relevant policies and/or administrative
guidelines, including Policy 1422 - Nondiscrimination and Equal Employment Opportunity. The Respondent must also be
informed of the opportunity to submit a written response to the complaint within five (5) business days.

Although certain cases may require additional time, the CO/designee shall complete an investigation into the allegations of
discrimination/retaliation as soon as practical, but no later than ten (10) business days of receiving the formal complaint.
The investigation, at a minimum, must include:

A. interviews with the Complainant;
B. interviews with the Respondent;

C. interviews with any other witnesses who may reasonably be expected to have any information relevant to the
allegations;

D. consideration of any documentation or other information presented by the Complainant, Respondent, or any other
witness that is reasonably believed to be relevant to the allegations.

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.

At the conclusion of the investigation, the CO shall prepare and deliver a written report to the Superintendent that
summarizes the evidence gathered during the investigation and provides recommendations based on the evidence and the
definition of unlawful discrimination/retaliation as provided in Board policy and State and Federal law as to whether the
Complainant has been subjected to unlawful discrimination/retaliation. The CO's recommendations must be based upon the
totality of the circumstances. In determining if discrimination or retaliation occurred, a preponderance of evidence standard
shall be used.

Absent extenuating circumstances, within five (5) business days of receiving the report of the CO or the designee, the
Superintendent must either issue a final decision regarding whether the charges have been substantiated or request further
investigation. A copy of the Superintendent's final decision shall be delivered to both the Complainant and the Respondent.

If the Superintendent requests additional investigation, the Superintendent must specify the additional information that is to
be gathered, and such additional investigation must be completed within five (5) business days. At the conclusion of the
additional investigation, the Superintendent must issue a final written decision as described above.

If the Superintendent determines the Complainant was subjected to unlawful discrimination/retaliation, s/he must identify
what corrective action shall be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The
corrective action shall be reasonable, timely, age-appropriate and effective, and tailored to the specific situation.


A Complainant or Respondent who is dissatisfied with the final decision of the Superintendent may appeal through a signed
written statement to the Board within five (5) business days of the party's receipt of the Superintendent's decision. The
written statement of appeal must be submitted to the Treasurer/CFO.

In an attempt to resolve the complaint, the Board shall meet with the parties and their representatives within twenty (20)
business days of the receipt of such an appeal. A copy of the Board's disposition of the appeal shall be sent to each
concerned party within ten (10) business days of this meeting. The decision of the Board shall be final. (See Policy 9130 -
Public Complaints and West Virginia State Board of Education policy 7211 - Appeals Procedure for Citizens)

The Board reserves the right to investigate and resolve a complaint or report of unlawful discrimination/retaliation
regardless of whether the employee alleging the unlawful discrimination/retaliation pursues the complaint. The Board also
reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy
or in such other manner as deemed appropriate by the Board or its designee.

The Complainant may be represented, at his/her own cost, at any of the above-described meetings/hearings.

The right of a person to a prompt and equitable resolution of the complaint shall not be impaired by the person’s pursuit of
other remedies such as the filing of a complaint with the Office for Civil Rights or the filing of a court case. Use of this
internal complaint procedure is not a prerequisite to the pursuit of other remedies.

Privacy/ 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.

The County shall employ all reasonable efforts to protect the rights of the Complainant, the Respondent(s), and the
witnesses as much as possible, consistent with the Board’s legal obligations to investigate, to take appropriate action, and
to conform with any discovery or disclosure obligations. All records generated under the terms of this policy shall be
maintained as confidential to the extent permitted by law. Confidentiality, however, cannot be guaranteed. Additionally, the
Respondent must be provided the Complainant's identity.

During the course of a formal investigation, the CO or designee shall instruct each person who is interviewed about the
importance of maintaining confidentiality. Any individual who is interviewed as part of an investigation is expected not to
disclose any information that is learned or provided during the course of the investigation.

All public records created as a part of an investigation of a complaint of discrimination/retaliation shall be maintained by the
CO in accordance with the School Board's records retention policy.

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

Submission of a complaint or report of racial, sexual, or religious/ethnic harassment or violence shall not affect the future
employment, grades, or work assignments of the person who submits the complaint or report.

Retaliation against a person who makes a report or files a complaint alleging anti-harassment and violence, or participates
as a witness in an investigation is prohibited. Specifically, the Board shall not retaliate against, coerce, intimidate, threaten
or interfere with any individual because the person opposed any act or practice made unlawful by any Federal or State civil
rights law, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under those laws, 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. "Retaliation" includes, but is not
limited to, any form of retaliation or intimidation, reprisal, coercion, provocation, or harassment.

Retaliation against a person 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 the imposition of disciplinary sanction/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.

The Board shall discipline, as appropriate, any individual who retaliates against any person who reports allegations of racial,
sexual or religious/ethnic harassment or violence, or any person who cooperates, testifies, assists, or participates in any
racial, sexual or religious/ethnic harassment or violence investigation, proceeding, or hearing. The Board shall also
discipline, as appropriate, any person who falsely reports religious/ethnic, racial or sexual harassment.

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
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 State 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 County and its employees shall comply with the provisions of law for reporting such
abuse.

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.

A “If the Gamlance Officer or a designee Raz
reason m BelevE that the Complainant AES Been ihe victim of CEE conduct as defined in West Virginia's Code, such
knowledge shall be immediately reported to local law enforcment.

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

gard The SUASHNTeRUENE will, in aeCOaTCe 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 applicable law. Upon the
recommendation of the Superintendent, the Board may take necessary steps to suspend or dismiss any person in its
employment at any time the health, safety and welfare of students has been jeopardized or the learning environment of
other students has been impacted.

Dissemination of the Policy

A summary of this policy 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 summary of this policy 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 West
Virginia 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.

Education and Training

The County's CO shall develop a program designed to raise the awareness of the different types of harassment, how it
manifests itself, and 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.

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.

The documents, electronically stored information, 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., W. Va. Code
29B-1-4) - 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

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