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POLICY PREVENTION OF ILLEGAL HARASSMENT • Policy • Scope • Conduct • Student/Employee Responsibilities •Teacher/Administrator/Supervisor Responsibilities • Investigation • Prohibition Against Retaliation PROHIBITION OF SCHOOL/WORKPLACE VIOLENCE • Purpose • Scope • Policy • Violations • Reporting Procedures • Investigation • School District Action • Reprisal • Right to Alternative Complaint Procedures • Dissemination of Policy and Training HUMBOLDT COUNTY SCHOOL DISTRICTPOLICY PREVENTION OF ILLEGAL HARASSMENTPolicy Back to Top It is the Humboldt County School District's policy to prohibit illegal harassment, including sexual harassment and harassment because of race, color, religion, age, disability, national origin, sexual orientation and any other basis made unlawful by any applicable law or ordinance or regulation. Scope Back to Top This policy applies to all persons involved in the operations of the Humboldt County School District and prohibits such harassment by any student and or employee, including supervisors, any customer or client of Humboldt County School District, and any vendor or other service provider at the district's facilities. Conduct Back to Top Conduct that is determined to be illegal harassment, including sexual harassment, is inappropriate, offensive and will not be tolerated by Humboldt County School District. Examples of harassment include, but are not limited to:
Students and or employees may have a claim of illegal harassment even if they have not lost their position or suffered some other tangible action. Prohibited harassment that impairs a students and or employee's working ability or directly impacts their emotional well-being at school or work violates this policy and will not be tolerated. When determining if illegal harassment has occurred, the district will utilize the "reasonable person" standard. This standard considers if the behavior or conduct in question would be offensive to a "reasonable person". Student/Employee Responsibilities Back to Top Students/employees who believe they are being harassed because of their sex or other protected basis, as well as those who believe they have witnessed another student/employee being harassed, are strongly urged to bring the situation to the attention of their teacher, administrator and/or supervisor. If you believe you are being harassed, take action immediately by: 1. Identifying the offensive behavior to the harasser and requesting that it stop. Note: You are NOT required to talk directly to the harasser. You are encouraged to inform a teacher, administrator, supervisor and/or counselor if you feel you have witnessed, or have been a victim of illegal harassment. It is critical , however, that you contact the Humboldt County School District Human Rights Officer if you believe you are being harassed or have witnessed what you believe to be harassment of or by another student(s) or employee(s). 2. Reporting the conduct as soon as possible to a teacher, administrator or supervisor with whom you feel you can talk about the problem, or with the Humboldt County School District's Human Rights Officer or the Superintendent (the name and telephone number of this individual is provided on posters placed on bulletin boards at Humboldt County School District's work sites). Dave Jensen, Human Rights Officer Humboldt County School District 310 East Fourth Street Winnemucca, Nevada 89445 (775) 623-8128 3. When the complaint is against the Human Rights Officer, it may be reported to Humboldt County School District's Superintendent. Humboldt County School District's Superintendent will handle the complaint resolution process. Teacher/Administrator/Supervisor Responsibilities Back to Top Teachers, administrators, and/or supervisors shall immediately report all complaints or allegations of harassment or observations of such conduct to the Human Rights Officer regardless of how the teacher, administrator and/or supervisor learned of the suspected incident. A teacher's, administrator's and/or supervisor's failure to immediately report such activities, complaints, or allegations will result in discipline up to and including suspension and/or termination. Teachers, administrators, and/or supervisors shall take timely and reasonable affirmative action to protect students and/or employees from instances of harassment. Investigation Back to Top All complaints or allegations of illegal harassment will be promptly investigated. All investigations will be confidential. Information obtained will be released only on a need to know basis or as required by law. The individual filing the complaint as well as the individual against whom the complaint was made will be made aware of the final determination. All students and/or employees questioned as part of an investigation will be expected not to discuss the matter with others, with the exception of providing information to regulatory agencies. The Humboldt County School District treats all complaints or allegations of harassment seriously and all students and/or employees are expected to be candid and truthful during the investigation process. If evidence arises that a participant in the investigation has made intentionally false statements, the student and/or employee will be disciplined up to and including suspension and/or termination. If it is determined that illegal harassment has occurred, the Humboldt County School District will take remedial action commensurate with the severity of the offense. This remedial action may include, but is not limited to, verbal and/or written reprimands, counseling, transfers, suspension without pay, and/or termination. Action will also be taken to deter any future harassment. Prohibition Against Retaliation Back to Top Humboldt County School District will not tolerate any retaliation by teachers, administrators management or any other student and/or employee against any student and/or employee who exercises his/her rights under this policy. Any student or employee who believes she/he is being retaliated or discriminated against in any manner whatsoever as a result of having filed a complaint should immediately notify the Human Rights Officer. HUMBOLDT COUNTY SCHOOL DISTRICTPROHIBITION OF SCHOOL/WORKPLACE VIOLENCEPurpose Back to Top To provide for the safety and security of all Humboldt County School District students, employees, customers, visitors, and property. Scope Back to Top This policy applies to all Humboldt County School District students/employees, including regular, temporary, casual, provisional, and elected officials, as well as contract and temporary workers, and anyone else on Humboldt County School District property. Policy Back to Top Humboldt County School District has a No Tolerance Policy for school/workplace violence. Acts or threats of physical violence including intimidation, harassment, and/or coercion, which involve or affect the Humboldt County School District or which occur on Humboldt County School District property or during the course of the Humboldt County School District business will not be tolerated. Examples of school/workplace violence include, but are not limited to, the following:
Actions of law enforcement personnel which are necessary in the performance of their duties and are consistent with Humboldt County School District's policies or sound law enforcement procedures shall not be considered to violate this policy. In addition, actions necessary for bona fide self-defense or protection of district property shall not be considered to violate this policy. Specific examples of conduct which may be considered threats or acts of violence include, but are not limited to, the following:
Humboldt County School District desires to detect and deter real or threatened violence. Every student/employee is required to report immediately any acts of violence or threat of violence against any student/co-worker, teacher, supervisor, administrator, elected official, visitor, or other individual. Every other person on Humboldt County School District property is encouraged to report incidents of threats or acts of violence of which s/he is aware. These reports should be made to the Personnel Department, student's teacher or administrator, an employee's supervisor. Teachers and/or supervisory personnel who witness or become aware of any acts or threats of violence must notify their superior immediately. Students/employees reporting real or perceived threats in good faith will not be subject to harassment or retaliation. Nothing in this policy alters any other reporting obligation established in Humboldt County School District's policies or in State, Federal or other applicable law and or regulation. Violations Back to Top Violations of this policy by any individual on Humboldt County School District property, by any individual acting as a representative of Humboldt County School District while off Humboldt County School District property, or by any individual action off Humboldt County School District property when his/her actions affect the Humboldt County School District's interests may lead to disciplinary action, up to and including suspension, termination and/or legal action as appropriate. The Humboldt County School District may also take appropriate disciplinary action against any student and or employee who intentionally makes a false or malicious statement about other students and or employees. Reporting Procedures Back to Top Any person who believes he or she has been the victim of illegal harassment or violence by a student, teacher, administrator or other school personnel of the School District, or customer, client, parent or other individual should report the alleged acts immediately to the Humboldt County School District Human Rights Officer. The School District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School District office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting harassment or violence directly to a District Human Rights Officer or the Superintendent. A. In Each School Building. The building principal is the person responsible for receiving oral or written reports of religious, racial or illegal harassment or violence at the building level. Any adult School District personnel who receives a report of religious, racial or illegal harassment or violence shall inform the building principal immediately. Upon receipt of a report, the principal must notify the School District Human Rights Officer immediately, without screening or investigating the report. The principal may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Human Rights Officer. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the Human Rights Officer. Failure to forward any harassment or violence report or complaint as provided herein will result in disciplinary action up to and including termination. If the complaint involves the building principal, the complaint shall be filed directly with the Superintendent or the School District Human Rights Officer by the reporting party or complainant. B. Submission of a good faith complaint or report of religious, racial or illegal harassment or violence will not affect the complainant or reporter's future employment, grades or work assignments. C. Use of formal reporting forms is not mandatory. D. The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the School District's legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. Investigation Back to Top By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging religious, racial or illegal harassment or violence, shall immediately undertake or authorize an investigation. The investigation may be conducted by School District officials or by a third party designated by the School District. The investigation may 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 circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. In determining whether alleged conduct constitutes a violation of this policy, the School District will consider the surrounding circumstances, the nature of the behavior, past incidents or post or continuing patterns of behavior, the relationships between the parties involved, and context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of an investigation of alleged religious, racial or illegal harassment or violence. The investigation will be completed as soon as practicable. The School District Human Rights Officer shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School 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. School District Action Back to Top A. Upon receipt of a report, the School District will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation or termination. School District action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, state and federal law and regulations and School District policies. A. The result of the School District investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District in accordance with state and federal law and regulations regarding data or records privacy. Reprisal Back to Top The School District will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports alleged religious, racial or sexual harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Right to Alternative Complaint Procedures Back to Top These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the Nevada Equal Rights Commission, Equal Employment Opportunity Commission, initiating civil action or seeking redress under state and/or federal law or regulations. Dissemination of Policy and Training Back to Top A. This policy shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members. B. This policy shall appear in the student handbook and provided to employees. C. The School District will develop a method of discussing this policy with students and employees. D. This policy shall be reviewed at least annually for compliance with state and federal law and regulations. Adopted: 8/10/99
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