Rev 2011

Table of Contents

VIII.Law

A.The Alaska Human Rights Law (AS18.80.220) and Federal Law Prohibits

B.SEXUAL HARASSMENT ADMINISTRATIVE PROCEDURES

C.Application to Students

D.Application to Personnel

E.Dissemination and Training

F.Procedure for Training of Counselors and other Certificated Staff in Sex Bias Instructional Materials

G.NOTIFICATION OF CIVIL RIGHTS COMPLIANCE

Sexual Harassment Complaint Form

Sexual Harassment Administrative Incident Report

  1. Law
  1. The Alaska Human Rights Law (AS18.80.220) and Federal Law Prohibits
  • SEXUAL HARASSMENT
  • UNWELCOME SEXUAL ADVANCES;
  • REQUESTS FOR SEXUAL FAVORS; OR
  • VERBAL/PHYSICAL/VISUAL CONDUCT OF A SEXUAL NATURE CONSTITUTES SEXUAL HARASSMENT WHEN:
  1. submission to the conduct is made an explicit or implicit term or condition of employment;
  2. submission to or rejection of the conduct is used as the basis for an employment decision, or;
  3. the conduct has the purpose or effect of unreasonable interfering with an individual's work performance or creating an intimidating or hostile work environment.

RETALIATION FOR COMPLAINING ABOUT SEXUAL HARASSMENT IS UNLAWFUL

** IF YOU BELIEVE YOU HAVE BEEN SEXUALLY HARASSED, CONTACT THE COMMISSION STAFF AND THE YUKON-KOYUKUKSCHOOL DISTRICT'S SUPERINTENDENT.

** COMPLAINTS TO THE ALASKA STATE COMMISSION FOR HUMAN RIGHTS AND TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MUST BE FILED WITHIN 180 DAYS OF THE DATE OF HARM.

** COMPLAINTS TO THE PRINCIPAL AT THE VILLAGE SITE WILL BE FORWARDED TO THE ASSISTANT SUPERINTENDENT WITHIN ONE WORK DAY OF THE RECEIPT OF THE ORAL OR WRITTEN REPORT OF SEXUAL HARASSMENT.

ALASKASTATE COMMISSION EQUAL EMPLOYMENT OPPORTUNITY

FOR HUMAN RIGHTS COMMISSION

800 A Street, Suite 204BayVistaBuilding

Anchorage, AK 99501 2815 2nd Avenue, Suite 500

Toll Free 800/478-4692 Seattle, WA98121

In Anchorage 274-4692 Toll Free 800/669-4000

TTY/TTD 800/478-3177

OFFICE OF SEXUAL HARASSMENT

YUKON-KOYUKUKSCHOOL DISTRICT

Kerry Boyd, Superintendent

4762 Old Airport Way

Fairbanks, AK99709-4456

Telephone (907) 374-9400

  1. SEXUAL HARASSMENT ADMINISTRATIVE PROCEDURES

Any person who believes she or he has been a victim of sexual harassment by a student or employee of the Yukon-KoyukukSchool District or any third person with knowledge or belief of such conduct should report the alleged acts immediately to an appropriate district official as designated by this policy.

Sexual harassment includes:

  1. unwelcome sexual advances;
  1. request for sexual favors; or
  1. verbal, physical, or visual conduct of a sexual nature when:
  1. submission to the conduct is made an explicit or implicit term or condition of employment, academic progress, or completion of a school-related activity; or
  1. submission to or rejection of the conduct is viewed as the basis for an employment decision, or, in the case of a student submission to or rejection of such conduct is used in evaluating the individual's performance within a course of study or other school-related activity; or
  1. the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or a student's educational performance or creating an intimidating or hostile environment.

Sexual harassment may take various forms and may be verbal, nonverbal, or physical. Examples of sexual harassment may include unwelcome sexual flirtations, advances or propositions, verbal abuse of a sexual nature, unwanted sexual jokes, whistling, leering, sexually suggestive gestures, sexually suggestive pictures or objects, unwanted touching, cornering or sexual intercourse and assault.

In addition, a supervisor's or co-worker's threat or insinuation, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's work environment or any conditions of employment (or, in the case of a student, a teacher's or employee's threat or insinuation that the student's refusal to submit to sexual advances will adversely effect the student's learning environment or educational opportunities) may also be sexual harassment.

Individuals who experience sexual harassment as set forth above should file a complaint pursuant to this policy or pursuant to state or federal law. A complaint filed pursuant to this policy should be filed with the school principal or designee, the school counselor, the employee's supervisor or the superintendent or designee. Information regarding a complaint filed pursuant to this policy or an investigation pursuant to this policy shall be kept confidential to the extent possible.

It shall be a violation of this policy to retaliate against an employee or student because they filed a harassment complaint or participated in an investigation or hearing regarding a harassment charge.

If, for any reason, an individual is not satisfied with the results of the investigation pursuant to this policy, the individual may file an appeal with the School Board or file a sexual harassment complaint pursuant to state or federal law.

Disciplinary action will be taken against those individuals who are found to have made false accusations under this policy. See Board Policy 4119-Sexual Harassment.

  1. Application to Students
  1. Students may report to the school principal or designee, the school counselor or the superintendent or designee.
  2. A written report of every complaint will be forwarded to the superintendent within one workday of receipt of the oral or written report of sexual harassment.
  3. The superintendent shall promptly appoint someone to investigate the incident.
  4. If the complaint involves the principal or principal-teacher or designee, the complaint should be filed with the superintendent.
  5. To the extent possible, confidentiality will be preserved consistent with applicable laws and the YKSD responsibility to investigate the complaint.
  6. Any student whose conduct is found to constitute sexual harassment shall be subject to disciplinary action deemed necessary and appropriate, including warnings, counseling, suspension or expulsion.
  1. Application to Personnel
  1. Employees may report to the school principal or designee, the school counselor, the assistant superintendent or the superintendent or designee.
  2. A written report of every complaint will be forwarded to the assistant superintendent within one workday of receipt of the oral or written report of sexual harassment.
  3. The superintendent shall promptly appoint someone to investigate the incident.
  4. If the complaint involves the principal or principal-teacher or designee, the complaint should be filed with the assistant superintendent.
  5. To the extent possible, confidentiality will be preserved consistent with applicable laws and the YKSD responsibility to investigate the complaint.
  6. Any employee whose conduct is found to constitute sexual harassment shall be subject to disciplinary action up to and including termination from employment.
  1. Dissemination and Training
  1. The superintendent will be responsible for the overall dissemination and implementation of this policy to all students and staff members plus related activities to include:
  1. Training of supervisory staff.
  2. Informing district office staff of this policy and related procedures.
  3. Support the development of curricular modifications that integrate activities and skill building to help students understand and overcome sexual harassment problems.
  4. Facilitate the investigation, documentation and notification to the superintendent of all complaints of sexual harassment incidents to include:

1)Qualitative and quantitative incident aggregate data.

2)Complaint and resolution process evaluations.

3)Training statistics and schedules.

4)Ongoing and summative evaluation of the sexual harassment policies and procedures and their implementations.

  1. School principals or principal-teachers will be responsible for implementing a plan to help students and staff recognize, understand and prevent sexual harassment that will include:
  1. A copy of the district's policies and procedures.
  2. A detailed, age-appropriate, explanation of the policies and procedures and their purpose.
  3. A safe, age-appropriate and supportive forum for discussion by students of the issue of sexual harassment.
  1. Procedure for Training of Counselors and other Certificated Staff in Sex Bias Instructional Materials

Procedure for training of counselors and other certificated staff in the recognition of sex bias in instructional materials, counseling materials and instructional techniques that may be used to overcome the effects of sex bias.

  1. Training of Counselors

Counselors shall be trained on a biennial bases in the following areas:

  1. Recognition of sex bias in counseling materials.
  2. Use of techniques to overcome sex bias in counseling materials.
  3. Recognition of sex bias in instructional materials including:

1)Textbooks

2)Supplementary Materials

3)Library Materials

  1. Training methods necessary to carry out training of other certificated personnel in recognition of sex bias in materials and instructional techniques that can be used to overcome the effects of sex bias.
  2. Recognition of sex bias in course listings and offerings.
  3. Recognition of sex bias in extra-curricular activities.
  1. Training of other Certificated Personnel

Training of certificated personnel in the district will be carried out on a biennial bases by the district counselor in charge of sex bias training. This training shall cover the following areas:

  1. Recognition of sex bias in instructional materials including, but not limited to:

1)Textbooks

2)Supplementary Materials

3)Library Materials

  1. Films
  2. Books
  3. Magazines
  4. Tape Recordings
  5. Reference Materials
  6. Instructional techniques which can be used to overcome the effects of sex bias.
  7. Recognition and correction of sex bias in course listings and offerings.
  8. Recognition and correction of sex bias in recreational and athletic activities.
  9. Each teacher will also be supplied with materials that can be used to supplement areas where sex bias may be found.
  10. Recognition of sex bias in counseling materials.

The district counselor prior to January of each school year shall conduct training on site.

  1. NOTIFICATION OF CIVIL RIGHTS COMPLIANCE

In compliance with the Executive Order 11246; Title II of the Education Amendments of 1976; Title VI of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972; Section 504 of the Rehabilitation Act of 1973; and all other Federal and State laws, regulations and policies, the Yukon-Koyukuk School District shall not discriminate on the basis of sex, age, race, color, national origin, religion or handicap in its educational programs or activities.

It is the intent of the Yukon-KoyukukSchool District to comply with both the letter and spirit of the law in making certain discrimination does not exist in its policies, regulations and operations. Grievance procedures for Title IX and Section 504 have been established for students, their parents and employees who feel discrimination has been shown by the Yukon-KoyukukSchool District.

Specific complaints of alleged discrimination under Title IX (sex) and Section 504 (handicap) should be referred to:

Name of Title IX Coordinator: Name of Section 504 Coordinator:

Kerry Boyd, SuperintendentKerry Boyd, Superintendent

Office Location:

4762 Old Airport Way

Fairbanks, Alaska

Phone: 374-9400

Title IX complaints may also be filed with the Office of Civil Rights:

Office for Civil Rights, Region X

U.S. Department of Education

2901 Third Avenue, M/S 106

Seattle, Washington98121

Phone: 206-442-1635

Students attending the Yukon-KoyukukSchool District may participate in education programs and activities including, but not limited to, health, physical education vocational education and technical education, regardless of race, color, national origin, religion, age, handicap, or sex.

Sexual Harassment Complaint Form

Name: Date:

Who was responsible for the harassment?

Describe the sexual harassment?

Date, time and place the harassment occurred:

Were there other students/employees involved with the harassment?

If yes, who was responsible and describe their involvement:

List any witnesses to the harassment?

What was your reaction to the harassment?

Describe any subsequent incidents?

Signature of Complaint:

This report must be completed and forwarded to the Assistant Superintendent within one workday of receipt of an oral or written complaint.

Sexual Harassment Administrative Incident Report

Name: Date:

Date/s of Investigation:

Findings of Investigation:

What action was taken:

Justification for action:

Date of Conference:

Results of Conference:

Signature of Administrator:

PROCEDURES MANUAL – SEXUAL HARASSMENT1