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AS94 – Student Discrimination and Harassment

  • Effective: 11/9/1993
  • Revision: 10/29/2024
  • Reviewed: 5/28/2013
  1. Board Directive
    Jordan School District is committed to providing an educational environment that is free from illegal harassment and other forms of discrimination based upon sex, race, color, ethnic background, national origin, religion, gender, creed, age, citizenship, or disability.  The Board, therefore, delegates to the District Administration responsibility for establishing policy regarding student discrimination and harassment.
  2. Administrative Policy
    No student or employee of the Jordan School District may engage in illegally harassing conduct that creates a hostile learning environment for students or staff of the district.  It is the policy of Jordan School District to provide fair, expeditious and uniform procedures for investigation and resolution of claims of illegal harassment or discrimination.

    1.  Definitions
      1. Clearly Offensive Conduct:  That conduct, be it verbal or nonverbal, which when perceived in its overall context, would be taken by a reasonable person, similarly situated, to be strongly objectionable.
      2. Complainant:  A person who files a written or oral complaint about illegal harassment.
      3. Compliance Officer:  Person or persons designated by the Superintendent to receive and process complaints of discrimination.
      4. Demeaning or Derisive Behavior:  Behavior which substantially lowers the status, dignity or standing of another individual, or which insults or otherwise belittles or shows contempt for another individual.
      5. Disability:  An individual's physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
      6. Discrimination:  Conduct, including words or gestures and other actions, which adversely affects a student's learning environment or results in disparate treatment based upon their immutable characteristics such as sex, race, color, ethnic background, national origin, religion, gender, creed, age, citizenship, or disability.
      7. Harassment:   Unwelcome conduct of an offensive nature that is demeaning or derisive or occurs substantially because of race, color, ethnic background, national origin, religion, gender, creed, age, citizenship or disability and which creates a hostile educational environment.  Harassment shall include one or more of the three levels described below.  If conduct is clearly offensive, only one incident may be necessary to establish harassment:
        1. Level One—Generalized Harassment:  Includes intentional behavior directed at an entire group that is based on demeaning or derisive stereotypes, and is so severe or pervasive that it creates a hostile learning environment.
          Examples include comments or jokes, physical gestures or visual displays such as posters, etc.
        2. Level Two—Individually Targeted Harassment:  Includes intentional, non-criminal behavior that is targeted at an individual or particular members of a group, which can be verbal, physical or visual that is so severe or pervasive that it adversely affects the learning environment.
          Examples include negative or offensive comments, jokes, suggestions or gestures directed to an individual's or group's race, color, ethnic background, national origin, religion, gender, creed, age, citizenship or disabilityr.
        3. Level Three—Criminal Harassment:  Harassing behavior which violates state or federal criminal statutes.
          Examples include criminal harassment, criminal assault, sexual assault, rape, criminal mischief, stalking, arson, or trespass.
      8. Respondent:  A person named in a discrimination complaint as having engaged in or being responsible for, a discriminatory act or omission.
      9. Retaliation:  Any form or sanction, restraint, coercion, discrimination or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination complaint in either a formal or informal manner with the district, or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination complaint.
      10. Sexual Harassment:  Matters pertaining to sexual harassment that do not meet the definition outlined in Jordan School District’s Title IX Sexual Harassment policy (AA452)  or otherwise do not occur in an educational program or activity or do not occur against a person within the United States, will be referred by the Title IX Coordinator to the appropriate school administrator for investigation and adjudication under this policy after the case is officially dismissed under the District’s Title IX Policy (AA452).
      11. Sexual Misconduct:  Unwelcome sexual actions or conduct either non-physical or physical, that is offensive to the sensibilities of any person, including sexual advances, lewd gestures, and words or other communication of a sexual nature, that has the effect of threatening or intimidating the person against whom such conduct is directed, but does not meet the definition of sexual harassment under the District’s Title IX Sexual Harassment policy (AA452).
      12. Hostile Environment:  Unwelcome conduct directed toward a particular person or persons, based in whole or in part upon protected status (race, color, ethnic background, national origin, religion, gender, creed, age, citizenship or disability), that is unwelcome, severe, pervasive or objectively offensive, that it interferes with the target person’s academic pursuits or participation in school/District-sponsored activities. A hostile environment is one that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive and objectively offensive. An isolated incident, unless sufficiently severe, does not constitute a hostile environment.
    2. Complaint Procedure
      1. Any student or employee who knows of a violation of this policy is expected to report such conduct to a teacher, administrator or the District Compliance Officer.
      2. The initial allegation of harassment may be submitted either orally or in writing.
    3. Complaint and Investigative Procedures
      1. The following procedure is available for students who believe they are victims of harassment or discrimination under this policy, or who witness such acts:
        1. Seek to resolve issues through school administrative personnel through an informal complaint process.
        2. Register a formal complaint with the school administrator.
        3. Student’s due process rights will be respected during the investigation process.
      2. If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement. The school administration will also conduct its own internal investigation independently of law enforcement officials to determine if District policy has been violated.
      3. All investigations will be treated with discretion to protect the privacy of those involved. All efforts will be made to treat the information confidentially; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed.
      4. A written mutual no-contact order should be imposed once a formal complaint is filed. Neither party should directly or indirectly (through third parties) make contact with the other party. Violations of this no-contact order will be investigated as a separate violation of an administrative directive.
      5. When conducting investigations, the school administrator shall disclose his/her role as a neutral investigator rather than an advocate for any party. The extent of the investigation will be determined, among other factors, by the nature and severity of the allegations.
      6. An investigation shall be completed as quickly as practicable, but within 30-45 calendar days of receipt of the complaint, unless extenuating circumstances require a longer period. In these cases, all parties shall be notified of the extension of time.
      7. Within 10 working days of the conclusion of the investigation, the school administrator shall provide all parties a written disposition of the complaint.
      8. If a student or parent/guardian feels the school administration has not properly addressed the complaint of discrimination/harassment, they may file a formal complaint with the District Compliance Officer, who may conduct an investigation into the matter. The District Compliance Officer may dismiss the complaint if the allegations, if proven true, would not violate this policy.
    4. Retaliation
      Retaliation under this policy is prohibited.  Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including expulsion from the District or termination from employment.
    5. Records
      Records of all discrimination or harassment investigations shall be maintained by the school administrator. These records are protected by FERPA. As consistent with state and federal reporting requirements, these complaints may be reported to government agencies or organizations.
    6. Outside Reporting Procedures
      Nothing in this policy shall prohibit a person from filing an education discrimination claim with the Office of Civil Rights:
      Office for Civil Rights
      Denver Office
      U.S. Department of Education
      Cesar E. Chavez Memorial Building
      1244 Speer Boulevard, Suite 310
      Denver, CO 80204-3582
      Telephone: (303) 844-5695
      Facsimile: (303) 844-4303
      Email: OCR.Denver@ed.gov
    7. Actions to Include When Appropriate
      1. Procedures for protecting the Complainant, Respondent, and other involved individuals from being subjected to further harassment or discrimination or retaliation for reporting harassment or discrimination:
        1. Referral of the Complainant and/or Respondent to the school psychologist, counselor, or other appropriate support personnel.
        2. Academic supportive measures to address any issues related to access to the educational environment.
        3. Procedures for a fair and timely opportunity for the accused to explain the accusations and defend his/her actions prior to student discipline.
        4. Incidents pursuant to this policy will be reported to the Civil Rights Data Collection and to the District Administration, as needed.
      2. Students engaging in harassment or discrimination are subject to District Policy AS67 — Discipline of Students.