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Tag: Sexual Harassment

Published on
  • Effective: 8/27/2024
  1. Board Directive
    1. The Jordan School District (“District”) Board of Education (“Board”) is committed to providing an educational and working environment where all students and employees are treated with dignity and respect and have equitable opportunities for learning, participation in educational activities, or work. A fundamental component of this commitment is to maintain an environment free from discrimination based on sex, or sexual harassment, which includes dating/domestic violence, stalking, and sexual assault and to comply with Title IX of the Education Amendments of 1972 (Title IX) and its regulations. This policy complies with Title IX’s procedural and substantive requirements.
    2. Sexual harassment is prohibited by Title IX of the Education Amendments of 1972 (Title IX), which provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §1681(a). The federal regulations found at 34 CFR 106 implementing Title IX further outline the requirements placed upon recipients of federal funds, such as the District.
    3. The District’s Board is committed to protecting students and employees against sexual harassment, whether by students, employees, volunteers, or others under the District’s control. Students or employees who engage in sexual harassment will be subject to disciplinary action under this policy or a corresponding conduct policy.
    4. Conduct that does not rise to the level of sexual harassment as defined in this policy but that constitutes inappropriate or offensive sexual behavior, bullying, or other forms of harassment is still prohibited and will be investigated and addressed under District policies, specifically, AS94 – Student Discrimination and Harassment or DP358 – Employee Discrimination and Harassment.
    5.  The District’s Board authorizes the Superintendent and District Administration to establish administrative procedures consistent with this policy.
  2. Administrative Policy
    Jordan School District's Title IX Sexual Harassment policy shall be administered according to the following administrative policy provisions:

TABLE OF CONTENTS:
A. Title IX Coordinator
B. Definitions
C. Complaint Procedure; Employee Responsibility to Report
D. Formal Complaint
E. Initial Response; Supportive Measures; Emergency Removal Initial Response
F. Investigation of Sexual Harassment - Title IX
G. Determination Regarding Responsibility by Decision-Maker(s)
H. Appeals
I. Confidentiality
J. Retaliation
K. Discipline and Remedial Action; False Complaints
L. Record Keeping
M. Training; Dissemination of Policy

    1. Title IX Coordinator
      1. The District has designated a Title IX Coordinator in the District’s Compliance and Legal Services Office who oversees implementation of this policy.
      2. The Title IX Coordinator is authorized to coordinate the District’s efforts to comply with regulatory requirements of Title IX. All allegations of sexual harassment and discrimination should be directed to the Title IX Coordinator:
    2. Definitions
      1. “Actual knowledge” means that an employee, student, or third-party has informed the Title IX Coordinator or any District official who has authority to institute corrective measures on behalf of the District of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. Actual knowledge compels the District to initiate action.
      2. “Advisor” means a person chosen by a party or appointed by the District to accompany the party to meetings related to the grievance process and to advise the party on that process. This individual may be a District employee, a member of the community, or attorney (hired and paid for by a party).
      3. “Appeal Officer” means a person designated by the Superintendent to review an appeal from a determination regarding responsibility in a case of sexual harassment (Title IX). An appeal panel may not contain an investigator(s), decision-maker(s), or the Title IX Coordinator.
      4. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
      5. “Decision-maker” means a District administrator responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard. The Decision-maker will be responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
      6. “Deliberate Indifference Standard” means a recipient (District) with actual knowledge of sexual harassment in an education program or activity must respond in a manner that is not deliberately indifferent. A recipient is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.
      7. “Education program or activity” means locations, events, or circumstances where the District exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by the District.
      8. Formal complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment.
        1. At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in an education program or activity of the District. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email, using the contact information listed for the Title IX Coordinator above.
        2. The formal complaint must contain the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the formal complaint.
        3. A parent/legal guardian may sign and file a formal complaint on behalf of a minor complainant.
      9. “Investigator(s)” means a District administrator (s) trained in Title IX to conduct a prompt, fair, and impartial investigation of a formal complaint under assignment by the Title IX Coordinator. The investigator (s) has responsibility to draft an investigative report and summarize evidence gathered from the parties and witnesses in a Title IX investigation.
      10. “Preponderance of the evidence” means the evidentiary standard necessary to demonstrate the allegation is more likely true than not true.
      11. “Prompt” means the time period in which allegations are acted upon once the District has received notice or a formal complaint. Typically, complaints can take 60-90 business days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the District will avoid all undue delays within its control.
      12. “Resolution” means the result of an informal or formal grievance process.
      13. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
      14. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
        1. A District employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo). Quid pro quo harassment is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
        2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the District’s education program or activity:
          1. Severe: Based on whether the described occurrence or conduct was severe from the perspective of a reasonable person in the complainant’s position.
          2. Pervasive: A single instance of an offensive comment or joke typically does not meet the Title IX standard for sexual harassment requiring investigation, but there may be instances where a single unwelcome act may meet that standard. Factors to consider include, but are not limited to, whether there is a pattern of sexual harassment, the number of people involved, and whether the unwelcome sex-based conduct involves widespread dissemination of offensive material.
          3. Objectively Offensive: Based on whether the described occurrence or conduct was offensive from the perspective of a reasonable person in the complainant’s position. Notably, the perspective for offensiveness is based on the reasonableness from the complainant’s perspective, and the intent of the respondent is irrelevant in the analysis.
          4. Effectively Denies Equal Access: This does not require that a Complainant be entirely or physically excluded from educational opportunities, but rather that the sexual harassment has so undermined and detracted from the complainant’s educational experience, that he or she is effectively denied equal access to the school’s resources and opportunities; or
        3. Sexual assault as defined in by the Title IX regulations:
          1. Forcible rape, forcible sodomy, or forcible fondling;
          2. Incest and statutory rape;
          3. Unwelcome touching of a person’s private body parts for the purpose of sexual gratification. In determining whether conduct meets this definition, administrators shall consider all the circumstances surrounding the incident, such as the age and maturity of the parties, the duration of the incident, the location and secretive nature of the actions, the intent of the parties, and the effects on the parties. See, 20 U.S.C. 1092 (f)(6)(A)(v).
          4. This offense is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access because such misconduct is sufficiently serious to deprive a person of equal access;
        4. Dating violence as defined by the Title IX regulations (See, 34 U.S.C 12291 (a)(10)) is violence, such as sexual or physical abuse or threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant, which may be determined by (1) the length of the relationship, (2) the type of relationship, (3) the frequency of interaction between the persons involved in the relationship. Dating violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access;
        5. Domestic violence as defined by the Title IX regulations (See 34 S.C. 12291 (a)(8)) is violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under Utah law, or by any other person against a complainant who is protected from that person’s acts under Utah law. Domestic violence is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access; or
        6. Stalking as defined by the Title IX regulations (See 34 U.S.C. 12291 (a)(30)) is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Stalking is not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such misconduct is sufficiently serious to deprive a person of equal access.
      15. “Sexual misconduct” means unwelcome sexual actions or conduct that is both non-physical or physical, offensive to the sensibilities of any person, including sexual advances, lewd gestures, words or other communication of 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 Title IX for a hostile environment for sexual conduct that is severe, pervasive, and objectively offensive to deny a person equal access to the education program or activity.
      16. “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening either party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment.
      17. “Title IX Coordinator” means the employee designated by the District to coordinate efforts to comply with Title IX, including implementing the grievance process and managing required training under the regulations. The District’s policy will include the name, office, address, and telephone number of employee(s) appointed.
    3. Complaint Procedure; Employee Responsibility to Report
      1. Individuals who believe they have been subjected to sexual harassment should immediately notify a teacher, administrator, supervisor, or the Title IX Coordinator. They may file either an informal or a formal complaint.
      2. An employee with actual knowledge of sexual harassment or allegation of sexual harassment shall, as soon as is reasonably possible, notify the Title IX Coordinator with the allegations.
      3. An individual other than a Complainant may file a report or notice of sexual harassment, in which case the procedures for an initial response and supportive measures will be followed. However, an investigation is opened only upon receipt of a formal complaint by the Complainant or, if a minor, by the Complainant’s parent/legal guardian.
      4. Any District or school employee who observes or otherwise becomes aware of conduct that may constitute sexual harassment against a student or employee must report the conduct to the Title IX Coordinator regardless of whether the student files a formal or informal complaint or not.
      5. Parent(s) or legal guardian(s) are permitted to accompany the student to any meeting or interview during a grievance process to exercise rights on behalf of the student. The student’s advisor of choice may be a different person from the parent or guardian.
    4. Formal Complaint
      A formal complaint must be in writing and must be delivered to the Title IX Coordinator. To the extent possible, the formal complaint should include:

      1. Name, home address, e-mail address, telephone number of the Complainant;
      2. Date(s), of incident(s) giving rise to the complaint;
      3. Name(s) of Respondent(s);
      4. Description of the conduct or incident(s) giving rise to the complaint;
      5. Description of the harm caused by the incident; and
      6. Description of remedy sought. Providing a description of the remedy sought does not confer authority on the Complainant or the Complainant’s parent/legal guardian to determine the discipline imposed on the Respondent. The determination of remedies, including any disciplinary action, rests only within the authority and sole discretion of the District and may not be divested to others.
    5. Initial Response; Supportive Measures; Emergency Removal Initial Response
      1. Employee Receipt of Notice, “Actual Knowledge.” Whenever any District or school employee becomes aware of an allegation of, or conduct that may constitute, sexual harassment, the Title IX Coordinator must be notified.
        1. Actual knowledge of such conduct or allegation may be made known through a variety of means, including but not limited to: verbal complaints by students or parent(s)/legal guardian(s); notice from an employee; direct observation, or as facts are disclosed during normal disciplinary proceedings.
      2. Receipt of Notice to Administrator:
        1. If a school administrator becomes aware of offensive sexual behavior or sexual conduct, the administrator shall conduct an initial assessment to determine whether the conduct might meet the definition of sexual harassment under this policy.
        2. If there is evidence that the conduct constitutes sexual harassment, or if a reasonable person would consider the conduct sexual harassment under this policy, the school administrator shall report the conduct to the Title IX Coordinator.
          1. For situations involving students, the Title IX Coordinator shall contact the parents/legal guardian.
          2. The school administrator in consultation with the Title IX Coordinator, may provide upon receiving a report of sexual harassment, appropriate and immediate supportive measures to the Complainant in the interim between when the Title IX Coordinator is able to make contact with the Complainant.
      3. Upon receipt of notice (actual knowledge) of sexual harassment or allegations of sexual harassment, the Title IX Coordinator shall promptly contact the Complainant to discuss:
        1. The availability of supportive measures consider the Complainant’s wishes with respect to supportive measures;
        2. Inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint;
        3. Explain to the Complainant the process for filing and investigating a formal complaint; and
        4. Explain to the Complainant that the parties may have an adult advisor of their choice throughout the investigation of a formal complaint.
      4. The Title IX Coordinator should consult with, and implement supportive measures in collaboration with, the school administrator for students, or HR Director for an employee. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
        1. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, supervised transitions, changes in work locations, increased security and monitoring of certain areas of the campus, and other similar measures.
        2. The District must maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.
      5. Emergency Removal: The Title IX Coordinator, in consultation with an administrator and the Administrator of Schools (AOS) or in the case of an employee, the Administrator of Human Resources, may seek an emergency removal of a Respondent from the District’s education program or activity.
        1. To remove a Respondent on an emergency basis, the District must undertake an individualized safety and risk analysis and determine that an immediate threat to the physical health or safety of a student or other individual arising from the allegations of sexual harassment justifies the removal.
        2. The Respondent must be given notice and an opportunity to challenge the decision immediately following the removal. An emergency removal may not constitute or be documented as disciplinary action.
        3. In the case of an employee, the District may place a non-student employee Respondent on administrative leave during the pendency of the grievance process.
      6. If the Title IX Coordinator receives a report from a student, parent/legal guardian, school employee, and/or school administrator before receiving a formal complaint, he or she shall interview the Complainant and determine whether to sign a formal complaint on behalf of the Complainant.
      7. The Title IX Coordinator may consolidate formal complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.
    6. Investigation of Sexual Harassment - Title IX
      1. Dismissal
        1. Upon receipt of a formal complaint, the Title IX Coordinator determines whether the complaint must or may be dismissed. A dismissal may occur at any point in the investigation until such time as a determination is made regarding the reported allegations.
        2. Mandatory Dismissal: The Title IX Coordinator must dismiss the complaint if any of the following conditions apply:
          1. The conduct alleged would not constitute sexual harassment as defined in this policy, even if proved true;
          2. The conduct alleged did not occur in a District program or activity; or
          3. The conduct alleged did not occur against a person in the United States.
            a)   This dismissal does not preclude action under another District policy. The District has the flexibility to provide supportive measures in response to allegations of conduct, and to investigate such conduct, that does not involve sexual harassment but is otherwise prohibited under District policy, including bullying, discrimination, harassment, and other sexually inappropriate conduct.
        3. Discretionary Dismissal: The Title IX Coordinator may dismiss the complaint or any of the allegations therein if any of the following conditions apply:
          1. a Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the formal complaint or any allegations therein;
          2. the Respondent is no longer enrolled or employed by the District; or
          3. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the allegations contained in the formal complaint.
            a)   If dismissed, the Title IX Coordinator shall promptly notify both parties in writing of a dismissal decision, and shall give both parties equal right to appeal a dismissal decision (See Appeals, Section II. G.).
      2. Assignment of Investigator
        1. The Title IX Coordinator shall assign an investigator(s) to conduct the Title IX investigation.
        2. The Title IX Coordinator may conduct the investigation, or conduct the investigation with another investigator who is trained to conduct sexual harassment investigations provided the Title IX Coordinator was not the person who conducted the preliminary review regarding jurisdiction.
        3. The investigator must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to determine relevance to create an investigative report that fairly summarizes relevant evidence, how to write and issue an investigative report, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
        4. The investigator should begin each investigation by creating an investigation file.
        5. The investigator shall refer the matter to law enforcement authorities or the Utah State Division of Child and Family Services, where appropriate or required by law. The investigator must continue to conduct the investigation even if the matter has been referred to another agency. The investigator should coordinate with the other agency and may adjust timelines and procedures accordingly.
      3. Investigative Procedures
        The District must ensure that investigations include the following steps:

        1. The investigator shall ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
          1. Access to a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity in connection with the party’s treatment can only be obtained through the party’s voluntary, written consent (if the party is a minor, consent must be from the parent).
        2. Notice of Allegations: Upon receipt of a formal complaint, the Title IX Coordinator shall provide written notice to the parties of the allegations. The notice must include:
          1. Notice of the District’s formal complaint and investigation process, including any informal resolution process available;
          2. Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the following, if known:
            a) The identities of the parties involved in the incident;
            b) the conduct allegedly constituting sexual harassment under this policy; and
            c) the date and location of the alleged incident.
          3. A statement that the Respondent is presumed innocent until a determination has been made at the conclusion of the investigation;
          4. A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
          5. A statement that the parties will be provided two, ten (10) day periods in which to inspect and review all evidence collected during the investigation but prior to completion of an investigation report and after the investigative report has been written.
          6. A statement that District policy prohibits knowingly making false statements or knowingly submitting false information during the investigation and that a party found to have done so is subject to disciplinary action.
        3. Interviews
          1. The investigator shall provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
          2. The investigator shall provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
          3. Each of the following persons shall be interviewed, and a record made of their conversations.
            a) The Complainant. The complainant may be accompanied by an adult representative, including legal counsel. The Complainant may present evidence supporting the complaint.
            1) In cases of sexual assault or other severe trauma, the investigator should seek assistance from professionals trained in interviewing children. Such professionals may include designated officials from the Children’s Justice Center, the Department of Child and Family Services, or some other private or governmental agency.
            2) The investigator shall comply with the reporting requirements regarding the reporting of Child Abuse or Neglect (See Policy AS70 Child Abuse-Neglect Reporting by School Personnel).
            b) The Respondent. The Respondent may be accompanied by an adult representative, including legal counsel. The Respondent may present evidence refuting the allegations set forth in the complaint. The investigator should gather a signed, written statement from the Respondent that responds to the allegations.
            c) The Witnesses. Anyone who witnessed the alleged conduct. The investigator should gather a signed witness statement from each witness using the Title IX Witness Statement form.
            d) Anyone mentioned as having related information. The investigator should document all conversations related to the alleged incident.
          4. Equal opportunity shall be provided for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
          5. The investigator may have additional conversations with any of the individuals listed in subsection to ensure that all relevant facts have been gathered.
        4. Preservation of Evidence
          1. The investigator shall gather and preserve all evidence, including footage from surveillance cameras, photos, physical evidence, documents, correspondence, and any relevant electronic information such as text messages, camera footage, and social media postings.
          2. All evidence gathered must be maintained in the Evidence Log and/or the Privilege Log.
        5. Informal Resolution may be appropriate in cases of sexual harassment under Title IX according to the following requirements:
          1. Informal mediation can never be offered to resolve complaints alleging that an employee sexually harassed a student;
          2. Facilitators must be free from conflicts of interest or bias and be trained to serve impartially;
          3. Informal resolution processes must have reasonably prompt time frames;
          4. The initial written notice of allegations sent to both parties must include information about the informal resolution processes made available; and
          5. Parties retain their right to the formal grievance process, and can withdraw from informal resolution and resume a formal process at any time before agreeing to a resolution.
        6. Investigative Report
          1. Prior to completing the investigative report, the investigator shall send to each party and the party’s advisor (if applicable) the evidence subject to inspection and review in an electronic format or a hard copy. The parties must have at least ten (10) calendar days to submit a written response, which the investigator may consider prior to completion of the investigative report.
          2. The investigator shall objectively evaluate all relevant evidence, including the credibility of all statements, the investigator shall prepare a final written report of the investigation. The report should be completed using the District’s Title IX Report Template.
          3. The report must “fairly summarize relevant evidence,” and should include the following:
            a)  A description of the complaint.
            b)  A description of the interim supportive measures provided to the complainant and/or the respondent.
            c)  A detailed description of the investigation, including names and dates of individuals interviewed; receipt of written statements; and evidence considered, including video and audio recordings, correspondence, etc.
            d)  Findings of fact. This section should describe with sufficient detail the events and actions found by the investigator to be true and include both inculpatory and exculpatory evidence considered relevant.
          4. The investigator shall provide a copy of the final investigative report simultaneously to the parties and notify them that they have ten (10) calendar days to review the report and provide a response, including written questions they would like asked of any party or witness. The investigator notifies the parties that their response and questions should be submitted to the Title IX Coordinator.
    7. Determination Regarding Responsibility by Decision-Maker(s)
      1. Decision-maker(s)
        1. A District administrator identified as a decision-maker is responsible to review the investigator’s report and determine whether District policy has been violated based on a preponderance of the evidence standard.
        2. The Decision-maker is responsible to determine appropriate sanctions/discipline when policy is violated and provide a written determination outlining a rationale for finding(s). Multiple decision-makers may be designated by the District.
        3. The Decision-maker(s) cannot be the same person as the Title IX Coordinator or an investigator(s).
        4. The Decision-maker(s) may not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
        5. The Decision-maker(s) must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to issue a written determination, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
      2. Parties’ Response to Investigative Report
        1. Upon receipt of the investigation report, the Decision-maker(s) must allow for at least ten (10) days to receive any written response from the parties before issuing a written determination regarding responsibility and whether District policy was violated.
        2. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions and evidence are offered to prove that someone other than the respondent committed the alleged conduct or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. The Decision-maker(s) must explain to a party proposing the questions any decision to exclude a question as not relevant.
        3. Upon receipt of relevant questions from a party, the Decision-maker(s) submits the questions to the witness or party to whom they are directed and establishes a timeframe in which the questions must be answered. Upon receipt of the answers, the decision-maker provides them to the parties who proposed the questions.
        4. At the Decision-maker’s discretion, the Decision-maker may permit limited follow-up questions from the parties.
      3. Determination Regarding Responsibility
        1. The Decision-maker(s) must issue a written determination as to whether the Respondent committed sexual harassment in violation of the District’s Title IX policy.
        2. The Decision-maker(s) objectively evaluates all relevant evidence gathered and presented during the investigation, as found in the investigative report, along with the answers to any written questions and follow-up questions to parties and witnesses as a response to the investigative report. The Decision-maker(s) evaluate the evidence, judge credibility based on factors of plausibility and consistency in party and witness statements, and then will reach a determination regarding responsibility.
        3. The Decision-maker(s) may consult with the investigator, the District’s General Counsel, and other administrators as applicable in making a determination, except for the Superintendent and his/her designee to whom an appeal would be directed.
        4. The Decision-maker(s) shall base the determination on the preponderance of the evidence standard. The District shall apply the same standard to all formal complaints of sexual harassment, whether the complaint involves a student or employee.
      4. The Written Determination
        1. The written determination must include:
          1. Identification of the allegations potentially constituting sexual harassment as defined in this policy;
          2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence;
          3. Findings of fact supporting the determination;
          4. Conclusions regarding the application of the District’s policy to the facts;
          5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the Respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the Complainant; and
          6. The District’s procedures and bases for the Complainant and Respondent to appeal.
          7. The recipient must provide the written determination to the parties simultaneously.
        2. If the Respondent is a student and found to have committed sexual harassment, the decision-maker shall ensure that the behavior and resulting disciplinary action is documented in the Student Information System.
        3. Upon receipt of the final determination, the Complainant or Respondent may file an appeal.
        4. The determination regarding responsibility becomes final either on the date that the recipient provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely, which is 10 calendar days after the issuance of the decision regarding responsibility.
      5. Issuance of Written Determination
        1. At the conclusion of the decision-making process, the Decision-maker(s) shall provide the written determination to the parties simultaneously.
        2. The Decision-maker(s) also provides a copy of the written determination to the Title IX Coordinator.
    8. Appeals
      1. Either party, the Complainant or Respondent, may appeal the Dismissal of a Formal
        Complaint in writing within five (5) calendar days after receipt of a Notice of Dismissal. Failure to submit written notice of an appeal within five (5) calendar days constitutes forfeiture of any right to appeal from a Dismissal of a Formal Complaint.
      2. Either party, the Complainant or Respondent, may appeal the Determination Regarding Responsibility within ten (10) calendar days from the date of when the written Determination Regarding Responsibility was issued. Failure to submit written notice of an appeal within ten (10) calendar days constitutes forfeiture of any right to appeal.
        1. Appeals shall be submitted to the Legal Services department, who shall forward the appeal to the Appeal Officer.
        2. Grounds for an appeal of a Determination Regarding Responsibility:
          1. Procedural irregularity that affected the outcome of the matter;
          2. New evidence that was not reasonably available at the time the Determination Regarding Responsibility was made, that could affect the outcome of the matter; or
          3. If a party believes there was a conflict of interest of the Title IX Coordinator, investigator (s), or decision-maker (s).
          4. If an appeal does not introduce new evidence or allege a conflict of interest or violation of the investigation procedures of this policy, it will be denied.
          5. Disagreement with the outcome of an investigation or with an investigator (s) interpretation or findings of facts is not grounds for an appeal under this policy.
        3. The Appeal Officer will notify the other party in writing when an appeal is filed and offer the non-appealing party an opportunity to provide a written statement in support of, or challenging, the outcome. The Appeal Officer will issue a written decision as to whether the investigation procedures were followed, whether there was a conflict of interest, or whether any new evidence would change the outcome of the investigation.
        4. The decision of the Appeal Officer is final.
    9. Confidentiality
      1. It is the policy of the District to respect, as far as possible, the privacy and anonymity of all parties and witnesses to complaints brought under this policy. However, because an individual’s right to confidentiality must be balanced with the District’s obligations to cooperate with law enforcement, government agency investigations, or legal proceedings, or to investigate and take necessary action to resolve a complaint, including by allowing each party the chance to provide information to the investigator, information about the complaint may be disclosed in appropriate circumstances, and for other good reasons that apply to the particular situation. The investigator also may discuss the complaint with one or more of the following persons:
        1. The General Counsel;
        2. The parent/legal guardian of the victim;
        3. The parent/legal guardian of an alleged student perpetrator;
        4. A teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth;
        5. Utah State Division of Child and Family Services for purposes of investigating child abuse reports; and
        6. Law enforcement agencies where the investigator has reasonable suspicion that the alleged Discrimination or Harassment involves criminal activity.
      2. Where a complaint involves allegations of child abuse, the complaint shall be immediately reported to appropriate law enforcement authorities or the Utah State Division of Child and Family Services. The anonymity of both the complainant and school officials involved in the investigation will be strictly protected as required by Utah Code §62A-4a-412.
    10. Retaliation
      1. Retaliation: It is prohibited for the District or any District employee to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
      2. Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.
      3. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The District is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
      4. The following do not constitute retaliation under this policy:
        1. The exercise of rights protected under the First Amendment.
        2. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure. A determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
    11. Discipline and Remedial Action; False Complaints
      1. Any student who engages in sexual harassment of anyone at school or at any school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Student Conduct and Disciplinary Process. Disciplinary action may include, but is not limited to, suspension, expulsion, exclusion or loss of extracurricular activities, probation, or alternative educational placement. In imposing such discipline, all facts and circumstances of the incident(s) shall be taken into account.
      2. Any employee who engages in sexual harassment of any student at school or at a school-related activity or event is in violation of this policy and shall be subject to disciplinary action consistent with the District’s Employee Termination policies. Disciplinary action may include, but is not limited to, warnings, reprimands, probation, disciplinary transfer, suspension, reduction in pay or hours, or termination. In imposing such discipline, all facts and circumstances of the incidents(s) shall be taken into account.
      3. If the investigator has reasonable suspicion that the harassment involves sexual assault, rape, or any other activity of a criminal nature, the District shall notify appropriate law enforcement authorities and immediately initiate proceedings to remove the accused party from the situation.
      4. If an investigation finds evidence of sexual harassment, the District shall implement remedial action necessary to eliminate its effects upon the victim and the school environment. Remedial action may include changes to school or District programs, offerings, facilities, rules, policies, or practices.
      5. Intentionally false, malicious, or frivolous complaints of sexual harassment shall result in corrective or disciplinary action taken against the complainant.
    12. Record Keeping
      1. The Title IX Coordinator shall maintain a confidential record separate from the individual’s educational or personnel file that includes the complaint, response, witness statements, evidence, investigative report, written determination, any appeal and the result therefrom, and any informal resolution and the result therefrom for seven (7) years.
      2. All student discipline issued for violations of this policy shall be documented by the Decision-maker on the District’s Student Information System. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that sexual harassment served as the basis for which the student was disciplined.
      3. All complaints made under this policy involving a student must be documented by the Building Administrator on the District’s Student Information System. Complaints must be documented even if the investigation results in a finding that this policy was not violated. Consistent with the U.S. Department of Education Civil Rights Data Collection, the documentation must indicate that the violation constituted sexual harassment.
      4. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.
      5. Records of complaints and investigations shall be retained in accordance with applicable federal and state law.
    13. Training; Dissemination of Policy
      1. The District recognizes the importance of educating its employees and students regarding the prevention of sexual harassment and the observance of high ethical standards. To these ends, the District will provide ongoing training and education in this area. Notice of this policy will be distributed, and training will be conducted for employees and students of the District.
      2. This policy may be posted on the District’s website and published in student registration materials, student and employee handbooks, parent information guides, and other appropriate school publications as directed by the District.

Published on
  • Effective: 1/7/03
  • Revision: 10/29/2024
  • Reviewed: 5/28/13
  1. Board Directive
    The Board of Education is committed to providing an employment environment that is free from unlawful harassment and other forms of unlawful discrimination based upon race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  It is the intent of this policy to prohibit discrimination or harassment against any individual or class of persons specifically enumerated as protected under the Civil Rights Acts of the United States and the Utah Anti-Discrimination Act (UCA §34A-5-101 et seq.).  It is not the intent of this policy to broaden coverage beyond those classifications specifically protected by federal or state statute.  The responsibility for policy regarding employee discrimination and harassment is delegated to the District Administration.
  2. Administrative Policy
    This policy is adopted to assist Jordan School District employees in moving toward a workplace that is free of unlawful discrimination or harassment.  It is the policy of Jordan School District to provide fair, expeditious and uniform procedures for investigation and resolution of claims of unlawful discrimination or harassment.

    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 unlawful discrimination or harassment.
      3. Compliance Officer: Person or persons designated by the Superintendent to receive and process complaints of unlawful discrimination or harassment (harassment or discrimination based on membership in a protected category, i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity).
      4. Demeaning or Derisive Behavior:  Unlawful 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 an employee’s working environment or results in disparate treatment based upon membership in a protected category (i.e. race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  Discrimination does not include referral to or use of regular District Administration processes relating to employee evaluation and discipline.
      7. Harassment: A form of discrimination that includes unlawful conduct of an offensive nature that is demeaning or derisive or occurs substantially because of the employee’s membership in a protected category (i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity) and which creates a hostile work environment.  Harassment may include but is not limited to any of the three categories listed below:
        1. Generalized Harassment:  Includes intentional behavior directed at an entire group which is based on demeaning or derisive stereotypes, and is severe enough that it creates a hostile working environment. Examples include comments or jokes, physical gestures, or visual displays such as posters, etc.
        2. Individually Targeted Harassment:  Includes intentional, criminal or non-criminal behavior that is targeted at an individual or particular members of a group, which can be verbal, physical, or visual that is severe enough or pervasive enough that it adversely affects the working environment. Examples include negative or offensive comments, jokes, suggestions, or gestures directed to an individual's or group's race, ethnicity or national origin.
        3. Criminal Harassment:  Harassing behavior which violates state or federal criminal statutes. Examples include criminal assault, sexual assault, rape, criminal mischief, stalking, arson, or trespass.
      8. Respondent:  A person named in a discrimination or harassment complaint as having engaged in or being responsible for a discriminatory or harassing act or omission.
      9. Retaliation:  Any form or sanction, restraint, coercion, discrimination, harassment, or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination or harassment 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 or harassment complaint.
      10. Sexual Harassment: All complaints of sexual harassment should be directed first to the Title IX Coordinator for a preliminary jurisdictional review. If the complaint falls under Title IX jurisdiction, it shall be addressed through policy AA452 — Title IX Sexual Harassment. If it does not fall under Title IX jurisdiction, the complaint shall be dismissed for purposes of Title IX and directed back to Human Resources for investigation pursuant to this policy.
        Sexual harassment is a form of sex discrimination.  It consists of unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature that is based on one or more of the following conditions:

        1. Submission to such conduct is made either explicitly or implicitly as a term or condition to work benefit.
        2. Submission to or rejection of such conduct by a co-worker is used as the basis for decisions affecting the work environment.
        3. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
        4. Sexual harassment includes:
          1. Hostile Environment:  The three levels of hostile environment are the same as those listed above in 7. a.-c.; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
          2. Harassment which culminates in a tangible action which alters the conditions of the working environment (previously called quid pro quo).
    2. Complaint Procedure
      1. The following options are available for those who believe they are victims of discrimination or harassment, or who witness such acts:
        1. Seek to resolve issue through a supervisor or administrative personnel.
        2. Report the concern by calling the District Non-Compliance Hotline or completing the form on the District Non-compliance webpage.
        3. Register a formal complaint with the District Compliance Officer who will initiate an initial assessment and possible investigation.
      2. Any employee who knows of a violation of this policy must report such conduct to a supervisor, administrator, or the District Compliance Officer.
      3. The initial allegation of discrimination or harassment may be submitted either verbally or in writing to the immediate supervisor/administrator. A complaint made to the District Compliance Officer must be in writing.
    3. Investigative Procedures
      1. Initial Assessment: When any complaint is filed under this policy or when a complaint is referred through this policy from the Title IX Team, an initial assessment is conducted to determine whether the reported conduct falls under the scope of this policy.
        1. This assessment involves a preliminary review of the details provided in the complaint to decide if the alleged conduct, if proven true, would constitute a violation of this policy.
          1. If the alleged conduct would not (even if proven true) constitute a violation of this policy, the matter will be dismissed in favor of Human Resources assistance, such as mediation or other policy involvement.
          2. If the alleged conduct would constitute a violation of this policy, the matter will be assigned for investigation.
      2.  If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement for criminal investigation.  The District will conduct its own internal investigation independent of law enforcement officials to determine whether District policy was 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 as confidential; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed.
      4. The respondent (person alleged to have engaged in the reported conduct) may not contact the complainant during an investigation without the permission of District.
      5. When conducting investigations, the District Compliance Officer 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 charges.
      6. An investigation shall be completed with fairness and reasonable speed, typically within 30 working days of receipt of the complaint, unless extenuating circumstances require a longer period.
      7. After the conclusion of the investigation, the District Compliance Officer shall provide all parties a written disposition of the complaint.
      8. The parties will then have 10 working days to provide written responses to the report and have them considered by the District Compliance Officer.
    4. Disciplinary Procedures
      Any employee who has been found in violation of this policy will be subject to the following disciplinary procedures:

      1. A first substantiated offense, if minor in nature, will result in a written reprimand to be entered in the employee's personnel file.  Should the first offense be determined to be of a serious nature, the employee will be subject to disciplinary action up to and including termination in accordance with District Policy DP316 NEG – Orderly Termination Procedures.
      2. A second substantiated offense shall result in  disciplinary action up to and including termination in accordance with District Policy DP 316 NEG – Orderly Termination Procedures.
    5. Retaliation
      Retaliation under this policy is prohibited.  Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including termination in accordance with District Policy DP316 NEG– Orderly Termination Procedures.
    6. Records
      Records of all discrimination or harassment complaints shall be maintained by the District. Information gathered, developed, and documented in the investigation will be classified as a protected record.
    7. Outside Reporting Procedures
      Nothing in this policy shall prohibit a person from filing a discrimination or harassment claim with Utah Anti-Discrimination and Labor Division (UALD) or the Equal Opportunity Commission (EEOC).  If an employee pursues a claim of discrimination or harassment, he/she should be aware that Utah is a “dual filing” state, which means that a complaint filed with the UALD will be forwarded to the EEOC.  An employee has 180 calendar days from the alleged date of discrimination or harassment to file a claim with the UALD.

Published on
  • Effective: 6/9/1998
  • Revision: 10/27/2015
  1. Board Directive
    The Board recognizes that student participation in any extracurricular activity and/or student government is a privilege and not a matter of right.  The Board expects students who are allowed to participate in such activities to be role models.  The Board also requires employees to be role models.  All students and employees are prohibited from engaging in hazing as defined in this policy and as outlined in Utah Code §53G-8-209.  The Board authorizes the District Administration to establish policy for student and employee conduct related to school activities and to take such action when policy is violated.
  2. Administrative Policy
    The Administration shall take appropriate disciplinary action when students or employees engage in hazing.

    1. Definitions
      1. “Hazing” means intentional, knowing, or reckless acts of a demeaning or assaultive nature, whether or not consensual, or causing another to so act, in connection, affiliated with or sponsored by Jordan School District,  including but not limited to acts that involve;
        1. Endangering the mental or physical health or safety of another;
        2. Any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing harmful substances on another’s body, or exposure to the elements;
        3. Any physical activity that endangers the mental or physical health or safety of another;
        4. Any activity that would subject any person to extreme mental stress such as sleep deprivation, extended isolation from social contact or conduct that subjects another to extreme embarrassment, shame or humiliation;
        5.  Use, possession or distribution of controlled substances, drugs, drug paraphernalia, tobacco or alcoholic beverages;
        6. Threatening comments or statements;
        7.  Cruelty to animals as provided by law;
        8.  Initiation, admission into, affiliation with, holding office in or as a condition for continued membership in any organization;
        9. Forcing others to engage in or be the subject of degrading pranks, games, stunts, practical jokes;
        10. Forcing students to ingest any substance;
        11. Forced personal servitude;
        12. Forcing students to wear outrageous, ridiculous or embarrassing articles of clothing;
        13. Coercing or promoting acts of vandalism, theft, assault, sexual acts or criminal activity;
        14. Coercing or promoting indecent exposure, gross or lewd behavior;
        15. Forcing any student to engage in illegal, perverse, publicly indecent, or immoral conduct.
    2. Policy Provisions
      1. It shall not be a defense that a person under 21 years of age, against whom the hazing was directed, cooperated, acquiesced, consented, and/or also engaged in hazing activity.
      2. Student Discipline
        1. Students who participate in hazing activity shall be suspended by the school principal to a parent conference and be subject to discipline pursuant to Policy AS67—Discipline of Students.
        2. Students who illicitly use, possess, and/or distribute a controlled substance, drug paraphernalia, tobacco or alcoholic beverages while engaging in hazing shall, in addition to the discipline here provided, be subject to discipline under Policy AS90—Drugs and Alcohol.
      3. Employee Responsibilities
        1. School District employees who are aware of, initiate, promote, and/or engage in hazing shall be subject to adverse employment action including either probation or termination of employment for cause under the appropriate District Orderly Termination policy:  DP 316 – Orderly Termination Procedure – Licensed; DP 316A – Orderly Termination Procedure – Administrators; DP 316B – Orderly Termination Procedures - Education Support Professionals.
        2. School District employees who reasonably believe that a violation of this policy has occurred shall immediately (by the next working day) report the alleged incident, either to the building principal or the designee of the Superintendent of Schools.
        3. Principals who receive a report of hazing shall, within ten (10) working days after receipt of such report, submit a report to the Superintendent’s designee which states:
          1. details of the alleged incident;
          2. the identity of persons believes to be involved;
          3. action taken in response.
        4. Employees who fail to give the notice to his/her immediate supervisor required under this policy have committed an unprofessional practice and shall be subject to adverse employment action, including probation or termination under the appropriate District Orderly Termination policy:  DP 316 – Orderly Termination Procedure – Licensed; DP 316A – Orderly Termination Procedure – Administrators; DP 316B – Orderly Termination Procedures - Education Support Professioinals.  (See Utah Code §53G-8-209 3C).
    3. District Activities
      1. The District and schools shall establish, and provide access to procedures and information regarding hazing, harassment, bullying and retaliation.  The information will be posted on the District website.
        1. The District and schools shall develop procedures allowing for anonymous reporting of hazing, harassment, bullying or retaliation;
        2. Building administration is responsible for conducting investigations and responding to reports of hazing, harassment, bullying, and retaliation.
      2. In addition to the published procedures and notification above, each school shall follow established procedures and plans for:
        1. Involvement of parents or guardians of a perpetrator or victim of hazing, harassment, bullying, or retaliation in the process of responding to, and resolving conduct prohibited in this policy;
        2. Referring a victim of hazing, harassment, bullying or retaliation to counseling following parental/guardian notice and consent;
        3. To the extent that it is appropriate, treating the perpetrator according to the provisions of District Policy AS67—Discipline of Students;
        4. Training school employees and students to recognize hazing, harassment, bullying or retaliation.
    4. Actions Required When Prohibited Acts Are Reported
      1. Each reported complaint shall include:
        1. Name of complaining party
        2. Name of offender (if known)
        3. Date and location of incident
        4. Statement describing the incident(s), including name(s) of witness(es)
      2. Each reported violation shall be investigated by the School Administrator or this/her designee.  Formal disciplinary action is prohibited based solely on an anonymous report of hazing, harassment, bullying or retaliation.
      3. Violations of the prohibitions noted previously may fall under District Policy AS67—Discipline of Students and the consequence(s) may include but are not limited to:
        1. Student suspension or removal from a school-sponsored team or activity, including school-sponsored transportation;
        2. Student referral, under District Policy AS67—Discipline of Students, or a lesser disciplinary action which may merit student suspension or expulsion from school;
        3. Employee suspension or termination for cause or lesser disciplinary action;
        4. Employee reassignment; or
        5. Other action against student or employee as applicable.
      4. Action to include when appropriate:
        1. Procedures for protecting the victim and other involved individuals from being subjected to:
          1. further hazing, harassment or bullying; and
          2. retaliation for reporting the hazing, harassment and bullying.
        2. Procedures for a fair and timely opportunity for the accused to explain the accusations and defend his/her actions prior to student or employee discipline.
        3. Reporting incidents of hazing, harassment, bullying and retaliation to the Superintendent or Superintendent’s designee.
        4. Procedures for providing local employee discipline rights under Utah Code Section 53G-8-204 for employee discipline and District Policy AS67 —Discipline of Students prior to long-term (more than 10 days) student discipline.
    5. Training and Additional Consideration
      1. The training of school employees shall include training regarding hazing, harassment, bullying and retaliation.
      2. To the extent possible, programs or interventions designed to provide training and education regarding the prevention of hazing, harassment, bullying and retaliation should be implemented.
      3. Training should be extended to volunteer and paid coaches, and activity leaders for all extra-curricular activities.
        1. Participants, volunteers and adult supervisors of extra-curricular activities should be informed annually of this policy and the prohibited activities outlined in this policy.
        2. Participants, volunteers and adult supervisors shall be informed annually of the policy and the potential consequences for violation of the policy.
        3. The District Policy AS95—Conduct Related to School Activities will be reviewed by the District Leadership team comprised of parents, teachers, school administration, school staff and District Administrators.

Revision history:  2/14/12

2/25/2020: Board of Education approved the term “Education Support Professionals” to replace “Classified” to describe personnel not licensed as educators.

Published on
  • 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.