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Tag: Sexual Harassment

Published on
  • Effective: 1/7/03
  • Revision: 2/27/24
  • 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 discrimination or harassment.
      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: Unlawful conduct, including words or gestures and other actions, which adversely affects an employee’s working environment or results in disparate treatment 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.  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 race, color, ethnic background, national origin, religion, sex, creed, age, citizenship,  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:  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 for other harassment; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
          2. Harassment that 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 directly with the accused.
        2. Seek to resolve issue through a supervisor or administrative personnel.
        3. Report the concern by calling the District Non-compliance Hotline or completing the form on the District Non-compliance webpage.
        4. Register a formal complaint with the District compliance officer who will initiate an investigation.
      2. Any employee who knows of a violation of this policy is expected to report such conduct to a supervisor, administrator, the District compliance officer, or the Superintendent’s designee.
      3. The initial allegation of discrimination or harassment may be submitted either orally or in writing to the immediate supervisory/administrator. A complaint made to the District compliance officer or Superintendent's designee must be in writing.
      4. Complaints to the District compliance officer must be made within 180 calendar days after the date of the alleged act of discrimination or harassment. The Board has the right to extend the 180-day deadline if circumstances are warranted.
    3. Investigative Procedures
      1. If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement.  The District will conduct its own internal investigation independent of law enforcement officials.
      2. 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.
      3. The accused may not contact the complainant during an investigation without the permission of District and the complainant.
      4. When conducting investigations, the District compliance officer or Superintendent’s designee 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.
      5. 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.
      6. After the conclusion of the investigation, the District compliance officer or Superintendent’s designee shall provide all parties a written disposition of the complaint.
      7. The parties will then have 10 working days to provide written responses to the report and have them considered by the District compliance officer or Superintendent’s designee.
    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 is filed with the UALD and the UALD will forward the claim 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: 5/22/2018
  • 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. Confront:  To have a face-to-face discussion and/or contact regarding specific matters.
      5. 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.
      6. 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.
      7. 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.
      8. Harassment:   Unwelcome conduct of an offensive nature that is demeaning or derisive or occurs substantially because of the 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 which 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 which 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, ethnicity or national origin.
        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.
      9. Respondent:  A person named in a discrimination complaint as having engaged in or being responsible for, a discriminatory act or omission.
      10. 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.
      11. Sexual Harassment:  A form of sex (gender) 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 educational benefit.
        2. Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student's educational program.
        3. Such conduct has the purpose or effect of unreasonably interfering with a student's educational performance or creating an intimidating, hostile, or offensive learning environment.
        4. There are two types of sexual harassment:
          1. Hostile Environment:  The three levels of hostile environment are the same as those listed for other harassment; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
          2. Harassment that culminates in a tangible action which alters the conditions of the educational programs (previously called quid pro quo).
    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. Complaints must be made to the immediate supervisor/administrator or the District Compliance Officer within 45 calendar days after the date of the alleged act of discrimination.
    3. Complaint and Investigative Procedures
      1. The following procedure is available for those who believe they are victims of harassment or discrimination, or who witness such acts:
        1. Seek to resolve issue directly with the accused.
        2. Seek to resolve issues through administrative personnel.
        3. Register a formal complaint with the District Compliance Officer who will initiate an investigation.
      2. If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement.  The district will conduct its own internal investigation independent of law enforcement officials.
      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. The accused may not contact the alleged victim during an investigation without intervention by the district and with the permission of the complainant.
      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 as quickly as practicable, but within 30 days of receipt of the complaint, unless extenuating circumstances require a longer period.  All parties shall be notified of the extension of time.
      7. Within 10 working days of 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. Retaliation
      Retaliation under this policy is prohibited.  Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including termination.
    5. Records
      Records of all discrimination or harassment complaints shall be maintained by the District Compliance Officer.  The records will be kept in a separate and confidential file as required by GRAMA.  Information gathered, developed and documented in the investigation will be regarded as a protected record.
    6. Outside Reporting Procedures
      Nothing in this policy shall prohibit a person from filing an education discrimination claim with the Office of Civil Rights:  Department of Education, Region VIII, Federal Office Building, 1244 Speer Blvd., Suite #310, Denver, CO  80204-3582.
    7. Actions to Include When Appropriate
      1. Procedures for protecting the victim and other involved individuals from being subjected to:
        a) further harassment or discrimination
        5/22/2018b) retaliation for reporting harassment or discrimination
      2. Referral of victim and/or aggressor to school psychologist, counselor, or other appropriate support personnel
      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 of harassment, discrimination, and retaliation will be reported to the Superintendent or Superintendent’s designee.
      5. Students engaging in harassment or discrimination are subject to District Policy AS67 — Discipline of Students.