Harassment of Students Prohibited (Policy 7:20)

  • Definitions

    Bullying - “Bullying” means a severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:

    1. Placing the student or students in reasonable fear of harm to the student’s or students’ person or property;
    2. Causing a substantially detrimental effect on the student’s or students’ physical or mental health;
    3. Substantially interfering with the student’s or students’ academic performance; or
    4. Substantially interfering with the student’s or students’ ability to participate in or benefit from the services, activities, or privileges provided by the school or School District.

    Bullying may take various forms, including, but not limited to, one or more of the following:  harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is illustrative and non-exhaustive.

    Hazing - Hazing is any act that subjects a student to electronic, written, physical or verbal harassment, mental or physical discomfort, intimidation, embarrassment, ridicule, or demeaning activity committed by an individual student or group of students for the purpose of initiation, maintaining membership, or holding office in any organization, club or athletic team, whether or not such group is recognized or informal.

    Harassment - Harassment includes any unwelcome electronic, written, physical or verbal conduct, contact or communication that is motivated by or related to individual characteristics such as race, color, national origin, gender, economic status, disability, religion, religious affiliation or sexual orientation and that creates or can reasonably be predicted to create an intimidating, hostile or offensive educational environment. Although harassment that creates an intimidating, hostile or offensive environment can take many forms, some examples include name-calling, jokes, gestures or looks, posting, or distribution of derogatory pictures, notes or graffiti, blocking, pushing, hitting or other forms of physical aggression. Where harassment is , it may also include such conduct as persistent unwelcome attempts to interact with another, gesturing in a suggestive fashion, spreading of rumors, aggressive physical conduct such as kissing, touching or pulling at clothes. Sexual harassment also includes unwelcome sexual advances or requests for sexual favors when:

    1. Submission to such conduct is made either implicitly or explicitly a term or condition of the receipt of educational or other school-related benefits; or
    2. Submission to or rejection of such conduct by an individual is used as the basis for educational or other school-related decisions affecting that individual.

    Bullying, Intimidation, and Harassment Prohibited

    No person, including a District employee or agent, or student, shall harass, intimidate, or bully a student on the basis of actual or perceived: race; color; national origin; military status; unfavorable discharge status from military service; sex; sexual orientation; gender identity; gender-related identity or expression; ancestry; age; religion; physical or mental disability; order of protection status; status of being homeless; actual or potential marital or parental status, including pregnancy; association with a person or group with one or more of the aforementioned actual or perceived characteristics; or any other distinguishing characteristic. The District will not tolerate harassing, intimidating conduct, or bullying whether verbal, physical, sexual, or visual, that affects the tangible benefits of education, that unreasonably interferes with a student’s educational performance, or that creates an intimidating, hostile, or offensive educational environment. Examples of prohibited conduct include name-calling, using derogatory slurs, stalking, sexual violence, causing psychological harm, threatening or causing physical harm, threatened or actual destruction of property, or wearing or possessing items depicting or implying hatred or prejudice of one of the characteristics stated above.

    Any district student who is determined, after an investigation, to have engaged in tolerate bullying, hazing, harassment or cyberbulling will be subject to disciplinary action, including but not limited to, suspension and expulsion consistent with the behavior policy. Any student making a knowingly false accusation regarding bullying, hazing harassment or cyberbulling will likewise be subject to disciplinary action up to and including suspension and expulsion.

    Sexual Harassment Prohibited

    Sexual harassment of students is prohibited.  Any person, including a district employee or agent, or student, engages in sexual harassment whenever he or she makes sexual advances, requests sexual favors, and/or engages in other verbal or physical conduct, including sexual violence, of a sexual or sex-based nature, imposed on the basis of sex, that:

    1. Denies or limits the provision of educational aid, benefits, services, or treatment; or that makes such conduct a condition of a student’s academic status; or
    2. Has the purpose or effect of:
    1. Substantially interfering with a student’s educational environment;
    2. Creating an intimidating, hostile, or offensive educational environment;
    3. Depriving a student of educational aid, benefits, services, or treatment; or
    4. Making submission to or rejection of such conduct the basis for academic decisions affecting a student.

    The terms “intimidating,” “hostile,” and “offensive” include conduct that has the effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment include touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, and spreading rumors related to a person’s alleged sexual activities. The term sexual violence includes a number of different acts. Examples of sexual violence include, but are not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

    Making a Complaint; Enforcement

    Students are encouraged to report claims or incidences of bullying, harassment, sexual harassment, or any other prohibited conduct to the Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, Dean of Students, a Complaint Manager, or any staff member with whom the student is comfortable speaking. A student may choose to report to a person of the student’s same sex. Complaints will be kept confidential to the extent possible given the need to investigate. Students who make good faith complaints will not be disciplined.

    An allegation that a student was a victim of any prohibited conduct perpetrated by another student shall be referred to the Building Principal, Assistant Building Principal, or Dean of Students for appropriate action.

    The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers. At least one of these individuals will be female, and at least one will be male.

    Nondiscrimination Coordinator:

    Kelly Tess

     

    1235 Oak Street, Winnetka, IL 60093

     

    kellytess@winnettka36@org

     

    847/446-9400

     

    Complaint Managers:

    Beth Martin

     

    Brad Goldstein

    1235 Oak Street, Winnetka, IL 60093

     

    1235 Oak Street, Winnetka, IL 60093

    bethmartin@winnettka36@org

      bradgoldstein@winnetka36.org

    847/446-9400

     

    847/446-0920

    The Superintendent shall use reasonable measures to inform staff members and students of this policy, such as, by including it in the appropriate handbooks.

    Any District employee who is determined, after an investigation, to have engaged in conduct prohibited by this policy will be subject to disciplinary action up to and including discharge. Any District student who is determined, after an investigation, to have engaged in conduct prohibited by this policy will be subject to disciplinary action, including but not limited to, suspension and expulsion consistent with the behavior policy. Any person making a knowingly false accusation regarding prohibited conduct will likewise be subject to disciplinary action up to and including discharge, with regard to employees, or suspension and expulsion, with regard to students.

    LEGAL REF.:        

    20 U.S.C. §1681 et seq., Title IX of the Educational Amendments of 1972.

    34 C.F.R. Part 106.

    105 ILCS 5/10-20.1210-22.55/27-1, and 5/27-23.7.

    775 ILCS 5/1-101 et seq., Illinois Human Rights Act.

    23 Ill.Admin.Code §1.240 and Part 200.

    Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999).

    Franklin v. Gwinnett Co. Public Schs., 503 U.S. 60 (1992).

    Gebser v. Lago Vista Independent Sch. Dist., 524 U.S. 274 (1998).

    West v. Derby Unified Sch. Dist. No. 260, 206 F.3d 1358 (10th Cir. 2000).

    CROSS REF.: 2:260 (Uniform Grievance Procedure), 5:20 (Workplace Harassment Prohibited), 7:10 (Equal Educational Opportunities), 7:180 (Prevention of and Response to Bullying, Intimidation, and Harassment), 7:185 (Teen Dating Violence Prohibited), 7:190 (Student Behavior), 7:240 (Conduct Code for Participants in Extracurricular Activities)

    ADOPTED: January 29, 2019