Sexual harassment includes any unwelcomed sexual advances, requests for sexual favors, and other inappropriate verbal, written, electronic, or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. A student shall not sexually harass another student or any school employee, volunteer, student teacher, or any other person present in school facilities or at school functions.
It is prohibited for any student, male or female, to harass another student by making unwelcomed sexual advances or requests for sexual favors, or engaging in other verbal, written, electronic, or physical conduct of a sexual nature when:
- Submission to or rejection of such conduct is used as a basis for academic decisions affecting the student or,
- Such conduct creates an intimidation, hostile or offensive working or learning environment, or
- Submission to such conduct is made either explicitly or implicitly a term or condition of the student's participation in school programs.
Examples of activities which could constitude sexual harassment include, but are not limited to:
- Unwelcomed leering, sexual flirtations, or propositions.
- Unwelcomed sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.
- Graphic comments about an individual's boy, or overly personal conversation.
- Spreading sexual rumors
- Inappropriate or suggestive sexual gestures
- Touching an individual's body or clothing in a sexual way
- Cornering or blocking of normal movements, or
- Displaying sexually suggestive objects in an educational environment.
Any student who believes that he or she has been subjected to sexual harassment by another student, teacher, administrator, adult or agent of Orangeburg Consolidated School District Four should file a complaint of the alleged act immediately with the school's designated Complaint Manager or direction to the District Superintendent. The Complaint Manager shall request that the complaint be in writing.
False charges of sexual harassment shall be treated as a serious offense, and those persons making false charges shall be subject to disciplinary action.
Harassment/Intimidation or Bullying
Harassment, intimidation, or bullying, like other disruptive or violent behacior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment. School administrators, faculty, staff and volunteers will demonstrate appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying. Persons who incite others to bully or who gather groups with the intent to bully shall be as guilty of the offensee as those who perform these acts.
Harassment, intimidation, or bullying means any gesture or written, verbal, electronic, emotional, or physical act that takes place on school property, at any school-sponsored function on or off school property, or on a school bus that:
- Is motivated by an actual or perceived characteristic such as raace, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or sensory disability, or
- By any other distinguishing characteristic: and
- A reasonable person should know, under the circumstances, that the act(s) will have the effect of harming a student or staff member or damaging the student's property, or placing a student in reasonable fear of harm to his person or damage to his property: or
- Has the effect of insulting or demeaning any student, group of students, staff member, or group of staff members in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school.
The principal or designee will receive complaints alleging violations of this regulation. All school employees are required to report alleged violations of this regulation to the principal or designee. All other members of the school community, including students, parents, volunteers, and visitors are encouraged to report any act that may be a violation of this regulation. Reports by students may be made anonymously, but disciplinary action may not be based solely on the basis of an anonymous report and will conform to the law and District policies regarding the process. Each school will provide students with a safe means of reporting incidents of harassment, intimidation, and bullying.
The principal or designee is responsible for determining if the alleged act constitutes a violation of this regulation. In doing so, the principal or designee will conduct a prompt, thorough, and complete investigation of the alleged incident.
The school district prohibits reprisal or retalliation against any person who reports an act of harassment, intimidation, or bullying. The consequence for any person who engages in reprisal or retalliation shall be determined by the superintendent after consideration of the nature and circumstances of the act in accordance with case law, federal and state statutes and regulations, and district policies and procedures. Should retalliation or reprisal take place outside the jurisdiction of the school district, the district will cooperate to the fullest with law enforcement authorities.
Consequences and appropriate remedial actions for a student found to have falsely accused another as a means of harassment, intimidation, or bullying range from positive behavior interventions up to and including suspensions and expulsions.
Consistent with district practices, parents/guardians have the right to appeal school level actions regarding harassment, intimidation, or bullying. The decision of the principal may be appealed to the Assistant Superintendent. The decision of the Assistant Superintendent may be appealed to the Board by written request for appeal within 10 days of receipt of the decision of the Assistant Superintendent.