FILE: JCEA
STUDENT RELATED SEXUAL MISCONDUCT
The Lafayette Parish School Board disapproves of and does not tolerate sexual misconduct by employees to students, by students to employees, or by one student to another student. No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual misconduct does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and therefore interferes with the purposes of the employee and/or student in the academic, extracurricular, and co-curricular atmosphere, but that does not rise to the level of sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexually related misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes, or overtures of a sexual nature.
COVERAGE
This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the Lafayette Parish School System. It applies at school, school sponsored events on or off school grounds, and in situations which are related to operations of the school.
COMPLAINT PROCEDURE
Complaints of sexual misconduct which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school or other designated administrative personnel. Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Supervisor of Child Welfare and Attendance or his/her designee or the Title IX Coordinator. The complaint need not be in writing, but students are encouraged to do so. Such reports should include the nature of the complaint, recording the specific alleged act(s) which constitute the misconduct, the person or persons who the complainant alleges committed the misconduct, witnesses to the alleged act(s), and the date and time of the alleged act(s).
After notification of the complaint, an informal but thorough, confidential investigation shall immediately be initiated to gather all facts about the complaint. Generally, sexual misconduct complaints submitted to the principal shall be investigated by the principal or his/her designee. However, the Superintendent shall have the authority to appoint another employee to conduct any such investigation when warranted. Should a more formal investigative process be advised, then the investigation may proceed in accordance with the procedures outlined in policy JCDAF, Bullying and Hazing.
After the investigation has been completed, a written determination shall be made regarding the resolution of the complaint. If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee or expulsion of a student. Any disciplinary action taken shall be maintained as any other employee or student disciplinary action or violation.
If the student is not satisfied with the investigation or action taken, he/she may send a written request for review to the Director of Child Welfare and Attendance. The request shall be made within ten (10) days following receipt of the written determination.
SUSPECTED CHILD ABUSE
If the victim of the alleged sexual misconduct is a minor student and if the alleged misconduct falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations shall be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting shall be made in addition to any procedures for handling sexual misconduct complaints.
NONRETALIATION
Retaliation against any employee or student who brings sexual misconduct charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual misconduct complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against, or punished because of the complaint.
| Adopted: June 6, 1993 | Revised: December 7, 2011 |
| Revised: December 16, 1993 | Revised: October 7, 2015 |
| Revised: December 16, 1998 | Revised: September 9, 2020 |
Ref: 20 USC 1681 et seq. (Title IX of the Education Amendments of 1972)
42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Sexual Harassment)
La. Rev. Stat. Ann. ยงยง14:41, 14:42, 14:42.1, 14:43, 17:81
Board minutes, 6-16-93, 12-16-93, 12-16-98, 12-7-11, 10-7-15, 9-9-20
Lafayette Parish School Board