SEXUAL HARASSMENT OF STUDENTS
The Board of Education of the Phoenix Central School District is committed to safeguarding the right of all students within the District to learn in an environment that is free from all forms of illegal sexual harassment. Sexual harassment of students can originate from a person of either sex against a person of the opposite or same sex, and from students as well as employees, Board members, or any individual who foreseeably might come into contact with students on school grounds or at school sponsored activities. When an alleged sexual harassment occurs and the District knows about it, immediate and appropriate corrective action shall be taken.
A. Sexual harassment of students constitutes prohibited sex discrimination and is defined as “unwelcome
sexual advances, request for sexual favors, and other verbal and physical conduct of a sexual nature” when:
1. Submission to such conduct is made either explicitly or implicitly a condition of a student’s
advancement, or the evaluation of a student’s performance or grades, or a student’s participation in
school programs or activities; or
2. Submission to or rejection of such conduct by a student is used as the basis for decisions affecting
the student’s education; or
3. Such conduct has the purpose or affect of unreasonably interfering with a student’s education,
participation in school programs or activities; or
4. Such conduct creates an offensive, abusive or hostile environment.
B. The following, although not meant to be all-inclusive, are examples of unwelcome behaviors, which may,
under certain circumstances, constitute sexual harassment:
1. Unwelcome Verbal Conduct
(a) sexual advancements or propositions;
(b) sexual innuendos, or suggestive comments or telephone calls;
(c) sexual jokes;
(d) verbal threats of a sexual nature;
(e) demands for sexual activity;
(f) whistling or obscene gestures of a sexual nature;
(g) sexually degrading words to describe an individual or an individual’s body.
(h) Spreading rumors about or rating other students as to sexual activity and/or performance.
2. Unwelcome Non-Verbal Conduct
(a) displaying sexually suggestive pictures or objects;
(b) sexually suggestive gestures.
3. Unwelcome Physical Contact
(a) unwelcome physical contact, including touching, pinching, or brushing against the student
(b) any type of coerced sexual activity, assault or attempted assault.
C. Informal Complaint
(1) an informal complaint is regarded as a verbal request from the complainant for assistance from the
administration to address situation(s) that may constitute sexual harassment without completing and
filing a written complaint form.
D. Formal Complaint
(1) a formal complaint is regarded as a written request from the complainant for assistance from the
administration to address situation(s) that may constitute sexual harassment submitted on a
completed Sexual Harassment Formal Complaint Form.
A. Designation of Coordinator – The Board of Education hereby designates the District’s Title IX Coordinator to
carry out and monitor the District’s responsibilities for addressing allegations of sexual harassment against
students. In addition, the Board designates the Superintendent of Schools for insuring compliance with this
policy so that students who believe they have been subjected to sexual harassment have a second avenue of
complaint, if the alleged harasser is the Title IX Coordinator.
B. Notices – The Superintendent of Schools shall notify all students and employees of the name, office address
and telephone number of the Title IX designee(s). In addition, the Board has established grievance
procedures that provide for the prompt investigation and equitable resolution of student sexual harassment
The Superintendent of Schools shall implement specific and continuing steps to notify students, parents,
employees, and prospective students of the existence of this policy and that the District does not discriminate
on the basis of sex in the educational programs or activities which it operates.
C. Confidentiality – All reports of sexual harassment will be held in confidence, subject to all applicable laws and
any relevant provisions found in the District’s policy manual and collective bargaining agreements.
D. Reports of Student Sexual Harassment – Consistent with federal and state law, and all applicable provisions
contained in the District’s policy manual and collective bargaining agreements, the following procedures shall
be employed in handling any report, investigation and remedial action concerning allegations of sexual
Students who believe they have been subjected to sexual harassment are to report the incident to the Title IX
Coordinator, building administrator or the Superintendent of Schools as described above. The Title IX
Coordinator shall notify the Building Principal and the Superintendent of all complaints. The student can
pursue his/her complaint informally or file a formal complaint.
E. Investigation of Complaint – Upon receipt of a formal or informal complaint, a prompt, thorough and impartial
investigation of the allegations will follow. This investigation is to be conducted diligently. Any and all
witnesses may be interviewed, witnesses will be sequestered whenever possible. Complainants are to be
notified of the outcome of the investigation.
F. Informal Complaints – In addition to notification to the Title IX Coordinator or the Superintendent of Schools as
described above, students who believe they have been subjected to sexual harassment may request that an
informal meeting be held between himself or herself and the Building Principal, or Superintendent, or a
Superintendent’s designee. Parents or guardians of the student shall be notified of their right to attend any
subsequent interview with their child. The purpose of such a meeting will be to discuss the allegations or
remedial steps available.
The Building Principal, Title IX Coordinator, Superintendent or his/her designee will then promptly discuss the
complaint with the alleged harasser. The alleged harasser shall be informed of his/her right to representation
by counsel. In addition, the alleged harasser’s parent or guardian shall be notified of their right to attend the
interview with their child. Should the alleged harasser deny the allegations, the Building Principal,
Superintendent, or his/her designee is to inform the complainant of the denial and request a formal written
complaint to file with his/her report to the next level of management on what has transpired to date. If the
complainant submits a formal complaint, a copy of the complaint shall accompany the Building Principal’s,
Superintendent’s, or his/her designee’s report with a recommendation for further action.
Should the harasser admit the allegations, the Building Principal, Superintendent, or his/her designee is to
obtain a written assurance that the unwelcome behavior will stop. Depending upon the severity of the
charges, as per the Code of Conduct, the Building Principal, Superintendent, or his/her designee will prepare
a written report of the incident and inform the complainant of the resolution. The complainant is to indicate on
the report whether or not he/she is satisfied with the resolution.
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the complaint
may be reopened for investigation if a recurrence of sexual harassment is reported. The Building Principal,
Superintendent, or his/her designee is to inform the complainant to report any recurrence of the harassment
or any retaliatory action that may occur. Should the complainant be dissatisfied with the resolution, he/she is
to file a formal written complaint.
If during the Building Principal’s, Superintendent’s, or his/her designee’s informal attempt to resolve the
complaint, the alleged harasser admits the allegations, but refuses to give assurance that he/she will refrain
from unwelcome behavior, the Building Principal, Superintendent, or his/her designee shall file a report with
the next appropriate level in the complaint procedure. The report is to indicate the nature of the complaint, a
description of what occurred when the Building Principal, Superintendent, or his/her designee informed the
alleged harasser of the allegations against him/her, the harasser’s response to the allegations, and a
recommendation that stronger corrective measures be taken. This report should be accompanied by the
student’s formal complaint.
G. Formal Complaints – Formal complaints may be submitted either to initially report any incident of sexual
harassment, or as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In
the latter case, the formal written complaint is to be submitted to the Building Principal, Superintendent, or
his/her designee originally consulted, who will then forward it to the next appropriate level of management, e.g.
the Superintendent or the Board of Education, for appropriate action.
The formal written complaint will consist of any appropriate forms and a copy of any applicable Building
Principal or Superintendent reports. The appropriate forms solicit the specifics of the complaint, e.g. date and
place of incident, description of sexual harassment, names of any witnesses, and any previous action taken to
resolve the matter.
The Superintendent or the Board shall take immediate, appropriate and corrective action upon a determination
of sexual harassment. The Superintendent or the Board shall notify the complainant of any findings and action
H. Remedial Action – If the investigation reveals that sexual harassment has occurred, appropriate sanctions will
be imposed in a manner consistent with any applicable law, District policies and regulations, and
collective bargaining agreements. Depending on the gravity of the misconduct, sanctions may range from
a reprimand up to and including dismissal of an employee or suspension of a student for at least three (3)
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary
action in the manner prescribed by law and consistent with any applicable provisions in the District’s policy
manual or collective bargaining agreements.
If the investigation reveals that no sexual harassment has occurred, or if the complainant is not satisfied with
the remedial action taken after a finding of sexual harassment, the complainant may appeal to the next
appropriate level of management in the complaint procedure, e.g., the Superintendent or the Board of
Education through the District Clerk. The appeal must include a copy of the original complaint, all relevant
reports, specific action being appealed, and an explanation of why the complainant is appealing.
I. Post Remedial Action – Following a finding of harassment, victims will be periodically interviewed by the
appropriate Building Principal or Superintendent to insure that the harassment has not resumed and that no
retaliatory action has occurred. In the discretion of the District, these follow up interviews will continue for an
appropriate period of time. A report will be made of any victim’s response.
J. Complaint Records – Upon written request, complainants should receive a copy of any resolution reports filed
by the Building Principal or Superintendent concerning his/her complaint. Upon substantiation, copies shall
also be filed with the student or employment records of both the complainant and the alleged harasser.
K. Investigation in the Absence of a Complaint – The Board will, in the absence of victim’s complaint, insure that
the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any sexual
harassment, commence an investigation.
PHOENIX CENTRAL SCHOOL DISTRICT
SEXUAL HARASSMENT FORMAL COMPLAINT FORM
Name and position of complainant: ____________________________________
Date of complaint: _________________________________________________
Name of alleged harasser ___________________________________________
Date and place of incident ___________________________________________
Description of misconduct ___________________________________________
Name of witnesses (if any) __________________________________________
Has the incident been reported before: _________________________________
If yes, when and to whom? __________________________________________
What was the resolution? ___________________________________________
Reasons for dissatisfaction __________________________________________
Received by: ___________________________ Date _____________
Original Informal? (Circle one) Yes No
If the original complaint was informal, attach all relevant reports and other documents.
PHOENIX CENTRAL SCHOOL DISTRICT
SEXUAL HARASSMENT COMPLAINT APPEAL FORM
Name and position of complainant _____________________________________
Date of Appeal ____________________________________________________
Date of original complaint ___________________________________________
Have there been any prior appeals? ___________________________________
If yes, when and to whom ___________________________________________
Description of decision being appealed _________________________________
Why is the decision being appealed? _________________________________
Received by: ___________________________ Date _____________
Attach any and all relevant documentation referencing this matter.
Adoption date: January 1, 1993
Reviewed on: July 14, 2008