Shelby County Board of Education 6046 Issued Date: 02/24/11 Revised: 07/27/11; 06/11/13; 07/15/14 10/25/16, 07/28/20 HARASSMENT, SEXUAL HARASSMENT, DISCRIMINATION, INTIMIDATION, BULLYING OR CYBERBULLYING I. PURPOSE To prohibit harassment, sexual harassment, discrimination, bullying, intimidation, and cyber- bullying and outline guidelines for identifying, addressing and disciplining student harassment, sexual harassment, discrimination, bullying, intimidation, or cyber-bullying. II. SCOPE This policy applies to all Shelby County Schools students and district employees, and other third parties as it relates to interactions with or between students. III. DEFINITIONS Tennessee Code Annotated Harassment, intimidation, bullying or cyberbullying1 - acts that substantially interfere with a student's educational benefits, educational opportunities, or educational performance, and: 1. If the act takes place on school grounds, at any school-sponsored activity, on school- provided equipment or transportation, or at any official school bus stop, the act has the effect of: a. Physically harming a student or damaging a student's property; b. Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student's property; c. Causing emotional distress to a student or students; or d. Creating a hostile educational environment. 1 Cyberbullying means bullying undertaken through the use of electronic devices. “Electronic devices” includes, but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants, computers, electronic mail, instant messaging, text messaging and websites. Page 1 of 15 Or 2. If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at a student or students and has the effect of creating a hostile educational environment or otherwise creating a substantial disruption to the educational environment or learning process. Title IX of the Education Amendments of 1972 (Title IX) specific definitions Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Consent is: • Informed - A person must understand the who, what, when, where and nature of the activity. • Active - Verbal or nonverbal actions that clearly show willingness to participate in the activity. • Voluntary - Consent is freely given without the use of force, coercion, manipulation, or threats. • Ongoing - A person can revoke consent at any time, even during the occurrence of an act. • A person cannot give consent if they: o Are incapacitated from voluntary or involuntary drug or alcohol use; o Are asleep or unconscious; o Have a physical, developmental, or cognitive difference that prevents them from understanding what is happening; or o Are a minor who, under state law, is below the minimum age to consent to sexual activity under the circumstances, even if the minor welcomed the sexual activity. Discrimination means unlawful treatment, including harassment and sexual misconduct, toward an individual based on classifications protected by state and federal laws which includes but is not limited to discrimination based on sex, gender identity/expression, sexual orientation, or gender expression. Formal Complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment. The formal complaint must contain the complainant’s physical or digital signature. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail. Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. Page 2 of 15 Sexual harassment means conduct on the basis of sex that satisfies one or more of the following: I. An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; II. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or III. Activity that meets the following definitions of sexual assault, dating violence, domestic violence, or stalking: A. ‘‘Sexual assault’’ which means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Specifically, these are offenses that meet the definition of rape, fondling, incest, or statutory rape. Sexual assault includes: 1. Rape, defined as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 2. Fondling, defined as the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity. 3. Incest, defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 4. Statutory rape, defined as sexual intercourse with a person who is under the statutory age of consent. B. ‘‘Dating violence” which means violence committed by a person 1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2. where the existence of such a relationship shall be determined based on a consideration of the following factors: a) The length of the relationship. b) The type of relationship. c) The frequency of interaction between the persons involved in the relationship. C. ‘‘Domestic violence’’ which includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. or Page 3 of 15 D. “Stalking” which means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- 1. fear for his or her safety or the safety of others; or 2. suffer substantial emotional distress. Sexual harassment includes but is not limited to: 1. Conduct that has the purpose or effect of having a negative impact on the student’s academic performance or of creating an intimidating, hostile, or offensive educational environment. 2. Submission to the conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress. 3. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student. 4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity. 5. Unwelcome leering, sexual flirtations, or propositions. 6. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions. 7. Graphic verbal comments about an individual’s body, unwanted sexual comments or questions, or overly personal conversation. 8. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature. 9. Spreading sexual rumors. 10. Teasing or sexual remarks about students enrolled in a predominantly single-sex class or activity. 11. Unwanted massaging, grabbing, fondling, stroking, or brushing the body. 12. Touching an individual’s body or clothes in a sexual way. 13. Impeding or blocking an individual’s movements or any physical interference with school activities when directed at an individual on the basis of sex or gender expression. 14. Displaying sexually suggestive objects. 15. Electronic communications containing comments, words, or images described above, including interactions and posts on social media. 16. Harassment based on gender identity, gender expression, transgender status, stereotypical ideas of gender or a failure to conform to gender stereotypes. Supportive Measures means non- disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures