HARASSMENT BASED UPON SEX, RACE, COLOR, NATIONAL ORIGIN  AND DISABILITY

Everyone who works and learns in The School District of Lee County has a right to feel respected and safe. A harasser may be a student or an adult. Harassment may include the following when related to sex, race, national origin, or disability:

Sexual Harassment:

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when submission to that conduct is used as a factor in decisions concerning educational opportunities, awards, grades, and other opportunities provided by the School District. Examples of conduct which may constitute sexual harassment include:

·         touching oneself sexually or talking about one’s sexual activities in front of others;

·         coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;

·         sexually dirty jokes or gestures;

·         graffiti of sexual nature or notes and cartoons of a sexual nature;

·         forcing or attempting  to coerce or force sexual intercourse or a sexual act on  another person;

·         unwelcome touching, patting, pinching, or physical contact other than necessary restraining of pupil(s) by school personnel to avoid physical harm to persons or property;

·         offensive or graphic posters or book covers;

·         violent acts, or

·         unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status.

Harassment because of race or color:

Racial harassment of a student consists of verbal or physical conduct relating to an individual’s race or color, when:

1.        the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;

2.        the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

3.        the harassing conduct otherwise adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of race or color include:

·         graffiti containing racially offensive language;

·         name calling, jokes, or rumors;

·         threatening or conduct directed at another because of the other’s race or color;

·         notes or cartoons;

·         racial slurs, negative stereotypes, and hostile acts which are based upon another’s race or color;

·         written or graphic material containing racial comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

·         a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race, or color;

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color.

Harassment based upon National Origin or Ethnicity:

Ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual’s ethnicity or country of origin or the country of origin of the individual’s parents, family members or ancestors when

1.        the harassing conduct is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2.        the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individuals work or academic performance, or

3.        the harassing conduct otherwise adversely affects an individual’s learning opportunity.

Examples of conduct which may constitute harassment because of national origin or ethnicity include:

·         graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity;

·         threatening or intimidating conduct directed at another  because of the other’s national origin or ethnicity;

·         jokes, name calling, or rumors based upon an individual’s national origin or ethnicity;

·         ethnic slurs, negative stereotypes, and hostile acts which are based upon another’s national origin or ethnicity;

·         written or graphic material containing ethnic comments  or stereotypes  which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

·         a physical act of aggression or assault upon another because of, or in a manner  reasonably related to, ethnicity or national origin;

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by national origin or ethnicity.

Harassment because of disability:

Harassment because of the disability of a student consists of verbal or physical conduct relating to an individual’s physical or mental impairment when:

1.        the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2.        the harassing conduct has the purpose of substantially or unreasonably interfering with an individual’s work or academic performance.; or

3.        the harassing conduct otherwise adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of disability include:

·         graffiti containing offensive language which is derogatory to others because of their physical or mental disability;

·         threatening or intimidating conduct directed at another because of their physical or mental disability;

·         jokes, rumors, or name calling based upon an individual’s physical or mental disability;

·         slurs, negative stereotypes, and hostile acts which are based upon another’s physical or mental disability;

·         graphic material containing comments  or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

·         a physical act of aggression or assault upon another because of, or in a manner reasonably related to an individual's physical or mental disability;

·         other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability.

If any words or actions make you feel uncomfortable or fearful, you need to tell a teacher, counselor, the principal, or the equity coordinator.

You may also make a written report. It should be given to a teacher, counselor, the principal, or the equity coordinator.

Your right to privacy will be respected as much as possible.

We take seriously all reports of sexual harassment and harassment based upon race, color, rational origin, and disability, and will take all appropriate action to investigate such claims to eliminate that harassment and to discipline any persons found to have engaged in such conduct.

The School District will also take action if anyone tries to intimidate you or take action to harm you because you made such a report.

SEXUAL HARASSMENT AND HARASSMENT BASED ON RACE, COLOR, NATIONAL ORIGIN AND DISABILITY ARE AGAINST THE LAW.  DISCRIMINATION BASED ON RACE, COLOR AND NATIONAL ORIGIN  IS AGAINST THE LAW.

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Last Modified:  10/06/05