Sexual Harassment

Definition (FWISD Board Policy FNG): Engaging in conduct that constitutes sexual harassment or sexual abuse of a student, district employee or volunteer whether the conduct is by word or gesture of any other-sexual conduct, including requests for sexual favors.

By Others: Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the 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, hostile, or offensive educational environment
• Has the purpose or effect of substantially or unreasonably interfering with the students
academic performance; or Otherwise adversely affects the student's educational
opportunities.

By An Employee: Sexual harassment of a student by a District employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:
• A District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
• The conduct is so severe, persistent, or pervasive that it:
• Affects the student's ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student's educational opportunities; or
• Creates an intimidating, threatening, hostile or abusive educational environment.
• Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relationship between a student and a District employee is always prohibited, even if consensual.

Source: Student Welfare Freedom from Discrimination, Harassment, and Retaliation FFH (LOCAL)

How is Flirting Different from Sexual Harassment?
• People agree to flirt. Sexual harassment is forced talk that feels cruel, demeaning or threatening to a student or adult.
• Flirting feels like fun. Sexual harassment feels like an insult.
• Flirting is easy going and friendly. It makes people feel appreciated and liked.
• Sexual harassment is attention that is not wanted by at least one person because it feels rude, abusive and disrespectful.

Source: 1999 FWISD Zero Tolerance for Sexual Harassment

Characteristics or Signs of Sexual Harassment:
• Sexual advances
• Touching intimate body parts or coercing physical contact that is sexual in nature
• Jokes or conversations of a sexual nature
• Spreading rumors or talking disrespectfully about people's bodies, personal habits or sexuality

What to do if Sexually Harassed:
• Speak up for yourself. Say things like: "Don't talk to me like that!", "Stop asking me out.
• Write the harasser a letter that clearly tells him/ her to stop offensive behavior. Keep a copy.
• Keep a diary. Every time you are harassed, write down the time, date and behaviors.
• Report the harassment to your counselor or principal. Request in writing an investigation of your complaint. Keep a copy.
• Notice whether other students /people are also being sexually harassed on your campus either by your offender or someone else.
• Keep accurate notes of all conversations related to your sexual harassment situation and your complaint.

Source: 1999 FWISD Zero Tolerance for Sexual Harassment

FWISD Student Code of Conduct Consequences:
General misconduct identified will result in application of one or more discipline management techniques. Violations will be reported to the principal or other appropriate administrator who will notify the parent or guardian.

Level I - On Campus Intervention Program -A student may be placed in the OCI program for 6 successful school days for Sexual Harassment (Board Policy FNCJ) offenses committed on or within 300 feet of school property or while attending a school sponsored or school related activity. In some cases, the offense in this section may also meet the definition of conduct which warrants a suspension pending a Central Office Conference held at Department of Student Discipline and Placement to determine placement in a Level II Disciplinary Alternative Education Program.

Level II - Removal From Regular Education Setting - A student may be suspended pending a Central Office Conference or Hearing in the Student Discipline and Placement Department and placed in a Level II DAEP for 30 to 90 school days for Sexual Harassment (Board Policy FNCJ) or Assault (Board Policy FNCH) Dating Violence offenses committed on or within 300 feet of school property or while attending a school sponsored or school related activity. If the offense occurs in the last six weeks of the school year, the placement may extend into the first semester of the next year. The placement duration will be determined by the hearing officer.

Level III - Expulsion or Placement in Alternative Setting - A student may be suspended pending a Central Office Hearing in the Student Discipline and Placement Department and expelled to the JJAEP or DAEP for up to one calendar year for Serious and/or Persistent Misbehavior (Board Policy FO) while in DAEP including but not limited to 10. Sexual harassment of a student or district employee committed on school property or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property. If the offense occurs in the last six weeks of the school year, the placement may extend into the first semester of the next school year. The placement duration will be determined by the hearing officer.

SOURCE: FORT WORTH ISD “IT’S NOT OKAY” PROGRAM – SEXUAL HARASSMENT: http://www.fwisd.org/Page/2162