Student Handbook: XIII – Sexual Harassment Policy for De La Salle High School

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SECTION XIII
SEXUAL HARASSMENT POLICY FOR
DE LA SALLE HIGH SCHOOL



PURPOSE

Sexual harassment is an invidious, predatory offense that undermines the morale of any institution, and is especially harmful in an institution of learning such as De La Salle High School whose mission is to provide a religious, academic, and disciplined education in the 300¬year-old Lasallian Tradition of the Christian Brothers. All members of the De La Salle High School family, including administration, faculty, parents, students and support staff, share in a duty to eliminate sexual harassment wherever it exists.

Sexual harassment is not about sex. Sexual harassment is an assertion of power. Sexual harassment is the use of sex as an instrument of domination, and may take the form of verbal abuse, indecent suggestions, propositions, and request for sexual favors, demands for intercourse, physical touching and rape.

While all unwelcome conduct of a discriminatory nature may not rise to the level of constituting illegal harassment, the policy of De La Salle seeks to prevent all such conduct, and seeks to prevent all discriminatory conduct against members of the campus community based on race, color, gender, age, national origin, citizenship, disability, or veterans’ status.

 

DEFINITION

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission is explicitly or implicitly a condition of education, or participation in any program or event at De La Salle High School; or
  2. Submission is a basis for decisions affecting education, grade, or status at De La Salle High School; or
  3. Such conduct to a reasonable harassed person has the purpose or effect of unreasonably interfering with an individual’s academic, professional, or work performance; or,
  4. Such conduct to a reasonable harassed person has the purpose or effect of creating an intimidating, hostile and offensive employment or educational environment.

 

FORMS OF HARASSMENT

Sexual harassment can take the form of oral or written communication (e.g., comments, propositions, sexual jokes, innuendoes, insults, or threats), non-verbal communication (e.g., suggestive sounds or gestures), or physical actions (e.g., touching, rubbing, leering, fondling, or coerced sexual relationships).

 

NOTE: Not all of these actions in and of themselves are always considered sexual harassment. If these actions are severe and pervasive and are harassing as determined by a reasonable person, then a given behavior may constitute sexual harassment. The alleged harasser’s intent is not a defense. (See paragraph “E” of this section.)



TWO FORMS OF SEX-BASED HARASSMENT IN A SCHOOL SETTING

1. Sexual harassment consisting of sexual conduct.

2. Gender harassment consisting of nonsexual but sex-based harassing conduct.

 

EXAMPLE: Harassing conduct that is not sexual but that nonetheless arises from intent to discriminate on the basis of gender. (e.g., violent and derogatory behavior by males directed exclusively at females because of their gender)

 

HOW SEXUAL HARASSMENT MAY OCCUR – ILLUSTRATIVE EXAMPLES

Sexual harassment may occur between administration, faculty or staff, on the one hand, and students on the other or between students and other students. Sexual harassment may occur between persons of the opposite or the same sex. Sexual harassment may occur between persons of the same or dissimilar positions of power/ authority. In any event, all sexual harassment is reprehensible and subject to disciplinary measures.

Two specific forms of sex-based harassment against students:

  1. Sexual advances, requests for sexual acts, or other verbal or physical conduct of a sexual nature constitutes harassment when it makes submission to such conduct either explicitly or implicitly a condition of a student’s advancement, or uses submission to or rejection of such conduct by a student as the basis for evaluating or grading a student.
  2. Intimidating, threatening, or offensive verbal or physical conduct based on sex constitutes harassment when such conduct interferes with a student’s education.

 

REPORTING

All persons with knowledge of an incident of sexual harassment must report the incident at the earliest possible opportunity.

  1. Students must report incidents of sexual harassment to any member of the faculty or staff.
  2. Parents must report incidents of sexual harassment to the Administration.
  3. Incidents of sexual harassment involving the President of the school must be reported to the President of De La Salle’s local governance corporation board
  4. Every person receiving a report of sexual harassment is charged with keeping the information in strictest confidence. Care must be taken to preserve any physical evidence and memoranda of all meetings.

 

SANCTIONS – (illustrative examples):

Depending on the severity of the offense, illustrative examples of sanctions for violations of De La Salle’s sexual harassment policy by administration, faculty, or employees are

  • Attending a workshop explaining how adherence to De La Salle’s mission statement assures compliance with federal and state laws prohibiting sexual harassment, or sensitivity training in gender equity;
  • Mandatory completion of a contractual remediation program specifically addressing the issues associated with the sexual harassment violations;
  • Suspension without pay;
  • Termination.

Depending on the severity of the offense, illustrative examples of sanctions for violations of De La Salle’s sexual harassment policy by students are discipline and/or dismissal from De La Salle High School.

 

EXAMPLES OF SEXUAL HARASSMENT

• Referring to an adult as girl, hunk, babe or honey.

• Whistling at someone, making cat calls or kissing sounds.

• Turning work discussions to sexual topics.

• Making sexual comments about a person’s body.

• Making sexual innuendos.

• Telling sexual jokes or stories.

• Asking about sexual fantasies, preferences or history.

• Repeatedly asking out a person who is not interested.

 

NON-VERBAL:

• Looking a person up and down (elevator eyes).

• Staring at someone.

• Blocking a person’s path.

• Giving personal gifts.

• Having sexually suggestive materials at the workplace – (posters, calendars, etc.)

• Making facial expressions, winking, throwing kisses, licking lips.

• Making sexual gestures with hands or through body movements.

 

PHYSICAL:

• Touching a person’s clothing, hair or body.

• Constantly hanging around a person.

• Hugging, patting, kissing or stroking.

• Touching or rubbing oneself sexually around another person.

• Standing close or brushing up against another person.

 

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