Eugene School District 4J

Code: JBA/GBN-AR(1)

Revised/Reviewed: 4/21/09; 8/27/18; 10/14/21

Orig. Code: JBA/GBN-AR; G1140-G1170 

Sexual Harassment Complaint Procedure

Scope

This regulation provides guidance on procedures that apply when investigating sexual harassment complaints under Oregon law, including but not limited to ORS 342.704, and board policies JBA/GBN – Sexual Harassment (Students) and GBN/JBA – Sexual Harassment (Staff).

When the alleged conduct could meet both the definitions of sexual harassment in state law and Title IX, this procedure should be processed simultaneously with the Title IX Sexual Harassment Response and Complaint Procedure (JBA/GBN-AR(2) and GBN/JBA-AR(2)), to the extent consistent Title IX. Other policies, rules and procedures may also apply depending on individual circumstances.

Compliance Coordinator

The administrator of each school, and director of each department, is the compliance coordinator for that school or department, and is responsible for accepting and managing complaints of sexual harassment and reporting to district officials. District officials designated to coordinate the district’s efforts to comply with Oregon laws prohibiting sexual harassment are, for students, the Title IX Coordinator, and for employees, the Human Resources Director.  

Oregon Definition of Sexual Harassment

Under state law, sexual harassment includes any of the following:

1. A demand or request for sexual favors in exchange for benefits;

2. Unwelcome conduct of a sexual nature that is physical, verbal, or nonverbal and that:

• Interferes with a student’s educational activity or program;
• Interferes with an employee’s ability to perform their job; or
• Creates an intimidating, offensive or hostile environment.

3. Assault when sexual contact occurs without the person’s consent because the person is under the influence of drugs or alcohol, is unconscious, or is pressured through physical force, coercion or explicit or implied threats.

Procedures

1. Individuals are strongly encouraged to immediately report conduct they believe violates district policy against sexual harassment to the school administrator or department director. Students may also report concerns to a teacher, counselor or school nurse, who will promptly notify the school administrator or other appropriate district compliance coordinator. Reports may be oral or in writing. Sexual Harassment Complaint Procedure – JBA/GBN-AR(1) 1-4 2.
2. Any staff member who receives direct or indirect notice that this policy may have been violated shall immediately report the information to the school administrator or department director. Reports may also be made to the Title IX Coordinator at titleixcoordinator@4j.lane.edu (541-790-7558), the Human Resources Director, at eeo@4j.lane.edu (541-790-7668), or the Superintendent at 541-7907706.
3. Step 1 – School or Department Level Response. Upon receipt of a complaint or report that, the school, department or district compliance coordinator shall:
   1. Reduce the reported information to writing. Promptly initiate an investigation using the standards and procedures including those identified in policy JBA/GBN – Sexual Harassment.
   2. Consider all potentially applicable policies and laws, and notify the district Title IX Coordinator (students) or Human Resources Director (employees).
   3. Immediately make a child abuse report to Department of Human Services or law enforcement when circumstances trigger the employee’s mandatory reporting obligations.
   4. Notify the complainant or reporting person, any impacted person who is not a reporting person (if appropriate), each reported person, and where applicable the parents of a reporting person, impacted person, or reported person, when such investigation is initiated.  
   5. Issue the required written notice of rights as outlined under Oregon Procedures in Board policy JBA/GBN – Sexual Harassment.  
   6. Take interim measures necessary to ensure the impacted person is protected and to promote a nonhostile environment. This includes providing resources for support measures to the impacted person and taking any actions necessary to remove the potential future impact on the impacted person.  
   7. Arrange and conduct interviews and gather documentary evidence as may be necessary to determine the facts. The parties will have an opportunity to submit evidence and a list of witnesses.  
   8. Determine the facts and reduce all findings of the investigation to writing.
   9. Notify the parties in writing when the investigation is concluded and whether a violation of the policy was found to have occurred to the extent allowable by law within 30 days of receipt of the report or complaint.
   10. When harassment in violation of district policy is found to have occurred, the district will take appropriate and effective remedial action to address and stop sexual harassment, prevent its recurrence, and address its negative consequences. This may include but is not limited to:
       1. Discipline, correction and /or education of staff and students who engaged in harassment; or removal of third parties or notification to their school or employer; 
       2. Appropriate restorative action for the target of harassment, such as follow-up by administration, counseling, academic support or safety plans;
       3. As appropriate, identify and implement actions to rectify problems in a school or workplace climate, such as reaffirming the district policy against sexual harassment, providing increased notifications of policies and resources, and re-training and education.
   11. If the investigation does not substantiate a violation of the district’s sexual harassment policy but substantiates violation of another rule or policy, the school or district may take disciplinary action in accordance with the applicable code of conduct. 
   12. Maintain a copy of the required written notice(s) and the date and details of notification of the notice of investigation and results of the investigation, together with any other documentation related to the sexual harassment incident, including disciplinary action taken or recommended.
   13. Step 2 – Appeal. If a complainant or respondent is not satisfied with the district’s Step 1 response in resolving a complaint of sexual harassment falling under this procedure, they may file a formal appeal with the superintendent’s office, within ten calendar days of the written decision referred to above. The superintendent or designee shall have 30 days in which to review and provide a final district written response to the complaint, meeting the requirements of OAR 581-022-2370(4)(b). If a complainant or respondent is not satisfied with the final written response of the district, they may file an appeal with the Oregon Department of Education.

Other Considerations

1. The superintendent or designee may amend these procedures (including timelines) when the superintendent feels it is necessary for the efficient handling of the complaint. Notice of any amendments will be promptly provided to the parties.  
2. A person shall not be required to report prohibited conduct to the person alleged to have committed the conduct. If the complaint involves a school administrator or other compliance coordinator, it should generally be referred to the district Title IX Coordinator or Human Resources Director, but may be referred to the Superintendent’s office. If the complaint involves the Superintendent or an individual board member (other than the board chair), it should be referred to the board chair who will present the complaint to the board in executive session. Complaints against the board chair shall be brought to the vice chair of the board who will present the complaint to the board in executive session.
   1. If the board decides an investigation is warranted, it may refer the investigation to a third party.
   2. The board shall have 90 days in which to complete its investigation, decide what action if any is warranted, and provide a written notice to the parties that the investigation is concluded and whether a policy violation was found to have occurred to the extent allowable by law.
3. Direct complaints related to employment may be filed with the U.S. Department of Labor, Equal Employment Opportunity Commission or Oregon Bureau of Labor and Industries. Direct complaints related to educational programs and services may be made to the Regional Civil Rights Director, U.S. Department of Education, Office for Civil Rights, Region X, 915 2nd Ave., Room 3310, Seattle, WA 98174-1099. Civil and criminal remedies not provided by the school or district may be available through the legal system and such remedies may be subject to statutes of limitation.
4. Additional information about filing of a complaint or report of sexual harassment may be obtained through the compliance coordinator, district Title IX Coordinator, the Human Resources director or the Superintendent.
5. All documentation related to sexual harassment complaints may become part of the student’s education record or employee’s personnel file, as appropriate. Additionally, a copy of all sexual harassment complaints or reports and documentation will be maintained as a confidential file and stored in the district office. 
6. The superintendent shall report the name of any person holding a teaching license or registered with Teacher Standards and Practices Commission (TSPC) or participating in a practicum under Oregon Administrative Rule (OAR) Chapter 584, Division 17, when, after appropriate investigation, there is reasonable cause to believe the person may have committed an act of sexual harassment. Reports shall be made to TSPC within 30 days of such a finding. Reports of sexual contact with a student shall be given to a representative from law enforcement or Oregon Department of Human Services, as possible child abuse.