PROHIBITION OF HARASSMENT AND VIOLENCE
The Barnum Public Schools maintain an education and employment environment that is free from sexual, gender, racial or religious harassment or violence. Harassment and violence, as defined in this policy, is prohibited by National and State law as well as by School District policy. This policy is violated if any student, employee, agent, volunteer or any other persons subject to the supervision and control of the School District engages in unlawful behavior through either conduct or communication of a sexual nature or regarding gender, race or religion. It is also a violation of School District policy to inflict, threaten to inflict or attempt to inflict sexual, gender, racial or religious violence upon any student, employee, visitor, volunteer or another person.
The School District is obligated by law to investigate all complaints, formal or informal, verbal or written, of sexual, gender, racial or religious harassment, violence, hazing and to discipline and take appropriate action against anyone found to have violated this policy. The School District has written procedures for reporting and investigating all harassment and violence complaints. This Student Rights and Responsibilities Code provides for appropriate disciplinary action based on the results of these investigations.
This policy statement does not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under State criminal statutes and/or federal law.
Sexual harassment is a form of sex discrimination that violates the U.S. Civil Rights Act and the Minnesota Human Rights Act. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:
- submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or retaining employment.
- submission to or rejection of that conduct or communication is used as a factor in decisions that affect education or employment.
- that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s education or employment, or creating a demeaning or hostile educational or employment environment.
Sexual violence is a physical act of aggression or threat of aggression that involves the touching of another individual’s intimate parts or forcing a person to touch any person’s intimate parts. Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse under Minnesota Statute 609.341. subd. 10 through 609.345; Minnesota Statute 609.321-609.324; or Minnesota Statute 626.556 Reporting of Maltreatment of Minors. Nothing in this policy shall prohibit the School District from taking immediate action to protect victims of alleged sexual abuse.
Gender, racial and religious harassment consists of physical, written or verbal conduct or communication that is demeaning or hostile to an individual’s gender, race or religion when the conduct or communication:
- has the purpose or effect of creating a demeaning or hostile employment or educational environment.
- has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance.
- otherwise adversely affects an individual’s employment or educational opportunities.
Gender, racial or religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, gender, race or religion.
District No. 91 complies with State and federal laws prohibiting discrimination, including Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1991.
No person protected by these laws shall, on the grounds of race, color, national origin, creed, religion, sex, marital status, age, disability or status with regard to public assistance, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any educational program or activity operated by the School District.
The superintendent develops and implements programs and processes.
Students are responsible for reporting to their principal any evidence of discrimination on the basis of sex, race, age or disability in the School District.
The Title IX Grievance Process: Any School District student who believes he/she is the victim of discrimination on the basis of sex in violation of Title IX may file a formal grievance in writing with the School District’s compliance officer. The grievance must be filed within seven calendar days of the alleged discriminatory act or conduct or the grievance will be waived.