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502.5

Harassment

I. General Statement of Policy

The Cedar Rapids Community School District Board of Education is committed to maintaining a learning environment that is free from harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information. The District prohibits any and all forms of harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

It shall be a violation of this regulation for any teacher, administrator, or other school personnel of the District to harass a teacher, administrator, or other school personnel through conduct or communication of a sexual nature or regarding an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, as defined by this policy. For purposes of this regulation, school personnel include Board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.

It shall also be a violation of this regulation for any teacher, administrator or other school personnel of this District to tolerate sexual harassment or harassment because of an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information by a teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaging in activities under the direction of the District. Any teacher, administrator, or other school personnel who has knowledge or belief that an individual has or may have been the victim of prohibited harassment is required to immediately report the alleged acts to an appropriate District official designated by this policy. Failure to report the harassing conduct could result in discipline, up to and including termination, for the teacher, administrator, or other school personnel who failed to report.

The District will act to promptly investigate all complaints, either formal or informal, verbal or written, of harassment and to promptly take appropriate action to protect individuals from further harassment. If the District determines that unlawful harassment has occurred, it shall promptly and appropriately discipline any teacher, administrator or other school personnel who is found to have violated this regulation, up to and possibly including termination, and/or take other appropriate action reasonably calculated to end the harassment.

II. Definitions

A. Sexual Harassment: Sexual harassment consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal, physical, or written conduct or communication of a sexual nature when:

  1. submission to that conduct or communication by an individual is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;
  2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment; or
  3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment environment.

Examples of conduct that may constitute sexual harassment may include, but are not limited to:

  1. unwelcome verbal harassment or abuse, or unwelcome written harassment or abuse, including through the Internet or e-mail;
  2. unwelcome sexual advances or pressure for sexual activity;
  3. unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact, other than necessary restraint of students by teachers, administrators or other school personnel to avoid physical harm to persons or property;
  4. Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment status or implied or overt promises of preferential treatment with regard to an individual’s employment status;
  5. unwelcome behavior or words directed at an individual because of gender;
  6. coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;
  7. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;
  8. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another;
  9. graffiti of a sexually offensive nature;
  10. sexual gestures or jokes; or
  11. spreading rumors about or rating other individuals as to sexual activity or performance.

B. Harassment: Other forms of harassment consist of physical, verbal, or written conduct relating to an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information when the conduct:

  1. has the purpose or effect of creating an intimidating, hostile or offensive employment environment;
  2. has the purpose or effect of substantially or unreasonably interfering with an individual’s employment performance; or
  3. otherwise adversely affects an individual’s employment opportunities.

Examples of conduct that may constitute harassment based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information include, but are not limited to:

  1. threatening or intimidating conduct directed at others because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, including through the Internet or e-mail;
  2. slurs, negative stereotypes and hostile acts based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
  3. graffiti containing offensive language that is derogatory to others because of their age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
  4. written or graphic material containing comments or stereotypes which is posted or circulated (including through e-mail or the Internet) and which is aimed at degrading individuals because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information; or
  5. a physical act of aggression or assault upon another because of, or in a manner reasonably related to, the individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

III. Reporting Procedures

Any individual who believes he or she has been the victim of harassment by a teacher, administrator or other school personnel of the District, or by any other person who is participating in, observing, or otherwise engaging in activities under the direction of the District, is encouraged to report the alleged act immediately to the individual’s building principal or the District’s Executive Director of Human Resources. Formal complaints and informal reports of conduct constituting sexual harassment will also be referred to the Title IX Coordinator and handled pursuant to the provisions of Procedure 102c.

Any teacher, administrator, or other school personnel who has knowledge or belief that an individual has or may have been the victim of prohibited harassment is required to immediately report the alleged acts to the individual’s building principal or the District’s Executive Director of Human Resources. Failure to report the harassing conduct could result in discipline, up to and including termination, for the teacher, administrator, or other school personnel who failed to report.

Any other person with knowledge or belief that an individual has or may have been the victim of prohibited harassment is encouraged to immediately report the alleged acts to the appropriate building principal or the District’s Executive Director of Human Resources.

The District encourages the reporting party or complainant to use the report form available from the principal of each building and available from the District office, but oral reports shall be considered complaints as well. Nothing in this regulation shall prevent any person from reporting harassment or violence directly to the District’s Executive Director of Human Resources.

The Board hereby designates the Executive Director of Human Resources as the individual responsible for identifying, investigating, preventing, and remedying harassment within the District. The District shall conspicuously post the name of the Executive Director of Human Resources, including mailing addresses and telephone numbers.

IV. Investigation Procedures

By authority of the Board, the Executive Director of Human Resources, upon receipt of a report or complaint alleging prohibited harassment, shall immediately undertake or authorize an investigation. The investigation may be conducted by District officials or by a third party designated by the District.

The District may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of an investigation of alleged harassment.

The investigation will be completed as soon as practicable. The investigator shall make a written report to the Executive Director of Human Resources or designee upon completion of the investigation, which shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this regulation. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

V. District Action

The District will take appropriate action following a finding that a violation of this regulation has occurred. Such action may include, but is not limited to: warning, suspension, exclusion, expulsion, transfer, remediation, reprimand, termination or discharge, counseling, training, or mentoring. District action taken for violation of this regulation will be consistent with requirements of applicable collective bargaining agreements, state and federal law, and District policy.

VI. Prohibition on Retaliation

Retaliation against an individual, because the individual has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding, is prohibited. Any teacher, administrator, or other school personnel shall not engage in reprisal, retaliation, harassment, or false accusation against a victim, witness, or an individual who has reliable information, about such an act of harassment. The superintendent/designee has the right to discipline individuals who knowingly file false harassment complaints or otherwise act in bad faith during a complaint/investigative process. An individual who is found to have retaliated against another in violation of this regulation will be subject to disciplinary action, up to and possibly including termination.

VII. Right to Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121, or the U.S. Department of Education, Office for Civil Rights, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661-4544, (312) 730-1560. Any inquiry or complaint to a state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

Legal References: 20 U.S.C. §§ 1221-1234i (2004).
29 U.S.C. § 794 (1994).
42 U.S.C. §§ 2000d-2000d-7 (2004).
42 U.S.C. §§ 12001 et. seq. (2004).
Senate File 61, 1st Regular Session, 82nd General Assembly, (2007).
Iowa Code §§ 216.9; 280.3 (2013).
281 I.A.C. 12.3(6).
34 C.F.R. Part 106 (2020).

  • Approved: 02-06-84
  • Reviewed: 10-23-89
  • Revised: 11-13-89, 08-08-93, 04-05-93
  • Reviewed: 06-24-96
  • Revised: 12-14-98, 09-10-01, 08-13-07
  • Reviewed: 02-25-13
  • Revised: 12-11-17, 02-26-18, 07-13-2020
  • Documents: 502.5
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