It is the policy of the Glens Falls City School District to maintain a learning and working environment that is free from sexual harassment. No employee or student of the District shall be subjected to sexual harassment.
It shall be a violation of this policy for any member of the Glens Falls City School District staff to harass another staff member or student or visitor to the District through conduct or communication of a sexual nature as described in the Definition section. It shall also be a violation of this policy for students to harass other students, staff or visitors to the District through conduct or communication of a sexual nature as described in the Definition section.
Each administrator shall be responsible for promoting understanding and acceptance of, and assuring compliance with, state and federal laws and Board policy and procedures governing sexual harassment within his or her school or office.
Violations of this policy or procedure will be cause for disciplinary action.
DEFINITION
Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or advancement or of a student’s participation in school programs or activities;
- Submission to or rejection of such conduct by an employee or student is used as the basis for decisions affecting the employee or student;
- Such conduct has the purpose or effect of unreasonably interfering with an employee or student’s performance or creating an intimidating, hostile, or offensive work or learning environment.
Sexual harassment, as set forth in Section II-a, may include, but is not limited to the following:
- Verbal harassment or abuse
- Pressure for sexual activity
- Repeated remarks to a person with sexual or demeaning implications
- Unwelcome touching
- Suggested or demanded sexual involvement accompanied by implied or explicit threats concerning one’s
grades, job, etc.
PROCEDURES
Any staff person who alleges sexual harassment by a staff member or student in the School District may use the procedure detailed in the Glens Falls City School District Grievance Procedure or may complain directly to his or her immediate supervisor, building principal, or District Title IX Coordinator. Filing of a grievance or otherwise reporting sexual harassment will not reflect upon the individual’s status nor will it affect future employment, grades, or work assignments. B. The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the School District’s legal obligation to investigate misconduct and to take corrective action when this conduct has occurred.
SANCTIONS
A substantiated charge against a staff member in the School District shall subject such staff member to disciplinary action, up to and including the possibility of discharge.
A substantiated charge against a student in the School District shall subject that student to disciplinary action that may include suspension or expulsion, consistent with the student discipline code.
NOTIFICATIONS
➢ Notice of this policy will be circulated to all schools and department of the Glens Falls City School District and incorporated in teacher and student handbooks. Training sessions on this policy and the prevention of sexual harassment shall be held for teachers and students in all schools.
STUDENT PRIVACY
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.