Corpus Christi ISD

178904

STUDENT WELFARE FFH

FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

Note: This policy addresses discrimination, harassment, and

retaliation involving District students. For provisions re-
garding discrimination, harassment, and retaliation in-
volving District employees, see DIA. For reporting re-
quirements related to child abuse and neglect, see FFG.
Note that FFH shall be used in conjunction with FFI (bul-
lying) for certain prohibited conduct.

STATEMENT OF The District prohibits discrimination, including harassment, against

NONDISCRIMINATION any student on the basis of race, color, religion, gender, national
origin, disability, or any other basis prohibited by law. The District
prohibits dating violence, as defined by this policy. Retaliation
against anyone involved in the complaint process is a violation of
District policy and is prohibited.
DISCRIMINATION Discrimination against a student is defined as conduct directed at a
student on the basis of race, color, religion, gender, national origin,
disability, or on any other basis prohibited by law, that adversely
affects the student.
PROHIBITED Prohibited harassment of a student is defined as physical, verbal,
HARASSMENT or nonverbal conduct based on the students race, color, religion,
gender, national origin, disability, or any other basis prohibited by
law that is so severe, persistent, or pervasive that the conduct:
1. Affects a students ability to participate in or benefit from an
educational program or activity, or creates an intimidating,
threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably in-
terfering with the students academic performance; or
3. Otherwise adversely affects the students educational oppor-
tunities.
Prohibited harassment includes dating violence as defined by this
policy.
EXAMPLES Examples of prohibited harassment may include offensive or de-
rogatory language directed at another persons religious beliefs or
practices, accent, skin color, or need for accommodation; threaten-
ing, intimidating, or humiliating conduct; offensive jokes, name-
calling, slurs, or rumors; physical aggression or assault; display of
graffiti or printed material promoting racial, ethnic, or other negative
stereotypes; or other kinds of aggressive conduct such as theft or
damage to property.

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

SEXUAL HARASSMENT Sexual harassment of a student by a District employee includes

BY AN EMPLOYEE both welcome and unwelcome sexual advances; requests for sex-
ual favors; sexually motivated physical, verbal, or nonverbal con-
duct; or other conduct or communication of a sexual nature when:
1. A District employee causes the student to believe that the
student must submit to the conduct in order to participate in a
school program or activity, or that the employee will make an
educational decision based on whether or not the student
submits to the conduct; or
2. The conduct is so severe, persistent, or pervasive that it:
a. Affects the students ability to participate in or benefit
from an educational program or activity, or otherwise ad-
versely affects the students educational opportunities; or
b. Creates an intimidating, threatening, hostile, or abusive
educational environment.
Romantic or inappropriate social relationships between students
and District employees are prohibited. Any sexual relationship be-
tween a student and a District employee is always prohibited, even
if consensual. [See DF]
BY OTHERS Sexual harassment of a student, including harassment committed
by another student, includes unwelcome sexual advances; re-
quests for sexual favors; or sexually motivated physical, verbal, or
nonverbal conduct when the conduct is so severe, persistent, or
pervasive that it:
1. Affects a students ability to participate in or benefit from an
educational program or activity, or creates an intimidating,
threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably in-
terfering with the students academic performance; or
3. Otherwise adversely affects the students educational oppor-
tunities.
EXAMPLES Examples of sexual harassment of a student may include sexual
advances; touching intimate body parts or coercing physical con-
tact that is sexual in nature; jokes or conversations of a sexual na-
ture; and other sexually motivated conduct, communications, or
contact.
Necessary or permissible physical contact such as assisting a child
by taking the childs hand, comforting a child with a hug, or other
physical contact not reasonably construed as sexual in nature is
not sexual harassment.

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

GENDER-BASED Gender-based harassment includes physical, verbal, or nonverbal

HARASSMENT conduct based on the students gender, the students expression of
characteristics perceived as stereotypical for the students gender,
or the students failure to conform to stereotypical notions of mas-
culinity or femininity. For purposes of this policy, gender-based
harassment is considered prohibited harassment if the conduct is
so severe, persistent, or pervasive that the conduct:
1. Affects a students ability to participate in or benefit from an
educational program or activity, or creates an intimidating,
threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably in-
terfering with the students academic performance; or
3. Otherwise adversely affects the students educational oppor-
tunities.
EXAMPLES Examples of gender-based harassment directed against a student,
regardless of the students or the harassers actual or perceived
sexual orientation or gender identity, may include offensive jokes,
name-calling, slurs, or rumors; physical aggression or assault;
threatening or intimidating conduct; or other kinds of aggressive
conduct such as theft or damage to property.
DATING VIOLENCE Dating violence occurs when a person in a current or past dating
relationship uses physical, sexual, verbal, or emotional abuse to
harm, threaten, intimidate, or control the other person in the rela-
tionship. Dating violence also occurs when a person commits the-
se acts against a person in a marriage or dating relationship with
the individual who is or was once in a marriage or dating relation-
ship with the person committing the offense.
For purposes of this policy, dating violence is considered prohibited
harassment if the conduct is so severe, persistent, or pervasive
that the conduct:
1. Affects a students ability to participate in or benefit from an
educational program or activity, or creates an intimidating,
threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably in-
terfering with the students academic performance; or
3. Otherwise adversely affects the students educational oppor-
tunities.
EXAMPLES Examples of dating violence against a student may include physi-
cal or sexual assaults; name-calling; put-downs; or threats directed
at the student, the students family members, or members of the

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

students household. Additional examples may include destroying

property belonging to the student, threatening to commit suicide or
homicide if the student ends the relationship, attempting to isolate
the student from friends and family, stalking, threatening a stu-
dents spouse or current dating partner, or encouraging others to
engage in these behaviors.
RETALIATION The District prohibits retaliation by a student or District employee
against a student alleged to have experienced discrimination or
harassment, including dating violence, or another student who, in
good faith, makes a report of harassment or discrimination, serves
as a witness, or participates in an investigation.
EXAMPLES Examples of retaliation may include threats, rumor spreading, os-
tracism, assault, destruction of property, unjustified punishments,
or unwarranted grade reductions. Unlawful retaliation does not in-
clude petty slights or annoyances.
FALSE CLAIM A student who intentionally makes a false claim, offers false state-
ments, or refuses to cooperate with a District investigation regard-
ing discrimination or harassment, including dating violence, shall
be subject to appropriate disciplinary action.
PROHIBITED In this policy, the term prohibited conduct includes discrimination,
CONDUCT harassment, dating violence, and retaliation as defined by this poli-
cy, even if the behavior does not rise to the level of unlawful con-
duct.
REPORTING Any student who believes that he or she has experienced prohibit-
PROCEDURES ed conduct or believes that another student has experienced pro-
STUDENT REPORT hibited conduct should immediately report the alleged acts to a
teacher, counselor, principal, other District employee, or the appro-
priate District official listed in this policy.
EMPLOYEE REPORT Any District employee who suspects or receives notice that a stu-
dent or group of students has or may have experienced prohibited
conduct shall immediately notify the appropriate District official
listed in this policy and take any other steps required by this policy.
DEFINITION OF For the purposes of this policy, District officials are the Title IX co-
DISTRICT ordinator, the ADA/Section 504 coordinator, and the Superinten-
OFFICIALS dent.
TITLE IX Reports of discrimination based on sex, including sexual harass-
COORDINATOR ment or gender-based harassment, may be directed to the Title IX
coordinator. The District designates the following person to coordi-
nate its efforts to comply with Title IX of the Education Amend-
ments of 1972, as amended:

DATE ISSUED: 6/15/2015 4 of 8

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

Name: Maria Luisa Guerra, EdD

Position: Deputy Superintendent
Address: 801 Leopard Street, Corpus Christi, TX 78403
Telephone: (361) 695-7408
ADA / Reports of discrimination based on disability may be directed to the
SECTION 504 ADA/Section 504 coordinator. The District designates the following
COORDINATOR person to coordinate its efforts to comply with Title II of the Ameri-
cans with Disabilities Act of 1990, as amended, which incorporates
and expands upon the requirements of Section 504 of the Rehabili-
tation Act of 1973, as amended:
Name: Lia Rosales, PhD
Position: Coordinator for Guidance and Counseling and Section
504
Address: 1761 Hudson Street, Corpus Christi, TX 78416
Telephone: (361) 878-2680
SUPERINTENDENT The Superintendent shall serve as coordinator for purposes of Dis-
trict compliance with all other antidiscrimination laws.
ALTERNATIVE A student shall not be required to report prohibited conduct to the
REPORTING person alleged to have committed the conduct. Reports concern-
PROCEDURES ing prohibited conduct, including reports against the Title IX coordi-
nator or ADA/Section 504 coordinator, may be directed to the Su-
perintendent.
A report against the Superintendent may be made directly to the
Board. If a report is made directly to the Board, the Board shall
appoint an appropriate person to conduct an investigation.
TIMELY REPORTING Reports of prohibited conduct shall be made as soon as possible
after the alleged act or knowledge of the alleged act. A failure to
immediately report may impair the Districts ability to investigate
and address the prohibited conduct.
NOTICE TO PARENTS The District official or designee shall promptly notify the parents of
any student alleged to have experienced prohibited conduct by a
District employee or another adult.
INVESTIGATION OF The District may request, but shall not require, a written report. If a
THE REPORT report is made orally, the District official shall reduce the report to
written form.
INITIAL Upon receipt or notice of a report, the District official shall deter-
ASSESSMENT mine whether the allegations, if proven, would constitute prohibited

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

conduct as defined by this policy. If so, the District shall immedi-

ately undertake an investigation, except as provided below at
CRIMINAL INVESTIGATION.
If the District official determines that the allegations, if proven,
would not constitute prohibited conduct as defined by this policy,
the District official shall refer the complaint for consideration under
FFI.
INTERIM ACTION If appropriate and regardless of whether a criminal or regulatory
investigation regarding the alleged conduct is pending, the District
shall promptly take interim action calculated to address prohibited
conduct or bullying prior to the completion of the Districts investi-
gation.
DISTRICT The investigation may be conducted by the District official or a de-
INVESTIGATION signee, such as the principal, or by a third party designated by the
District, such as an attorney. When appropriate, the principal shall
be involved in or informed of the investigation.
The investigation may consist of personal interviews with the per-
son making the report, the person against whom the report is filed,
and others with knowledge of the circumstances surrounding the
allegations. The investigation may also include analysis of other
information or documents related to the allegations.
CRIMINAL If a law enforcement or regulatory agency notifies the District that a
INVESTIGATION criminal or regulatory investigation has been initiated, the District
shall confer with the agency to determine if the District investiga-
tion would impede the criminal or regulatory investigation. The Dis-
trict shall proceed with its investigation only to the extent that it
does not impede the ongoing criminal or regulatory investigation.
After the law enforcement or regulatory agency has finished gath-
ering its evidence, the District shall promptly resume its investiga-
tion.
CONCLUDING THE Absent extenuating circumstances, such as a request by a law en-
INVESTIGATION forcement or regulatory agency for the District to delay its investi-
gation, the investigation should be completed within ten District
business days from the date of the report; however, the investiga-
tor shall take additional time if necessary to complete a thorough
investigation.
The investigator shall prepare a written report of the investigation.
The report shall include a determination of whether prohibited con-
duct or bullying occurred. The report shall be filed with the District
official overseeing the investigation.

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STUDENT WELFARE FFH

FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

NOTIFICATION OF Notification of the outcome of the investigation shall be provided to

OUTCOME both parties in compliance with FERPA.
DISTRICT ACTION If the results of an investigation indicate that prohibited conduct, as
PROHIBITED defined here in FFH(LOCAL), or that bullying as defined by FFI,
CONDUCT AND occurred, the District shall promptly respond by taking appropriate
BULLYING disciplinary action in accordance with the Student Code of Conduct
and may take corrective action reasonably calculated to address
the conduct.
CORRECTIVE Examples of corrective action may include a training program for
ACTION those involved in the complaint, a comprehensive education pro-
gram for the school community, counseling to the victim and the
student who engaged in prohibited conduct, follow-up inquiries to
determine if any new incidents or any instances of retaliation have
occurred, involving parents and students in efforts to identify prob-
lems and improve the school climate, increasing staff monitoring of
areas where prohibited conduct has occurred, and reaffirming the
Districts policy against discrimination and harassment and/or bully-
ing.
BULLYING If the results of an investigation indicate that bullying occurred, as
defined by FFI, the District official shall refer to FFI for appropriate
notice to parents and District action. The District official shall refer
to FDB for transfer provisions.
IMPROPER If the investigation reveals improper conduct that did not rise to the
CONDUCT level of prohibited conduct or bullying, the District may take disci-
plinary action in accordance with the Student Code of Conduct or
other corrective action reasonably calculated to address the con-
duct.
CONFIDENTIALITY To the greatest extent possible, the District shall respect the priva-
cy of the complainant, persons against whom a report is filed, and
witnesses. Limited disclosures may be necessary in order to con-
duct a thorough investigation and comply with applicable law.
APPEAL A student or parent who is dissatisfied with the outcome of the in-
vestigation may appeal through FNG(LOCAL), beginning at the
appropriate level. A student or parent shall be informed of his or
her right to file a complaint with the United States Department of
Education Office for Civil Rights.
RECORDS RETENTION Retention of records shall be in accordance with FB(LOCAL) and
CPC(LOCAL).
ACCESS TO POLICY Information regarding this policy and any accompanying proce-
AND PROCEDURES dures shall be distributed annually in the employee and student
handbooks. Copies of the policy and procedures shall be posted

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FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION (LOCAL)

on the Districts website, to the extent practicable, and readily

available at each campus and the Districts administrative offices.

DATE ISSUED: 6/15/2015 ADOPTED: 8 of 8

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