| CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 |
| REGULATION |
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
Definitions
Harassment is any objectionable conduct, comment or display by a person that:
- is directed at an individual or group; or
- is made on the basis of race, creed, religion, colour, sex, sexual orientation, marital status, family status, physical size or weight, age nationality, ancestry or place of origin; or
constitutes a threat to the health or safety of the individual.
Sexual harassment is any sexually oriented practice that:
creates an offensive environment or interferes with learning, or
undermines the individual’s sense of personal dignity.
Sexual harassment may include but is not limited to:
a demand for sexual favours by a person in a position of authority
an indication by a person in a position of authority that sexual favours are a condition for advancement
physical assault such as deliberate touching, grabbing, pushing or unsolicited physical contact including leaning over, pinching or patting
repeated and unwanted sexual comments, suggestions which are found objectionable or offensive and cause discomfort
persistent propositions, invitations or uninvited pressure for dates
gender-based insults or taunting
display of suggestive pictures or other material
uninvited letters, telephone calls or other communications, or
leering or whistling.
Prevention
The School Board recognizes the importance of the prevention of harassment and sexual harassment and is committed to:
clarifying its objectives with respect to harassment and sexual harassment through communication and consistent application of this policy, and
supporting specific programs of education and awareness on harassment and sexual harassment.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE _________
| CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION |
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
Rules concerning Harassment and Sexual Harassment
No student shall harass in any way any student, teacher, or any other person while on school premises or while at school sponsored activities.
Harassment by a Student
Reporting
Any person who has been harassed by a student is advised to immediately tell the harasser to stop.
If a student knows of or suspects harassment is happening to a fellow student, the student is encouraged to:
- support the fellow student, and
- encourage the fellow student to report the harassment as soon as possible to the appropriate authorities.
If a student cannot confront the harasser, or if the harassment continues, the student is advised to promptly report the incident to any one of the following persons:
- a teacher
- a school counsellor
the Principal of the school
a Vice-Principal of the school
or a trusted adult
If a teacher has been harassed by a student, and if the teacher cannot confront the harasser or if the harassment continues, the teacher shall promptly report the incident to the Principal.
B. Investigation
The person to whom a complaint of harassment is made shall:
- speak directly with the alleged harasser and attempt to resolve the situation in an informal manner, or
- advise the Principal of the school.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________
| CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION
|
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
The Principal shall:
Attempt to resolve the situation in an informal manner, or
If the matter is more serious or if it cannot be resolved in an informal manner:
- notify the parents or guardians of the complainant
- notify the parents or guardians of the alleged harasser, and
- investigate and prepare a formal report on the complainant.
The formal report prepared by the Principal shall be based on the following information:
a statement from the complainant indicating:
- where and when the incident occurred
- what exactly was said and done
- whether there were any witnesses
- any other details of the situation.
statement from the alleged harasser
statements from any witnesses, and
any other information the Principal believes to be relevant.
Disciplinary Action
If a student has violated the provisions of this policy, appropriate disciplinary action will be taken, up to and including expulsion.
Factors to be considered in determining the severity of the disciplinary action may include, but are not limited to:
- the severity of the harassment
- the persistence of the harassment, and
- whether or not the harasser displays co-operation and willingness to change.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________
| CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION
|
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
If a transfer is an outcome of the incident, the harasser will be transferred, not the
complainant.
D. Records of Complaints
Any person to whom alleged harassment is reported, and which is resolved in an informal manner, shall make a written note summarizing the complaint and its resolution.
The Principal shall provide the Director of Education with a copy of any formal report prepared as a result of an investigation and shall indicate the steps taken to resolve the complaint.
All records relating to any complaint or investigation shall be kept on file for five years and then shall be transferred to a secured confidential file in the School Board office.
Harassment by a Teacher or Person Other than a Student
Reporting
If a student has been harassed by a teacher, or someone other than a student, the student is advised to report the harassment to one of the following persons as soon as possible:
a teacher
a school counsellor
the Principal of the school, or
the Director of Education
The person to whom the complaint is made shall immediately notify the Director of Education.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________
CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION
|
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
Investigation
The Director of Education or the person whom the Director may designate to act in his place shall:
notify the parents or guardians of the student of the incident
request the student to make a formal complaint which should be as detailed as possible and should include the following information:
where and when the incident occurred
what exactly was said and done
whether there were any witnesses
any other details of the situation.
assist the student in making the formal complaint and shall, if necessary, put the complaint into writing for the student, and
investigate the complaint, provided, however, that in the event the Director of Education is the subject of the complaint the School Board shall appoint another person to be in charge of the investigation.
The person who investigates the complaint shall:
notify the alleged harasser of the complaint and provide the alleged harasser with information concerning the circumstances of the complain, including a copy of the written complaint
request the alleged harasser to respond in writing to the complaint
interview the complainant, the alleged harasser, and any other persons who may have knowledge of the conduct complained of
make a written report of the complaint and the results of the investigation of the complaint to the School Board, and
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________
CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION
|
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
inform the student, the parents of the student and the alleged harasser of the results of the investigation in writing.
At any stage of the investigation the complainant and the alleged harasser may choose to be accompanied by a parent, friend, union representative, association representative or other person of their choice.
Either party may, after receiving the results of the investigation, make a further submission in writing and such written submission shall be placed in the file.
5. All records relating to the complaint and investigation shall be kept on file for five years and then shall be transferred to a secured confidential file in the School Board Office.
Disciplinary Action
If a teacher or other employee violates the provisions of this policy, appropriate disciplinary action will be taken, from verbal reprimands up to and including termination of employment.
Factors to be included in determining the severity of the disciplinary action may include, but are not limited to:
the severity of the harassment
persistence of the harassment, and
whether or not the harasser displays co-operation and willingness to change.
If a transfer is an outcome of the case, the harasser will be transferred, not the complainant.
If the harassment has been caused by a person who is not a student, teacher or other employee of the School Board, the Director of Education shall take whatever steps may be appropriate in the circumstances, up to and including banning the harasser from school premises and school activities.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________
CREIGHTON SCHOOL DIVISION
No. 111 |
2.5.2 Continued |
| REGULATION
|
HARASSMENT AND SEXUAL HARASSMENT – STUDENTS |
Other Proceedings
Nothing in this policy shall be construed as preventing a student or the parents or guardians of the student from dealing with an incident of harassment or sexual harassment by:
filing a complaint under The Saskatchewan Human Rights Code or any other applicable legislation, or
reporting the incident to the police or other authorities if the circumstances so warrant.
Confidentiality
Receipt of a complaint will be held in strict confidence and information regarding a complaint will be communicated only to those persons who require knowledge of the information for the purpose of investigation or the imposition of discipline.
Complaints Made in Good Faith
Where harassment has not been substantiated, no action will be taken against a student who has made a complaint in good faith.
BOARD APPROVED:
___________________,________
NEW POLICY _______
REPLACES POLICY _________
LEGAL REFERENCE __________