At its Jan. 14 meeting, the School Board of the City of Virginia Beach elected Kathleen Brown as chair and Carolyn Weems as vice chair. Brown has served on the School Board for two years and Weems for 22 years.
Sexual Harassment, Sexual violence, Inappropriate Sexual Conduct and Non-retaliation Complaint Procedures- Employees 4-4.3
School Board of the City of Virginia Beach
Regulation 4-4.3
PERSONNEL
Sexual Harassment, Sexual violence, Inappropriate Sexual Conduct and Non-retaliation Complaint Procedures- Employees
The School Division does not condone or tolerate any form of sexual harassment, sexual violence, other inappropriate sexual conduct or retaliation for reporting such conduct. The School Division is committed to the creation and maintenance of an educational and work environment in which all individuals who participate in school programs and activities can do so in an atmosphere free from all forms of sexual harassment, sexual violence and inappropriate sexual conduct.
- Definition of sexual harassment, sexual violence and inappropriate sexual conduct.
Sexual harassment, sexual violence and inappropriate sexual conduct are defined as, but not limited to: unsolicited, unwelcome sexual overtures, conduct or advances, requests for sexual favors, and other verbal, written or physical conduct of a sexual nature constitutes sexual harassment when any of the following condition is present:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s access, involvement or success in any School Division program, service or activity;
- Submission to or rejection of such conduct by an individual is used as the basis of any decision affecting such individual;
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive education environment; and
- Such conduct by an employee, agent, or volunteer of the School Division that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatments protected under Title IX.
- Prohibited conduct
Sexual harassment, sexual violence and inappropriate sexual conduct may be verbal, non-verbal, physical, written, electronic or visual. These terms refer to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with the individual's rights in the educational and work environment. Prohibited conduct that may be determined a violation of this Regulation is defined as, but is not limited to:
- Suggestive or obscene statements, noises, letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, fondling, sexual molestation or assault, impeding or blocking movement, leering, gestures, display of sexually suggestive actions, materials, objects, posters or cartoons, or other similar conduct. This includes electronic and verbal forms of communication;
- Unwelcome sexual advances, propositions or other sexual comments such as: sexually-oriented gestures; sounds; remarks; jokes; or comments about an individual's sexuality or sexual experience directed at or made in the presence of any other individual;
- Physical assault or battery of a sexual nature, or the attempt thereof such as: a) rape, sexual battery, molestation or attempts to commit those offenses, or committing an act with intent to cause fear in another of immediate bodily harm or death; b) intentional physical contact which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against or poking a student's body, or touching of the clothing covering the immediate area of the complainant's intimate body parts; and c) other similar actions;
- Continuing to express sexual interest after being informed that the interest is unwelcome;
- Coercive sexual behaviors used to control, influence, or affect an individual’s educational or employment opportunities, grades, and/or learning environment, opportunities to participate in or advance in school sponsored activities;
- Offering or granting favors or benefits in exchange for sexual favors;
- Preferential treatment or promise of preferential treatment for submitting to sexual conduct, including soliciting or attempting to solicit any individual to engage in sexual activity for compensation or reward;
- “Prohibited retaliation” shall be defined as adverse action against a covered individual because the individual (or closely-associated individual) engaged in protected activity;
- an “adverse action” is an action that is likely to keep a reasonable person from engaging in protected activity, including, but not limited to, threats, assault or battery, harassment, or other conduct that has the purpose of substantially interfering with a person’s access to or participation in the educational environment;
- a “covered individual” is a person who has engaged in protected activity, such as filing a sexual harassment charge, or who is closely associated with an individual who has engaged in protected activities; and
- “protected activity” includes, but is not limited to: reasonable opposition to a practice believed to violate sexual harassment laws on behalf of oneself or others; participation in a sexual harassment proceeding, such as cooperating with an internal investigation of alleged sexual harassment practices or acting as a witness in an investigation by an outside agency or in litigation; and the asserting of one's rights, such objecting to sexual harassment.
- Procedure for reporting, investigating and resolving complaints
The following procedure will be utilized for reporting, investigating and resolving complaints.
- Any individual who believes that he/she has been the subject of sexual harassment, sexual violence or inappropriate sexual conduct or who has reason to know of or suspect that another individual is being subject to such conduct in the educational or work environment should report the alleged act immediately to the principal, another school administrator of the school or the individual may file a complaint with the Chief Human Resources Officer or the Title IX coordinator. Complaints will be investigated and will be resolved as promptly, equitably and effectively as possible.
- The Title IX Coordinator will follow the Title IX Guidelines and coordinate the investigation of the complaint. The Superintendent or designee is authorized to develop Title IX guidelines, procedures, protocols and trainings regarding compliance with applicable Title IX regulations.
- Any principal or other administrator or the Title IX coordinator who receives a complaint of sexual harassment of an employee is required to report immediately such complaint to the Chief Human Resources Officer or designee. If the alleged incident involves the principal, the employee shall report such incident to the Title IX coordinator or the Chief Human Resources Officer. If the complaint was made verbally, it will be reduced to written form within one (1) business day and forwarded to the Chief Human Resources Officer or the Title IX coordinator.
- If the alleged incident involves actions against an employee by a student, then the Chief Human Resources Officer or designee will report the complaint to the Director of Student Leadership and the principal of the student's school and coordinate investigation efforts.
- If the Title IX Coordinator dismisses the complaint or informs the Chief Human Resources Officer or designee that the complaint was not proven, the Chief Human Resources Officer or designee may handle the report as a violation of this Policy or another policy or regulation.
- Nothing is this Policy will prohibit the reporting of a complaint under this Policy to appropriate law enforcement or child protective services agencies if appropriate.
- Informal remedies or mediation
The complainant or victim may utilize informal methods to remedy the complainant. Informal methods are not appropriate if the alleged conduct constitutes sexual violence or other unsafe condition for the victim. The complainant or victim cannot be compelled to utilize informal remedies and shall retain the right to discontinue informal remedies at any time.
- Retaliation and false reporting prohibited
Retaliation against any individual who makes a complaint, participates in the investigation or resolution of a complaint is strictly prohibited and will be a violation of this Regulation. Pursuing other appropriate remedies will not be construed as retaliation. Intentional false reporting or misrepresentation of complaints or evidence regarding complaints is strictly prohibited and may result in appropriate action being taken by the School Division. Taking appropriate action against false reporting or misrepresentation will not be considered retaliation under this Regulation.
- Additional contact information for complaints of sexual harassment
The Chief Human Resources Officer will be the contact for complaints of sexual harassment against or by School Division employees. The Chief Human Resources Officer may be contacted at: 2512 George Mason Drive, Municipal Center Building 6, Virginia Beach, Virginia 23456 telephone (757) 263-1133, facsimile (757) 263-1081.
The Title IX Coordinator for complaints regarding students is the Director of the Office of Student Leadership, Laskin Road Annex, 1413 Laskin Road, Virginia Beach, Virginia 23451, telephone (757) 263-2020, facsimile (757) 263-2022.
Complaints may also be directed to:
U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov.
Equal Employment Opportunity Commission, Federal Building, 200 Granby Street Suite 739, Norfolk, Virginia 23510, telephone 1-800-669-4000, facsimile (757) 441-6720.
School Board Policy 7-17
School Board Regulation 7-17.1
Adopted by Superintendent: July 24, 2015
Adopted by the School Board: October 29, 2020