FILE: JCEA
STUDENT SEXUAL MISCONDUCT
The East Baton Rouge Parish School Board shall require any student complaint about another student engaging in sexual misconduct, which is reported to a teacher or counselor, to be immediately reported to the principal. The principal is responsible for investigating the report and complaint. The right to confidentiality, both of the complaining student and of the accused student, shall be respected. The investigation procedures in policy JCDAF, Bullying may be used by the principal. The principal may request assistance of the Assistant Superintendent in investigating student-on-student sexual misconduct. If the act or acts involve possible criminal conduct, the appropriate law enforcement authorities should be notified. A substantiated charge against a student shall subject that student to disciplinary action, which may include suspension or expulsion, consistent with the provisions of the Student Rights and Responsibilities Handbook and Discipline Policy.
If the principal determines that the conduct may be “sexual harassment” as defined in School Board’s policy JAAA, Title IX Grievance Procedures for Student Reports or Complaints of Sexual Harassment, then the principal shall report the incident to the School Board’s Title IX Coordinator.
Employee complaints regarding a student shall be handled as provided in policy GAEAA, Title VII Employee Sexual Harassment
SUSPECTED CHILD ABUSE
If the victim is a minor student and if the alleged conduct falls within the definition of abuse as found in the School Board's policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and the School Board policy on child abuse. Such reporting must be made in addition to any procedures for handling sexual misconduct or “sexual harassment” complaints.
NONRETALIATION
The School Board prohibits retaliation against any employee or student who brings misconduct or sexual harassment charges or who assists in investigating such charges. Any employee or student bringing a sexual misconduct or sexual harassment complaint or assisting in the investigation of such a complaint will not be adversely affected, discriminated against, or punished because of the complaint.
Revised: August 20, 2020
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81, 17:416, 17:416.13, 17:416.18, 17:416.20, 42:1314
Board minutes, 8-20-20
East Baton Rouge Parish School Board