PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD

EMILY C. WATKINS ELEMENTARY ~ LaPlace, LA

MEETING OF AUGUST 13, 2020 ~ 6:00 p.m.

The Chair called the meeting to order and read the following call: HONORABLE MEMBERS OF THE SCHOOL BOARD

Parish of St. John the Baptist

Dear Board Member:

Upon call of the President, the St. John the Baptist Parish School Board will meet in regular session at Emily C. Watkins Elementary, 938 Hwy. 628, LaPlace, Louisiana, on Thursday, August 13, 2020 at 6:00 p.m.

An agenda for the meeting is attached.

Sincerely,

Dr. Lynett Hookfin

Superintendent/Secretary

ITEM 1.  CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE

The Chair called the meeting to order at 6:06 p.m. He called for a moment of silent meditation, followed by the Pledge of Allegiance. 

ITEM 2. ROLL CALL OF MEMBERS: The Chair called for Public Comment.

PRESENT:         Holden, Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders

ABSENT:            Johnson

There were 10 members present and 1 member absent. 

ITEM 3. APPROVAL OF MINUTES: The Chair called for Public Comment.

ITEM 3a.  Approval of Minutes of:  Meeting of July 16, 2020

MOTION BY:    Triche

SECOND BY:   Holden

MOTION:  To approve the minutes of:  Meeting of July 16, 2020

Roll call:

9 Yeas – Holden, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders

1 Nay - Burl

1 Absent - Johnson

ITEM 4. SUPERINTENDENT’S REPORT. Dr. Lynett Hookfin, Superintendent.

Dr. Hookfin stated that due to our buildings not being completely cleaned and sanitized, the start date for teachers was pushed back to August 17^th.  She was happy to reported that as of this date, 100% of our buildings have been cleaned and sanitized and are ready to safely receive our teachers this Monday.

ITEM 5.  EDUCATION PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF

ITEM 5a.  Public Comment.  Mrs. Patricia Triche – School Head Start Governance and ERSEA Presentation

Mrs. Triche delivered the following mandatory training for all Board members:

ITEM 6.  PERSONNEL MATTERS

ITEM 7.  BUSINESS AND FINANCE

ITEM 7a.  Public Comment.  Mrs. Sara Loupe – Introduction of Amended Budget for 2019-2020

This item was for introduction only.  Mrs. Loupe introduced the following:

ITEM 7b.  Public Comment.  Mrs. Sara Loupe – Introduction of Proposed Budget for 2020-2021

This item was for introduction only.  Mrs. Loupe introduced the following:

Mr. Sanders stated that there will be a Board Financial Workshop to discuss the budget soon.

Mr. Burl stated that there is currently a central office hiring freeze and asked Mrs. Loupe if she still feels it is necessary to hire an Accounting Supervisor.  Mrs. Loupe stated that she will be working together with the Board and Superintendent to determine if this is necessary, or if duties could be shifted around.

ITEM 8.  OLD BUSINESS

ITEM 9.  NEW BUSINESS

ITEM 9a.  Public Comment.  Ms. Iman Montgomery – Request approval of Policy EBBI:  COVID-19 Public Health Emergency

MOTION BY:    Jones

SECOND BY:   DeFrancesch

MOTION:  To approve Policy EBBI:  COVID-19 Public Health Emergency

Roll call:

10 Yeas – Holden, Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders

1 Absent - Johnson

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EBBI - COVID-19 PUBLIC HEALTH EMERGENCY

In light of  the COVID-19 pandemic and the resulting public health emergency for  the

2020-2021  school  year,  the  Superintendent  is  authorized  to  develop,  implement,  and maintain  administrative  regulations  and  procedures  necessary  to  protect  employees, students, and others from the conditions giving rise to the declared emergency.

In  the  development  and  implementation  of  necessary  administrative  regulations  and procedures for safely reopening schools and for maintaining the safety of employees, students,   and   others   when   schools   are   open   during   a   health   emergency,   the Superintendent and staff shall rely upon the practices, guidelines, and suggestions of the Louisiana Department of Education in coordination with the Louisiana Department of Health. The Superintendent is authorized to develop and revise plans for reopening schools  or  maintaining  the  safety  of  employees,  students,  and  others  and  to  make required submissions to governmental authorities with regard thereto.

In  the  event  that  the  Superintendent  develops  or  implements  administrative  rules, regulations,  or  procedures,  or  alters  the  school  reopening  plan  in  any  substantive fashion,  he/she  shall  advise  the  Board  of  such  developments  no  later  than  the  next regular meeting of the Board.

The St. John the Baptist Parish School Board adopts and incorporates as if set  forth fully herein the  required  provisions  of  Chapter  4  of  Bulletin  741,  Louisiana  Handbook for  School  Administrators,  for  the  2020-2021  school  year  and  shall  abide  by  the required  health and safety standards included therein or in any amendments thereto.1

In  no  event  shall  the  Board’s  reopening  plan  for  the  2020-2021  school  year  be interpreted to include any standard less than that required by Chapter 4 of Bulletin 741, including the following standards:

A.       Group Sizes

1.                The  maximum  group  sizes  that  may  convene  indoors  in  a  single  room, irrespective of room size, or outdoors at any given time are as follows:

a.      Phase One – 10 individuals;

b.      Phase Two – 25 individuals; and

c.      Phase Three – 50 individuals.

These maximum numbers shall include students, teachers, and others who are present.

2.                Group Composition

a.      Younger students, who are not required to wear face coverings or not capable of maintaining a physical distance from other students or  adults,  will  be  assigned  to  static  groups.  This  includes,  at  a minimum,   students   in   grades   2   or   lower.   The   static   group composition  will  be  maintained  for  as  long  as  possible  over  the course of the 2020-2021 school year.

i.          Physical Distance means the act of an individual maintaining a space of 6 feet or more from another individual.

ii.         Static Group means a group whose composition of students and adults does not change.

b.         The  composition  of  a  group  may  change  if  students  are  able  to maintain  a  physical  distance  of  at  least  six  (6)  feet  from  other students and adults in a classroom or indoor setting, to the greatest extent possible.

c.         Students with disabilities will continue to receive special education and  related  services  in  the  least  restrictive  environment.  The reopening  plan  will  factor  in  any  additional  service  providers  who may  need  to  enter  the  classroom,  students  who  may  need  to receive  services  outside  the  classroom   (e.g.,  resource,  APE), and/or   students   who   may   need   to   receive   services   through alternate instructional methods.

B.       Physical Standards for the Use of School Facilities

1.         If a group convenes indoors, it must convene in a room enclosed by a wall or   partition.   This   includes   large   rooms,   such   as   gymnasiums   or auditoriums,  which  may  include  more  than  one  group  at  a  time  if  each group is separated by a wall or partition.

2.         If a group convenes outdoors, a wall or partition is not required but each group must remain separated from any other group(s). School principals are given the authority to create and implement recess schedules so that groups remain separated and do not exceed maximum group sizes.

3.         To the greatest extent possible, each school shall avoid crowding at entry and exit points of each building, classroom, and restroom and shall, to the extent possible, maintain group sizes and physical distance requirements.

4.         If  a  room  is  used  by  more  than  one  group  in  a  single  day,  high-touch surfaces contained in that room must be cleaned before and after use by each group.

a.         High-Touch Surfaces means surfaces that are touched frequently, such   as   door   handles,   bathroom   fixtures,   drinking   fountains, railings, desks, and other surfaces in school facilities or on school buses.

C.       Monitoring Students and Adults for Symptoms of COVID-19

1.         Upon arriving at the school or workplace facility, each employee, student, and  other  person  must  be  assessed  for  symptoms  of  COVID-19.  As defined   by  the   CDC,  such  symptoms  would  include  cough,  trouble breathing, and/or temperature of 100.4 degrees or higher. Procedures for assessment would include physical observation and taking of temperature of each employee, student, or other upon his/her arrival on campus. Each principal/workplace  supervisor  shall  determine  the  most  efficient  way  to accomplish such assessments at his/her school or work site.

2.         Each principal/workplace supervisor shall establish an area used to isolate anyone   exhibiting   symptoms   of   COVID-19.   Any  employee   or   visitor exhibiting   such   symptoms   will   not   be   allowed   to   remain   on   the campus/worksite and shall be asked to  immediately depart. Any student exhibiting symptoms of COVID-19 shall be directed to the Isolation Area for observation until picked up by a parent/custodian or until the student is authorized  to  drive  or  walk  home.  The  Isolation  Area  must  be  cleaned after it is occupied by any individual exhibiting symptoms of COVID-19.

D.       Environmental Cleaning and Personal Hygiene

1.         High-touch  surfaces  and  bathrooms  must  be  cleaned  multiple  times  per day.    School  bus  seats,  seat  backs,  handrails,  and  other  high  contact surfaces on school buses shall be cleaned after each use of those buses, i.e., after morning routes, afternoon routes, and special routes.

2.          Employees,  students,  and  school  or  workplace  visitors  should  wash  or sanitize their hands upon arrival at the school or workplace, at least every two  (2)  hours  thereafter,  before  and  after  eating,  and  before  exiting  the school facility.   In addition, students should wash or sanitize their hands before and after usage of indoor or outdoor playground equipment.

E.       Face Coverings

1.        While inside any school facility or on school buses, all students in grades

3  through  12  and  all  employees  and  visitors  are  required  to  wear  face coverings to the greatest extent possible and practicable.

a.         Face  Covering  means a piece of  material used to  cover  both  the nose and mouth for the purpose of forming a barrier to droplets or airborne  particles  that  are  coughed,  sneezed,  or  exhaled  when talking. Face coverings are meant to protect both the wearer of the face covering and surrounding individuals.

b.         The  face  covering  is  considered  part  of  the  school  uniform/dress code  for  both  students  and  employees  (see  Board  policy/student handbook/employee  handbook).  The  failure/refusal  of  employees and  students  to  wear  such  face  coverings  shall  result  in  their immediate separation from others and, for students, notification to the parent/custodian. Thereafter, the incident shall be treated  like all  other  violations  of  Board  policy  and/or  the  student/employee dress/grooming code.

c.         Face coverings shall be solid in color and shall contain no pictures, writings,    or    messages    of    any    kind.    Notwithstanding    this requirement,  face  coverings  that  contain  references  to  the  school system  (i.e.,  name  or  insignia)  or  individual  schools  within  the system (i.e., name or mascot), which are provided to students by the school system or by individual schools within the system, may be worn.

2.         While  inside  school  facilities  or  on  school  buses,  students  in  grades pre-Kindergarten through 2 may wear face coverings but are not required to do so.

3.        While  inside  school  facilities  or  on  school  buses,  children  under  two  (2)

years old may wear face coverings but are not required to do so.

4.         Face  coverings  need  not  be  worn  by  employees  or  students  who  are outdoors and who are able to maintain social distancing of at least six (6) feet.

5.         Notwithstanding the above, any individual who contends that he/she has a disability or condition which prohibits him/her from wearing a face covering inside school facilities or on school buses shall have the right to seek an exception to such requirement through the procedures outlined in Section J(1), (2), and (3) below.

F.        Hygienic Supplies

1.         Students,  employees,  and  school  visitors  shall  be  provided  adequate access  to  hygienic  supplies,  including  soap,  hand  sanitizer  with  at  least

60%  alcohol  content,  disinfectant  wipes  or  spray,  paper  towels,  and tissues. The quantity of hygienic supplies in each school or work location must  be  appropriate  to  the  needs  of  that  facility,  and  the  quantity  of hygienic supplies in individual classrooms must be appropriate to the role and the number and age of students or adults in such classroom.

2.         Students and employees are expected to bring their own face coverings with  them  to  school  and/or  work  each  day.  However,  disposable  face coverings shall be available at each school for students, employees, and guests who do not have their own coverings on a particular date.

G.       Transportation

1.         School  buses  used  to  transport  students  must  not  exceed  the  following maximum capacity requirements:

a.         Phase  One  –  25%,  including  adults,  of  the  maximum  capacity  of the bus as determined by the bus manufacturer;

b.         Phase  Two  –  50%,  including  adults,  of  the  maximum  capacity  of the bus as determined by the bus manufacturer; and

c.         Phase Three – 75%, including adults, of the maximum capacity of the bus as determined by the bus manufacturer.

2.         Passengers  on  a  school  bus  must  be  spaced  to  the  greatest  extent possible as follows:

a.         Phase  One  –  Passengers  must  ride  one  (1)  per  seat  except  that members  of  the  same  household  may  sit  in  the  same  seat  or adjacent seats. Every second seat on the bus must remain empty; and

b.         Phases   Two   and   Three   –   Passengers   must   be   dispersed throughout  the  bus  to  maximize  social  distancing  to  the  greatest extent possible.

H.       Student Programming Determinations

1.         Each   student   placement   determination   as   to   whether   distance   or in-person education program should be made after consultation with the parent or custodian.

2.         Each  student  placement  determination  should  take  into  consideration  a student’s unique academic, social, emotional, familial, and medical needs, as identified by the student’s parent or custodian.

3.         Documentation   of   efforts   made   to   communicate   with   parents   or custodians about student programming, together with the results of such communications, shall be maintained.

I.         Essential Visitors to School Facilities

1.         Essential visitors are individuals who must enter schools or early learning centers in order to conduct visits in according with Louisiana law or policy. Essential visitors include, but are not limited to, individuals who:

a.        Conduct observations;

b.         Observe  teacher  candidates  as  part  of  the  teacher  preparation quality rating system; or

c.        Provide essential support or services including, but not limited  to, early  intervention  services,  special  education  services,  or  mental health consultations.

2.         Essential  visitors  must  comply  with   the  minimum  health  and  safety standards  contained   in  this  policy  including,  without  limitation,  hand washing, temperature checks, and the wearing of face coverings.

J.         Medical or Disability Impact Exceptions

As provided in Section 401(E) and Section 403(I) of Bulletin 741, the Board recognizes that  there  may  be  medical  or  disability  impact  exceptions  to  one  or  more  of  these standards specific to a given student, employee, or other person, and such exceptions will be considered on an individual basis as set forth below.

1.         In order for a student to be granted an exception based upon a medical or disability issue:

a.         The parent or legal guardian of the student shall submit a written application, by letter, memorandum, or email, to the principal of the school in which the student is or will be enrolled.

b.         The application shall identify the specific provision(s) of Chapter 4 to which the exception is applicable.

c.           The   application   shall   include   documentation   from   a   qualified medical professional or healthcare provider identifying the medical or disability issue that the applicant contends  affords the need for the exception.

d.          The  application  shall  also  include  a  reference  to  whether  the exception is related to a service or accommodation afforded in an existing  Section  504  plan,  individualized  education  plan  (IEP),  or individualized health plan (IHP).

e.          If the application is related to an existing Section 504 plan, IEP, or IHP, the principal shall convene a meeting of  the  School Building Level Committee (SBLC) to review the application and the existing Section  504  plan,  IEP,  or  IHP  to  determine  if  an  exception  is needed or whether the plan can be modified to alleviate the need for  the  exception.  The  SBLC  shall  provide  its  recommendation  to the  principal,  who  shall  forward  that  recommendation  with  the application to the Superintendent.

f.          The Superintendent  or his/her designee  shall make a decision on the application within three (3) working days of his/her receipt of it.

g.          The  written  decision  of  the  Superintendent  or  designee  shall  be provided by letter, memorandum, or email to the applicant, and the decision of the Superintendent or designee shall be final.

h.           All documentation  related  to  the  application  shall  be  incorporated into the student’s school record and, if applicable, made a  part of the student’s Section 504 plan, IEP, or IHP.

2.         In order for an employee to be granted an exception based on a medical or disability issue:

a.         The   employee   shall   submit   a   written   application,   by   letter, memorandum, or email, to his/her immediate supervisor.

b.         The application shall identify the specific provision(s) of Chapter 4 to which the exception is applicable.

c.         The   application   shall   include   documentation   from   a   qualified medical professional or healthcare provider identifying the medical or disability issue that the applicant contends  affords the need for the exception.

d.         If    the    immediate   supervisor   of    the   employee   is   not   the Superintendent, the immediate supervisor shall promptly forward to the    Superintendent    or    the    Superintendent’s    designee    the  application for review and consideration, and the Superintendent or his/her  designee  shall  make  a  decision  within  three  (3)  working days of his/her receipt of the application.

e.         If the Superintendent is the immediate supervisor of the employee seeking an exception, then the Superintendent or his/her designee shall  make  a  decision  on  the  application  within  three  (3)  working days of his/her receipt of it.

f.          The  written  decision  of  the  Superintendent  or  designee  shall  be provided by letter, memorandum, or email to the applicant, and the decision of the Superintendent or designee shall be final.

3.         In  order  for  anyone  other  than  a  student  or  employee  to  be  granted  an exception based on a medical or disability issue:

a.         The  individual  seeking  the  exception  must  meet  with  the  school principal or worksite supervisor to discuss the reason for and basis of such exception and to determine whether there are any possible accommodations that can be made. In the event that a reasonable accommodation  cannot  be  identified  by  the  principal  or  worksite supervisor, then the individual seeking the exception can submit a written  application  to  the  Superintendent  or  his/her  designee  for additional consideration.

b.         In the application to the Superintendent or designee, the applicant shall  identify  the  specific  provision(s)  of  Chapter  4  to  which  the exception  is  applicable  and  shall  include  documentation  from  a qualified medical professional or healthcare provider identifying the medical  or  disability issue  that  the  applicant  contends  affords  the need for the exception.

c.         The Superintendent or his/her designee shall make a decision on the application within three (3) working days of his/her receipt of it.

d.         The  written  decision  of  the  Superintendent  or  designee  shall  be provided by letter, memorandum, or email to the applicant, and the decision of the Superintendent or designee shall be final.

K.       Meals

Standards  regarding  group  sizes  (Section  A)  and  physical  standards  for  the  use  of facilities (Section B) must be followed for meals in the cafeteria and elsewhere.

Breakfast and lunch for each student shall be prepared by the cafeteria staff under the direction of the cafeteria manager. The cafeteria manager shall be  responsible to see  that meals are distributed to students in such a manner as to limit contact between the cafeteria staff and students.

New Policy:   July 2020

Ref:    Louisiana   Revised   Statute   Annotated   Section   17:81,   17:439.1,   17:3391; Louisiana   Handbook   for   School   Administrators,   Bulletin   741,   Louisiana Department of Education.

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ITEM 9b.  Public Comment.  Ms. Iman Montgomery - Introduction of revised policies GAAA – Equal Opportunity Employment; GAE - Non-Title IX Complaints and Grievances; GAEAA - Title VII Employee Sexual Harassment; GAMC – Investigations; JAAA – Title IX Sexual Harassment; JCEA – Sexually Related Student Misconduct

These were for introduction only.

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GAAA:  EQUAL OPPORTUNITY EMPLOYMENT

It is the policy of this St. John the Baptist Parish School Board that no person shall be evaluated on the basis of age, sex, marital status, race, color, handicap, creed or national origin. Age shall be considered only with respect to minimums set by law and retirement as specified by the state or policies of this Board.

It shall be the policy of the St. John the Baptist Parish School Board that all applicants for admission and employment, students, parents, or legal guardians of students, or employees, sources of referral of applicants and employment, unions or professional organizations holding collective bargaining or professional agreement with the School Board and any and all entities having business with the School Board are hereby notified that the School Board does not discriminate on the basis of race, color, national origin, sex, age, disability, marital status, sexual orientation, religion or veteran status in admission or access to, or treatment or employment in, its programs and activities, including any notices required by Title IX of the Education Amendments of 1972 or Part 106 of Title 34 of the United States Code of Federal Regulations.  The School Board pledges to protect qualified applicants and employees with disabilities from discrimination in hiring, promotion, termination, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability.  The School Board shall also provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.

The Superintendent and/or his/her designee shall investigate any and all complaints that may be brought against the School Board or any individual school in the school district in regard to any alleged discriminatory action for appropriate treatment by the Superintendent and/or the School Board.

All employees shall be responsible for complying with this policy.  Inquiries, concerns, or complaints related to any form of harassment or discrimination should be immediately reported to the immediate supervisor who, in turn, shall report the incident to the Superintendent and/or his/her designee.  If the supervisor is the alleged harasser or discriminator, or the employee does not wish to report the matter to his/her supervisor, the employee may submit the complaint directly to the Superintendent or his/her designee for appropriate inquiry including, when appropriate, investigation.  Except for complaints of sexual harassment of students, employees, and applicants, the investigation shall proceed in accordance with policy GAMC, Employee Investigations.  Further, the School Board prohibits retaliation against any individual for making a complaint under this policy or participating in the investigation of any such complaint.

PERSONS WITH DISABILITIES

In accordance with federal and state statutes addressing nondiscrimination of disabled persons, namely Section 504 of the Vocational Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, the St. John the Baptist Parish School Board attests that no qualified person with a disability shall, solely by reason of a disability, be denied the benefits of, be excluded from participation in, or be otherwise subjected to discrimination under any program or activity; nor shall a qualified person with a disability be subjected to discrimination in employment.

APPLICATION

This policy applies to all aspects of the employment programs, including but not limited to, recruitment, advertising, process of application for employment, promotion, granting of tenure, termination, layoffs, wages, job assignments, leaves of absence including provisions for maternity leave, fringe benefits, training programs, employer sponsored programs, including social or recreational programs and any other term, condition or privilege of employment.  Specifically, the following personnel employment practices are prohibited:

1.                     Tests ‑ Administration of any test or other criterion which has a disproportionately adverse effect on persons on the basis of sex unless it is a valid predictor of job success and alternative tests or criterion are unavailable;

2.         Recruitment ‑ Recruitment of employees from entities which furnish as applicants only or predominantly members of one sex, if such action has the effect of discriminating on the basis of sex;

3.         Compensation ‑ Establishment of rates of pay on the basis of sex;

4.         Job Classification ‑ Classification of jobs as being for males or females, unless sex is a bona fide occupational qualification for the particular job in question;

5.         Fringe Benefits ‑ Provision of fringe benefits on basis of sex; all fringe benefit plans must treat males and females equally;

6.         Marital and Parental Status ‑ Any action based on marital or parental status; pregnancies are considered temporary disabilities within the policy for leave of absence without pay for job‑related purposes. No inquiry shall be made by the district in job applications as to the marital status of an applicant, including whether such applicant is "Miss or Mrs." But, inquiry may be made as to the sex of a job applicant for employment if made of all applicants and is not a basis for discrimination;

6.         Employment Activities ‑ Any expression of preference, limitation, or specification based on sex, unless sex is a bona fide occupational qualification for the particular job in question.

Adopted:  September 21, 1978

Revised:  July, 2020

Ref:      U.S. Constitution, Amend. XIV, Sec. 1; 20 USC 1681 (Title IX of the Education Amendments of 1972); 29 USC 621 et seq. (Age Discrimination in Employment); 29 USC 701 et seq. (Vocational Rehabilitation and Other Rehabilitation Services); 42 USC 2000d (1964 Civil Rights Act); 42 USC 12101 (Americans with Disabilities Act of 1990); Constitution of Louisiana, Art. I, Sec. 3, Art. X, Sec. 10; La. Rev. Stat. Ann. §§17:111, 23:301, 23:302, 23:303, 23:311, 23:312, 23:314, 23:322, 23:323, 23:332, 23:334, 23:341, 23:342, 23:352, 23:368; Griggs v. Duke Power Company, 91 S. Ct. 849 (1979); Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1979)

GAE:  NON-TITLE IX COMPLAINTS AND GRIEVANCES

Any employee of the St. John the Baptist Parish School Board shall have the right to appeal the application of policies and administrative decisions affecting him/her.  The employee shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to a personal grievance.

This policy shall not apply to sexual harassment complaints made pursuant to Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations.   Any such Title IX complaints shall be subject to the Grievance Procedure developed and maintained by the Superintendent or his/her designee under the provisions of policy JAAA, Title IX Sexual Harassment. 

Unless otherwise provided for in the Agreement between the St. John the Baptist Parish Association of Educators and the St. John the Baptist Parish School Board, grievances shall be in accordance with the following procedure:

1.         Definitions:

A.         A grievance is a claim by an employee or group of employees as a result of an alleged violation or misapplication of a contract, School Board policy, administrative regulation or procedures, or state or federal law, or an employee’s perception of a wrong against him/her as a result of management’s or another employee’s decisions or behaviors.  The term grievance does not include matters for which the method of review is prescribed by law or where the School board is without authority to act(e.g., employee lack of certification, terminations, rebuttal to observation, etc.)

B.         Employees covered by this procedure shall mean permanent employees of the School Board.

C.         Immediate Supervisor is that employee possessing administrative authority to direct the activities of the grievant.

D.         A grievant is the person making the claim.

E.         The term day shall mean working day.

2.         Procedure: 

Grievances shall be processed as rapidly as possible.  The number of days indicated at each level is a maximum, and every effort shall be made to expedite processing the grievance.

Step 1.  After informally and thoroughly discussing any grievance with their immediate supervisor, upon reaching no satisfactory resolution of the grievance, an employee shall promptly present the grievance in writing to the immediate supervisor.  Such notice shall be presented no later than five (5) working days from the date of discussion with the immediate supervisor.  The written grievance submitted shall state the nature of the grievance and the harm or injury caused that initiated the grievance.  The employee and the immediate supervisor shall attempt to resolve the grievance.  The immediate supervisor shall make a proper disposition of the grievance and shall reply to the employee within five (5) working days following the date of submission.  If the grievance is not submitted within the time prescribed, the employee shall be deemed not to have further right with respect to said grievance.

Step 2.  In the event the employee wishes to appeal the decision in Step 1 or if no decision has been rendered in the time specified, the appeal must be presented in writing to the next administrative officer of higher rank than the grievant's immediate supervisor.  Such appeal shall be presented within five (5) working days of the Step 1 decision.  Such appeal shall contain a statement of the grievance and specific references to the action taken causing the grievance.  The administrative officer shall schedule a meeting with the employee as promptly as is reasonably possible to attempt to resolve the grievance.  Notice of the conference shall be given to all parties involved in an alleged grievance.  The administrative officer shall issue a written decision to the grievant within five (5) working days after the conference.  Unless the grievance shall be so appealed, it shall be deemed to have been settled and the grievant shall have no further right with respect to said grievance.

Step 3.  In the event the grievant wishes to appeal the decision at Step 2, the appeal must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision.  A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent.  Upon receipt of such a written appeal, the Superintendent or his designee shall schedule a hearing at a specific date and time and send proper notice of the scheduled hearing to the grievant.  The Superintendent or designee, at the date and time specified, shall conduct a full hearing on the grievance, and in doing so, maintain a transcript of the proceedings.  Following the hearing the Superintendent or designee shall make a written recommendation for disposition of the grievance and provide a copy of the transcript to the School Board at a meeting of the Board.

Step 4.  After reviewing the transcript of the grievance hearing and the recommendation of the Superintendent or designee, the Board then shall dispose of the grievance.

3.         Miscellaneous

A.         A grievance may be withdrawn at any level without prejudice or record.  Additionally, there shall be no recrimination against a person because a grievance has been filed in accordance with the provisions outlined herein.

B.         Copies of all written decisions of grievances shall be sent to all parties involved.

C.         All documents, communication, or records dealing with a grievance shall be made part of the grievant's files and shall be destroyed only in accordance with Board policy.

D.         Appeals of grievance decisions will be limited to the specific issues raised in the original grievance.  The parties involved will not be allowed to expand the issues during the grievance procedure, except to the extent necessary to respond to administrative decisions made along the way.

E.         Failure by the employee to meet the timelines and requirements of this procedure shall result in dismissal of his grievance.  Failure by the administrative person rendering the decision to meet timelines and requirements of this procedure shall allow the grievant, at his option, to proceed to the next level of appeal.

7.         If the employee leaves the employment of the Board during the pendency, at any level, of a complaint or grievance, then the employee loses the right to continue the complaint process.

4.         Representation

            The person bringing forth the grievance shall have the right to present their own grievance.  Grievants have the right to have representation at Steps 2 and 3.

            If a person chooses to have representation when presenting their grievance, said person shall provide advance notice of such in writing to the immediate supervisor at the respective procedural level at least two (2) days prior to the meeting on the grievance.

Revised:  December, 1995

Revised:  March 21, 2013

Revised:  July, 2020

Ref:      La. Rev. Stat. Ann. '17:100.4; Pickering v. Board of Education, 88 S. Ct. 1731 (1968); Board minutes, 3-21-13.

GAEAA:  TITLE VII EMPLOYEE SEXUAL HARASSMENT

The St. John the Baptist Parish School Board recognizes that harassment on the basis of sex is a violation of state and federal law.  The Board, therefore, will not tolerate any sexual harassment on the part of any employee towards another employee within the workplace.  Conduct in violation of this prohibition shall result in severe disciplinary measures, up to and including dismissal.

It is the policy of the St. John the Baptist Parish School Board to provide an employment environment that is free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications deemed to constitute sexual harassment under federal and state laws, regulations, and guidelines. The St. John the Baptist Parish School Board shall not tolerate sexual harassment by any student, employee, non-employee volunteer, or School Board member toward any individual.

All managerial and supervisory personnel shall be responsible for enforcing St. John the Baptist Parish School Board's sexual harassment policy. Failure to enforce this policy in a prompt and strict manner may subject such personnel to disciplinary action.

DEFINITION

Sexualharassmenton the basis of sex is defined as any is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1.         Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

2.         Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting the individual, or

3.         Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Incidents of Conduct which might constitute sexual harassment may includes, but is not limited to, verbal harassment such as derogatory comments, jokes, or slurs, or remarks or questions of a sexual nature; physical harassment such as unnecessary or offensive touching; and visual harassment such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks, or gestures.  Harassment does not only depend upon the perpetrator's intention, but also upon how the person who is the target perceives the behavior or is affected by it.  Individuals who believe they have been the victim of sexual harassment from co- workers or others should make it clear that such behavior is offensive to them by saying so to the offender. 

REPORTING PROCEDURE

If an individual has concerns or a complaint about the nature of any conduct or physical contact by another employee of the school district, the individual should immediately report such concern to the Superintendent or his/her designee.  Administrators and supervisors who become aware of any allegation of possible harassment shall report such allegations to the Superintendent or designee.  All reports received shall be properly and adequately investigated.  All investigations shall be done in a discreet yet thorough manner.  Appropriate disciplinary action shall be taken when violations of this policy have been determined. 

Any employee who believes he or she has been the victim of sexual harassment, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to his/her immediate supervisor. The Supervisor shall then submit the reported information to the Director of Human Resources. If the alleged acts were committed by the employee's immediate supervisor, the complaint should be made directly to the Director of Human Resources.

If criminal activity is involved, the victim should also report the incident to local law enforcement.  The person to whom such complaint is given shall promptly prepare a written report and forward it to the Superintendent or his/her designee.

INVESTIGATION, RECOMMENDATION, AND RESULTS

The School Board shall respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School Board's legal obligations and the necessity to investigate allegations of harassment and take corrective or disciplinary action when appropriate.

Upon receipt of a report or complaint alleging sexual harassment, an investigation of such complaint shall be commenced and conducted by personnel designated by the Superintendent.  In conjunction with the procedures outlined in policy GAMC, Investigations, the investigation shall also include personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint, as well as a review of related charges, if any, personnel files, work records and other pertinent information.

In determining whether alleged conduct constitutes sexual harassment, the Superintendent or designee(s) should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved, and the context in which the alleged incidents occurred.

A report shall be made to the Superintendent upon completion of the investigation.  The report may include a finding that the complaint was unfounded, advise that the complaint was informally resolved, or recommend to the Superintendent disciplinary action.  No record of an unfounded or unsubstantiated complaint shall be filed in an employee's personnel file.

Upon receipt of the report by the Superintendent which includes a determination that a complaint is valid, he/she the Superintendent shall take such action as appropriate based on the results of the investigation, which may include disciplinary action up to and including, but not be limited to, suspension with or without pay, demotion, or termination of employment.

If, based on the results of the investigation, the claim of sexual harassment is found to be intentionally false, the Superintendent shall take such action as appropriate against the complainant, which may include, but not be limited to, suspension with or without pay, demotion, or termination.

Any employee shall have the right to pursue a claim of sexual harassment under state or federal law, regardless of the outcome of the School Board’s investigation.

RETALIATION PROHIBITED

The Board shall prohibit retaliation against an employee for a complaint made or for participating in an investigation of alleged harassment.

Retaliation against any person who reports alleged sexual harassment or who testifies, assists, or participates in an investigation, proceeding, or hearing relating to a sexual harassment complaint shall be prohibited. Any individual who retaliates against any such person shall be subject to disciplinary action. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment at the time of a report or any time after a report.

NON-HARASSMENT

The School Board recognizes that not every advance or consent of a sexual nature constitutes harassment.  Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances.  Deliberate false accusations of sexual harassment can have a serious detrimental effect on innocent parties and subject the accuser to disciplinary actions.

NOTIFICATION/TRAINING

Copies of this policy shall be circulated to all schools and departments of the St. John the Baptist Parish School Board and placed on the School Board’s website. Training sessions on the provisions of this policy and the prevention of sexual harassment shall be held in all schools on an annual basis. Training sessions for new non-teaching employees shall be conducted annually. Supervisors and other persons designated to accept or investigate complaints of sexual harassment in the workplace shall receive additional education and training.

Employees shall be apprised of applicable federal and state law on sexual harassment, including the right of the complainant to pursue a claim under state or federal law, regardless of the outcome of the investigation.

Revised:  October, 2002

Revised:  July, 2020

Ref:      42 USC 2000e et seq. (Civil Rights Act of 1964); 29 CFR §1604.11 (Guidelines on Discrimination Because of Sex); La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 14:81.4, 17:81, 23:967, 42:341, 42:342, 42:343; La. Civil Code, '2315; Board minutes, 8-15-02.

GAMC:  INVESTIGATIONS

GENERAL INVESTIGATIONS

Concerns about serious situations or conditions within the school system should be reported to the Superintendent or his/her designee.  Should the Superintendent determine that the situation/condition warrants investigation, he/she shall have the matter investigated by appointing appropriate staff personnel (one or more persons) to make the necessary inquiries.  At the conclusion of their investigation, a report shall be prepared for submission to the Superintendent.

No School Board member shall participate inany investigation undertaken in the school system. shall be conducted in accordance with the following stipulations:

1.         No School Board member shall participate in any manner in an investigation.

2.         The Superintendent or designee shall use every means possible to protect School Board personnel from unwarranted personal criticism.

In any investigation into incidents involving accidents or injuries to students or employees, or involving student misconduct, or the competence, honesty or performance of duties of employees, all employees of the St. John the Baptist Parish School Board shall, upon reasonable request by the Superintendent or his/her designee, give a statement of the facts and circumstances within the employee's knowledge, or an accounting of the employee's conduct concerning the circumstances which are the subject of the investigation or are related to the matter being investigated.

If deemed appropriate by the Superintendent or his/her designee in the conduct of such investigation, employees shall, upon reasonable notification, appear at the offices of the Superintendent or at such other suitable location within the parish as might be appropriate and convenient in the investigation.

During any such employee interview, the employee may have legal representation if desired by the employee, but said representation shall be at no cost to the St. John the Baptist Parish School Board.

PUBLIC ANNOUNCEMENT OF EMPLOYEE DISCIPLINE

The St. John the Baptist Parish School Board, in accordance with state law, shall initiate an investigation of an employee, in cases where the School Board has made a public announcement that an employee may be disciplined, whether or not there is an accompanying reduction in pay.  The investigation shall proceed as outlined below under Reporting Investigation Procedures.  Not later than thirty (30) days after the conclusion of the investigation and prior to any School Board action to implement such disciplinary action, the employee may appear, if he/she so determines, before the School Board in open session and be given a reasonable time, as determined by the School Board, to comment on the investigation and any actions taken or proposed to be taken involving the employee.

These provisions shall not be applicable to any reduction in force initiated by the School Board.

IMPERMISSIBLE CORPORAL PUNISHMENT OR MORAL OFFENSES

If an employee is accused of impermissible corporal punishment, or of a moral offense involving a student, a prompt, thorough investigation shall be conducted by the Superintendent or designee.  The investigation shall proceed as outlined below under Reporting Investigation Procedures.  A written report of the results of the investigation shall be prepared, and the employee shall be provided with a copy of such report.  The Superintendent may promulgate such administrative regulations and procedures as he/she deems necessary to implement this policy.  Any employee found to have violated the provisions of School Board policy shall be disciplined by such means as appropriate to the incident, including reprimand, suspension, termination, and/or referral to the local child protection agency/law enforcement.

If the allegation falls within the definition of abuse as defined in state law, Board policy JGCE, Child Abuse, then all school employees with knowledge of such incidents become mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and School Board policy (see policy JGCE, Child Abuse).   Such reporting shall be made and applied in conjunction with the procedures outlined in this policy. 

TITLE IX SEXUAL HARASSMENT INVESTIGATIONS

Any investigation of sexual harassment under Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations shall be conducted in accordance with the procedures developed and maintained by the Superintendent or his/her designee under the provisions of policy JAAA, Title IX Sexual Harassment.

REPORTING INVESTIGATION PROCEDURES

In instances where allegations of abuse of a student are reported against an employee, through the administering of impermissible corporal punishment, or any other offense, the Board shall promptly investigate the action.  Such investigation shall proceed in accordance with the following:

1.         A complaint against an employee alleging that the staff member has committed an act of child abuse, including moral offenses, the administering of impermissible corporal punishment or any other offense, shall be submitted in writing to the Superintendent.

2.         Once the complaint has been submitted to the Superintendent, the Superintendent shall appoint an investigating team to examine the allegations.  The investigating team shall consist of at least two (2) employees, none of which shall work in the same school or department as the person accused of the offense, with at least one (1) member being from the central office, who shall lead the investigation.

3.         The leader of the investigation team shall immediately schedule a conference with the employee under investigation to assess the validity of the report.  Other staff members or students may be interviewed if it is deemed essential to the investigation.

4.         At the conclusion of the investigation, the investigation team shall file a written report of the findings with the Superintendent.  The report may include disciplinary action to be considered against the employee if the allegations can be substantiated.

5.         Once the Superintendent receives the investigation team's report, he/she shall review the findings in the report and determine if further action is necessary.  If he/she determines that further action is indeed necessary, disciplinary action may be taken in accordance with School Board policy, which may include termination of employment.  Record of any disciplinary action taken shall be placed in the employee’s personnel file.

Revised:  October 15, 2009

Revised:  October 18, 2012

Revised:  July, 2020

Ref:      34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance); La. Rev. Stat. Ann. ''14:403, 17:81, 17:81.6, 17:81.8; Board minutes, 10-15-09, 10-18-12.

JAAA:  TITLE IX SEXUAL HARASSMENT

The St. John the Baptist Parish School Board desires to provide a safe school environment that allows all students equal access and opportunities in the School District's academic, extracurricular, and other educational support programs, services, and activities.  The School Board does not discriminate on the basis of sex in the education program or activity that it operates.  The School Board is required by Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations not to discriminate on the basis of sex in the education program or activity that it operates, including admission and employment.  The School Board recognizes that sexual harassment is a form of discrimination on the basis of sex and the School Board prohibits sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.

Any person may report discrimination based on sex, including sexual harassment, in person, by mail, by telephone, or by electronic mail to the School Board’s Title IX Coordinator at any time, including during non-business hours. Any School Board employee who has actual knowledge of sexual harassment must report the conduct to the Title IX Coordinator.  The St. John the Baptist Parish School Board’s Title IX Coordinator’s name and contact information is provided to applicants for admission and employment, students, parents or legal guardians, school students, employees, and published in the Student Code of Conduct, and on the School Board’s website.  Reports of and inquiries regarding unlawful sex discrimination may also be made to the Assistant Secretary for Civil Rights of the U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 20202-1100, Email: ocr@ed.gov, 1-800-421-3481.  The School Board’s Title IX Coordinator shall be authorized to coordinate the School Board’s Title IX obligations.

DEFINITIONS

As used in this policy:

Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the any employee of the School Board. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge.  This standard is not met when the only official of the School Board with actual knowledge is the respondent.

Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the School Board investigate the allegation of sexual harassment.  At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the St. John the Baptist Parish School Board with which the formal complaint is filed.  A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under and by any additional method designated by the School Board. As used in this paragraph, the phrase document filed by a complainant means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the School Board) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator shall not be a complainant or otherwise a party to any grievance procedure, and shall at all times comply with Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.

Notice means whenever any employee:  witnesses sexual harassment; hears about sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer); receives a written or verbal complaint about sexual harassment or sexual harassment allegations; or by any other means.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1.         An employee of the St. John the Baptist Parish School Board conditioning the provision of an aid, benefit, or service of the St. John the Baptist Parish School Board on an individual’s participation in unwelcome sexual conduct;

2.         Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the St. John the Baptist Parish School Board’s education program or activity; or

3.         Sexual assault as defined in 20 USC 1092, dating violence as defined in 34 USC 12291, domestic violence as defined in 34 USC 12291, or “stalking” as defined in 34 USC 12291.

Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.  Such measures are designed to restore or preserve equal access to the School Board’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the School Board’s educational environment, or deter sexual harassment.  Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The School Board shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the School Board to provide the supportive measures.  The Title IX Coordinator shall be responsible for coordinating the effective implementation of supportive measures.

COVERAGE

This policy applies to all students, employees and non-employee volunteers, to the elected members of the School Board, and to all students of the St. John the Baptist Parish School District.  It applies at school, and locations, events, or circumstances over which the School Board has exercised substantial control over both the respondent and the context in which sexual harassment occurs.

TITLE IX COORDINATOR

The Superintendent shall designate and authorize a “Title IX Coordinator” to coordinate the St. John the Baptist Parish School Board’s efforts to comply with Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.  The Title IX Coordinator shall undergo and receive all training required by Part 106 of Title 34 of the United States Code of Federal Regulations. The name, office address, electronic mail address, and telephone number of the Title IX Coordinator shall be published as required by Part 106 of Title 34 of the United States Code of Federal Regulations.

RESPONSE TO SEXUAL HARASSMENT

If the St. John the Baptist Parish School Board has actual knowledge of sexual harassment in an education program or activity, then the Title IX Coordinator shall be informed and the Title IX Coordinator shall offer supportive measures and follow the grievance procedures adopted pursuant to this policy.

The Superintendent and/or the Title IX Coordinator shall develop and maintain a Title IX Grievance Procedure that complies with 34 CFR §106.45, including investigation of any incident of which it has actual knowledge.  The Title IX Grievance Procedure shall include the procedures to appeal any determination regarding sexual harassment under Title IX.

Nothing shall preclude the School Board from removing a respondent from the School Board’s education program or activity on an emergency basis, provided that an individualized safety and risk analysis determines an immediate threat to the physical health or safety of a complainant, student, or other individual arising from the allegations of sexual harassment justifies immediate removal. Neither shall the School Board be precluded from placing a non-student employee respondent on administrative leave during the pendency of the grievance process developed according to this policy. In both such instances the respondent shall be provided with notice and an opportunity to challenge the decision contemporaneously with or immediately following the removal.  This provision shall not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act or regulations promulgated thereunder. 

TITLE IX RECORDKEEPING

The St. John the Baptist Parish School Board shall retain for a period of seven (7) years records of each sexual harassment investigation including any determination regarding responsibility, any appeal and the result therefrom, any informal resolution and the result therefrom, and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. 

For any response to actual knowledge of sexual harassment, the Title IX Coordinator shall create and maintain for a period of seven (7) years, records of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment.  In each instance the Title IX Coordinator shall document the basis for a conclusion that its response was not deliberately indifferent and document the measures designed to restore or preserve equal access to the School Board’s education program or activity.  If no supportive measures were provided to a complainant, then the Title IX Coordinator shall document the reasons why such a response was not clearly unreasonable in light of the known circumstances. 

NONRETALIATION

Neither the St. John the Baptist Parish School Board nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or Part 106 of Title 34 of the United States Code of Federal Regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for other policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or Part 106 of Title 34 of the United States Code of Federal Regulations, constitutes retaliation.

The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited by this policy.  Charging an individual with a policy violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

CONFIDENTIALITY

The St. John the Baptist Parish School Board shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA statute, 20 USC 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.  Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination as set forth in this policy. 

SUSPECTED CHILD ABUSE

If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board 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 School Board policy.  Such reporting shall be made in addition to any procedures for handling sexual harassment complaints.

New policy:  July, 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.

JCEA:  STUDENT SEXUAL HARASSMENT AND INTIMIDATION

SEXUALLY RELATED STUDENT MISCONDUCT

It is the policy of the St. John the Baptist School Board to maintain a learning environment that is free from sexual harassment of students and harassment because of a student's race, color, national origin, and disability.  The School Board shall prohibit any and all forms of harassment because of race, color, national origin, and disability.

It shall be a violation of this policy for any student, teacher, administrator, or other school personnel of this school district to harass a student through conduct of a sexual nature, or conduct regarding race, color, national origin, or disability, as defined by this policy.

It shall also be a violation of this policy for any teacher, administrator, or other school personnel of this school district to tolerate sexual harassment of a student or harassment because of a student's race, color, national origin, or disability, as defined by this policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, under the auspices of the school district or any school within the school system.

For purposes of this policy, the term school personnel includes School Board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the school district.

The St. John the Baptist Parish School System will act to promptly investigate all complaints, either formal or informal, verbal or written, of sexual harassment of a student and harassment of a student because of race, color, national origin, or disability; to promptly take appropriate action to protect students from further harassment; and, if it determines that unlawful harassment occurred, to promptly and appropriately discipline any student, teacher, administrator or another school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment.

DEFINITIONS

A.         Sexual Harassment

            For purposes of this policy, sexual harassment of a student consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

1.         a school employee/student causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school district causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or

2.         the unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment.

Examples of conduct which may constitute sexual harassment include:

-           sexual advances

-           touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex

-           coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts

-           coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another

-           graffiti of a sexual nature

-           sexual gestures

-           sexual or dirty jokes

-           touching oneself sexually or talking about one's sexual activity in front of others

-           spreading rumors about or rating other students as to sexual activity or performance

-           unwelcome, sexually motivated or inappropriate patting, pinching or physical contact. This prohibition does not preclude legitimate, non-sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as teacher's consoling hug of a young student, or one student's demonstration of a sports move requiring contact with another student

-           other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied by implied or overt threats concerning an individual's educational status or implied or overt promises of preferential treatment.

B.         Harassment because of Race or Color

            For purposes of this policy, racial harassment of a student consists of verbal or physical conduct relating to an individual's race or color, when

1.         the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or

2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's academic performance; or

3.         the harassing conduct otherwise adversely affects an individual's learning opportunities.

Examples of conduct which may constitute harassment because of race or color include

            -           graffiti containing racially offensive language

            -           racially offensive name calling, jokes or rumors

                        -           threatening or intimidating conduct directed at another because of the other's race or color

            -           racially offensive notes or cartoons

                        -           racial slurs, negative stereotypes, and hostile acts which are based upon another's race or color

                        -           written or graphic material containing racial comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes

                        -           a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race or color

                        -           other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color.

C.         Harassment based on National Origin or Ethnicity

            For purposes of this policy, ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual's ethnicity or country, country of origin, or the country of origin of the individual's parents, family members or ancestors when:

1.         the harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or

2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or

3.         the harassing conduct otherwise adversely affects an individual's learning opportunities.

            Examples of conduct which may constitute harassment because of national origin or ethnicity include

                        -           graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity

                        -           threatening or intimidating conduct directed at another because of the other's national origin or ethnicity

                        -           jokes, name calling, or rumors based upon an individual's national origin or ethnicity

                        -           ethnic slurs, negative stereotypes, and hostile acts which are based upon another's national origin or ethnicity

                        -           written or graphic material containing ethnic comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes.

                        -           a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual's ethnicity or national origin

                        -           other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual's national origin or ethnicity.

D.         Harassment because of Disability

            For purposes of this policy, harassment because of the disability of a student consists of verbal or physical conduct relating to an individual's physical or mental impairment when:

1.         the harassing conduct is so severe, persistent or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; or

2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or

3.         the harassing conduct otherwise adversely affects an individual's learning opportunities.

            Examples of conduct which may constitute harassment because of disability include

                        -           graffiti containing offensive language which is derogatory to others because of their physical or mental disability

                        -           threatening or intimidating conduct directed at another because of the other's physical or mental disability        

                        -           jokes, name calling, or rumors based upon an individual's physical or mental disability

                        -           slurs, negative stereotypes, and hostile acts which are based upon another's physical or mental disability

                        -           written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes

                        -           a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual's physical or mental disability

                        -           other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual's physical or mental disability.

REPORTING PROCEDURES

Any student who believes he or she has been the victim of sexual harassment or harassment because of race or color, national origin, or disability by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extra curricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts of any appropriate school district official designated by this policy.

Any teacher, administrator, or other school personnel who has or receives notice that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the school district or a school within the school system, is required to follow the Board adopted procedures and immediately report the alleged acts to an appropriate school district official designated by this policy.

Any other person with knowledge or belief that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability as set forth above, is encouraged to immediately report the alleged acts to an appropriate school district official designated by this policy.

The school district encourages the reporting party or complainant to use the report form available from the principal of each school or available from the school district's central office, but this policy shall not prevent any person from reporting harassment or intimidation directly to the school district's Human Rights Coordinator or the Superintendent of Schools.

A.         At the School Building Level

            The principal shall be the person responsible at the school level for receiving oral or written reports of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student. Any other school administrator, teacher, or other school personnel who receives a report of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student shall immediately inform the principal.

            Upon receipt of a report of sexual harassment and/or intimidation or harassment and/or intimidation based upon the race, color, national origin, or disability of a student, the principal shall immediately notify the school district's Human Rights Coordinator. Such notification shall be made by the principal prior to any screening of, or investigation into, the complaint and prior to any effort by the principal to determine whether the complaint has merit.

            Following notification by the principal to the school district's Human Rights Coordinator, the principal shall thereafter, and as soon as practicable, forward to the Human Rights Coordinator a written report containing a statement of the alleged facts and a copy of the report form where a written complaint has been received.  Where the complaint is verbally received by the principal, he/she shall reduce it to written form within twenty-four (24) hours of receiving it and, thereafter, he/she shall immediately forward the report to the Human Rights Coordinator.

            Nothing in this policy shall prevent a principal from requesting of a student that a report of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability be reduced to writing, but he/she shall not insist that a report be reduced to writing by the reporting student party or complainant:

            Failure to comply with the above notification and reporting provisions of this policy by a principal shall result in a disciplinary action against the principal.

            In the event that a report or complaint of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national. origin, or disability should involve an act or the conduct of the principal, the complaint shall be made directly to the Superintendent of Schools or the Human Rights Coordinator.

B.         The Human Rights Coordinator

            The school district designates the Director of Personnel as the Human Rights Coordinator for the school system to receive reports or complaints of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability. If the report or complaint involves an act or the conduct of the Human Rights Coordinator, it should be made directly to the Superintendent of Schools.

            The school system shall conspicuously post the name of the Human Rights Coordinator, including his/her mailing address and office telephone number at each school within the school system.

C.         Non-Retaliation

            Submission of a good faith report or complaint of sexual harassment and/or Intimidation or harassment and/or intimidation of a student based upon race, color, national origin, or disability shall not affect the reporter's or complainant's future employment, work assignment, or grades, eligibility for participation in school activities and extracurricular activities, as the case may be.

D.         Confidentiality

            The school district shall respect the privacy of the complainant, the individual or Individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's obligations to investigate, to take appropriate action, and to conform with any discovery requests in a pending lawsuit or disclosures otherwise required by law.

INVESTIGATION OF COMPLAINTS AND REPORTS

The Human Rights Coordinator shall immediately investigate or authorize the investigation of all reports and complaints involving alleged sexual harassment and/or intimidation or harassment and/or intimidation of students based upon race, color, national origin, or disability. The Human Rights Coordinator may authorize a school system official or, with the written approval of the Superintendent of Schools, a third party to conduct the investigations.

Investigations of sexual harassment and/or intimidation and harassment and/or intimidation of students based upon race, color, national origin, or disability may consist of personal interviews with the complaints or the individual who is alleged to have been harassed or intimidated where the alleged misconduct is reported by a fellow student, teacher, or other school personnel, the individual or individuals against whom the complaint is made, witnesses, and any other persons who may have knowledge of the alleged incident or incidents or circumstances leading to or giving rise to the complaint. Other methods of investigation also may be used and pertinent documents may be examined by the investigator.

In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past of continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular act or conduct constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of the investigation.

Investigations shall be completed as soon as practicable. The Human Rights Coordinator shall make a written report to the Superintendent o Schools upon the completion of the investigation. If the complaint involves the Superintendent of Schools, the report shall be made and filed directly with the School Board. Complaints involving harassment and/or intimidation of students based upon an alleged act or the conduct of the Human Rights Coordinator shall be investigated by the Superintendent of Schools or his/her designee and the written report following completion of the investigation shall include determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

SCHOOL DISTRICT ACTION

The school district shall take appropriate action in response to receipt of a report of an investigation of sexual harassment and/or intimidation and harassment and/or intimidation of a student based upon race, color, national origin, or disability.  Where the report determines that the alleged act or conduct appears to be a violation of this policy, such actions include, but shall not be limited to, a warning, or, in accordance with pertinent Board policies and applicable law, suspension, expulsion, transfer, remediation, termination or discharge.  The school district's response shall be consistent with the violation of this policy and any applicable provisions of state and/or federal law and other applicable Board policies, and any applicable provisions of the school district's collective bargaining agreement.  Whenever the act or conduct determined to be in violation of this policy may also constitute a violation of a criminal statute of this state or of the United States, the appropriate law enforcement officer (the police, sheriff or district attorney at the local/state level, or the United States Attorney at the federal level) shall be promptly notified.

The result of the school district's investigation under this policy shall be reported in writing to the complainant by the school district in accordance with state and federal law regarding data or records privacy and consistent with privacy rights of the alleged harasser or intimidator.

REPRISALS PROHIBITED

The school district shall discipline or take appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person who reports on or complains about an incident of sexual harassment and/or intimidation or harassment and/or intimidation of a student based upon the race, color, national origin, or disability.

RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

The procedures set forth in this policy shall not be construed to deny the right of any individual to pursue other avenues of recourse which may include the filing of a petition or civil complaint in a state or federal court or seeking redress under criminal law statutes.

DISSEMINATION OF POLICY

This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel.

This policy shall appear in each school's student handbook.

The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students.

The St. John the Baptist Parish School Board disapproves of and does not tolerate sexual misconduct by employees to students, by students to employees, or by one student to another student.  No employee or student, either male or female, should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.  Sexual misconduct does not refer to occasional compliments of a socially acceptable nature.  It refers to behavior that is not welcome, that is personally offensive, and therefore interferes with the purposes of the employee and/or student in the academic, extracurricular, and co-curricular atmosphere, but that does not rise to the level of sexual misconduct as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.  Sexual misconduct includes any type of sexually coercive conduct, including, but not limited to, threats, comments, jokes or overtures of a sexual nature. 

COVERAGE

This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the St. John the Baptist Parish School District.  It applies at school, school sponsored events on or off school grounds, and in situations which are related to operations of the school.

COMPLAINT PROCEDURE

Complaints of sexual misconduct which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school or other designated administrative personnel.  Should the claim of sexual misconduct be brought against the principal of the school, the complaint should be brought directly to the Supervisor of Child Welfare and Attendance or his/her designee or the Title IX Coordinator.  The complaint need not be in writing, but students are encouraged to do so.  Such reports should include the nature of the complaint, recording the specific act or acts which constitute the misconduct complained of, the person or persons who the complainant alleges committed the misconduct, witnesses to the acts complained of, and the date and time of the alleged act or acts.

After notification of the complaint, a confidential investigation shall immediately be initiated by the Superintendent or his/her designee to gather all facts about the complaint.  The investigation may use some or all of the investigation procedures outlined policy JCDAF, Bullying and Hazing.

After the investigation has been completed, a determination shall be made regarding the resolution of the complaint.  If warranted, disciplinary action shall be taken up to and including involuntary termination of an employee and/or expulsion of a student.  Any disciplinary action regarding an employee shall be placed in the employee's personnel file which shall reflect the action taken and the grounds therefor.  Any disciplinary action taken in regard to a student shall be maintained as any other student disciplinary violation.

NONRETALIATION

Retaliation against any employee or student who brings sexual misconduct charges or who assists in investigating such charges shall be prohibited.  Any employee or student bringing a sexual misconduct complaint or assisting in the investigation of such a complaint shall not be adversely affected, discriminated against or punished because of the complaint.

SUSPECTED CHILD ABUSE

If the victim of the alleged sexual misconduct is a minor student and if the alleged misconduct falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations shall be reported to child protection or law enforcement as provided by state law and School Board policy.  Such reporting shall be made in addition to any procedures for handling sexual misconduct complaints.

Revised:  July, 2020

Ref:      42 USC 2000e (Civil Rights-Definitions); 29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Misconduct); La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81; Board minutes, 8-15-02.

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ITEM 9c.  Public Comment. Mr. Albert A. Burl, III – RFP for General & Fleet Liability Policy for non-renewal

MOTION BY:   Burl

SECOND BY:   Wallace

MOTION:          To advertise an RFP for General & Fleet Liability Policy and ask that the District Attorney’s Office assist in creating this document to ensure it is legally binding.

No objections.

Roll Call:

11 Yeas – Holden, Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders

1 Absent - Johnson

The motion carried.

ITEM 9d.  Public Comment.  Ms. Sylvia Taylor – Saving Our Schools

Ms. Taylor addressed the board regarding this year’s start of school.

ITEM 10.  ADMINISTRATIVE MATTERS

ITEM 10a.  Public Comment.  Mr. Albert A. Burl, III – Discussion of Reporting Requirements to the DOJ for the ongoing consent decree

Mr. Burl asked that this item be deferred to the Executive Committee Meeting next Tuesday at 9:00 a.m. (August 18, 2020)

ITEM 11.  BOARD ITEMS OF INTEREST

Mrs. Schum asked that a Salary Study Committee meeting be called soon.  Also she asked for a staffing by school site (certified vs non-certified).

Ms. Mitchell asked if there is a virtual discipline policy in place and if not, could we please work on that asap.

Mr. Wallace thanked everyone for their prayers and support during the passing of his mom. 

Mr. Jones thanked the employees for their hard work and diligence throughout this pandemic. He asked Mr. Sanders if a retreat is scheduled. Mr. Sanders stated that we will plan several “mini workshops” in place of a retreat.

Ms. Holden asked if administration would please share a Professional Development schedule with the Board.

ITEM 12.  ADJOURNMENT

The agenda having been completed, and there being no further business, there was a

MOTION BY:    Triche

SECOND BY:   Wallace

MOTION:         Motion for adjournment.

There were no objections.

10 Yeas – Holden, Burl, Keller, DeFrancesch, Jones, Schum, Wallace, Mitchell, Triche, Sanders

1 Absent - Johnson

The motion carried.

The meeting adjourned at 8:13 p.m.

_____________________________________                               _____________________________________

Dr. Lynett Hookfin, Superintendent/Secretary                                Patrick H. Sanders, President