PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
GODCHAUX GRAMMAR CAFETERIA - RESERVE, LA
MEETING OF SEPTEMBER 17, 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 Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, on Thursday, September 17, 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 6:56 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, Jones, Schum, Wallace, Mitchell, Triche, Sanders
ABSENT: DeFrancesch, Johnson
There were 9 members present and 2 members absent.
ITEM 3. APPROVAL OF MINUTES: The Chair called for Public Comment.
MOTION BY: Jones
SECOND BY: Wallace
9 Yeas - Holden, Burl, Keller, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent - DeFrancesch, Johnson
ITEM 4. SUPERINTENDENT’S REPORT. Dr. Lynett Hookfin, Superintendent.
a. Recognition of St. John the Baptist Parish Schools’ Maintenance Department
The maintenance department employees were recognized for their outstanding work. Mrs. Patricia Triche, on behalf of Superintendent Hookfin, read the following: At this time we would like to congratulate our hard working maintenance team for making sure that the upcoming new work order system will be more effective and efficient in order to better service schools. We would like to thank this team for working as a “TEAM” and most importantly dedicating years of service to St. John the Baptist Parish Schools. Without their help our schools would not have conducive learning environments for our scholars. Their years of service range from 3 to 20+ years of service.
Thank you Maintenance Team for making a difference in our great district.
The following employees were recognized: Hamilton Walters, 2 years of service; Marcos Martinez, 2 years of service; Rodney Mitchell, 3 years of service; Ryan Pierre, 3 years of service; Kevin Zulli, 5 years of service; Richard (Ricky) Songy, 7 years of service; Ronald Parquet, 12 years of service; Miguel Ortiz, 13 years of service; John Wisniowiecki, 15 years of service; Joseph (Joe) Williams, 15 years of service; Garrette Trosclair, 18 years of service; Oscar Bovie, 18 years of service; Travis Cook, 18 years of service; Tara Reno, 19 years of service; Johnny Perez, 22 years of service; Wanda Bowser, 41 years of service.
Each team member was given a small token of appreciation and a certificate with their years of service.
b. Destination after Graduation
East St. John High School Senior Jesslyn James was introduced to speak about “Destination after Graduation”. She thanked the Board and Superintendent Hookfin and stated that each high school senior will be assigned an adult mentor, who will check in on their senior occasionally, and “mentor” them with their plans after graduation.
c. Principal of the Day
Jazz Thompson introduced herself to the Board and audience, and introduced the Principal of the Day Program.
Dr. Hookfin elaborated on the program, stating that their will be “Principals of the Day” sometime in October, where Parish Councilmembers will be Principal of the Day at our campuses. Councilmember Tyra Duhe-Griffin addressed the School Board and audience, thanking Dr. Hookfin for the invitation. She stated that the Councilmembers are all looking forward to the challenge of being a Principal for a Day.
d. East St. John High School Alumni Association
Melanie Burl, representing the ESJH School Alumni Association spoke to the board regarding the annual reunion. She stated that the initial reunion tailgate in 2017, there were 790 alumni and last year there was 1780 alumni, representing 55 different classes. This Alumni Association has given $1000’s of dollars in academic scholarships and hope to continue to do so for many years.
e. Celebrate a Scholar
Dr. Hookfin: Every meeting we will recognize a scholar from St. John the Baptist Parish and is asking principals to begin thinking about nominating students. This scholar will not always be a 4.0, A+ students, but rather students who are striving for excellence and works hard every day to achieve greatness.
Following the conclusion of Dr. Hookfin’s report, Mr. Burl asked for the student enrollment and a count of students that actually have laptops.
Dr. Hookfin: 5,599 and we currently have 749 scholars unaccounted for. We need to accurately screen how attendance is being taken daily. It is time to knock on doors and get our scholars back!
Mr. David Andras stated that as of today, 4497 computers have been distributed, both to teachers and to students. He also stated that all 3 high schools are one-to-one at this time. Mr. Andras stressed that technology has not been funded properly in the past, and this is something that must be addressed in future budgets. Ms. Mitchell asked for a report on Title I computers, sites and count.
ITEM 5. EDUCATION PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF
ITEM 5a. Memorial Resolution to the family of Diane Wallace
The following resolution was read into the record:
RESOLUTION
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA
WHEREAS, Mrs. Diane Wallace served the students of St. John the Baptist Parish School System for 32 years; and
WHEREAS, Mrs. Wallace served the schools, students, faculties and staff of this parish, and the worthiness of her service will always be remembered; and
WHEREAS, in recognition of her dedication and commitment to our students, the St. John the Baptist Parish School Board offers this Resolution of Sympathy to the members of her family; and
THEREFORE BE IT RESOLVED, that this school district, on behalf of its members, recognizes and appreciates the contributions of Mrs. Diane Wallace. Furthermore, St. John the Baptist Parish School System wishes that this Resolution be made part of the official record of this School Board on this 17th day of September, in the year 2020, thus done and subscribed therein.
Item 9b. Memorial Resolution to the family of Teckla Holder
RESOLUTION
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA
WHEREAS, Mrs. Teckla Holder served the students of St. John the Baptist Parish School System for 31 years; and
WHEREAS, Mrs. Holder served the schools, students, faculties and staff of this parish, and the worthiness of her service will always be remembered; and
WHEREAS, in recognition of her dedication and commitment to our students, the St. John the Baptist Parish School Board offers this Resolution of Sympathy to the members of her family; and
THEREFORE BE IT RESOLVED, that this school district, on behalf of its members, recognizes and appreciates the contributions of Mrs. Teckla Holder. Furthermore, St. John the Baptist Parish School System wishes that this Resolution be made part of the official record of this School Board on this 17th day of September, in the year 2020, thus done and subscribed therein.
ITEM 9c. Memorial Resolution to the family of Ariel Taylor
RESOLUTION
ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA
WHEREAS, Ms. Eria Taylor served the students of St. John the Baptist Parish School System for 23 years; and
WHEREAS, Ms. Taylor served the schools, students, faculties and staff of this parish, and the worthiness of her service will always be remembered; and
WHEREAS, in recognition of her dedication and commitment to our students, the St. John the Baptist Parish School Board offers this Resolution of Sympathy to the members of her family; and
THEREFORE BE IT RESOLVED, that this school district, on behalf of its members, recognizes and appreciates the contributions of Ms. Eria Taylor. Furthermore, St. John the Baptist Parish School System wishes that this Resolution be made part of the official record of this School Board on this 17th day of September, in the year 2020, thus done and subscribed therein.
President Sanders asked that Mr. Eddie Jones and family be remembered in our prayers, as he passed away recently.
ITEM 6. PERSONNEL MATTERS
ITEM 7. BUSINESS AND FINANCE
ITEM 7a. Public Comment. Mrs. Sara Loupe – . Mrs. Sara Loupe – Request Board approval of the Amended Budget for 2019-2020 as presented
MOTION BY: Triche
SECOND BY: Keller
9 Yeas - Holden, Burl, Keller, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent - DeFrancesch, Johnson
ITEM 8. OLD BUSINESS
ITEM 8a. Public Comment. Ms. Terry Charles – Request approval to accept bid award for Cleaning Supplies for the Child Nutrition Program
MOTION BY: Wallace
SECOND BY: Triche
9 Yeas - Holden, Burl, Keller, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent - DeFrancesch, Johnson
ITEM 9. NEW BUSINESS
ITEM 9a. Public Comment. Ms. Iman Montgomery – Request approval of revised policy GAAA – Equal Opportunity Employment
MOTION BY: Triche
SECOND BY: Schum
1 Not Seated – Jones
2 Absent – DeFrancesch, Johnson
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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 on the School District. Thus, the School Board pledges compliance with the regulations implementing Title VI, Title VII, Title IX, The Americans with Disabilities Act of 1990, as amended, (“ADA”), and Section 504 of the Rehabilitation Act of 1973, as amended (“Section 504”).
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.
Any inquiries, concerns, or complaints related to discrimination based on sex should be brought to the attention of the St. John the Baptist Parish School Board's Title IX Coordinator. The name and contact information for the Title IX Coordinator may be found on the district website and in student handbooks.
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 persons with disabilities, namely Section 504 and the ADA 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.
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)
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ITEM 9b. Public Comment. Ms. Iman Montgomery – Request approval of revised policy GAE - Non-Title IX Complaints and Grievances
MOTION BY: Holden
SECOND BY: Schum
1 Not Seated – Jones
2 Absent – DeFrancesch, Johnson
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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,. 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., promotions, employee lack of certification, discipline, terminations, rebuttal to observation, reduction of personnel, 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.
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ITEM 9c. Public Comment. Ms. Iman Montgomery – Request approval of revised policy GAEAA - Title VII Employee Sexual Harassment
MOTION BY: Holden
SECOND BY: Mitchell
1 Not Seated – Jones
2 Absent – DeFrancesch, Johnson
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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 andregulations. 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 administrative 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.
Examples of behavior that would constitute sexual harassment may include, but are 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; attempted or sexual rape or sexual assault; visual harassment such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks, or gestures; displaying sexually suggestive objects in the workplace or school settings; and quid quo pro sexual harassment, such as demanding sexual favors accompanied by implied or overt promises or threats concerning an individual’s employment.. 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 or applicant 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 immediately prepare a written report and forward it to the Superintendent or his/her designee. . Failure to forward a report pursuant to this policy may lead to disciplinary action up to and including termination. Employees or applicants for employment may also report allegations of sexual harassment to the Director of Human Resources.
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 sexually related conduct, 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.
The results of the investigation of each complaint under these procedures shall be reported in writing to the complainant and the alleged harasser by the Superintendent or his/her designee.
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 conduct 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 serious detrimental effects 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.
STUDENT-ON-STUDENT SEXUAL MISCONDUCT OR HARASSMENT
Handling of complaints of student-on-student sexual misconduct or sexual harassment
are governed by Policy JAAA, Title IX Sexual Harassment orJCEA, Student Sexual Misconduct.
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.
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ITEM 9d. Public Comment. Ms. Iman Montgomery – Request approval of revised policy GAMC – Investigations
MOTION BY: Wallace
SECOND BY: Schum
1 Not Seated – Jones
2 Absent – DeFrancesch, Johnson
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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 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. The attorney may not actively participate in any interview or meeting with the employee, and participation in any meeting or interview by the attorney shall be limited to only providing guidance to the employee.
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.
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.
REPORTING INVESTIGATION PROCEDURES
With the exception of Title IX sexual harassment complaints, notwithstanding any statute or other School Board policy, any complaint relative to employee conduct shall be handled as follows:
1. The Superintendent or his/her designee may order such investigation to be conducted in each instance as is warranted by the circumstances, and shall conduct an investigation when required by law or School Board policy.
2. The investigation shall be conducted by the Superintendent or his/her designee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint. Staff members or students may be interviewed if it is deemed essential to the investigation.
3. The Superintendent or his/her designee shall confer with each accused employee’s immediate supervisor concerning the results of the investigation and the immediate supervisor shall discuss the matter with the employee.
4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Superintendent or his/her designee and a copy forwarded to the complainant no later than (30) days after its filing.
5. If charges are a complaint is substantiated, the Superintendent shall consider appropriate disciplinary action which may be taken in accordance with School Board policy, which may include termination, based upon investigative evidence gathered, which may include termination of employment of the employee. Any disciplinary action shall be placed in the offender's personnel file which will reflect the action taken and the grounds thereof.
CONFIDENTIALITY
The School Board shall attempt to protect the privacy of the complainant and the respondent, but confidentiality is not guaranteed. Information regarding the complaint and identities of complainants, respondents, and witnesses may be revealed as permitted or required by law, and as is necessary to conduct the investigation and enforce the consequences of the investigation.
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.
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ITEM 9e. Public Comment. Ms. Iman Montgomery – Request approval of revised policy JAAA – Title IX Sexual Harassment
MOTION BY: Wallace
SECOND BY: Holden
2 Absent – DeFrancesch, Johnson
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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 programs andor 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 activitiesy 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. All reports of Title IX Sexual Harassment will be handled according to the Grievance Procedure established in accordance with 34 CFR § 106.45.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 , the parent or legal guardian of a complainant on behalf of their minor child, 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 report of sexual harassment as described above does not constitute a formal complaint; however, every report of sexual harassment will be reviewed by the Title IX Coordinator, who will advise a complainant of the right to file a formal complaint and the procedure for doing so. 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 report or 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.
Conduct that does not meet the definition of sexual harassment pursuant to this policy may violate other provisions of the School Board’s code of conduct. Nothing in this policy would preclude action under any other provision of the code of conduct as may be applicable.
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. . This policy does not apply to locations, events, or circumstances occurring outside of the United States.
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. Any complaint of retaliation pursuant to this policy should be directed to the Title IX Coordinator.
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 policy 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
Except as necessary to carry out the purposes of 34 CFR Part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder, or as may be permitted by FERPA (20 USC 1232g) its regulations (34 CFR Part 99), or as required by law, tThe 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.
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ITEM 9f. Public Comment. Ms. Iman Montgomery – Request approval of revised policy JCEA – Sexually Related Student Misconduct
MOTION BY: Holden
SECOND BY: Schum
2 Absent – DeFrancesch, Johnson
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STUDENT SEXUAL HARASSMENT AND INTIMIDATION
JCEA: 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 harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. Sexually related 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 Superintendent 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 alleged act(s) which constitute the misconduct, the person or persons who the complainant alleges committed the misconduct, witnesses to the alleged act(s), and the date and time of the alleged act(s).
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 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 9g. Public Comment. Ms. Janice Gauthier - Request approval to advertise to receive bids for PPE Supplies
MOTION BY: Triche
SECOND BY: Wallace
2 Absent – DeFrancesch, Johnson
ITEM 9h. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Grounds Maintenance
MOTION BY: Triche
SECOND BY: Schum
Ms. Schum stated that at the L&F Meeting, it was discussed to hold off on advertising for all contracts until each contract was examined for feasibility.
Mr. Burl requested that the Board practice due diligence and evaluate the feasibility of each contract regarding Items 9h-9t before advertising. He asked if the Board would consider extending these contracts for up to 3 to 6 months and use that time to go through each contract to decide if we can afford it, or if we could do without that particular contract.
Following discussion, there was a
SUBSTITUTE MOTION BY: Burl
SECOND BY: Holden
2 Absent – DeFrancesch, Johnson
Mr. Sanders stated for the record that Item 9o (Disaster Recovery) and Item 9s (Official Journal) are both required by law. Also, Mr. Sanders asked that Item 9i be accurately described as Consulting Engineering Services.
ITEM 9i. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Consultant Services
No action taken. See Item 9h.
ITEM 9j. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Fleet Mechanic
No action taken. See Item 9h.
ITEM 9k. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Bus Parts
No action taken. See Item 9h.
ITEM 9l. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Copier Paper
No action taken. See Item 9h.
ITEM 9m. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Office Supplies
No action taken. See Item 9h.
ITEM 9n. Public Comment. Request approval to advertise to receive bids/proposals for: General Maintenance Supplies Misconduct
No action taken. See Item 9h.
ITEM 9o. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Disaster Recovery
No action taken. See Item 9h.
ITEM 9p. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: T-Shirts
No action taken. See Item 9h.
ITEM 9q. Public Comment. Ms. Janice Gauthier - Request approval to advertise to receive bids/proposals for: Acrylics/Trophies
No action taken. See Item 9h.
ITEM 9r. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Promotional Items
No action taken. See Item 9h.
ITEM 9s. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: Official Journal
No action taken. See Item 9h.
ITEM 9t. Public Comment. Ms. Janice Gauthier – Request approval to advertise to receive bids/proposals for: HVAC
No action taken. See Item 9h.
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
Ms. Mitchell asked if administration is considering allowing more students in the classroom. Dr. Hookfin stated that we are allowing those grade levels who have the space and capacity, to accept more in-person students. Some grade levels are at their maximum. These decisions will be made at the school level and she is asking that the Board wait until October 9th before making any decision on this subject.
Mr. Triche stated that the Silver and Gold Posters have been delivered and he needs the principals to send him a count of posters needed.
Mr. Wallace asked for an update on outstanding capital projects and an update on the lighting at Joe Keller Stadium.
Dr. Keller commended the Superintendent on the Superintendent’s Report presented tonight.
Mr. Holden echoed Dr. Kellers comment, but noted that the West Bank Civic Association hasn’t been invited to speak at a Board Meeting. Also, she announced that WSJH “The Anglers” competed in the Louisiana BASS Nation High School State Championship July 25 at the Cypress Bend State Park on the Toledo Bend Reservoir and came out with top 10 placements. West St. John came in second place with the overall team award, bringing in 23 pounds with only two teams. A total of 85 teams competed in the state championship.
Ms. Schum stated that she would like administration to maybe consider adding in 4th and 5th grades to the in-person learning. She would also like the Board to add a Workshop each week before Board Meetings and would like to see the first Salary Study Committee before the next board meeting.
Mr. Sanders asked administration if we have had discussions regarding plans for testing with COVID-19 as a factor.
ITEM 12. ADJOURNMENT
The agenda having been completed, and there being no further business, there was a
MOTION BY: Mitchell
SECOND BY: Schum
MOTION: Motion for adjournment.
There were no objections.
9 Yeas – Holden, Burl, Keller, Jones, Schum, Wallace, Mitchell, Triche, Sanders
2 Absent – DeFrancesch, Johnson
The motion carried.
The meeting adjourned at 7:44 p.m.
_____________________________________ _____________________________________
Dr. Lynett Hookfin, Superintendent/Secretary Patrick H. Sanders, President