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ABCE-AP: Prohibition of Aiding Sexual Abuse

DEFINITIONS

For the purpose of this policy:

Assisting means to recommend, facilitate, aid, ease, expedite, promote, encourage, advance, stimulate, or accelerate.

Sexual misconduct may include, but is not limited to the following:

  • Insults, disparaging remarks/names, and/or sarcasm, used to force compliance with a school employee’s, contractor’s, or agents’ requirements or expectations.
  • Any conduct that would amount to sexual harassment, discrimination, or retaliation under Title IX of federal education amendments.
  • Any activity that may lead to a sexual relationship such as dating, sending intimate correspondence, and/or engaging in sexualized dialogue.
  • Any sexual relationship between a school employee, contractor or agent and a current student, regardless of their age, or a former student under the age of 18.
  • Any conduct by a school employee, contractor or agent that would constitute a sexual offense, sexual act, or sexual contact involving a minor or a student as defined in state law.

School property is defined in NDCC 15.1-19-10(6)(b) as all land within the perimeter of the school site and all school buildings, structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of any school-sponsored event or activity.

PROHIBITED ACTION

In compliance with section 8546 of the Elementary and Secondary Act of 1965 (20 U.S.C. § 7926), the district prohibits any employee, contractor, or agent from assisting a school employee, contractor or agent in obtaining a new job if the individual or district knows or has probable cause to believe that such school employee, contractor or agent engaged in sexual misconduct regarding a minor or a student in violation of the law.

For the purposes of this policy, it shall not be deemed assisting in obtaining a new job to participate in routine procedures pertaining to the transmission of administrative and personnel files in accordance with law or to confirm dates of employment.

This prohibition does not apply under certain conditions specified by the Every Student Succeeds Act (ESSA) such as:

  1. The matter has been reported to law enforcement authorities and it has been officially closed or the school officials have been notified by the prosecutor or police after an investigation that there is insufficient information to establish probable cause,
  2. The individual has been acquitted or otherwise cleared of the alleged misconduct, or;
  3. The case remains open without charges for more than 4 years after the information was reported to a law enforcement agency.

REPORTING AND INVESTIGATION

An individual who has reason to believe that this policy may have been violated is required to report the alleged violation to a building administrator or the Superintendent as soon as possible. All reported prohibited behavior shall be investigated by the Superintendent.

If the Superintendent is believed to have violated this policy, the alleged violation shall be reported to the Board President who is responsible for conducting the investigation and rendering a final decision on the outcome of the investigation.

VIOLATION

If disciplinary action is deemed warranted at the completion of the investigation, the district shall take appropriate action up to and including termination of employment in accordance with law and/or reporting such activity to appropriate state licensing and law enforcement officials.

RETALIATION AND PROVIDING FALSE INFORMATION PROHIBITED

The district prohibits retaliation for an individual’s participation in an investigation and/or initiation of a report under this policy, including instances when an allegation is not substantiated. The district also prohibits knowingly filing a false report and/or knowingly making false statements during an investigation. Staff and students who violate these prohibitions are subject to appropriate disciplinary action.

Adopted: 05/06/19

Reviewed:

Revised: