HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701

BOARD POLICY 408
SERIES: 400 Employees/Personnel
SUBJECT: 408 Harassment and Violence
ADOPTED:  
REVISED:  


The following definitions shall be used to clarify this policy:

1. Racial harassment consists of physical or verbal conduct relating to an individual’s race when the conduct:
   a. has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment.
   b. has the purpose or effect of interfering with an individual’s work or academic performance; or
   c. otherwise adversely affects an individual’s employment or academic opportunities.

2. Religious harassment consists of physical or verbal conduct which is related to an individuals religion when the conduct:
   a. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;
   b. has the purpose or effect of interfering with an individual’s work or academic performance; or
   c. otherwise adversely affects an individual’s employment or academic opportunities.

3. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
   a. submission to that conduct or communication is made a term or condition of employment or obtaining an education; or
   b. submission to or rejection of that conduct or communication is used as a factor in decisions affecting employment or education; or
   c. that conduct or communication has the purpose of interfering with employment or education, or creating an intimidating, hostile, or offensive environment.

4. Racial violence means a physical act of aggression to assault upon another because of, or in a manner reasonably related to, race.

5. Religious violence means a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion.

6. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another’s intimate parts, or forcing a person to touch any person’s intimate parts.  Intimate parts, as defined in M.S. 609.341, includes the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.

Sexual violence my include, but is not limited to:
a. touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;
b. coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;
c. coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; or
d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

The school district shall maintain a learning and working environment that is free from racial, religious, or sexual harassment or violence. The school district prohibits any form of religious, racial or sexual harassment and violence.
It shall be a violation of this policy for any student or employee of the school district to harass a student or employee through conduct or communication of a sexual nature or regarding religion and race.

It shall be a violation of this policy for any student or employee of the school district to inflict, threaten to inflict or attempt to inflict racial, religious, or sexual violence upon any student or employee.

The school district shall investigate all complaints, either formal or informal, verbal or written, of racial, religious, or sexual harassment or violence and take appropriate action against any student or employee who is found to have violated this policy.

The school district shall take appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person who reports alleged religious, racial, or sexual harassment or violence, or any person who testifies in an investigation relating to such harassment or violence.

This policy shall be appropriately disseminated in the school district and given to each school district employee and independent contractor at the time of entering into the person’s employment contract.

This policy shall be reviewed periodically for compliance with state and federal law.



Legal References:
M.S. 121A.03 (Sexual, Religious and Racial Harassment and Violence Policy)
M.S. Ch. 363 (MN Human Rights Act)
M.S. 626.556 et seq. (Reporting of Maltreatment of Minors)
42 U.S.C. 2000e et seq. (Title VII of the Civil Rights Act)