School Business Affairs July-August 2020

40 JULY/AUGUST 2020 | SCHOOL BUSINESS AFFAIRS asbointl.org LEGAL ISSUES staff can make and resolve sexual harassment complaints. Procedures should: • Include clear, specific, lan- guage on how and with whom individuals can file complaints in verbal or writ- ten form or by telephone or email. • Identify multiple persons with whom complaints can be lodged to ensure that the accused is not the party with whom a complaint must be filed. • Ensure that all parties receive procedural due process with the presumption of innocence for the accused. 6. Ensure that any administrative actions associated with resolv- ing complaints are completed in timely fashions while respect- ing both their seriousness and the due process rights of all parties by: • Setting time frames such as the number of days for filing complaints and conducting hearings compatible with pro- cedures in faculty, staff, and student handbooks. • Addressing investigatory pro- cesses such as rights of access to documents and witnesses, consistent with handbook provisions for other forms of alleged misconduct. • Establishing procedures for hearings such as who chairs and serves on panels, the right to call and cross-examine witnesses and to present evidence. • Explaining appeals proce- dures compatible with those in faculty, staff, and student handbooks. • Including assurances protect- ing the privacy rights of both the accused and accuser. 7. Include policies in faculty, staff, and student handbooks, on school websites, and in materi- als sent to parents to inform all members of school community of their responsibilities. 8. Mandate professional devel- opment for teachers and staff as part of the policy that will make them aware of how to respond to sexual harassment complaints. 9. Require age-appropriate anti- sexual harassment instruction to make students aware of the need to avoid unacceptable behavior. 10. As with other policies, review sexual harassment policies regularly to ensure that they are up-to-date with developments in federal and state law. Conclusion Eliminating sexual harassment in schools requires vigilance by all edu- cational personnel. Consequently, the more carefully education leaders make teachers, staff, and students aware of their policies, the more likely they can have safe schools in which children are free to learn without distraction and avoid potentially costly sexual harassment litigation. References Ali, R. (2011, April 4). Dear colleague letter . U.S. Department of Education. Re- trieved from https://www2.ed.gov/about/ offices/list/ocr/letters/colleague-201104.pdf Cannon v. University of Chicago , 441 U.S. 677 (1979). Davis v. Monroe County Board of Education , 526 U.S. 629 (1999), on re- mand , 206 F.3d 1377 (11th Cir. 2000). Franklin v. Gwinnett County Public Schools , 503 U.S. 60 (1998), on remand , 969 F.2d 1022 (11th Cir. 1992). Gebser v. Lago Vista Independent School District , 524 U.S. 274 (1998). Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000 et seq . U.S. Department of Education (1997). Sexual harassment guidance: Ha- rassment of students by school employees, other students, or third parties . 62 Fed. Reg. 12034 U.S. Department of Education (2020a, May 6). Title IX Regulations, Unofficial, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiv- ing Federal Financial Assistance , https:// www2.ed.gov/about/offices/list/ocr/docs/ titleix-regs-unofficial.pdf U.S. Department of Education (2020b, May 6). Secretary DeVos takes historic action to strengthen Title IX protections for all stud ents, https://www.ed.gov/ news/press-releases/secretary-devos-takes- historic-action-strengthen-title-ix-protec- tions-all-students Charles Russo is Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), director of SEHS’s Ph.D. Program in Educational Leadership, and research professor of law at the University of Dayton, Ohio. Email: crusso1@udayton.edu Suzanne Eckes is a professor in the Department of Educational Leadership and Policy Studies at Indiana University. Email: seckes@indiana.edu INDE X OF ADVERT I SERS American Fidelity Assurance Company. back cover ASBO Meritorious Budget Award . page 11 ASBO Career Central. page 42 ASBO Election. page 25 ASBO Strategic Partners. inside front cover Certified Administrator of School Finance and Operations (SFO). page 4 ENVISION 2020. page 1 MBA Questions and Answers. page 41 Virco. inside back cover ASBO Webinars. page 3

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