5.9 - Student Sexual Misconduct Policy and Procedures

SERIES 5 - STUDENTS
 

1. Policy Statement.
   
   Sexual misconduct is not tolerated at Liberty Common School (LCS). In accordance with Colorado Statutes 22-30.5-120, 22-30.5-301, 22-32-109.1, and Title IX of the Education Amendments of 1972 when applicable, LCS promotes prevention and effective, consistent responses to incidents of sexual misconduct.
   
   The purpose of this policy (Policy) is to make clear Liberty Common School’s position on all forms of sexual misconduct, and to establish procedures to be followed in investigating, reporting, and resolving instances where misconduct is known or alleged to have occurred.
   
   Sexual misconduct, defined as including sexual harassment, sexual assault, sexual exploitation, intimate-partner violence, stalking, indecent exposure, or retaliation betrays the principles set forth in the school’s Foundational Stones and Capstone Virtues. This Policy specifically addresses sexual misconduct by LCS students and students visiting from other schools. Incidents of sexual misconduct shall be treated with the seriousness they deserve, promptly and fairly for the benefit of all parties concerned.
   
   Students shall not engage in any form of sexual misconduct as defined by law or in this Policy.
   
   LCS is committed to providing a safe place for learning, teaching, and gathering free from unlawful conduct and inappropriate distractions. The adoption and enforcement of the provisions of this Policy are in keeping with this commitment.
   
    
2. Scope of Policy.
   
   This Policy applies to conduct occurring on LCS property and at LCS-sanctioned events or programs off school property, such as study-abroad programs, fieldtrips, or internship programs. This Policy also applies to student sexual misconduct that initially occurred off-property and is likely to have an adverse effect on any member of the LCS community or have an impact on the academic process.
   
    
3. Statement Regarding Privacy.
   
   Liberty Common School is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. In any report under this Policy, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the allegation. If the complainant insists that his or her name or personal information not be disclosed, the investigating administrator should inform the complainant that the ability to accommodate this request may be limited due to the reporting requirements of this Policy and applicable statutes.
    
4. Prohibited Conduct.
   
   Liberty Common School prohibits the following forms of conduct:

1. Sexual Harassment. Sexual harassment can take many forms. Sexual harassment:

• May include but is not limited to sexual advances or requests for sexual favors, inappropriate comments, jokes or gestures, or other unwanted verbal or physical conduct of a sexual nature;
• May be blatant and intentional and involve an overt action, a threat of reprisal, or may be subtle and indirect with a coercive aspect that is unstated;
• Does not have to include intent to harm;
• May be committed by a stranger, an acquaintance, someone with whom the complainant has an intimate sexual relationship, or a group of students;
• May occur in the classroom, residential or private settings, or over any form of electronic media (including the Internet, telephone, and text) or in any other setting;
• May be a one-time event or part of a pattern of behavior;
• May be committed in the presence of others or when the parties are alone;
• May affect the complainant and/or third parties who witness or observe the harassment.

Sexually harassing behaviors will differ in type and severity. Key determining factors are that the behavior is unwelcome, sexual in nature, and reasonably perceived as offensive and objectionable under both a subjective and objective assessment of the conduct.

2. Sexual Assault. Sexual Assault is intentional sexual contact with another person without that person’s consent. Intentional is defined as knowingly and/or recklessly engaging in sexual contact without an individual’s consent and does not include accidental contact.
    
3. Sexual Exploitation. Sexual exploitation is an act committed through nonconsensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage.
   
   Examples of sexual exploitation include:

• Any streaming of images, photography, video, or audio recording of sexual activity, nudity, or distribution of such without the knowledge and consent of all parties involved;
• Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
   

4. Intimate-Partner Violence and Dating Violence. Intimate-partner violence includes dating violence, and includes any act of violence or threats of violence against a person who is, or has been involved in, a dating, or other intimate relationship with that person. Intimate-partner violence may take the form of threats, assault, property damage, or violence or threat of violence to one’s self, romantic partner, or family and friends. The existence of such a relationship will be determined based on the reporting party’s statement.
    
5. Stalking. Stalking occurs when a person engages in a course of conduct or repeatedly communicates and/or commits acts toward another person, including following the person under circumstances that demonstrate:

1. An intent to place the other person in reasonable fear of bodily injury; or
2. An intent to cause substantial emotional distress to the other person.

The stalking herein includes the act of cyberstalking as described in section 3.8 of the Student/Parent Handbook. Other examples of stalking include:

• Unwelcome or repeated visual or physical proximity to a person;
• Repeated oral or written threats;
• Unwelcome/unsolicited written communication, including letters, cards, emails, instant messages, and messages on any social media platform;
• Sending or posting unwelcome message with an assumed identity; or
• Implicitly threatening physical contact.

6. Indecent Exposure.  Indecent exposure occurs when a person exposes genitals or makes sexual gestures in any place where there are present other persons under circumstances in which one knows or should know that this conduct is likely to offend, affront, or alarm.
    
7. Retaliation. Retaliation is any act or attempt to retaliate against or seek retribution from any individual or group involved in the investigation and/or resolution of a sexual misconduct allegation. Retaliation can take many forms, including continued abuse or violence, threats, and intimidation. Any individual or group, not just a complainant or respondent, can engage in retaliation.

5. Related Definitions.
    

1. Complainant. Any LCS student seeking resources, support, and/or a formal disciplinary process in response to sexual misconduct.
    
2. Respondent.  Any LCS student who has been alleged to have violated this Policy.

6. Procedures.

1. It is the responsibility of Liberty Common School to insist all students set a positive example by not engaging in sexual misconduct in any form. LCS will take action by:

1. Providing procedures to address sexual misconduct reports and accusations to all students and parents;
2. Encouraging the reporting of all accusations;
3. Reporting results of any sexual misconduct investigation to law enforcement in a timely manner as specified below;
4. Following up with a person who reported sexual misconduct to ensure the behavior has stopped, and that he/she has not experienced any retaliation or reprisal.
    

2. Reporting.
   
   It cannot be controlled to whom the accuser of sexual misconduct will first speak. It is important all school employees understand that reports of incidents are to be immediately channeled to a school administrator. Reports of sexual misconduct should never be taken lightly or disregarded and allowed to circulate without concern for the integrity and reputation of the accused, the accuser, the school, and the greater community. Reports should be processed with the highest confidentiality possible under the privacy guidelines of this Policy and applicable school laws both before and after they have been submitted to appropriate authorities.

1. Upon the reporting of a sexual-misconduct allegation, LCS will take immediate action to eliminate the misconduct, prevent its recurrence, and address its effects.
2. As soon as the school administration knows, or reasonably should know about a possible sexual-misconduct event, there should be a prompt investigation to determine relevant facts such as they may be reasonably ascertained. The investigation should be prompt, thorough, and impartial.
3. Promptly upon completing the investigation and determining what occurred, the school administration should determine what form of prohibited misconduct is alleged to have occurred as defined by this Policy.

• All cases of sexual assault, sexual exploitation, intimate-partner or dating violence, stalking, and indecent exposure will be reported to law enforcement in accordance with state statute and this Policy.
• If upon completing the investigation the school administration is unsure whether the complaint meets the criteria of one of the above prohibited conduct definitions, it will report the incident to local law enforcement.
• If upon completing the investigation the school administration determines the incident does not meet the definition of a reportable offense, disciplinary procedures outlined elsewhere in the Student/Parent Handbook will be applicable.
   

3. Follow-Up.
   
   After an investigation has occurred and the reporting to law enforcement has been completed, the school administration will follow up with all parties involved.

• The school administration will meet or speak with the student(s) who made the complaint and his/her parents, informing them that a report has been filed with law enforcement when applicable. The school administration will communicate any new information received from law enforcement, or any other source, pertaining to the incident and/or the after effects of the incident as it sees appropriate.
• The school administration will meet or speak with the accused student(s) and his/her parents, informing them a report has been filed with law enforcement. The school administration will communicate any new information received from law enforcement, or any other source, pertaining to the incident and/or the after effects of the incident as appropriate.
   

Adopted: 10-20-2016