Title IX

Sexual harassment is unwelcome behavior or communication that is sexual in nature when:

• A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or
• The conduct substantially interferes with a student’s educational performance, or creates an intimidating or hostile educational or employment environment.

Sexual Harassment Occurs When:

• Submitting to the harasser's sexual demands is a stated or implied condition of obtaining a work or educational opportunity or other benefit; or
• Submission to or rejection of sexual demands is a factor in a work, school, or other SPS-related decision affecting an individual; or
• Unwelcome sexual or gender-directed conduct or communication interferes with an individual's performance or creates an intimidating, hostile or offensive environment.

This conduct may take many forms, including:

• Making unwelcome, offensive or inappropriate sexually suggestive comments,
• Gestures or jokes;
• Standing too close,
• Inappropriate touching,
• Cornering, or stalking a person; or
• Displaying offensive or inappropriate sexual illustrations on school property.

Marple Newtown School District is committed to a positive and productive education and work environment free from discrimination, including sexual harassment.

The district prohibits sexual harassment of students, employees and others involved in school district activities.

Definitions

There are three forms of sexual harassment: quid pro quo and hostile environment.

1. Quid Pro Quo” Sexual Harassment

Quid pro quo harassment occurs when a school employee, such as a teacher, causes a student to believe that he or she must submit to sexual conduct, sexual advances, or grant sexual favors or that accepting or rejecting of such conduct or communications will be used as a factor in decisions affecting the student’s education. For example, when a teacher threatens to fail a student unless the student agrees to date the teacher, it is quid pro quo harassment.

Similarly, quid pro quo harassment can occur when an employee’s supervisor makes unwelcome sexual advances or requests sexual favors and the employee reasonably believes that submitting to that conduct or communication is a condition of obtaining employment or that accepting or rejecting that conduct or communication will be used as a factor in employment decisions.

2. “Hostile Environment” Sexual Harassment

Hostile environment sexual harassment is conduct of a sexual nature that is sufficiently serious that it interferes with, limits, or denies a person the ability to participate in or benefit from a program, education, or environment.

For students, hostile environment sexual harassment means unwelcome conduct of a sexual nature that is sufficiently serious that it interferes with, limits, or denies a student the opportunity to participate in or benefit from an education program or activity.

For employees, a hostile work environment is created when unwelcome conduct of a sexual nature is sufficiently serious that it interferes with, denies, or limits the employee’s work performance or work environment.

A. The term “conduct” includes, but is not limited to:

• Verbal comments, including unwelcome sexual advances, requests for sexual favors, and derogatory remarks;
• nonverbal conduct, such as graffiti, text messages, or notes; and/or
• physical conduct such as sexual touching, fondling, sexual assault, rape, and other forms of sexual violence.

B. The term “of a sexual nature” is a broad term that includes conduct or comments about sex (the physical act), based on sex (persons being male or female), or based on sex or gender-based stereotyping.

C. In determining whether conduct is “sufficiently serious” as to interfere with, deny, or limit education or employment so as to rise to the level of sexual harassment, the district will examine all the circumstances, including: the type of harassment (e.g., whether it was verbal or physical); the frequency and severity of the conduct; the age, sex and relationship of the parties; the setting and context in which the harassment occurred; whether other incidents have occurred at the school; and other relevant factors. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment. For instance, a single instance of rape is sufficiently severe to create a hostile environment.

3. Other conduct defined by federal law:

A. Sexual assault
B. Dating violence
C. Domestic violence
D. Stalking

Who is affected by sexual harassment? - Sexual harassment can occur adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male and female to female, as well as to, form, and between transgender individuals.

Response - The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment or sexual assault that come to the attention of the district, either formally or informally.

MNSD Superintendent Procedure - The superintendent or designee shall develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment and sexual assault.
The procedures will include reasonable and prompt timelines and delineate staff responsibilities under this policy. All staff are responsible for receiving informal complaints and reports of sexual harassment and sexual assault and informing appropriate district personnel of the complaint or report for investigation and resolution. All staff are also responsible for directing complainants to the formal complaint process.

Posting - MNSD School Board policy #248 shall be posted in each district building in a place available to staff, students, parents, volunteers and visitors. The policy shall be referenced in each student, staff, volunteer and parent handbook.

Title IX is a landmark federal civil rights law that prohibits sex discrimination in education. Title IX is not just about sports; it also addresses sexual harassment, gender-based discrimination, and sexual violence.

Title IX does not apply to female students only. Male and gender non-conforming students are protected from any sex-based discrimination, harassment, or violence.

Schools must take immediate action to ensure a complainant (survivor) can continue their education free of ongoing sex discrimination, sexual harassment, or sexual violence.

Schools must have an established procedure for handling complaints of sex discrimination, sexual harassment, and sexual violence.

Schools can issue a no contact directive under Title IX to prevent the accused person from approaching or interacting with the complainant (survivor).

Schools may not retaliate against someone filing a complaint and must keep a complainant (survivor) safe from other retaliatory harassment or behavior.

Schools must be proactive in ensuring that your school is free of sex discrimination. Schools cannot discourage survivors from continuing their educations. Survivors have a right to remain at school and have every educational program available to them.

In cases of sexual violence, schools are prohibited from encouraging or allowing mediation of the complaint. However, they may still offer such an alternative process for less severe complaints.

Schools should not make survivors pay the costs of certain accommodations that they require in order to continue their educations after experiencing violence. Schools should provide free counseling, tutoring, changes to classroom assignments, and other accommodations to survivors who need them.

• 103 - Discrimination/Title IX Sexual Harassment Affecting Students
• 104 - Discrimination/Title IX Sexual Harassment Affecting Staff
• 247 - Hazing
• 248.1 - Nondiscrimination - Transgender and Gender Expansive Students
• 249  - Bullying & Cyberbullying

• Title IX Contacts
   
• Sexual Harassment Process
   
• Discrimination Complaint Process
   
• Discrimination/Harassment Complaint Form

K-12 Inspection Links

• 2023 K-12 Title IX Coordinator Training
• 2023 K-12 Title IX Investigator Training
• 2023 K-12 Title IX Decision Maker Appeals Training

K-12 Inspection Links

• 2021 Coordinator Refresher and Update Course
• 2021 Investigator Refresher and Update Course
• 2021 Decision-Maker Refresher and Update Course

Office of Civil Rights (OCR) Guidance

• Supporting Intersex Students: A Resource for Students, Families and Educators

 

K-12 Inspection Links

• Title IX Basics
• Title IX Investigator/ Decision-Maker Level 1
• Title IX Coordinator
• Title IX Decision-Maker Appeals

Office of Civil Rights (OCR) Guidance

• New Title IX Protections Against Sexual Assault
• Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar

• Questions and Answers Regarding OCR’s Interpretation of Title IX and Single Sex Scholarships, Clubs, and other Programs

• Part 1: Questions and Answers Regarding the Department’s Title IX Regulations

• Part 2: Questions and Answers Regarding the Department’s Title IX Regulations

• Title IX Technical Assistance Materials

Other Trainings

• 2020 Title IX Regulations Overview

• New Title IX Regulations: What School Leaders Need to Know
• Title IX Athletics
• Title IX Regulations Intro Team Training

Disclosure of Interscholastic Athletic Opportunity

Effective July 1, 2012, the Pennsylvania General Assembly passed Act 82 of 2012 which requires schools to disclose Interscholastic Athletic Opportunities Disclosure Form athletic opportunities for students in grades 7-12. The Pennsylvania Department of Education has established the "FINAL" disclosure form on PDE's website for all public secondary school entities. School entities must collect this data for each school year, beginning in the 2012-13 school year. This includes public schools, joint schools, area vocational-technical schools, and all public schools having student athletes in grades 7-12.

Reporting year: 2022-2023

• Marple Newtown HS
• Paxon Hollow MS