References:
Utah Code 34A-5-102

1. Purpose
   
   Weber School District’s policy is to provide a work and school environment in which District employees interact professionally at all times with students. Discrimination and harassment towards students on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, childbirth or pregnancy related conditions, and disability is strictly prohibited. To the extent these terms are defined in Utah Code 34A-5-102, the district relies on those definitions for the purpose of this Policy. Employee-to-student sexual conduct is a form of sexual harassment and possibly sexual abuse; such conduct is especially serious and will be addressed severely. Fraternization by District personnel with students outside the school environment may create the perception of inappropriate conduct or may lead to allegations or instances of sexual harassment or child abuse.
   
   
2. Prohibited Conduct
   
   
   • 2.1 District employees, volunteers, and agents are prohibited from engaging in offensive conduct toward students while on District time, on District premises, and during District activities where that conduct is based on race, color, religion, national origin, sex, childbirth or pregnancy related conditions, and disability, including but not limited to the following:
     
     
     • 2.1 A. Jokes of any kind related to race, color, religion, national origin, sex, including gender, pregnancy, or disability that would be deemed objectively offensive;
     • 2.1 B. Differential treatment in class activities and participation and in issuing grades and academic awards, recognitions, and accolades;
     • 2.1 C. Excluding or ostracizing students from participation in activities and/or discussions, both in and out of class;
     • 2.1 D. Preferential treatment towards students;
     • 2.1 E. Calling out students’ race, color, religion, national origin, sex, gender, pregnancy, or disability in a demeaning way
     • 2.1 F. Using disparaging names or slurs associated with race, color, religion, national origin, sex, gender, pregnancy, or disability;
     • 2.1 G. Sexual advances, requests for sexual favors, sexually motivated physical conduct;
     • 2.1 H. Subtle pressure for sexual activity;
     • 2.1 I. Foul or obscene language or gestures;
     • 2.1 J. Display of sexually offensive or suggestive posters, pictures, or objects;
     • 2.1 K. Offensive verbal harassment including remarks, questions, teasing, slurs or innuendo;
     • 2. 1 L. Inappropriate jokes about sex or gender-specific traits;
     • 2.1 M. Viewing, printing, or transmitting offensive material on a District computer; and
     • 2.1 N. Conduct that is demeaning or derisive and occurs substantially because of a person’s race, color, religion, national origin, sex, gender, childbirth or pregnancy related conditions, and disability.
       
       
   • 2.2 District employees (except employees who are also students in the District) are strictly prohibited from the following conduct, on or off campus, the violation of which will result in discipline:
     
     
     • 2.2 A. Having any kind of romantic or sexual interaction with a student in the District
     • 2.2 B. Being alone in a privately-owned vehicle with a student (unless for a community or church related activity and parental consent is obtained); and
     • 2.2 C. Being alone in the employee’s or student’s residence with a student.
       
       
   • 2.3 District employees (except employees who are also students in the District) are also prohibited from the following conduct, the violation of which may result in discipline:
     
     
     • 2.3 A. being alone in a classroom with a student
     • 2.3 B. communicating with students in the District via text message, telephone, instant message, email, or any social networking site about non-school related issues (unless there is an outside relationship that justifies non-school related communication)
     • 2.3 C. spending time socially outside of school with students in the District.
       
       
3. Duty to Report & Confidentiality
   
   Employees and students have a legal obligation to report any suspected violation that is of a sexual nature. Any person—student or employee—aware of a violation of this policy that is sexual in nature and that may rise to the level of sexual abuse has a legal obligation to report immediately to the nearest peace officer, law enforcement agency, or office of the Division of Child and Family Services. (Utah Code 62A-4a-403) Licensed educators who have reasonable cause to believe that a student may have been physically or sexually abused must also report to the appropriate District official as designated below. (Utah Code 53A-6-502)
   
   A person who is aware of a violation of a sexual nature and fails to report the violation of this policy is subject to disciplinary action.
   
   Reporters are protected from retaliation.
   
   A person who knowingly files a false report is subject to discipline.
   
   The District will respect the confidentiality of reporters and those against whom reports are made as much as possible consistent with the District’s legal obligations and the need to investigate violations of this policy and take appropriate remedial action.
   
   
4. How to Report Violations of this Policy, Sexual in Nature
   
   A person who suspects a student is being sexually abused by an adult must immediately report to law enforcement, as outlined above. However, if an employee suspects a violation of this policy that does NOT rise to the level of sexual abuse, the following reporting requirements are to be followed:
   
   
   • 4.1 For reports against employees with a building principal, the report should be made to the building principal. The building principal will immediately notify the Director of Human Resources without screening or investigating a report against an employee.
     
     4.2 For reports against employees who do not have a building principal (i.e., a district office employee, building principal, etc.), the report should be made to the Director of Human Resources. If the report is against the Director of Human Resources, the report should be made to the Superintendent.

Approved by the Board 11/04/2015