The Oregon Conference of Seventh-day Adventist Office of Education (The Oregon Conference) prohibits unlawful discrimination and harassment of any kind. This policy defines these terms and provides a complaint procedure for all persons described in subsection (5)(b) of Senate Bill 197 (SB197) who believe they have been victims of prohibited conduct.
This policy includes sexual harassment of students by students or staff members; sexual harassment of staff members by students or other staff members; and sexual harassment of persons described in subsection (5)(b) of SB197 by students or staff members. It may also encompass any conduct that a reasonable person in the individual’s circumstances would consider unwelcome, hostile, intimidating, threatening, humiliating, abusive, offensive, or violent behavior that is not necessarily illegal, but is still prohibited by this policy.
Discrimination and Harassment
It is the Oregon Conference policy to provide a learning environment free from discrimination or harassment on the basis of race, color, religion, sex, national origin, marital status, age, or physical or mental disability, or any other characteristic protected by federal or state law. Beyond the legal requirements, it is the expectation for all members of our school community that we follow Biblical counsel and Jesus’ example to respect and affirm every person as made in the image of God and loved deeply by Him.
It is our policy that all students, staff members, volunteers, and visitors to the school are entitled to a respectful and productive learning environment free from behavior, action, or language that constitutes harassment or discrimination. The “school” includes when any individual is on school premises, at a school-sponsored off-site event, traveling on behalf of the school, or conducting school business, regardless of location.
Sexual Harassment
Sexual harassment is a form of harassment and includes, but is not limited to 1) unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature, explicit or implicit; 2) unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with performance or creating a hostile, intimidating or offensive environment.
Sexual Abuse or Assault
Sexual Abuse or Assault is 1) conduct of a sexual nature directed toward a person younger than the age of consent or a person who is unable to give consent; 2) unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, psychological or emotional manipulation, threat, or intimidation.
Prohibited Conduct
This policy prohibits conduct based on an individual’s protected status. The following examples, while not comprehensive, represent prohibited behavior:
● Physical harassment, including but not limited to unwelcome physical contact such as touching, impeding or blocking movement, or any physical interference;
● Verbal harassment, including but not limited to disparaging or disrespectful comments, jokes, slurs, innuendoes, teasing, and other sexual talk such as jokes, personal inquiries, persistent unwanted courting and derogatory insults;
● Nonverbal harassment, including but not limited to suggestive or insulting sounds, obscene gestures, leering or whistling;
● Visual harassment, including but not limited to displays of explicit or offensive calendars, circulation of derogatory content, posters, pictures, drawings or cartoons that reflect disparagingly upon a class of persons or a particular person;
● Sexual harassment, as described above, including but not limited to unwelcome sexual advances or requests for favors in exchange for conduct of a sexual nature;
● Sharing, requesting, or having possession of inappropriate photos of a sexual nature. (Sexting is the sending of nude or sexually explicit images by cell phone, smartphone, or other electronic devices. Teenagers in Oregon who share nude or sexual images of minors may be prosecuted under the state’s child pornography laws.)
Disciplinary Action
The Oregon Conference will not tolerate discriminatory conduct, harassment, or sexual assault. Any individual found to have engaged in such conduct may face disciplinary action, up to and including expulsion.
Protection Against Retaliation
The Oregon Conference prohibits retaliation against any individual for filing a complaint regarding conduct in violation of this policy. The Oregon Conference will not tolerate retaliation against any student or staff member for raising a good faith concern, for providing information related to a concern, or for otherwise cooperating in an investigation of a reported violation of this policy.
Reporting Procedure
1. Any student or staff member aware of or experiencing discrimination, harassment, or sexual assault at school or participating in school-related activities should report that information immediately and may make the report verbally or in writing to an immediate supervisor or school administration.
2. The school administrator/principal shall contact his/her superintendent to report any information or incident he/she becomes aware of regarding discrimination, harassment, or sexual assault.
3. If the report is of sexual abuse or assault and involves a student, the staff member shall also immediately fulfill his or her duties as a mandatory reporter by contacting either local law enforcement or the Child Abuse Hotline for their state.
The Oregon Conference will work in cooperation with the principal to coordinate efforts to ensure the student/staff is protected and to promote a nonhostile learning environment by:
providing resources for support measures to the student/staff
taking any action necessary to remove future impact on the student/staff
investigating and document all complaints
communicating with involved students/staff and parents. The individual who initiated the complaint and, if applicable, the student’s parents shall be notified:
i. when an investigation is initiated
ii. of the protected rights of the student reporting
iii. when an investigation is concluded and whether a violation of this policy was found to have occurred
5. documenting action(s) taken.
2. Local law enforcement may be involved if required by the facts of the incident.
Time Limitations
Nothing in this policy precludes any person from filing a formal grievance to the Bureau of Labor and Industries’ Civil Rights Division or the Equal Employment Opportunity Commission. Note that Oregon state law requires that any legal action taken on alleged discriminatory conduct (specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Other applicable laws may have a shorter time limitation on filing.”