Section 342.704 - Adoption of policies on sexual harassment required; contents; rules(1) As used in this section: (a) "District" includes a school district, an education service district and a public charter school.(b) "Without consent" means an act performed: (A) Without the knowing, voluntary and clear agreement by all parties to participate in the specific act; or(B) When a person who is a party to the act is:(i) Incapacitated by drugs or alcohol;(iii) Pressured through physical force, coercion or explicit or implied threats to participate in the act.(2)(a) The State Board of Education shall adopt by rule minimum requirements for district policies on:(A) Sexual harassment of students by staff members and other students.(B) Sexual harassment of staff members by students and other staff members.(C) Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.(b) A private school shall adopt policies on:(A) Sexual harassment of students by staff members and other students.(B) Sexual harassment of staff members by students and other staff members.(C) Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.(c) Rules adopted by the State Board of Education and policies adopted by private schools must comply with the requirements of this section.(3) A policy on sexual harassment of students by staff members and other students must include requirements that: (a) All staff members and students are subject to the policies.(b) Sexual harassment of students includes:(A) A demand or request for sexual favors in exchange for benefits;(B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a student's educational program or activity or that creates an intimidating, offensive or hostile educational environment; and(C) Assault when sexual contact occurs without consent.(c) When a student or, if applicable, the student's parents file a complaint alleging behavior that may violate the policy, the student or student's parents shall receive a written notification as described in subsection (6) of this section.(d) When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the student is protected and to promote a nonhostile learning environment, including:(A) Providing resources for support measures to the student; and(B) Taking any actions that are necessary to remove potential future impact on the student, but that are not retaliatory against the student or the staff member who reported to the official of the district or private school.(e) All complaints about behavior that may violate the policy shall be investigated.(f) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.(g) The person who initiated the complaint and, if applicable, the student's parents shall be notified:(A) When the investigation is initiated and concluded; and(B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.(4) A policy on sexual harassment of staff members by students and other staff members must include requirements that:(a) All staff members and students are subject to the policies.(b) Sexual harassment of staff members includes:(A) A demand or request for sexual favors in exchange for benefits;(B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a staff member's ability to perform the job or that creates an intimidating, offensive or hostile work environment; and(C) Assault when sexual contact occurs without consent.(c) When a staff member files a complaint alleging behavior that may violate the policy, the staff member shall receive a written notification as described in subsection (6) of this section.(d) When another staff member becomes aware of behavior that may violate the policy, the other staff member shall report to an official of the district or private school so that the official may take any action necessary to ensure the staff member is protected and to promote a nonhostile work environment, including:(A) Providing resources for support measures to the staff member; and(B) Taking any actions that are necessary to remove potential future impact on the staff member, but that are not retaliatory against the staff member or the other staff member who reported to the official of the district or private school.(e) All complaints about behavior that may violate the policy shall be investigated.(f) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or participated in the investigation.(g) The person who initiated the complaint shall be notified:(A) When the investigation is initiated and concluded; and(B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.(5) A policy on sexual harassment of persons described in paragraph (b) of this subsection by staff members and students must include requirements that:(a) All staff members and students are subject to the policies.(b) The policies apply to persons who: (A) Are on or immediately adjacent to school grounds or school or district property;(B) Are at any school-sponsored or district-sponsored activity or program; or(C) Are off school or district property, if a student or staff member acts toward the person in a manner that creates a hostile environment for the person while at school or a school-sponsored or district-sponsored activity or program.(c) Sexual harassment of persons described in paragraph (b) of this subsection includes:(A) A demand or request for sexual favors in exchange for benefits;(B) Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that creates an intimidating, offensive or hostile environment; and(C) Assault when sexual contact occurs without consent.(d) When a person who may have been subjected to behavior in violation of the policy or, if applicable, the person's parents file a complaint alleging behavior that may violate the policy, the person or person's parents shall receive a written notification as described in subsection (6) of this section.(e) When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the person who was subjected to the behavior is protected and to promote a nonhostile environment, including: (A) Providing resources for support measures to the person who was subjected to the behavior; and(B) Taking any actions that are necessary to remove potential future impact on the person, but that are not retaliatory against the person or the staff member who reported to the official of the district or private school.(f) All complaints about behavior that may violate the policy shall be investigated.(g) The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.(h) The person who initiated the complaint and, if applicable, the person's parents shall be notified:(A) When the investigation is initiated and concluded; and(B) As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.(6)(a) The written notification required under subsections (3)(c), (4)(c) and (5)(d) of this section must set forth: (A) The rights of the student, student's parents, staff member, person or person's parents who filed the complaint.(B) Information about the internal complaint processes available through the school or district that the student, student's parents, staff member, person or person's parents who filed the complaint may pursue, including the person designated for the school or district for receiving complaints.(C) Notice that civil and criminal remedies that are not provided by the school or district may be available to the student, student's parents, staff member, person or person's parents through the legal system and that those remedies may be subject to statutes of limitation.(D) Information about services available to the student or staff member through the school or district, including any counseling services, nursing services or peer advising.(E) Information about the privacy rights of the student, staff member or person and legally recognized exceptions to those rights for internal complaint processes and services available through the school or district.(F) Information about, and contact information for, state and community-based services and resources that are available to persons who have experienced sexual harassment.(G) Notice that students who report information about possible prohibited conduct and students who participate in an investigation under a policy adopted as provided by this section may not be disciplined for violations of the district's drug and alcohol policies that occurred in connection with the reported prohibited conduct and that were discovered as a result of a prohibited conduct report or investigation unless the student gave another person alcohol or drugs without the person's knowledge and with the intent of causing the person to become incapacitated and vulnerable to the prohibited conduct.(b) The written notification required by this subsection must:(A) Be written in plain language that is easy to understand;(B) Use print that is of a color, size and font that allow the notification to be easily read; and(C) Be made available to students, students' parents, staff members and members of the public at each school office, at the district office and on the website of the school or district.Amended by 2023 Ch. 242, § 1, eff. 7/1/2023.Amended by 2021 Ch. 479, § 4, eff. 1/1/2022.Amended by 2019 Ch. 442, § 1, eff. 7/1/2020.Amended by 2018 Ch. 38, § 1, eff. 7/1/2018.