D . Sex-Based Harassment . ( Reference 413.1 Title IX Harassment Grievance Process )
1 . “ Sex-based harassment ” includes both sexual harassment and gender-based harassment .
2 . Sexual harassment is harassment of a sexual nature . Sexual harassment consists of unwelcome sexual advances , requests for sexual favors , sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when :
a . submission to that conduct or communication is made a term or condition , either explicitly or implicitly , of obtaining or retaining employment , or of obtaining an education ; or
b . submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual ’ s employment or education ; or
c . the conduct or communication has the purpose or effect of creating a hostile environment .
3 . “ Gender-based harassment ” means non-sexual harassment of a person because of the person ’ s sex , including harassment based on gender identity and expression . Gender-based harassment includes , but is not limited to , harassment based on the person ’ s nonconformity with gender stereotypes , regardless of the actual or perceived sex , gender identity , or sexual orientation of the harasser or target of the harassment .
4 . “ Gender stereotypes ” refers to stereotypical notions of masculinity and femininity or expectations of how boys or girls should act .
E . Sexual Orientation Based Harassment . ( Reference 413.1 Title IX Harassment Grievance Process )
1 . “ Sexual orientation-based harassment ” means non-sexual harassment of a person because of the person ’ s actual or perceived sexual orientation or association with or advocacy for a person or group ( e . g ., family members or friends ) who are lesbian , gay , bisexual or transgender (“ LGBT ”).
2 . “ Sexual orientation ” means having or being perceived as having an emotional , physical , or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment , or having or being perceived as having a self-image or identity not traditionally associated with one ’ s biological maleness or femaleness .
F . Racial , Color , Creed or National Origin Harassment .
1 . Racial , color , creed or national origin harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual race , color , creed or national origin .
2 . “ National origin ” means the place of birth of an individual or of any of the individual ’ s lineal ancestors . This includes harassment of students born in the United States who have relatives that are from other countries .
G . Religious Harassment .
Religious harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual religious beliefs .
H . Disability Harassment .
1 . Disability harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual disability .
2 . A person with a disability is any person who ( 1 ) has a physical or mental impairment which substantially limits one or more major life activities ; ( 2 ) has a record of such an impairment ; or ( 3 ) is regarded as having such an impairment . This includes students who are protected by Title II of the Americans with Disabilities Act and / or Section 504 of the Rehabilitation Act .
3 . Disability harassment also may deny a student with a disability a free and appropriate public education ( FAPE ). Harassment of a student based on disability may decrease the student ’ s ability to benefit from his or her education and amount to a denial of FAPE .
I . Other Protected Class Harassment .
Harassment of other protected classes consists of physical or verbal conduct based on an individual ’ s perceived or actual protected class status .
J . Sexual Violence .
Sexual violence is a physical act of aggression or force or the threat thereof that involves the touching of another person ’ s intimate parts , or forcing a person to touch any person ’ s intimate parts . Intimate parts , as defined in Minn . Stat . § 609.341 , includes the primary genital area , groin , inner thigh , buttocks or breast , as well as the clothing covering these areas . Sexual violence may include , but is not limited to :
1 . touching , patting , grabbing , or pinching another person ’ s intimate parts , whether that person is of the same sex or the opposite sex ;
2 . coercing , forcing or attempting to coerce or force the touching of anyone ’ s intimate parts ;
3 . coercing , forcing or attempting to coerce or force sexual intercourse or a sexual act on another ; or
4 . threatening to force or coerce sexual acts , including the touching of intimate parts or intercourse , on another .
K . Racial , Color , Creed or National Origin Violence .
Racial violence is a physical act of aggression or force , an assault , or the threat thereof , that is directed toward a student or employee based on their perceived or actual race , color , creed , or national origin .
L . Religious Violence .
Religious violence is a physical act of aggression or force , an assault , or the threat thereof , that is directed toward a student or employee based on their perceived or actual religion .
M . Disability Violence . Disability violence is a physical act of aggression or force ,
36 ahschools . us / policies 2022-23 School Handbook