ACF, Sexual Misconduct and Sexual Harassment of Students

About this Policy

Policy: ACF

Last revised: June 29, 2021

Purpose

Montgomery County Board of Education policy, formerly titled, Policy ACF, Sexual Harassment, was amended on June 29, 2021, and retitled, Sexual Misconduct and Sexual Harassment of Students.  The purposes of the amended Policy ACF are –

To prohibit sexual misconduct and sexual harassment on Montgomery County Public School (MCPS) property.

To mandate the development of educational programs designed to help MCPS employees and students recognize, understand, and report sexual misconduct and sexual harassment.

To establish the framework for effective procedures for addressing complaints of sexual misconduct and sexual harassment.

 

Background

On May 6, 2020, the U.S. Department of Education promulgated regulations to govern reporting, investigation, and discipline of incidents of sexual harassment as a form of sexual discrimination under Title IX of the Education Amendments of 1972, as amended.  These regulations set forth a definition of sexual harassment and specific reporting, investigation, and training procedures for K-12 education institutions as well as postsecondary educational institutions receiving federal education funds.

Conduct that does not meet the elements of sexual harassment, as defined in federal law, may constitute sexual misconduct which is also subject to investigation and discipline in accordance with Board Policy JHF, Bullying, Harassment, or Intimidation, the Student Code of Conduct in MCPS, and the MCPS Employee Code of Conduct.

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