Alcalaw’s Tip of the Week for the National Association of Independent Schools (NAIS): Proactively Adopt a Strong Anti-Harassment Policy
No school administrator wants to think about a student experiencing an incident of sexual assault or harassment at the hands of a classmate, but it happens—and can have a devastating impact on the students immediately involved and the broader school community. Schools can take an important proactive step and adopt a comprehensive anti-harassment policy in advance. This is an effective way for your school to promote student safety, demonstrate a commitment to fostering a safe learning environment, and get the school community on the same page regarding what will happen if an incident occurs.
Schools have historically preferred some vagaries in their student handbooks and disciplinary policies. While the flexibility that affords administrators may have its appeal in some areas, it provides little support in the face of a sexual misconduct crisis. Adopting a robust anti-harassment policy offers several valuable benefits to the school community:
It provides clear notice to students and parents about behavioral expectations and avoids disputes about what, in the eyes of the school, constitutes a policy violation.
It arms administrators with clear guidelines about how to respond to allegations, which promotes consistency and guards against claims of bias.
It can deter future misconduct by warning students of the consequences that might result from engaging in prohibited conduct.
Creating a strong anti-harassment policy for students is an important first step to ensuring that your school will know how best to respond if an explosive claim is reported to administrators or shared on social media. The policy can provide a clear procedural roadmap and incorporate trauma-informed principles to ensure your school responds in a way that reduces harm instead of compounding it.
Please note that this post is not legal advice.
