Freedom from harassment & abuse

Nondiscrimination, sexual harassment, bullying and child abuse prevention.

On this page 7 topics

Freedom from Discrimination, Harassment, and Retaliation

Statement of Nondiscrimination

Harmony Public Schools believes that all students learn best in an environment free from harassment, and that student welfare is best served when students can work free from discrimination. Students are expected to treat other students and school employees with courtesy and respect, to avoid behaviors known to be offensive, and to stop those behaviors when asked or told to stop.

School employees are also expected to treat students with courtesy and respect.

The Board of Directors has established policies and procedures to prohibit and promptly respond to inappropriate and offensive behavior. In accordance with these policies and procedures, Harmony Public Schools prohibits discrimination, including harassment, against any student on the basis of race, color, religion, sex or gender, national origin, disability, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is also a violation of school policy.

Discrimination

For purposes of this handbook, discrimination against a student is defined as conduct directed at a student on the basis of race, color, religion, gender, national origin, disability, or any other basis prohibited by law that adversely affects the student.

Prohibited Harassment

Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, national origin, disability, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct:

Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
Otherwise adversely affects the student’s educational opportunities.

Prohibited harassment includes dating violence as defined by this Handbook.

Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening or intimidating conduct; offensive jokes; name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

Dating Violence

Dating violence occurs when one partner in a dating relationship, either past or current, intentionally uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other partner. Examples of dating violence against a student may include physical or sexual assaults, name-calling, put-downs, threats to hurt the student or the student’s family members or members of the student’s household, destroying property belonging to the student, threats to commit suicide or homicide if the student ends the relationship, attempts to isolate the student from friends and family, stalking, or encouraging others to engage in these behaviors.

Dating violence is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct:

Affects the student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
Otherwise adversely affects the student’s educational opportunities.

Retaliation

Harmony Public Schools prohibits retaliation against a student alleged to have experienced discrimination or harassment, including dating violence, or another student who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation.

A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a School investigation regarding discrimination or harassment, including dating violence, is subject to appropriate discipline.

Reporting Procedures

A student who experiences discrimination or harassment based on race, color, national origin, religion, age, or gender or who believes that another student has experienced such prohibited discrimination or harassment must immediately report the experience to a teacher, a counselor, the Principal or designee, or other school employee. The report may be made by the student’s parents. Alternatively, a report may be made directly to the appropriate Compliance Coordinator identified in this handbook.

Reports of sexual harassment should be made in the process outlined in the “Freedom from Sexual Harassment” portion of this Handbook.

Upon receiving a report of potential prohibited conduct, Harmony Public Schools will determine whether the allegations, if proven, would constitute prohibited discrimination, harassment, dating violence, or retaliation. If not, the school will determine if the allegations, if proven, would constitute bullying. If the alleged prohibited conduct, if proven, would constitute prohibited conduct and would also be considered bullying, an investigation of bullying will also be conducted.

Consultation and Assistance

With regard to the investigation of discrimination, harassment, or retaliation, the designated Compliance Coordinator may consult with and/or request assistance from the Campus Dean of Discipline, the Campus Principal, the Area Superintendent, the Assistant Area Superintendent of Programs, the Central Office Director of Student Safety and Conduct, the Central Office Employee Relations Director, or the school’s legal counsel.

Investigation of Complaints

To the extent possible, Harmony Public Schools will respect the privacy of the student; however, limited disclosures may be necessary to conduct a thorough investigation and to comply with law. Allegations of prohibited conduct, which includes dating violence, discrimination, harassment, and retaliation, will be promptly investigated.

If a law enforcement or other regulatory agency notifies the school that it is investigating the matter and requests that the school delay its investigation, Harmony Public Schools will resume the investigation at the conclusion of the agency’s investigation.

During the course of an investigation and when appropriate, the school will take interim action to address the alleged prohibited conduct.

If the school’s investigation indicates that prohibited conduct occurred, appropriate disciplinary action and, in some cases, corrective action, will be taken to address the conduct. Harmony Public Schools may take disciplinary and corrective action even if the conduct that is the subject of the complaint was not unlawful.

All involved parties will be notified of the outcome of the investigation within the parameters and limits allowed under the Family Educational Rights and Privacy Act (“FERPA”).

A student or parent who is dissatisfied with the outcome of the investigation may appeal through the process set forth in Board Policy PG-3.30 (Parent and Student Complaints and Grievances), beginning at Level Two.

Freedom from Sexual Harassment

Harmony Public Schools prohibits discrimination on the basis of sex, including sexual harassment, of a student and/or employee by an employee, volunteer, or another student.

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1. A school employee conditioning the provision of aid, benefit, or service on a student’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Harmony’s educational programs or activities;
3. Sexual assault, dating violence, domestic violence, or stalking (as those offenses are defined in the Clery Act, 20 U.S.C. § 1092(f), and the Violence Against Women Act, 34 U.S.C. § 12291(a)).

Examples of sexual harassment may include, but are not limited to, touching private body parts or coercing physical contact that is sexual in nature; sexual advances; jokes or conversations of a sexual nature; sexually-motivated physical, verbal, or nonverbal conduct; or other sexually motivated conduct, communications, or contact.

Romantic or inappropriate social relationships between students and school employees are prohibited. Any sexual relationship between a student and a school employee is always prohibited, even if consensual.

General Definitions

A “complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

A “respondent” means an individual who is reported to be the perpetrator of conduct that could constitute sexual harassment.

A “formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that Harmony investigate the allegation of sexual harassment.

“Supportive measures” means non-disciplinary, non-punitive individualized services offered appropriately and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Harmony Public Schools’ educational program or activity without unreasonably burdening either party, including measures designed to protect the safety of all parties or Harmony Public Schools’ educational environment, or deter sexual harassment. Examples of supportive measures include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of class schedules, mutual restrictions on contact between the parties, and other similar measures.

Reporting Sexual Harassment

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by email, using the contact information listed for the Title IX Coordinator included in this Handbook, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time, including during non-business hours, by using the telephone number or email address, or by mail to the office address, listed for the Title IX Coordinator.

Harmony Public Schools’ response to a report of sexual harassment must treat complainants and respondents equitably by offering supportive measures and by following a grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

After a report of sexual harassment has been made, the Title IX Coordinator must promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

Notice of Allegations

Upon receipt of a formal complaint, Harmony Public Schools must provide the following written notice to the parties who are known:

Notice of Harmony Public Schools’ grievance process, including any informal resolution process.
Notice of the allegations of sexual harassment, including, to the extent known, the identity of the parties, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident.
Notice that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made known at the conclusion of the grievance process.
Notice that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
Notice that the parties may inspect and review evidence related to the complaint.
Notice that Harmony Public Schools prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, during an investigation, Harmony Public Schools decides to investigate allegations about the complaint or respondent that are not included in the initial notice of the complaint, Harmony Public Schools must provide notice of the additional allegations to the parties whose identities are known.

Grievance Process

At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of Harmony Public Schools.

The following guidelines apply when Harmony Public Schools receives a formal complaint of sexual harassment. This process is designed to incorporate due process, principles, treat all parties fairly, and to assist Harmony Public Schools reach reliable responsibility determinations.

Harmony Public Schools will require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.
Any individual designated by Harmony Public Schools as a Title IX Coordinator, investigator, decision-maker, or to facilitate an informal resolution process must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or responsible. Harmony Public Schools will ensure that Title IX Coordinators, investigators, decision-makers, and anyone who facilitates an informal resolution process receive appropriate training related to the requirements of Title IX and Harmony Public Schools’ sexual harassment policy.
Harmony Public Schools recognizes a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the complaint process.
Harmony Public Schools shall attempt to complete an investigation of reported sexual harassment within 45-60 days of receiving a complaint. However, the investigation process may be delayed or extended for a limited time for good cause with written notice to the complainant and the respondent of the delay or extension. Good causes may include considerations such as absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
Students found to have engaged in sexual harassment are subject to disciplinary action as outlined in the Student Code of Conduct.
Harmony Public Schools shall employ the preponderance of the evidence standard to determine responsibility when reviewing formal complaints.
Harmony Public Schools may not require, allow, rely upon, or otherwise use questions of evidence that constitute, or seek disclosure, of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

Consolidation of Formal Complaints

Harmony Public Schools may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Dismissal of Formal Complaints

Harmony Public Schools must investigate the allegations in a formal complaint. Harmony must dismiss a formal complaint if the conduct alleged in the formal complaint:

Would not constitute sexual harassment, even if proved;
Did not occur in Harmony Public Schools’ education program or activity; or
Did not occur against a person in the United States.

Harmony Public Schools may dismiss a formal complaint or any allegations therein if, at any time during the investigation:

A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
The respondent is no longer enrolled or employed by Harmony Public Schools; or
Specific circumstances prevent Harmony Public Schools from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon a dismissal, Harmony Public Schools must promptly send simultaneous written notice to the parties of the dismissal and the reason(s) for the dismissal. Dismissal of a formal complaint does not preclude Harmony Public Schools from taking appropriate action under the Student Code of Conduct or any other school policy that may apply to the alleged conduct.

Investigating Formal Complaints

The following guidelines apply during the investigation of a formal complaint and throughout the grievance process.

Harmony Public Schools will ensure the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on Harmony Public Schools and not on the parties.
Harmony Public Schools cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Harmony Public Schools receives that party’s voluntary, written consent to do so.
Harmony Public Schools will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
Harmony Public Schools will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
Harmony Public Schools will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisory of their choice, and not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding. Harmony Public Schools may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
Harmony Public Schools will provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings with sufficient time for the party to prepare to participate.
Harmony Public Schools will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the recipient does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.
Prior to completing an investigative report, Harmony Public Schools must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completing the investigative report.
Harmony Public Schools must create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to a determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for review and written response.
After sending the investigative report to the parties and before reaching a determination of responsibility, the decision-maker(s) must afford each party the opportunity to submit written relevant questions that a party wants asked of any witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.

Determination Regarding Responsibility

The decision-maker(s) making a determination regarding responsibility cannot be the same person(s) as the Title IX Coordinator or the investigator(s). The decision-maker(s) must review the investigation report and make a written determination, based on the preponderance of the evidence standard, regarding responsibility. The written determination must include:

Identification of the allegations potentially constituting sexual harassment;
A description of the procedural steps taken from receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, or methods used to gather other evidence;
Findings of fact supporting the determination;
Conclusions regarding application of Harmony Public Schools’ Code of Conduct to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to Harmony Public Schools’ education program or activities will be provided to the complainant; and
Harmony Public Schools’ procedures and permissible bases for the complainant and respondent to appeal.

Harmony Public Schools must provide the written determination to the parties simultaneously. The determination becomes final either on the date Harmony Public Schools provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

The Title IX Coordinator is responsible for effective implementation of any remedies.

Appeals

Harmony Public Schools will offer both parties an appeal from a determination regarding responsibility, and from Harmony Public Schools’ dismissal of a formal complaint or any allegations therein, on the following bases:

Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

As to appeals, Harmony Public Schools will ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, or the investigator(s), or the Title IX Coordinator. Harmony Public Schools will provide both parties a reasonable equal opportunity to submit a written statement in support of, or challenging, the outcome.

The decision-maker(s) for the appeal will issue a written decision, based on the preponderance of the evidence standard, describing the result of the appeal and the rationale for the result, and provide the written decision simultaneously to both parties.

A party who is dissatisfied with the appeal decision may file an appeal to the Board of Directors through the process outlined in Harmony Public Schools’ grievance procedures.

Emergency Removals

Harmony Public Schools is able to remove a respondent from Harmony Public Schools’ education program on an emergency basis, provided that Harmony Public Schools undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. Harmony Public Schools’ ability to do so may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504, or the Americans with Disabilities Act.

Informal Resolution

At any time prior to reaching a determination regarding responsibility, Harmony Public Schools may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication. However, Harmony Public Schools may not require as a condition of enrollment or continuing enrollment, or employment or continued employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints. Additionally, Harmony Public Schools may not require the parties to participate in an informal process and may not offer an informal resolution process unless a formal complaint is filed.

Prior to facilitating an informal resolution process, Harmony Public Schools must:

Provide to the parties a written notice disclosing the allegations and the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations. The notice must also inform that, at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, as well as of any consequence resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
Obtain the parties’ voluntary, written consent to the informal resolution process.

Harmony Public Schools may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Retaliation Prohibited

Neither Harmony Public Schools nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this policy.

Examples of retaliation may include, but are not limited to, intimidation, threats, coercion, or discrimination.

Complaints alleging retaliation may be filed according to the grievance procedure described above.

Confidentiality

Harmony Public Schools must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by FERPA or as required by law, or for purposes related to the conduct of any investigation, hearing, or judicial proceeding arising under the Title IX regulations.

Freedom from Bullying and Cyberbullying

Harmony Public Schools prohibits bullying as defined below, as well as retaliation against anyone who reports or provides information as part of an investigation of potential bullying.

Bullying is defined in state law as a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that:

Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable harm to the student’s person or of damage to the student’s property;
Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
Materially and substantially disrupts the educational process or the orderly operation of a classroom or the school; or
Infringes on the rights of the victim at school.

Bullying also includes cyberbullying, which is defined by state law as bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.

Harmony Public Schools will also take steps to prevent and mediate bullying incidents between students that:

Interfere with a student’s educational opportunities; or

Substantially disrupt the orderly operations of a classroom, school, or school-sponsored or school-related activity.

The school’s anti-bullying policy applies to:

Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
Bullying that occurs on a publicly or privately-owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and
Cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying interferes with a student’s educational opportunities or substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.

Examples of prohibited bullying could include:

Assault
Confinement
Demands for money
Destruction of property or theft of valued possessions
Hazing
Name-calling
Ostracism
Rumor-spreading
Taunting
Teasing
Threats

Reporting Procedures

If a student believes that he or she has experienced bullying or has witnessed bullying of another student, it is important for the student (or parent) to notify a teacher, school counselor, the Principal, or another school employee as soon as possible to obtain assistance. Reports of potential bullying may be submitted anonymously. Online bullying reporting is also available through the campus website.

Once a report of bullying, including cyberbullying, is received, Harmony will track the progress of the report and investigation of the reported incident(s) and shall monitor the reported counts of bullying incidents to assist Harmony with bullying prevention efforts and determination of the school’s response to the incident.

Investigation of Report

The Principal or designee shall determine whether the allegations in the report, if proven, would constitute prohibited harassment and, if so, proceed under that policy instead. The Principal or designee shall conduct an appropriate investigation based on the allegations in the report, and shall take prompt interim action calculated to prevent bullying during the course of an investigation, if appropriate.

If the results of an investigation indicate that bullying occurred, the school will take appropriate disciplinary or corrective action, and may notify law enforcement in certain circumstances. Disciplinary action may be taken even if the conduct did not rise to the level of bullying. Available counseling options will be provided to individuals involved in a bullying incident, including any students who have been identified as witnesses to the bullying.

A student who receives special education services will be disciplined for conduct meeting the definition of bullying or cyberbullying within applicable requirements under federal law, including the Individuals with Disabilities Education Act. Harmony Public Schools may not impose discipline on a student who, after an investigation, is found to be a victim of bullying, based on that student’s use of reasonable self-defense in response to the bullying.

The Principal or designee may make a report to local law enforcement officials if, after an investigation is completed, the Principal or designee has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 (Assault) or 42.07(a) (7) (Harassment), Texas Penal Code.

Confidentiality

To the greatest extent possible, the school will respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation.

Appeal

A student or parent who is dissatisfied with the outcome of the investigation may appeal through the Harmony Public Schools’ grievance procedure.

Law Enforcement Agencies

When law enforcement officers or other lawful authorities wish to question or interview a student at school, the Principal or designee will cooperate fully regarding the conditions of the interview, including allowing interviews without parental consent if necessary, if the questioning or interview is part of a child abuse investigation.

In other circumstances,

The school administration shall verify and record the identity of the official and request an explanation of the need to question or interview the student at school.
The school administration shall make reasonable efforts to notify the student’s parent, unless the interviewer raises what the administration considers to be a valid objection.
A campus administrator will generally be present during the questioning or interview, unless the interviewer raises what the administration considers to be a valid objection.

The school shall permit a student to be taken into legal custody: Pursuant to an order of the juvenile court;

By a law enforcement officer if there is probable cause to believe the student has engaged in conduct that violates a penal law, delinquent conduct or conduct in need of supervision, or conduct that violates a condition of probation imposed by the juvenile court.
By a law enforcement officer to obtain fingerprints or photographs for comparison in an investigation.
By a law enforcement officer to obtain fingerprints or photographs to establish a student’s identity, where the child may have engaged in conduct indicating a need for supervision, such as running away.
By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court.
By an authorized representative of Child Protective Services, Texas Department of Family and Protective Services (“DFPS”), a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in the Texas Family Code relating to the student’s physical health or safety.
Pursuant to a properly issued directive to apprehend.
To comply with a properly issued directive from a juvenile court to take a student into custody.
To comply with an order of the juvenile court.
To comply with the laws of arrest.

Before a student is released to a law enforcement officer or other legally authorized person, the campus administration will verify the officer’s identity and, to the best of his or her ability, verify the official’s authority to take custody of the student.

The campus administration will immediately notify the Superintendent or designee and will ordinarily attempt to notify the parent unless the officer or other authorized person raises what the administration considers to be a valid objection to notifying the parents. Because campus administrators do not have the authority to prevent or delay a student’s release to a law enforcement officer, any notification will most likely be after the fact.

Child Abuse Reporting and Programs

Harmony Public Schools provides child abuse anti-victimization programs and cooperates with official child abuse investigators as required by law. The school provides training to its teachers and students in preventing and addressing incidents of sexual abuse and other maltreatment of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse or maltreatment. Assistance, interventions and counseling options are also available.

The school’s administration shall cooperate with law enforcement investigations of child abuse, including investigations by the Texas Department of Protective and Family Services. School officials may not refuse to permit an investigator to interview at school a student who is alleged to be a victim of abuse or neglect. School officials may not require the investigator to permit school personnel to be present during an interview conducted at school.

Investigations at school may be conducted by authorized law enforcement or state agencies without prior notification or consent of the student’s parent(s), if necessary.

Plan for Addressing Sexual Abuse, Trafficking, and Other Maltreatment of Children

Harmony Public Schools has established a plan for addressing child sexual abuse, trafficking, and other maltreatment of children. For purposes of this plan, trafficking includes both sex and labor trafficking. The plan may be accessed through the school website, and is available in each Principal’s office and in the central administrative office.

What is Sexual Abuse of a Child?

Sexual abuse in the Texas Family Code is defined as any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as a failure to make a reasonable effort to prevent sexual conduct with a child. A person who compels or encourages a child to engage in sexual conduct commits abuse. It is illegal to make or possess child pornography or to display such material to a child.

What is Trafficking?

Child trafficking in any form is prohibited by the Texas Penal Code. Sex trafficking involves forcing a person, including a child, into sexual abuse, assault, indecency, prostitution, or pornography. Labor trafficking involves forcing a person, including a child, to engage in forced labor or services.

What is Other Maltreatment of a Child?

Other maltreatment of a child under the Texas Family Code includes “abuse” or “neglect” of a child.

Reporting and Responding to Sexual Abuse, Trafficking, and Other Maltreatment of Children

Anyone who suspects that a child has been or may be abused, trafficked, or neglected has a legal responsibility, under state law, for reporting the suspected abuse or neglect to law enforcement or to the Texas Department of Family and Protective Services (“DFPS”).

A child who has experienced sexual abuse, trafficking, or any other type of abuse or neglect should be encouraged to seek out a trusted adult. Be aware as a parent or other trusted adult that disclosures of sexual abuse and trafficking may be more indirect than disclosures of physical abuse and neglect, and it is important to be calm and comforting if your child, or another child, confides in you. Reassure the child that he or she did the right thing by telling you.

Parents, if your child is a victim of sexual abuse, trafficking, or other maltreatment, the school counselor or Principal will provide information regarding counseling options for you and your child available in your area. The DFPS also manages early intervention counseling programs. To find out what services may be available in your county, see Texas Department of Family and Protective Services, Programs Available in Your County (opens in a new tab).

Reports of abuse, trafficking, or neglect may be made to:

Texas Abuse Hotline: 1-800-252-5400;
In non-emergency situations, the Texas Abuse Hotline Website (opens in a new tab);
Your local police department; or
Call 911 for emergency situations.

Methods for Increasing Awareness Regarding Sexual Abuse, Trafficking, or Other Maltreatment of Children

For Teachers

The school annually trains teachers in all content areas addressed in the plan. Training is provided by campus staff, administrative staff, or outside agencies as determined by the campus administration. The training includes prevention techniques for and recognition of sexual abuse, trafficking, and all other maltreatment of children, including sexual abuse, trafficking, and other maltreatment of children with significant cognitive disabilities.

For Students

School counseling staff will address issues to increase awareness regarding sexual abuse, trafficking, and other maltreatment of children and anti-victimization programs with age appropriate conversation and materials no less than once per semester. These discussions will occur in classroom group settings for students in grades K–8, and in health or PE classes for students in grades 9–12.

For Parents

Parents must be aware of warning signs indicating that their child may have been or is being sexually abused, trafficked, or otherwise maltreated.

The fact that the abuser is a parent or other family member does not remove your obligation to protect the child. Parents who permit their child to remain in a situation where he or she may be injured or abused may also be subject to prosecution for child abuse. And, if you are frightened for your own safety or that of your child, you should call 911 or 1-800-252-5400.

Also, remember that parents are legally responsible for the care of their children and must provide their children with safe and adequate food, clothing, shelter, protection, medical care and supervision, or arrange for someone else to provide these things. Failure to do so may be considered neglect.

These websites are also helpful:

Office of the Texas Governor’s Child Sex Trafficking Team (opens in a new tab)

Likely Warning Signs of Sexual Abuse, Trafficking, or Other Maltreatment

Psychological and behavioral signs of possible sexual abuse and other maltreatment may include:

Nightmares, sleep problems, extreme fears without an obvious explanation.
Sudden or unexplained personality changes; becoming withdrawn, angry, moody, clingy, “checking out” or showing significant changes in eating habits.
Depression or irritability.
An older child behaves like a young child, for example, bedwetting or thumb sucking.
Developing fear of certain places or resisting being alone with an adult or young person for unknown reasons.
Resistance to routine bathing, toileting, or removing clothes, even in appropriate situations.
Play, writing, drawings, or dreams of sexual or frightening images.
Refusal to talk about a secret he or she has with an adult or older child.
Leaving clues that seem likely to provoke a discussion about sexual issues.
Using new or adult words for body parts.
Engaging in adult-like sexual activities with toys, objects or other children.
Developing special relationships with older friends that may include unexplained money, gifts, or privileges.
Intentionally harming him or herself, for example, drug/ alcohol use, cutting, burring, running away, and sexual promiscuity.
Thinking of self or body as repulsive, dirty, or bad. Becoming increasingly secretive about Internet or telephone use.
Physical symptoms of possible sexual abuse or other maltreatment include:

Stomachaches or illness, often with no identifiable reason. Difficulty in walking or sitting.
Stained or bloody underwear.
Genital or rectal pain, itching, swelling, redness, or discharge. Bruises or other injuries in the genital or rectal area.
Unexplained soreness, pain or bruises around the mouth, sexually transmitted disease, or pregnancy.

Possible warning signs of sexual abuse or other maltreatment may include:

An older child behaving like a young child, for example, bedwetting or thumb-sucking.
Becoming increasingly secretive about Internet or telephone use.
Developing special relationships with older friends that may include unexplained money, gifts, or privileges.
Difficulty sitting or walking, pain in the genital areas, and claims of stomachaches and headaches.
Engaging in adult-like sexual activities with toys, objects or other children.
Fear of being alone with adults.
Play, writing, drawings, or dreams of sexual or frightening images.
Using new or adult words for body parts.
Verbal references or pretend games of sexual activity between adults and children fear of being alone with adults of a particular gender, or sexually suggestive behavior.
Withdrawal, depression, sleeping and eating disorders, and problems in school.

Possible warnings signs of sex trafficking include:

Changes in school attendance, habits, friend groups, vocabulary, demeanor, and attitude.
Frequent runaway incidents.
Isolation from friends, family, and community.
Multiple phones or social media accounts.
Older boyfriends or girlfriends.
Provocative pictures posted online or stored on the phone.
Refillable gift cards.
Social interaction and schedule being strictly controlled by someone else.
Sudden appearance of expensive items (for instance, manicures, designer clothes, purses, technology).
Tattoos or branding.
Unexplained injuries.

Possible warning signs of labor trafficking in children include:

A desire to quit a job but not being allowed to do so.
Being employed and having a work permit but clearly working outside the permitted hours for students.
Being employed but not having a school-authorized work permit.
Being overly concerned with pleasing an employer and/or deferring personal or educational decisions to a boss.
Being unpaid, paid very little, or paid only through tips.
Living with an employer or having an employer listed as a student’s caregiver.
Not being allowed breaks at work or being subjected to excessively long work hours.
Not being in control of his or her own money.
Owing a large debt and being unable to pay it off.

Any one sign does not necessarily mean that a child has been sexually abused or maltreated, but the presence of several signs is the time you should begin asking questions and seeking help. Signs often first emerge at other times of stress, such as during a divorce, death of a family member or pet, problems at school or with friends, or other traumatic or anxiety-inducing events.

Actions That a Child Who is a Victim of Sexual Abuse or Other Maltreatment Should Take

During student awareness sessions concerning sexual abuse and other maltreatment issues, students will be encouraged to tell a trusted adult in a private and confidential conversation if they have been a victim of sexual abuse or have been in situations that make them feel uncomfortable in any way. School employees are trained to take appropriate actions to help the child obtain assistance and to follow proper reporting procedures. Older students will also be provided with local crisis hotline numbers to obtain assistance.

Available Counseling Options

A list of counseling providers can be found through the “Texas Department of Family and Protective Services, Programs Available in your County (opens in a new tab)” website.

Harmony Public Schools Student & Parent Handbook, 2026–2027. In case of conflict between Board Policy and this handbook, the provision most recently adopted by the Board of Directors will be followed.