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Gwinnett County Public Schools

Rule 9: Sexual Misconduct/Indecency

A student shall not engage in any act of sexual harassment of a physical nature or verbal nature. A student shall not perform any act of indecent exposure, lewd exposure, gesture, or lewd caress or indecent fondling/touching of the student’s own body or the body of another person, or any act of sexual intercourse. A student shall not use any inappropriate gestures that mimic or imply sexual acts or engage in any acts of “streaking” or “mooning” as those terms are commonly understood. Such acts will not be regarded lightly or considered pranks.

A student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including any non-curricular sexually explicit printed or non-printed materials; or a student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including but not limited to non-curricular materials depicting the human male or female genitals or buttocks with less than a fully opaque covering or any portion of the female breast with less than a fully opaque covering.

The prohibited behaviors include, but are not limited to, the following:

Student Infractions and Behavioral Responses

SRO Notification: Rules marked with an “X” require the local school administrator to notify the SRO. If a rule is marked with “XX,” the SRO will notify the District Attorney’s office.

 

Rule 9

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

9A

Sexual harassment. Deliberate and unsolicited physical actions, gestures, or verbal or written comments of a sexual nature that are repeated or a single incident of a sufficiently serious nature to create a hostile environment;

IV or V

 

9B

Lewd (sexual) exposure (any act of) (This includes “streaking” and “mooning.”);

IV or V

XX

9C

Obscene and/or indecent gestures or gestures that mimic or imply sexual intercourse;

II or III

 

 

9D

Lewd caress or indecent fondling or touching of the student’s own body;

IV or V

XX

9E

Lewd caress or indecent fondling or touching of the body of another person;

IV or V

XX

9F

Sexual intercourse;

IV or V

XX

9G

Oral sex or any act of sodomy;

IV or V

XX

9H

Aggravated sexual battery (intentionally penetrating with a foreign object the sexual organ or anus of another person without the consent of that person);

[Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9I

Pornographic materials. Possession or transmission by any means of descriptions, images, recordings, or other materials involving the display of genitals, pubic area, buttocks, or breasts;

II or III

X

9IB

Sexually Exploitative/Sexually Explicit materials. Possession or transmission by any means of descriptions, images, recordings, or other materials involving (a) sexual acts of any type, (b) exposure of the genitals, pubic area, breasts, or buttocks of a minor, or (c) other graphic sexual content;

IV or V

X

9IC

Recording images of intimate areas. Recording, possession, and/or transmission of images of students or employees that are of a sexual nature and that were taken without the consent of the student or employee;

IV, V

XX

9J

Kissing or any act of intimacy;

I, II or III

 

9K

Aggravated child molestation. (An offense of child molestation which physically injures the child or involves an act of sodomy);

[Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9L

Aggravated sodomy (performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another with force and against the will of the other person or when the student commits sodomy with a person who is less than ten years of age);

[Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9M

Rape (a person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will, or a female who is less than 10 years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ);

[Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9N

Sexual battery (intentional physical contact with the intimate parts of the body of another person without the consent of that person);

IV or V

XX

9O

Allowing another student/person to commit a lewd or indecent act to the body of oneself;

IV or V

X

9Z

Other: (list)

I, II or III

X

NOTE: Sexting (sending and receiving of lewd or pornographic text messages) will be handled under rules 9I, 9IB, and 9IC and may result in a range of consequences from suspension to referral to a disciplinary tribunal.