6121 - Sexual Harassment of District Personnel
|Policy: Sexual Harassment of District Personnel||Policy Number: 6121|
|Date of Original Policy: 07/10/2002||Date Revision Adopted: 11/07/2018|
|Reviewed by Policy Committee: 10/17/2018||Date of Next Review: 11/18/2021|
|Replacement of Policy Number:|
The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide for all District employees an environment that is free of sexual harassment and intimidation. Sexual harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of sexual harassment by employees, school volunteers, students, and non-employees such as contractors and vendors which occur on school grounds and at all school –sponsored events, programs and activities including those that take place at locations off school premises. Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of sexual nature when:
a) Submission of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or a student’s education;
b) Submission to or rejection of such conduct by an individual or a student as used is a basis for employment or education decisions affecting such individuals or students; and
c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or student’s education or has the purpose or effect of creating and intimidating, hostile or offensive work environment.
The Board acknowledges that in determining whether sexual harassment has occurred the totality of the circumstances should be evaluated. The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from co-workers as well as supervisors, and from a student; and from a third party such as a school visitor, volunteer, or vendor, or any other individual associated with the School District.
In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any employee who believes he or she has been a victim of sexual harassment in the work environment, as well as any other person who is aware or who has knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such alleged harassment to the District’s designated complaint officer (s) through formal informal or formal complaint procedures as developed by the District. Such complaints are recommended to be in writing, although verbal complaints of alleged sexual harassment will also be promptly investigated in accordance with the terms of this policy. In the event that the complaint officer is the alleged offender, the employee should report his or her complaint to the next level of supervisory authority.
Upon receipt of an informal or formal complaint, the District will conduct a thorough investigation of the charges. However, even in the absence of a complaint, if the District has knowledge of or has reason to know of or suspect any occurrence of sexual harassment, the District will investigate such conduct promptly and thoroughly.
To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges, and any disclosure will be provided on a “need to know” basis.
Based upon the results of the investigation, if the District determines that an employee or a student has violated the terms of this policy or accompanying regulations, immediate corrective action will be taken, as warranted, up to and including termination of the offender’s employment in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as school volunteers, vendor, etc.) who are found to have violated this policy or accompanying regulations will be subject to appropriate sanctions as warranted an in compliance with law. Students in violation of this policy will be subject to appropriate discipline as warranty by the Superintendent.
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses or any other individuals who participated in the investigation of a complaint of sexual harassment. Follow- up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the sexual harassment complaint have not suffered retaliation.
Finding That Harassment Did Not Occur
At any level or stage of the investigation of alleged harassment, if a determination is made that harassment did not occur, the Complaint Officer will so notify the complainant, the alleged offender and the Superintendent of this determination. Such a finding does not preclude the complainant from filing an appeal pursuant to District policy or regulation or pursuing other legal avenues of recourse.
However, even if a determination is made that harassment did not occur, the Superintendent or their designee reserves the right to initiate student or staff awareness or training, as applicable, to help ensure that the school community is not conducive to fostering harassment in the workplace.
In all cases, the Superintendent will inform the Board of Education of the results of each investigation involving a finding that harassment did not occur.
Knowingly Makes False Accusations
Employees or students who knowingly make false accusations against another individual as to allegations of harassment may also face appropriate disciplinary action.
Regulations will be developed for reporting, investigating and remedying allegations of sexual harassment. An appeal procedure will also be provided to address any unresolved complaints or unsatisfactory prior determinations by the applicable complaint officer (s).
Such regulation will be developed in accordance with federal and state law, as well as, any applicable collective bargaining agreement(s)
The Superintendent or their designee(s) will affirmatively discuss the topic of sexual harassment with all employees or student, express the District’s condemnation of such conduct, and explain the sanctions for harassment. Training programs will be established for employees to help ensure awareness of the issues pertaining to sexual harassment in the workplace, and to disseminate preventative measures to help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for designated supervisors and managerial employees, as may be necessary, for training in the investigation of sexual harassment complaints
A copy of this policy and its accompanying regulations will be available upon request and may be posted at various location in each school building. This District’s policy and regulation on sexual harassment will be published in appropriate school publication such as teacher/employee handbooks and/or school calendars.
The Civil Rights Act of 1991
42 United States Codes (USC) Section 1081(a)
29 Code of Federal Regulations (CFR) Section 1604.11(a)