Interior

5.20 - Sexual Harassment

Employees are prohibited from sexually harassing other employees or students.

A. In the case of sexual harassment to an employee by another employee, sexual harassment means any:

1.     Unwelcome sexual advances;

2.     Requests for sexual favors; or

3.     Any conduct of a sexual nature when (i) submission to such conduct us made either explicitly or implicitly as a term or condition of an individual’s employment, or (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (iii) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

B. In the case of sexual harassment of a student by an employee/volunteer, sexual harassment means:

1.     Any sexual advance by an employee/volunteer toward a student;

2.     Any request by an employee/volunteer to a student for sexual favors;

3.     Any acceptance by an employee/volunteer of a sexual advance or request for sexual favors from a student; or

4.     Any conduct of a sexual nature by an employee/volunteer directed toward a student when (i) the student’s submission to or rejection of such conduct is either explicitly or implicitly a term or condition of the student’s grade or the student’s participation in any school-sponsored activity, or (ii) such conduct has the purpose, or effect, on a student of reasonable sensibilities of creating an intimidating, hostile or offensive school environment for the student.

Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms “intimidating”, “hostile”, and “offensive” include conduct which has the effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment can include unwelcome touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, and spreading rumors related to a person’s alleged sexual activities.

The School Board encourages the aggrieved person(s), who feels comfortable doing so, to directly inform the person engaging in sexually harassing conduct or communication that such conduct or communication is offensive and must stop. Employees may choose to report to a person of the employee’s same sex. Ultimately, complaints alleging a violation of this policy will be brought to the attention of the Building Principal and/or Assistant Superintendent for Human Resources who shall initiate and conduct a thorough investigation. The current name/address/and telephone number of the Building Principal and/or Assistant Superintendent for Human Resources shall be obtained through the Office of the Superintendent. While initiating a complaint a sexual harassment must be exercised, every effort must be made to state the facts accurately which prompted the complaint and to avoid groundless accusations. No reprisal of any kind will be taken by the Board, an administrator, or any employee of the District against a person who in good faith brings a complaint under this policy.

There are no express time limits for initiating complaints and grievances under this policy; however, every effort will be made to file such complaints as soon as possible, while facts known and potential witnesses are available.

Any District employee/volunteer who is determined, after an investigation, to have engaged in sexual harassment will be subject to disciplinary action up to and including dismissal. Any person making a knowingly false accusation regarding sexual harassment will likewise be subject to disciplinary action up to and including dismissal.

The Employee’s Complaint Process

1.     Report the complaint to the Building Principal and/or Assistant Superintendent for Human Resources.

2.     The Building Principal and Assistant Superintendent for Human Resources will take complaints seriously.

3.     The Building Principal or designee and Assistant Superintendent for Human Resources will investigate thoroughly.

4.     The Superintendent shall be kept abreast of the investigation.

5.     The Superintendent or designee will discipline swiftly, if appropriate; and

6.     The Administration will document findings and action taken.

At the beginning of each school year, the District will reacquaint every employee and/or volunteer with this policy. Additionally, every new employed person and/or volunteer will be orientated to this policy before he/she renders service in the District.

In carrying out this policy, the District recognizes that sexual harassment is a form of sexual discrimination and as such is subject to applicable state and federal regulations.

ADOPTED: October 4, 1999

REVISED: September 2004

 

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