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EASTON AREA
SCHOOL DISTRICT
No. 348
SECTION:
ADMINISTRATIVE
EMPLOYEES
TITLE:
UNLAWFUL HARASSMENT
ADOPTED:
May 27, 2007
REVISED:
348. UNLAWFUL HARASSMENT
1.
Purpose
The district seeks to establish and maintain an educational climate for employees
and a safe and supportive school environment. Therefore, it shall be the policy of the
district to maintain an employment environment in which harassment in any form is
not tolerated.
2.
Authority
Title IX
20 U.S.C.
Sec. 1681 et seq
Title VI
42 U.S.C.
Sec. 2000e et seq
The Board prohibits all forms of unlawful harassment of employees and third parties
by all district students and staff members, contracted individuals, vendors,
volunteers, and third parties in the schools. The Board encourages employees and
third parties who have been harassed to promptly report such incidents to the
designated administrators.
The Board directs that complaints of harassment shall be investigated promptly, and
corrective action be taken when allegations are substantiated. Confidentiality of all
parties shall be maintained, consistent with the district's legal and investigative
obligations.
No reprisals nor retaliation shall occur as a result of good faith charges of
harassment.
3.
Definitions
29 CFR
Sec. 1606.8 (a)
66 Fed. Reg. 5512
For purposes of this policy, harassment shall consist of verbal, written, graphic or
physical conduct relating to an individual's race, color, national origin/ethnicity,
gender, age, disability, sexual orientation or religion when such conduct:
1.
Is sufficiently severe, persistent or pervasive that it affects an individual's ability
to perform job functions or creates an intimidating, threatening or abusive work
environment.
2.
Has the purpose or effect of substantially or unreasonably interfering with an
individual's work performance.
3.
Otherwise adversely affects an individual's employment opportunities.
348. UNLAWFUL HARASSMENT - Pg. 2
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29 CFR
Sec. 1604.11 (a)
For purposes of this policy, sexual harassment shall consist of unwelcome sexual
advances; requests for sexual favors; and other inappropriate verbal, written, graphic
or physical conduct of a sexual nature when:
1.
Acceptance of such conduct is made, explicitly or implicitly, a term or
condition of an individual's continued employment.
2.
Submission to or rejection of such conduct is the basis for employment
decisions affecting the individual.
3.
Such conduct is sufficiently severe, persistent or pervasive that it has the
purpose or effect of substantially interfering with the employee's job
performance or creating an intimidating, hostile or offensive working
environment.
Examples of conduct that may constitute sexual harassment include but are not
limited to sexual flirtations, advances, touching or propositions; verbal abuse of a
sexual nature; graphic or suggestive comments about an individual's dress or body;
sexually degrading words to describe an individual; jokes; pin-ups; calendars;
objects; graffiti; vulgar statements; abusive language; innuendoes; references to
sexual activities; overt sexual conduct; or any conduct that has the effect of
unreasonably interfering with an employee's ability to work or creates an
intimidating, hostile or offensive working environment.
4.
Delegation of
Responsibility
Pol. 103
In order to maintain a work environment that discourages and prohibits unlawful
harassment, the Board designates the Superintendent or designee as the district's
Compliance Officer.
The Compliance Officer shall publish and disseminate this policy and the complaint
procedure at least annually to students, parents/guardians, employees, independent
contractors, vendors, and the public. The publication shall include the position,
office address and telephone number of the Compliance Officer.
The administration shall be responsible to provide training for students and
employees regarding all aspects of unlawful harassment.
Each staff member shall be responsible to maintain a working environment free from
all forms of unlawful harassment.
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The building principal or designee shall be responsible to complete the following
duties when receiving a complaint of unlawful harassment:
1.
Inform the employee or third party of the right to file a complaint and the
complaint procedure.
2.
Notify the complainant and the accused of the progress at appropriate stages of
the procedure.
3.
Refer the complainant to the Compliance Officer if the building principal is the
subject of the complaint.
5.
Guidelines
Complaint Procedure – Employee/Third Party
Step 1 – Reporting
An employee or third party who believes s/he has been subject to conduct that
constitutes a violation of this policy is encouraged to immediately report the incident
to the building principal.
If the building principal is the subject of a complaint, the employee or third party
shall report the incident directly to the Compliance Officer.
The complainant is encouraged to use the report form available from the building
principal, but oral complaints shall be acceptable.
Step 2 – Investigation
Upon receiving a complaint of unlawful harassment, the building principal shall
immediately notify the Compliance Officer. The Compliance Officer shall authorize
the building principal to investigate the complaint, unless the building principal is
the subject of the complaint or is unable to conduct the investigation.
The investigation may consist of individual interviews with the complainant, the
accused, and others with knowledge relative to the incident. The investigator may
also evaluate any other information and materials relevant to the investigation.
The obligation to conduct this investigation shall not be negated by the fact that a
criminal investigation of the incident is pending or has been concluded.
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Step 3 – Investigative Report
The building principal shall prepare a written report within fifteen (15) days, unless
additional time to complete the investigation is required. The report shall include a
summary of the investigation, a determination of whether the complaint has been
substantiated as factual and whether it is a violation of this policy, and a
recommended disposition of the complaint.
The findings of the investigation shall be provided to the complainant, the accused,
and the Compliance Officer.
Step 4 – District Action
If the investigation results in a finding that the complaint is factual and constitutes a
violation of this policy, the district shall take prompt, corrective action to ensure that
such conduct ceases and will not recur.
Pol. 317, 417, 517
Disciplinary actions shall be consistent with Board policies and district procedures,
applicable collective bargaining agreements, and state and federal laws.
If it is concluded that an employee has knowingly made a false complaint under this
policy, such employee shall be subject to disciplinary action, including termination.
Appeal Procedure
1.
If the complainant is not satisfied with a finding of no violation of the policy or
with the corrective action recommended in the investigative report, s/he may
submit a written appeal to the Compliance Officer within fifteen (15) days.
2.
The Compliance Officer shall review the investigation and the investigative
report and may also conduct a reasonable investigation.
3.
The Compliance Officer shall prepare a written response to the appeal within
fifteen (15) days. Copies of the response shall be provided to the complainant,
the accused and the building principal who conducted the initial investigation.