1. Purpose |
The District, in maintaining a positive learning and working environment, prohibits any form of harassment based on race, color, national origin/ethnicity, sex, age, disability, sexual orientation or religion. This policy covers harassment by and of District employees.
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2. Definitions
3. Prohibition Against Unlawful Harassment |
“Unlawful harassment” shall consist of verbal, written, graphic or physical conduct relating to an individual’s race, color, national origin/ethnicity, sex, 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; and/or,
2. Has the purpose or effect of unreasonably interfering with an individual’s work performance; and/or,
- Otherwise adversely affects an individual’s employment opportunities.
“Sexual harassment” shall consist of unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, gestures of a sexual nature, or display of materials which evoke responses not in keeping with the atmosphere intended for the classroom or the workplace when:
1. Acceptance of such conduct is made, explicitly or implicitly a term or condition of an individual’s continued employment; and/or,
2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual; and/or,
3. Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s job performance or creating an intimidating, hostile or offensive working environment.
The District maintains that all forms of harassment breach the trust that is expected and required in order for members of the educational community to be free to learn and work. The following forms of sexual and/or other unlawful harassment on District property and/or in connection with any District/school-sponsored event are strictly prohibited and shall constitute a violation of this policy:
- sexual and/or other unlawful harassment by District employees of other District employees, District student(s), contracted individual(s), vendor(s), volunteer(s), and other third party(s) in the schools, and
- sexual and/or other unlawful harassment of District employees by other District employees, District student(s), contracted individual(s), vendor(s), volunteer(s), and other third party(s) in the schools.
Employees who believe they have been harassed should promptly report such incidents to their immediate supervisor or, if the complaint involves their supervisor, to either the Superintendent of Schools or the Title IX Coordinator for Employees. |
4. Delegation of
Responsibility |
Any supervisor or administrator who receives a complaint of harassment shall immediately report such complaint to the Superintendent of Schools. Complaints of harassment shall be investigated promptly by the Superintendent or his/her designee. Confidentiality of all parties shall be maintained, to the extent possible, consistent with the District's legal and investigative obligations. When warranted, appropriate corrective action shall be taken including discipline.
The Administration shall report complaints and/or incidents of harassment to law enforcement officials and the district attorney’s office as required by law.
The Superintendent shall ensure that procedures for resolving complaints involving sexual and/or other unlawful harassment of and by employees are developed and made part of an Administrative Regulation. This policy and the procedures shall be distributed periodically to all employees as applicable and a summary of this policy and accompanying procedures posted in a prominent location in each school building.
There shall be no retaliation against any person who has, in good faith, complained of sexual or other unlawful harassment, reported a grievance, assisted in the reporting of such a grievance, served as a witness or representative of the grievant, rejected sexual advances or harassment by others, or who has otherwise taken any reasonable action to stop sexual harassment or other unlawful harassment. Any individual who believes he or she has been subject to retaliation must report the matter immediately to the Superintendent of Schools and/or the Title IX Coordinator for Employees. |
