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Purpose
The Board strives to provide a safe, positive working climate
for its employees in the school district. Therefore, it shall be the
policy of the district to maintain an employment environment in which
harassment in any form is not tolerated.
Authority
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.
Confidentially 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.
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:
- 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.
- Has the purpose or effect of substantially or unreasonably interfering
with an individual’s work performance.
- Otherwise adversely affects an individual’s employment opportunities.
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:
- Submission to such conduct is made explicitly or implicitly a
term or condition of a individuals continued employment.
- Submission to or rejection of such conduct is the basis for employment
decisions affecting the individual.
- 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 work 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.
Delegation of Responsibility
In order to maintain a work environment that discourages and prohibits
unlawful harassment, the Board designates the Director of Human Resources
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,
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.
The building principal or designee shall be responsible to complete
the following duties when receiving a complaint of unlawful harassment:
- Inform the employee or third party of the right to file a complaint
and the complaint procedure.
- Notify the complainant and the accused of the progress at appropriate
stages of the procedure.
- Refer the complainant to the Compliance Officer if the building
principal is the subject of the complaint.
Guidelines
Complaint Procedure-Employee/Third Party
Step 1—Reporting
An employee or third party who believes she/he has been subject to
conduct that constitutes a violation of this policy is encouraged
to immediately report the incident to the principal/supervisor.
If the principal/supervisor 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 principal/supervisor, but oral complaints shall be acceptable.
Step 2 –Investigation
Upon receiving a complaint of unlawful harassment, the principal /supervisor
shall immediately notify the Compliance Officer. The Compliance Officer
shall authorize the principal/supervisor to investigate the complaint,
unless the principal/supervisor 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.
Step 3—Investigative Report
The principal/supervisor 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.
Disciplinary actions shall be consistent with the 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.
Appeal Procedure
- 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, he or she may submit a written appeal to the Compliance
Officer within fifteen (15) days.
- The Compliance Officer shall review the investigations and the
investigative report and may also conduct a reasonable investigation.
- 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 principal/supervisor
who conducted the initial investigation.
- If the Compliance Officer conducted the initial investigation,
the appeal should be submitted to the Superintendent or designee.
Click
here for Form for Complaints of Unlawful Harasment
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