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Sexual Harassment POLICY AC Procedures. Human Resources 2013-2014. Definition of Sexual Harassment.
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Sexual HarassmentPOLICY AC Procedures Human Resources 2013-2014
Definition of Sexual Harassment • “Unwanted sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when submission to such conduct is made a condition of employment or when such conduct creates an intimidating, hostile or offensive environment.” EEOC
Laws Provide Protection Against Sexual Harassment, Discrimination, Retaliation
Two Types of Sexual Harassment • Quid pro quo – “this for that” • Hostile work environment or learning environment
Key Word – Unwelcome UNWELCOME is not a matter of intent; it is a matter of the victim’s perspective.
Examples of Sexual Harassment Identified in Court • Sexual jokes and cartoons. Broderick v Ruder (1988) • Love letters and repeated requests for a date. Ellison v. Brady (1991) • Sexual remarks, insults or innuendoes. Jew v Univ. of Iowa (1990) • Attempted kissing. Carrero v NYC Housing Authority (1989) • Nude or suggestive pictures or posters. Hall v Bus Construction Company (1988)
Acts of Harassment in Schools • Sexual comments, gestures, jokes, or looks • Being touched, grabbed, or pinched in a sexual way • Flashing or mooning • Spreading sexual rumors • Being shown or given sexual messages, pictures, or notes
What If Someone Reports Harassment? • All persons must report incidents that might constitute discrimination, harassment, or retaliation directly to the compliance officer: Director of Human Resources • All district employees will instruct all employees seeking to make a grievance to communicate directly with the compliance officer.
Reports Continued… • The supervisor must report the alleged harassment to the District Compliance Officer without screening or investigating the report. • The supervisor may request a written statement from the individual but it is not required.
Reports Continued… • If the report is given verbally, the principal must reduce it to written form within 24 hours and forward to the Compliance Officer.
Reports Continued … • Failure to forward a harassment report or complaint can result in disciplinary action.
Procedure Recap • Complaint Received • Verbal – ask person to submit a written complaint to the Compliance Officer • Supervisor completes written report • Written – forward to Compliance Officer
Important Note • A grievance is not needed for the district to take action. An investigation will be conducted.
Student-on-Student • Administrators can immediately discipline students for prohibited behavior in accordance with the district’s discipline policy.
Student-on-Student • Any incident that extends beyond everyday disciplinary matters should be directed to the Director of Instructional Services who will consult the Compliance Officer.
Student-on-Student • Grievance: Direct the Parent/Guardian and Student to the Director of Instructional Services or Compliance Officer.
Communication is Key • Upon first learning of potential work place discrimination/harassment or receiving a grievance, notify Compliance Officer immediately.