Preventing Sexual Harassment

1. Preventing Sexual Harassment Secondary Alternative ProgramsSalem-Keizer Public Schools August 2005

2. Introduction Primarily a problem in the work setting, sexual harassment may take place anywhere, anytime.

3. Introduction • Sexual harassment has noplace in one’s employment situation. • Salem-Keizer School District recognizes the existence of sexual harassment in our society and its possible existence in the school district.

4. DefiningSexualHarassment

5. Defining Sexual Harassment Title VII of the Civil rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex or national origin The courts have interpreteddiscrimination based on sexincludes sexual harassment It consists of unwanted behavior that can be verbal, non-verbal or physical.

6. Defining Sexual Harassment Generally speaking, sexual harassment is unwanted behavior that can be verbal, non-verbal or physical. Unwelcome sexual advances, Requests for sexual favors Other verbal or physical conduct of a sexual nature.

7. Defining Sexual Harassment Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when: It is part of an employer’s or supervisor’sdecision to hire or fire.

8. Defining Sexual Harassment Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when: It is used to make other employment decisions such aspay, promotion, orjob assignment.

9. DefiningSexual Harassment Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when: Itinterfereswith your work performance.

10. Defining Sexual Harassment Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when: It creates anintimidating, hostileor offensivework environment.

11. Responsibility

12. Responsibility As in all other cases of inappropriate behavior,each employeeis responsible for his / her own actions.

13. Responsibility Each employee must take the responsibility toreport all actsof inappropriate behavior to his/her immediate supervisorwhether or not the act involves himself / herself.

14. Responsibility Sexual harassment and other misconduct will not be eliminated until this responsibility is taken seriously by all.

15. Your Rights & Sexual Harassment

16. Your Rights Under Title VII of the Civil Rights Act We have the right to protection from …unwelcome comments, gestures, visuals, or physical contacts of sexualnature… in the workplaceby co-workers,clients and customers of the employer.

17. Your Rights Under Title VII of the Civil Rights Act We have theright to file a complaintof sexual harassment or testify against an employer or supervisor or co-worker in a sexual harassment casewithout fear of punishment, intimidation, discipline or retaliation.

18. Job Detriment (Quid-pro-quo)Sexual Harassment Explicitly or implicitly, sexual activity is a …term or condition of employment, …or sex is used as a basis for employment decisions affecting the victim.

19. Hostile or Offensive Environment Sexual Harassment Behavior of a sexual nature that… …unreasonably interfereswith the victim’s work performance or … creates a pervasively offensive work environment. … is repeatedandoffensive.

20. Hostile or Offensive Environment Sexual Harassment • More than isolatedflirtation, incidents or epithets • Example: Someone calls you degrading names or belittles your abilities   • Judged by “reasonable person” standard • Employers and supervisorswho knew or should have known and didn’t actcan be liable

21. IF YOU ARE THE VICTIM: • Recognize the harassment. Talk with the person harassing you, tell them to stop. • Report if it continues to someone who can do something about it (your supervisor, any supervisor, the District’s Affirmative Action Officer, or a State or Federal agency). • Furnish the facts: what was said, who was involved, witnesses, dates, where and when.

22. Why is it important to report sexual harassment? • It is the only way we will ever be able to eliminate the problem. • It is the policy of the Salem Keizer School District. • It is the law.

23. Can a third party bring a complaint of sexual harassment? • Yes, complaint of sexual harassment can based on the “hostile environment” definition. • If a reasonable person would find the display, remarks or behavior to be creating an offensive work environment, a sexual harassment complaint may be filed by any employee.

24. IF YOU ARE A POTENTIAL HARASSER OR ACCUSED: Take it seriously! The courts hold that the determination of a sexually offensive work environment is based on the perception of the victim, not the intentions of the offender.

25. Where’s the Line? • The line is drawn by the employee who is offended. • That person has some responsibility to let you know the remarks are offensive – unless any “reasonable person” would find the remarks offensive.

26. Where’s the Line? • To be safe, avoid comments on dress and appearance except of the most general kind, (“You sure look bright and cheery today!”). • If you feelan impulse to tell the person how beautiful her blue eyes are, or how handsome his rugged jaw is- back off! You’re over the line.

27. IF YOU ARE A POTENTIAL HARASSER OR ACCUSED: • If you feel you've been falsely accused of sexual harassment, cooperate fully with the investigation. • You also have the right to retain counsel. • If you have questions about what is appropriate workplace behavior, you may contact your supervisor for guidance.

28. What do you think? • What are some situations within the School District where harassment might occur? • What are some situations within the School District where harassment might occur? • Humor is a way that people can put down or make fun of others who are different. In the workplace, what are some topics of humor that are “appropriate”? • What are some topics of humor that are “inappropriate” in the workplace

29. Students & SexualHarassment

30. Student to Student Sexual Harassment Sexual harassment is defined as repeated unwelcome and unwanted comments, gestures, visuals or behavior of a sexual nature.

31. Student to Student Sexual Harassment Sexual harassment of students is prohibited by both federal law(Title IX of the Education Amendments of 1972)and state law(ORS 659.150) which prohibit discrimination based on sex in public schools.

32. Student to Student Sexual Harassment Simply stated, sexual harassment is unwelcome sexual overtures that interfere with a student’s education.

33. Student to Student Sexual Harassment • Sexual harassment can occur between staff members, between staff and students, or between students, and it can be directed toward individuals of the same or opposite sex. • Intent is not a prerequisite to a finding of sexual harassment.

34. Student to Student Sexual Harassment Sexual harassment is in the “eye of the beholder.” In many cases, harassers think they are being funny or engaging in harmless teasing. The “test” is how the actions are perceived by the person receiving the harassment.

35. Types of Student to Student Sexual Harassment 1. Quid pro quo: this for that 2. Hostile environment: an intimidating, hostile, or offensive learning environment

36. Examples of student to student sexual harassment: • Sexual comments, gestures, jokes or looks • Being touched, grabbed, or pinched in a sexual way • Clothing pulled at, off, or down in a sexual way • Being called gay or lesbian • Sexual messages or pictures left or given • Having sexual rumors spread about them

37. Causes of student to student sexual harassment: • Poor modeling from others in their family or community • Lack of awareness and information • Social skill deficits • Inadequate skills for coping with frustration and anger • Deficits in the personhood qualities of empathy and respect

38. District Policy:Students & Sexual Harassment • Conduct that would create an intimidating, hostile or offensive environment is not tolerated. • School personnel have an obligation to investigate sexual harassment and a duty to make it stop.

39. District Policy:Students & Sexual Harassment • Take reports of sexual harassment seriously and take appropriate action as identified in the Student Rights and Responsibilities Handbook. • If sexual harassment constitutes sexual abuse, immediately make an oral report to legal authorities. Document whatever actions you have taken.

40. The most important thing … … to remember in order to stop all forms of harassment… … treat family, friends and strangers with RESPECT.

41. Reporting Child Abuse& Neglect

42. Why do I need this information? • Mandatory reporters are those people required by law to report child abuse. • By law, School District employees are mandatory reporters, 24/7. • You should report any reasonablesuspicion of abuse. • You do not have to prove it. • If you suspect a child has been abused, phone your local DHS office to discuss your concerns with a CPS-trained caseworker.

43. As a mandatory reporter … … if you suspect a child is being or has been abused or is being neglected … … you must tell either … • Department of Human Services or • Law enforcement agency(city or state police, sheriff, or county juvenile). Telling only your supervisor does not fulfill your legal obligation.

44. When does confidentiality override the need to report? • As a mandatory reporter, your obligation to make a report applies regardless of whether or not your knowledge of the abuse was gained in your official capacity. (Exemption for privileged communication applies only to Psychiatrists, Psychologists, Clergy, and Attorneys.)

45. What do I look for? • Physical abuse (such as bruises, welts or burns) • Neglect (consistent hunger, poor hygiene, inappropriate dress) • Mental injury or emotional maltreatment. (failure to grow, speech or sleep disorders, forced to dress in “opposite sex” clothing.) • Sexual abuse(withdrawal, poor peer relationships, delinquent or run away, fear of a person or intense dislike at being left alone with someone.)

46. Reporting Guidelines • Most reports are made by phone. • According to ORS 419B.015, “a person making a report of child abuse shall make an oral report by telephone to the local office of DHS child welfare or to a law enforcement agency within the county where the person making the report is at the time of the contact.” • Sometimes you may be asked for additional written material.

47. Reporting Guidelines Be prepared to report the following: • Names of the child and parent • Addresses of the child and parent • Child’s age • Type and extent of abuse • Any previous evidence of abuse • Explanation for abuse • Information to help establish the cause of abuse or identify the abuser.

48. How do I make a report? You could complete … • … the District reporting form and fax it to one of the law enforcement agencies listed on the form. • … the District reporting form and provide it to your School Resource Officer..

49. How do I make a report? You could complete … • … the District reporting form and contact the State Department of Human Services. Marion County office 503-378-6704. • … the District reporting form and share it with your building administrator or supervisor. Together contact authorities using methods 1, 2, or 3.

50. How do I make a report? • Keep a copy of the District reporting form for your files and provide a copy to your building administrator or supervisor • Reporting to your building administrator or supervisor is not enough… … be sure law enforcement or DHS is notified.