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Hamilton ISD Training 2012-2013. Sexual Harassment and Discrimination, Sexual Abuse of a Child, Teen Dating Violence, Infectious Disease Control, and Integrated Pest Management. Sexual Harassment and Discrimination. Hmmm!. Example. Discrimination Defined
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Hamilton ISD Training2012-2013 Sexual Harassment and Discrimination, Sexual Abuse of a Child, Teen Dating Violence, Infectious Disease Control, and Integrated Pest Management
Sexual Harassment and Discrimination Hmmm! Example
Discrimination Defined • Any conduct directed at a student on the basis of race, color, religion, gender, national origin or any other basis prohibited by law, that negatively affects the student. • Allegations will be promptly investigated by district officials. Parents will be notified of investigation and corrective disciplinary actions will be take as appropriate and in accordance to district policy. Sexual Harassment Defined • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: • Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or academic advancement; • Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual’s employment or academic advancement; • Such conduct has the purpose or effect of unreasonably interfering with a person’s work or academic performance or creating an intimidating, hostile or offensive work, learning or social environment. • The first two conditions are called “quid pro quo” and the third is known as “hostile environment
Quid Pro Quo A quid pro quo is when an individual in a position of authority offers a subordinate a benefit in exchange for a sexual favor. Example: • A teacher may offer a student a better grade or a particular position on an athletic team in exchange for a kiss. • A supervisor my offer an employee a higher evaluation or a promotion in exchange for accompanying the supervisor to dinner. • Hostile Environment • An environment can be so offensive or hostile as to interfere with a person’s ability to work. • Where the actions are so severe, pervasive and offensive that it deprives the victim of access to educational opportunities or benefits creating a hostile environment. • Hostile Environment is based on whether a “reasonable person” would be offended. • The harasser creating the hostile environment does NOT have to be a person with formal power. • Hostile environment is more prevalent than quid pro quo. • The behavior may be demeaning, intimidating, include physical threats, or verbal abuse. • Can occur off campus grounds, e.g. school sporting event, on the bus. • A female’s failure to object to certain sexual behavior has not been viewed by the courts as a solid defense. • The behavior can occur once or many times. • The behavior is sexual or gender-related. • The behavior is related to power.
Hostile Environment Student Peer Harassment • Power differentials with students • Acceptance by certain friendship groups • Maintaining one’s reputation • Student being harassed thinks the problem will go away • Adult observers may tend to view situations as normal instances of young males and females learning to see themselves as sexual beings • Behaviors may not be viewed as sexual harassment • Behavioral Definition of Sexual Harassment – Common sense, Everyday view • The behavior is unwanted or unwelcome • The behavior is sexual or related to the sex or gender of the person • The behavior occurs in the context of a relationship where one person has more formal or informal power than the others • Sexual Harassment can be verbal, non-verbal, or physical.
When does Liability Attach for Employee and Student Sexual Harassment • A school district or individual administrator may be liable for the sexual harassment of an employee when the administrator knew or should have known of the harassment and failed to take prompt remedial action. • A district or individual administrator will face liability when the administrator acts with Deliberate Indifference. • Deliberate Indifference: • Learned of facts or a pattern of behavior which points plainly toward the conclusion that the student is being abused; • Fails to take action which is obviously necessary to prevent or stop the abuse; • Which results in a constitutional injury to the student.
Sexual Abuse of a Child is defined in the Texas Family Code as, any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as a failure to make a reasonable effort to prevent sexual conduct with a child. HB 1041 • Reporting Requirements • Anyone who suspects that a child has been abused has a legal responsibility, under state law to report abuse within 48 hours (failure to report could lead to criminal liability). There are no allowances for the weekend. • Reporting abuse cannot lead to personal liability as long as it is/was in good faith. • A professional may not delegate or rely on another to make the report. • Must be reported to Child Protective Services and or Law Enforcement.
• A child who has experienced sexual abuse should be encouraged to seek out a trusted adult. Be aware as a parent or other trusted adult that disclosures of sexual abuse may be more indirect than disclosures of physical abuse, and it is important to be calm and comforting if your child, or another child, confides in you. Reassure the child that he or she did the right thing by telling you. • If you permit your child to be in a situation where he or she may be injured, then you may be prosecuted for child abuse. The fact that the abuser is a parent or other family member does not remove your obligation to protect the child. If you are frightened for your own safety or that of your child, call 911. • You are legally responsible for the care of your child. You must provide your child with safe and adequate food, clothing, shelter, protection, medical care and supervision, or else you must arrange for someone else to provide these things. Failure to do so may be considered neglect. • Texas Abuse Hotline, 1-800-252-5400 • Call 911 for emergency situations • http://www.txabusehotline.org
There are four major types of child maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse Physical Abuse is physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child. The physical injury (ranging from minor bruises to severe fractures or death) can result from punching, beating, shaking, kicking, biting, throwing, stabbing, hitting, burning, choking, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.Suspect Physical Abuse When You See: • Frequent injuries such as bruises, cuts, black eyes, or burns without adequate explanations • Frequent complaints of pain without obvious injury • Burns or bruises in unusual patterns that may indicate the use of an instrument or human bite; cigarette burns on any part of the body • Lack of reaction to pain • Aggressive, disruptive, and destructive behavior • Fear of going home or seeing parents • Injuries that appear after a child has not been seen for several days • Unreasonable clothing that may hide injuries to arms or legs
Neglect is failure to provide for a child’s basic needs necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services have been offered and refused. Suspect Neglect When You See: • Obvious malnourishment • Lack of personal cleanliness • Torn or dirty clothing • Stealing or begging for food • Child unattended for long periods of time • Need for glasses, dental care, or other medical attention • Frequent tardiness or absence from school Sexual Abuse includes fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or producing pornographic materials. Suspect Sexual Abuse When You See: • Physical signs of sexually transmitted diseases • Evidence of injury to the genital area • Pregnancy in a young girl • Difficulty in sitting or walking • Extreme fear of being alone with adults of a certain sex • Sexual comments, behaviors or play • Knowledge of sexual relations beyond what is expected for a child’s age • Sexual victimization of other children
Emotional Abuse is mental or emotional injury that results in an observable and material impairment in a child’s growth, development, or psychological functioning. It includes extreme forms of punishment such as confining a child in a dark closet, habitual scapegoating, belittling, and rejecting treatment for a child. Suspect Emotional Abuse When You See: • Over compliance • Low self-esteem • Severe depression, anxiety, or aggression • Difficulty making friends or doing things with other children • Lagging in physical, emotional, and intellectual development • Caregiver who belittles the child, withholds love, and seems unconcerned about the child’s problems Signs More Typical in Adolescents ♦ Self-injury (cutting, burning) ♦ Inadequate personal hygiene ♦ Drug and alcohol abuse ♦ Sexual promiscuity ♦ Running away from home ♦ Depression, anxiety ♦ Suicide attempts ♦ Fear of intimacy or closeness ♦ Compulsive eating or dieting
Texas Abuse Hotline, 1-800-252-5400 Call 911 for emergency situations http://www.txabusehotline.org Sexual Assault Legal Hotline: 1-888-296-SAFE (Statewide) Family Violence Legal Line: 1-800-374-HOPE (Statewide) Stop It Now! provides a national helpline for supportive guidance, information, and resources. The Helpline is staffed by professionals who can provide assistance in how to deal with suspected child abuse situations. Additional resources are available on their website. Helpline 1-888-PREVENT
Dating Violence (Texas Family Code 71.0021) • An act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
1 in 11 adolescents reports being a victim of physical dating abuse (CDC 2006) • 1 in 5 female high school students report being physically and/or sexually abused by a dating partner (J.E. Hathaway, L. A. Mucci, A.Raj, & J.G. Silverman, 2001). • Acceptance of dating abuse among friends is one of the strongest links to future involvement in dating abuse (Bergman, 1992; Arriaga & Foshee, 2004). • 75% report having experienced dating violence or knowing someone who has • 1 in 2 Texas teens reported having experienced dating violence personally • 60% of Texas females surveyed experienced dating violence • verbal abuse • physical violence • sexual violence
House Bill 121 • The Texas Legislature has passed, and Governor Perry has signed, an act requiring each school district in Texas to adopt and implement a dating violence policy. • Each school district’s dating violence policy must: • include a definition of dating violence • address safety planning • include enforcement of protective orders • include school-based alternatives to protective orders • address training for teachers and administrators • address counseling for affected students • include awareness education for students and parents. Teen Dating Violence is defined as the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship, as defined by section 71.0021, Texas Family Code. Teen Dating violence is a pattern of coercive behavior that one partner exerts over the other for the purpose of establishing and maintaining power and control.
Compliance Address Safety Planning • A Safety Plan is a tool used to assess risk and identify actions to increase safety for victims • Includes important telephone numbers including law enforcement, helpline, community organizations, etc. • Identifies supportive peers and adults at home and school • Outlines specific strategies for avoiding the abuser, and getting help when needed Enforcement of Protective Orders • Obtain copy of protective order • Communicate information to appropriate school staff to ensure enforcement of order at school • Meet separately with victim and offender to obtain agreement on terms of protective order and how it will be enforced on campus • Make changes as needed to schedules, classes, lunch times, etc. • Identify supportive adults on campus for both students Contact the Texas Advocacy Project’s Teen Justice Initiative for questions about Protective Orders and Youth Counseling for affected students • Provide school counselors with training, resources, and teen dating violence prevention materials. • Let students know that they can talk to the counselors about dating and relationships. Awareness education for students and parents • Use free resources provided in your toolkit. • Collaborate with your local domestic violence or sexual assault center on available awareness and education programs. • Integrate prevention materials into curriculum and school events. • Develop youth leaders to become role models and peer educators. • Utilize local resources such as domestic violence and sexual assault centers. Effective dating violence prevention engages the whole school community, students, teachers and parents in promoting healthy relationships. Healthy relationships = Safer schools
Infectious Disease Control For more info, see Nurse Cude
Blood Borne Pathogens (BBP’s) • The Occupational Safety and Health Act 1910.1030 mandates training annually for employees regarding BBP standards. OSHA’s goal is to reduce the occupational transmission of infections caused by microorganisms sometimes found in human blood, and in other potentially infectious materials. These pathogens include but are not limited to: HIV, Hepatitis B Virus (HBV), and Hepatitis C Virus (HCV). • Your chance of being exposed to a BBP at school is low. • BBP’s may not cause symptoms for years, sometimes never. • People can look and feel fine and spread the pathogen without knowing they are infected. • You should treat all blood and body fluids as though they are infected material and take steps to protect yourself.
HIV and HBV and HCV HIV • HIV attacks a person’s immune system, eventually destroying his/her ability to fight infection. • A person may carry the HIV virus and live a normal and healthy life for years. • Some people infected with HIV go on to develop AIDS. • Blood tests can diagnose this blood borne disease, but no vaccine or cure has yet been developed. HBV and HCV • Hepatitis B and hepatitis C are both viral infections that affect the liver. • As many as 30% of those infected with HBV may not show signs or symptoms. • As many as 80% of those with HCV may not show signs or symptoms. • An HBV or HCV infection can eventually lead to chronic liver disease, liver cancer or even death. • The Hepatitis B Virus is a greater risk to you at school than either the Hepatitis C virus or HIV. • There is a vaccine available to protect you against HBV. • There is no protective vaccine for HCV; however, newly approved antiviral drugs have been effective in some people who have contracted the infection.
How Bloodborne Diseases Are Spread and Exposure Control Plan How Bloodborne Diseases Are Spread • HIV, HBV, and HCV aren’t as easy to catch as other viruses as they are not air borne, but blood borne. • You cannot get HIV, HBV, or HCV by working near someone who is infected. • You cannot become infected with these viruses through coughing, sneezing, a kiss on the cheek, a hug, or from a drinking fountain or food. • These viruses are transmitted in the same way- through contact with an infected person’s blood, body fluid containing visible blood or through sexual transmission. • In the school environment your chance of becoming infected is very small. • To get through your skin, the virus needs a “doorway” into the body, such as : • * Cuts and scratches *Sharing needles • * Razor nick * Skin abrasions • * Dermatitis * Acne • The other way pathogens can enter your body is through contaminated blood or body fluid that gets in your eyes, nose or mouth. • Dried HBV can survive on surfaces at room temperature for at least a week! Exposure Control Plan • To help protect you every school has an Exposure Control Plan. • It is always available to you • It is required by the Occupational Safety and Health Administration(OSHA) • It lists the potential hazards of each job and explains how to reduce your risk. Standard or universal precautions require that you consider every person a possible carrier of a BBP and treat their blood or body fluids as infected.
Protecting Yourself • Follow these simple precautions to protect yourself while at school. • Send for emergency personnel if necessary • If possible have the person who is bleeding apply pressure to the area while you put on gloves • Always use disposable gloves, never reuse! • Always cover cuts or skin abrasions before putting on gloves • After removing gloves without touching the outside, wash hands with nonabrasive soap and water • If no water is available then a hand sanitizer is acceptable temporarily, until it is possible to wash with soap and running water • If you are bitten, immediately wash the area with soap and water and then seek medical attention • If blood or body fluids get in your eyes, nose or mouth flush with running water ASAP • As soon as possible report the incident to your supervisor so that post exposure treatment can be implemented immediately and be advised about testing etc. • Always call for trained staff to clean up blood or body fluids
Your risk of being exposed to Bloodborne Pathogens at school is relatively low. However, if you do come into contact with blood, or body fluids containing visible blood remember to treat it as if they were infected with bloodborne pathogens. Use disposable gloves, and remove them properly Wash your hands thoroughly with non-abrasive soap and water Be careful when you clean up any blood
Integrated Pest Management (IPM) uses many compatible methods to prevent or manage pests. • Inspection • Monitoring pest populations • Identifying pests; • Determining threshold • Developing a plan • Implementing the plan • Continuing to monitor
Why Use IPM? • To reduce pesticide hazards to people and pets. • To reduce pest damage. • To reduce cost of pest control. • To prevent problems, not just react after they occur. Aren’t Pesticides Dangerous? • All pesticides are potentially dangerous to some form of life. • You should be aware that pesticides also represent a potential risk to groundwater, the environment, wildlife and our health. How Can Risks Be Reduced? • Proper pesticide use involves a combination of knowledge, common sense and ability to follow label directions. In 1991, the Texas legislature amended the Structural Pest Control Act to require public school districts to have integrated pest management programs by license applicators. Schools are required by law to use least toxic methods to control pests including rodents, insects, and weeds.
An IPM Coordinator • Assists in the coordination of pest management personnel. • Ensures that all school employees who perform pest control have the necessary training. • Ensures that all school employees who perform pest control have the necessary personal protective equipment (PPE). • Ensures all school employees who perform pest control have the necessary licenses for the pest management responsibilities. • Maintains a prioritized list of needed structural and landscape improvements. • Maintains pesticide application records and all pesticide labels and Material Safety Data Sheet (MSDS) information • Authorizes and/or reviews least hazardous, effective emergency treatments with the approval of the certified applicator. • Handles requests and inquiries relating to pest problems and maintains records of any pesticide related complaints. • Maintains a copy of the district’s IPM policy. • Maintains pesticide application records and incidental use reports. • Earl Barnes is the certified IPM coordinator for HISD.
SPCB Regulations No pesticide may be applied where students are expected to be present for organized activities within the next twelve (12) hours. Licensed technicians must obtain written approval from the certified applicator to apply pesticide products. All pest control services must be consistent with the school district’s written pest management policy. Section 595.11 of the Structural Pest Control Board Regulations provides standards for public school district IPM programs.
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