SEXUAL HARASSMENT OF EMPLOYEES

            Sexual harassment of employees is a form of discrimination and is a violation of Title VII of the Civil Rights Act of 1964 in that it constitutes differential treatment on the basis of sex.  The Board of Education is committed to safeguarding the right of all employees within the school district to a work environment that is free from all forms of sexual harassment.  The Board reaffirms its commitment to enforce the requirements of the law with respect to sexual harassment.

            Therefore, the Board condemns all unwelcome behavior of a sexual nature which is either designed to directly extort sexual favors from an employee as a term or condition of employment, or which has the purpose or effect of creating an intimidating, hostile, or offensive working environment.  The Board also strongly opposes any retaliatory behavior against complainants or any witnesses.

            Sexual harassment does not refer to occasional compliments or behavior of a socially acceptable nature.  Sexual harassment, in general, is behavior or conduct that has sexual overtones, that is unwelcome, that is personally offensive to the recipient, and fails to respect the rights of others.  Sexual harassment does not only depend upon the intention of the offender, but also upon how the victim perceives the behavior or is affected by it.  The Board recognizes that sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from peers as well as supervisors.  Sexual harassment may take several forms.  Forms of harassment may include, but are not limited to:

1.         verbal: sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, threats, sexual favors, questions about a person’s sexual practices, sexually explicit jokes, lewd comments or sexual insults;

2.         non-verbal: sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures or crude cartoons; or

3.         physical: unwanted physical contact including, but not limited to, touching, pinching, brushing against another’s body, coerced sexual intercourse, assault, cornering, kissing or fondling.

            Any employee who believes that he or she has been subjected to sexual harassment should report the alleged misconduct immediately pursuant to Regulation 9110.2-R, so that appropriate corrective action, up to and including discharge of the offender, may be taken at once. In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct, will ensure that an investigation is promptly commenced by appropriate individuals.

            Given the nature of this type of discrimination and the serious ramifications that may result from a complaint, the Board recognizes that false accusations of sexual harassment may have serious effects on innocent people. Any such false accusation will be dealt with severely.

            The Superintendent is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual harassment. Such procedures are to be consistent with any applicable provisions contained in the district’s collective bargaining agreements and the tenure laws.