RESPONDING TO REPORTS OF SEXUAL HARASSMENT THOMPSON SCHOOL DISTRICT

AMERICAN ASSOCIATION OF UNIVERSITY WOMEN RESEARCH Students were asked... During your whole school life, how often, if at all, has anyone (this includes students, teachers, school employees, or anyone else) done the following things to you when you did not want them to? Made sexual comments, jokes, gestures, or looks. Showed, gave, or left you sexual pictures, photographs, illustrations, messages, or notes. Wrote sexual messages/graffiti about you on bathroom walls, in locker rooms, etc. Spread sexual rumors about you Said you were gay or lesbian

AMERICAN ASSOCIATION OF UNIVERSITY WOMEN RESEARCH  Students were asked Spied on you as you dressed or showered at school. 2. Flashed or “mooned” you. 3. Touched, grabbed, or pinched you in a sexual way. 4. Pulled at your clothing in a sexual way. 5. Intentionally brushed against you in a sexual way. 6. Pulled your clothing off or down. 7. Blocked your way or cornered you in a sexual way. 8. Forced you to kiss him/her. 9. Forced you to do something sexual other than kissing.

4 out of 5 students had experienced one of these things  1 out of 4 did not want to go to school or talk in class  50% of students felt embarrassed or less confident.  30% were afraid or scared  25% doubted they could have a happy romantic relationship as an adult

New AAUW Report Finds There has been a sea change in awareness of school policies about harassment since Seven in 10 students (69%) say that their school has a policy on sexual harassment, compared to only 26% of students in Nearly all students (96%) say they know what harassment is, and boys’ and girls’ definitions do not differ substantially. Substantial numbers of students fear being sexually harassed or hurt in school.

New AAUW Report Finds: 83% of girls and 79% of boys report having ever experienced harassment. 76% of students have experienced nonphysical harassment while 58% have experienced physical harassment. Actions hurt but so do words. Although large groups of both boys and girls report experiencing harassment, girls are more likely to report being negatively affected by it.

New AAUW Report Finds According to the new report, harassment has many facets: Peer-on-peer harassment is most common for both boys and girls Boys are more likely than girls to report nonphysical harassment in locker rooms Half of boys reporting harassment have been nonphysically harassed by a girl or woman Over one-third (35%) of students who have been harassed report that they first experienced it in elementary school Most harassment occurs under teachers’ noses Students are perpetrators, too.

SEXUAL HARASSMENT DEFINED The definition of sexual harassment in the educational setting is derived from the definition of harassment used by the EEOC in employment cases. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other sex-based verbal or physical conduct where  Submission to such conduct is explicitly or implicitly made a term or condition of an individual’s education;  Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s educational benefits; or  Such conduct has the purpose or effect of unreasonably interfering with an individual’s education by creating an intimidating, hostile, or offensive educational environment.

Sexual Harassment Examples: Direct or indirect threats or bribes for unwanted sexual activity Sexual innuendos and comments Asking or commenting about a person’s sexual activities Humor or jokes about sex or females/males in general Making sexually suggestive remarks, gestures, or jokes, or remarks of a sexual nature regarding the student’s appearance Pestering a person for dates or sexual behavior

Sexual Harassment Examples Cont. Sexual touching, pinching, brushing, or patting Displaying offensive sexual illustrations in the school Graffiti about a person’s sexuality Spreading rumors about a person’s sexuality Name calling such as bitch, whore or slut

Sexual Harassment Examples Cont. Insulting and belittling a person – sexual ridicule Letters, notes, telephone calls, or materials of a sexual nature Stalking a person either inside or outside the institution Attempted or actual sexual assault Exposure of intimate parts

Policy GBAA Sexual Harassment  The Board of Education believes that every employee has the right to work in an environment free of sexual harassment. Sexual harassment is barred by Title VII of the Civil Rights Act of The Equal Employment Opportunity Commission (EEOC) recognizes two distinct forms of harassment, quid pro quo and hostile environment. “Quid pro quo” harassment means demands for sexual favors in exchange for job benefits. “Hostile environment” includes sexual conduct which has the purpose or effect of unreasonably interfering with an individuals’ work performance or which creates an intimidating hostile or offensive work environment.

Policy GBAA Sexual Harassment PREVENTION No employee will solicit sexual favors from another employee, make suggestive sexual remarks or gestures, nor conduct himself/herself in such a way that could be sexually offensive to another employee. Supervisors will not use promotions, wage increases or job continuation to solicit or receive sexual favors from a subordinate. The District will require and provide training in the area of sexual harassment so that all employees understand the risk of personal liability and responsibility as a result of sexual harassment. Supervisors will be instructed in the methods of investigating complaints.

Policy GBAA Sexual Harassment REPORTING An employee must contact an administrator or supervisor if he/she believes that he/she is being subjected to any form of sexual harassment by any employee or if he/she thinks his/her supervisor is giving promotions, wage increases or job favors based on a sexual relationship. Any administrator or supervisor is required to report to the Director of Human Resources reported or suspected sexual harassment incidents regardless of the department in which such activity is taking place.

Policy GBAA Sexual Harassment INVESTIGATION All complaints of sexual harassment will be taken seriously, investigated promptly and treated confidentially. The administrator or supervisor investigating will be sensitive to the perspective of the individual filing the complaint. The results of the investigation will be documented and communicated to the employee who has filed the complaint.

Policy GBAA Sexual Harassment ACTION No retaliatory action will be taken against an employee who files a complaint. Any employee whose conduct is considered to be in violation of this policy will face disciplinary action which may include termination of employment. Any administrator or supervisor who fails to follow this policy will face disciplinary action, which may include termination. Adopted November 4, 1992 Legal Ref: Title VII of the Civil Rights Act of 1964

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL The Board recognizes that sexual harassment can interfere with a student’s academic performance and his/her emotional physical well-being. Preventing and remedying sexual harassment in schools is essential to insure a nondiscriminatory, safe environment in which students can learn. In addition, sexual harassment is a form of sex discrimination and thus a violation of the laws which prohibit sex discrimination.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL District’s Commitment The district is committed to maintaining a learning environment that is free from sexual harassment. It is a violation of policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature, or to retaliate against anyone who reports sexual harassment or participates in a harassment investigation.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL For a single incident to be considered harassment, it must be severe (interferes with a student’s academic performance or emotional well-being). Acts of verbal or physical aggression, intimidation or hostility based on sex, but not involving conduct of a sexual nature, may also constitute sexual harassment.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL Reporting Sexual Harassment Sexual harassment cannot be investigated or corrected unless the district is made aware of it. Therefore, students who cannot resolve incidents that they believe to be sexual harassment through informal communication with the other person(s) involved should inform a teacher, counselor or principal in their school building. If this person is unable to resolve the matter, the student should file a written complaint. All such student reports, or indications of student sexual harassment reported by district employees or third parties, shall be forwarded to the district Grievance Officer and dealt with according to regulation JBBA-R.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL The Director of Human Resources has been appointed to serve as Grievance Officer for this policy and should be consulted on questions related to its application. If he/she is the alleged harasser, an alternative Grievance Officer will be appointed by the superintendent to investigate the matter Upon receiving a report, the grievance officer shall proceed as set forth in regulation JBB-R, Investigation Sexual Harassment Reports.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL All matters involving sexual harassment reports shall remain confidential to the extent possible as long as doing this does not preclude the district from responding effectively to the harassment or from preventing future harassment. Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the students’ status or affect his/her grades.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL Interim District Action When appropriate, the district shall take measures during the investigation of a harassment report to protect the alleged subject of the harassment from further harassment or retaliation. In cases involving potential criminal conduct, the Grievance Officer shall determine whether appropriate law enforcement officials should be notified.

Policy JBBA SEXUAL HARASSMENT OF A STUDENT BY STUDENTS OR SCHOOL PERSONNEL District Action Following Investigation If the conduct is determined to be sexual harassment, the district shall take all reasonable action to end the sexual harassment, to prevent its recurrence, to prevent retaliation against the student making the report and anyone participating in the investigation, and to restore lost education opportunities to the harassed student. In addition, the harasser shall be disciplined according to any applicable discipline policy.