Sexual Harassment of Staff Administrative Policy GBAA Updated 07/31/2012 HR

Goals Review the definition of sexual harassment Prevent sexual harassment Review the elements of a sexual harassment situation Review district policy Provide you with a clear understanding of your responsibilities Our discussion today will focus on sexual harassment related to staff

All staff have the right to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.

Academy School District 20 does not discriminate related to sex (gender), sexual orientation or marital status.

We have an affirmative duty to have an environment free of sexual harassment. Academy School District 20 shall be a safe place for staff.

What is Sexual Harassment? Sexual harassment can be a form of sexual discrimination and/or gender discrimination.

What is Sexual Harassment? A behavioral definition… Sexual or sex-based behavior Deliberate May be repeated Not asked for or not welcomed Not returned or not mutually enjoyable May involve an imbalance of power

Forms of Harassment Verbal Non-Verbal Physical

Verbal Sharing about sex life Asking about sex life Comments about body Sexually-oriented kidding Jokes Suggesting or demanding sexual involvement Negative or offensive comments about another employees gender Obscene or lewd comments

Non-Verbal Drawings Gestures Cartoons Posters Letters

Physical Touching Patting Pinching Hitting Brushing up against Fondling

Shades of Gray Light Gray Medium Gray Dark Gray

Shades of Gray Light Gray Sexual Jokes Flirtatious Comments Medium Gray Obscene Comments Repeated Most People Would Agree Inappropriate Dark Gray Forced Fondling Persistent Serious Sexual Slurs

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Laws Title VII of the Civil Rights Act of 1964: Discrimination is illegal in employment; gender was added as a category Title IX of the Education Amendments, 1972 Sexual harassment is illegal in education Equal Employment Opportunity Guidelines, 1980 Sexual harassment is a form of sexual discrimination

Title IX No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance…

Two Categories Quid Pro Quo Hostile Environment

Quid Pro Quo Harassment You do this for me... Ill do that for you. The victim perceives that the harasser is in a position of power.

Hostile Environment Harassment Acts of a sexual nature that are sufficiently severe or pervasive to interfere with the working or learning environment.

Levels of Harassing Behavior Sexual jokes Flirtatious comments Obscene comments Repeated comments of a sexual nature most people would agree inappropriate Forced fondling Persistent Serious sexual slurs

Legal Definition Sexual harassment is... Unwelcomed sexual advances and/or requests for sexual favors or other verbal or physical conduct of a sexual nature when:

Legal Definition Submission to or rejection of such conduct affects a persons employment, advancement or educational development. Submission to or rejection of such conduct by an individual is used as the basis for employment, advancement, demotion or educational decisions affecting an individual. Such conduct has the purpose or effect of unreasonably interfering with an individuals work or educational performance or of creating a severe and pervasive intimidating, hostile, or offensive working or educational environment.

An intimidating, hostile or offensive environment created by acts of a sexual nature can arise in various locations, including offices, classrooms, school hallways, playgrounds, district bus routes or at school activities in district or out of district.

Sexual harassment may result from words or conduct of a sexual nature communicated in a manner that would be reasonably considered to offend stigmatize or demean a person against whom the harassment is directed.

Sexual harassment will be treated as serious misconduct and will be dealt with firmly.

A staff member may report complaints of alleged sexual harassment to his/her immediate supervisor or if the employee believes that the immediate supervisor is the source of the discrimination or harassment, he or she may report instead to the Assistant Superintendent for Human Resources. The procedure and the complaint form are found in Administrative Procedure GBK-R.

No staff member shall be subject to adverse action in retaliation for any good faith report of sexual harassment.

Respect for Each Other Certainly, there are times when there are misunderstandings among employees. Respect for Each Other means that the person who perceives behavior to be offensive will tell the other person the behavior is offensive.

Respect for Each Other If every employee displays respect for the dignity of others in the work place, most problems are avoided. Treat others as you want to be treated. Treat others as you want your loved ones to be treated.

Prevent Sexual Harassment… How? Inform you all about sexual harassment clearly, directly and seriously. Inform you that sexual harassment will be treated as serious and illegal misconduct and will be dealt with firmly. Deal with problems promptly. Make sure you all know the policy.