Hoover City Schools Preventing Sexual Harassment 2008

Hoover City Schools Policy on Sexual Harassment Prohibited Conduct Employees shall not engage in conduct constituting sexual harassment. Sexual harassment is illegal and will not be tolerated. The Board shall investigate all allegations of sexual harassment and take appropriate action against employees who engage in sexual harassment. Sanctions against employees for violation of this policy may include verbal or written warning, transfer, suspension, or termination of employment. Prohibited Conduct Employees shall not engage in conduct constituting sexual harassment. Sexual harassment is illegal and will not be tolerated. The Board shall investigate all allegations of sexual harassment and take appropriate action against employees who engage in sexual harassment. Sanctions against employees for violation of this policy may include verbal or written warning, transfer, suspension, or termination of employment.

What is Sexual Harassment? Unwelcome or unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when …. Unwelcome or unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when ….

What is Sexual Harassment? The advances, requests, or conduct have the affect of interfering with performance of duties or creating an intimidating, hostile, or otherwise offensive work environment; or The advances, requests, or conduct have the affect of interfering with performance of duties or creating an intimidating, hostile, or otherwise offensive work environment; or

What is Sexual Harassment? Submission to such advances, requests, or conduct is explicitly or implicitly a term or condition of employment; or Submission to such advances, requests, or conduct is explicitly or implicitly a term or condition of employment; or

What is Sexual Harassment? Submission to or rejection of such advances, request, or conduct is used as a basis for employment decisions affecting the employee. Submission to or rejection of such advances, request, or conduct is used as a basis for employment decisions affecting the employee.

Elements of Sexual Harassment The behavior is sexual or related to the gender of the person; The behavior is sexual or related to the gender of the person;

Elements of Sexual Harassment The behavior is unwanted or unwelcome; The behavior is unwanted or unwelcome;

Elements of Sexual Harassment The behavior occurs in the context of a relationship where one person has more formal power than the other. The behavior occurs in the context of a relationship where one person has more formal power than the other.

Forms of Sexual Harassment COVERT  Pictures that are graphic, sexually explicit, degrading or humiliating  Jokes that contain sexual overtones  Insulting sounds, obsene gestures, or suggestive behaviors  Repeatedly emphasizing sexuality or the sexual identity of an individual in comments

Forms of Sexual Harassment OVERT  Social or Sexual encounters or favors are requested  Personnel decisions are based on sexuality or sexual behavior  Physical touching, fondling, pinching, or kissing  Sexual assaults

Types of Sexual Harassment Quid Pro Quo Harassment Quid Pro Quo Harassment **Latin for (something for **Latin for (something for something) something)

Types of Sexual Harassment Hostile Work Environment Hostile Work Environment

Types of Sexual Harassment Inverse Harassment Inverse Harassment

Federal Laws Regarding Sexual Harassment TITLE VII OF THE CIVIL RIGHTS ACT OF 1964: TITLE VII OF THE CIVIL RIGHTS ACT OF 1964:

Title VII of the Civil Rights Act of 1964 Makes it unlawful for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin. Makes it unlawful for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin.

Application of the Law: Sexual Harassment Such conduct has the effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

What constitutes a Hostile Work Environment? Totality of Circumstances: NATURE Jokes Jokes Touching Touching Pornographic Material Pornographic Material Sexually derogatory statements Sexually derogatory statements Non-sexual harassment directed at one sex Non-sexual harassment directed at one sex Propositions Propositions

What constitutes a Hostile Work Environment? Totality of Circumstances: RELATIVE POSITION Administrator Administrator Supervisor Supervisor Co-Worker Co-Worker Subordinate Subordinate Outsider Outsider

What constitutes a Hostile Work Environment? Totality of Circumstances: PERVASIVENESS Openness Openness Frequency Frequency Observation by others Observation by others Persistency Persistency Avoidability of victim Avoidability of victim Number of harassers Number of harassers

What constitutes a Hostile Work Environment? Totality of Circumstances: GOOD FAITH EFFORT OF HOOVER CITY SCHOOLS Clear policy Clear policy Distribution of policy to employees Distribution of policy to employees Training opportunities for employees Training opportunities for employees Consistency of policy enforcement Consistency of policy enforcement Usable grievance procedure Usable grievance procedure

What constitutes a Hostile Work Environment? Totality of Circumstances: GOOD FAITH EFFORT OF HOOVER CITY SCHOOLS (cont.) Speed of action Speed of action Reasonableness of investigation Reasonableness of investigation Punishment of the perpetrator Punishment of the perpetrator Whether harassment continues after action Whether harassment continues after action

What constitutes a Hostile Work Environment? Totality of Circumstances: Extent of participation Extent of participation Criminal or outrageous conduct Criminal or outrageous conduct Injury to victim Injury to victim

What does a Harasser look like? Perpetrators may be high functioning in all other areas of their lives. Perpetrators may be high functioning in all other areas of their lives.

Who Can Be A Perpetrator? Basically, anyone can be the perpetrator. Basically, anyone can be the perpetrator.

Indicators of Sexual Harassment The perpetrator may look for victims by initiating minor violations and boundary invasions. He/she will watch for reactions. The perpetrator may look for victims by initiating minor violations and boundary invasions. He/she will watch for reactions.

Indicators of Sexual Harassment The perpetrator may make subtle invasions of the intended victims boundaries, such as: The perpetrator may make subtle invasions of the intended victims boundaries, such as: Leaning too close. Leaning too close. Incidental but, none the less, inappropriate touching. Incidental but, none the less, inappropriate touching. Strange looks or staring at body parts. Strange looks or staring at body parts. Conversations that are too long and too personal. Conversations that are too long and too personal. Too persistent in asking for attention or a date. Too persistent in asking for attention or a date.

What should I do as a victim? Tell the harasser that you dislike the behavior and expect it to stop. Tell the harasser that you dislike the behavior and expect it to stop. Keep a written record. Keep a written record. Ask friends/colleague to observe the behavior. Ask friends/colleague to observe the behavior. Make sure that administrators and /or supervisors are aware. Make sure that administrators and /or supervisors are aware.

What should I do if there is a legitimate sexual harassment complaint? Notify your immediate supervisor, the Director of Human Resources, or the Superintendent. Notify your immediate supervisor, the Director of Human Resources, or the Superintendent. You have the right to make your report of sexual harassment to a supervisor of the same sex if necessary. You have the right to make your report of sexual harassment to a supervisor of the same sex if necessary. All sexual harassment complaints will be investigated immediately. All sexual harassment complaints will be investigated immediately.

What should I do if there is a legitimate sexual harassment complaint? Employees can expect a response within 45 days. Employees can expect a response within 45 days. No employee shall be subjected to adverse employment action in retaliation for any good faith report of sexual harassment under this policy. All reports of sexual harassment will be kept confidential to the fullest extent possible. No employee shall be subjected to adverse employment action in retaliation for any good faith report of sexual harassment under this policy. All reports of sexual harassment will be kept confidential to the fullest extent possible.

Is this Sexual Harassment? James is Brenda’s Supervisor and they both work during the day shift at ABC Elementary School. James has insisted that Brenda spends her daily breaks talking to him. James usually tells Brenda that he thinks she is beautiful. Brenda does not want to spend all of her break time talking to James but she is afraid that if she doesn’t he will change her work schedule to the night shift. Brenda already has a job working some evenings so this would create quit a conflict. James is Brenda’s Supervisor and they both work during the day shift at ABC Elementary School. James has insisted that Brenda spends her daily breaks talking to him. James usually tells Brenda that he thinks she is beautiful. Brenda does not want to spend all of her break time talking to James but she is afraid that if she doesn’t he will change her work schedule to the night shift. Brenda already has a job working some evenings so this would create quit a conflict.

Is this Sexual Harassment? Jennifer has been receiving s from her co-worker Mark with jokes that contain vulgar language. Jennifer has asked Mark to stop sending her these types of s because it violates the district’s policy and she feels uncomfortable receiving these jokes. Mark has stopped sending the s. Jennifer has been receiving s from her co-worker Mark with jokes that contain vulgar language. Jennifer has asked Mark to stop sending her these types of s because it violates the district’s policy and she feels uncomfortable receiving these jokes. Mark has stopped sending the s.

Is this Sexual Harassment? Earl, Frankie, and Sally are assigned to work the vegetable station in the school’s cafeteria. Earl is very affectionate at work. He hugs both Frankie and Sally repeatedly throughout the work shift. Additionally, he tends to touch Sally in a sexual way that has caused her to become less productive at work. Sally’s supervisor is unaware of this behavior and Sally was given an unsatisfactory rating on her annual evaluation. Earl, Frankie, and Sally are assigned to work the vegetable station in the school’s cafeteria. Earl is very affectionate at work. He hugs both Frankie and Sally repeatedly throughout the work shift. Additionally, he tends to touch Sally in a sexual way that has caused her to become less productive at work. Sally’s supervisor is unaware of this behavior and Sally was given an unsatisfactory rating on her annual evaluation.

Is this Sexual Harassment? Another classroom teacher persistently asks you out (even though you have said “no”), follows you, corners you in your classroom, and refuses to leave you alone. Another classroom teacher persistently asks you out (even though you have said “no”), follows you, corners you in your classroom, and refuses to leave you alone.

If you have questions or comments, please contact: Mary Veal Director of Human Resources