SEXUAL HARASSMENT TRAINING for EMPLOYEES Woodburn School District August, 2009

2 Sexual Harassment Training PURPOSES OF TRAINING 1.Employees will understand what sexual harassment is. 2.Employees will understand how to avoid becoming a perpetrator/violator. (i.e., what not to do) 3.Employees will understand the possible consequences and penalties of violating sexual harassment law and policy.

3 Sexual Harassment Training PURPOSES OF TRAINING 4.Employees will understand how to respond and how to report/file a complaint if subjected to sexual harassment. 5.Employees will understand how to respond to observation or knowledge of sexual harassment of others. (i.e., adult to student, adult to adult, student to student)

4 Sexual Harassment Training LEGAL AUTHORITY 1.Title VII of the Civil Rights Act of 1964 Prohibits private and public employers from discriminating against any employee because of the employee’s race, color, religion, gender or national origin. Sexual harassment is a form of discrimination based on gender. 2.The Civil Rights Act of 1991 Amends Title VII to allow compensatory damages for public employees for acts of supervisors or employees committing sexual harassment of employees.

5 Sexual Harassment Training LEGAL AUTHORITY 3.Title IX of the Educational Amendments of 1972 Prohibits discrimination on the basis of gender of employees or students in institutions receiving federal funds. Sexual harassment is a form of discrimination based on gender. 4.US Constitution – Equal Protection Clause 14 th Amendment Creates institutional liability for intentional sexual harassment of employees or students.

6 Sexual Harassment Training LEGAL AUTHORITY 5.OREGON LAW – ORS makes it a crime to intentionally harass a person. 6. OREGON LAW – ORS makes it an unlawful employment practice to discriminate on the basis of gender. 7.OREGON LAW – ORS prohibits discrimination on the basis of gender in education, and requires school districts to have policies regarding sexual harassment, harassment, intimidation, and bullying.

7 Sexual Harassment Training LEGAL AUTHORITY 8.Woodburn School District Policy GBN/JBB “Sexual harassment is prohibited and shall not be tolerated. This includes sexual harassment of students or staff by other students, staff, Board members or third parties.”

8 Sexual Harassment Training VIOLATORS AND VICTIMS Despite many sexual harassment laws, policies, and legal decisions involving the connection between discrimination and gender, it is clear that sexual harassment can occur as follows with a violator and victim of any gender, age, or position. MALE TO FEMALE FEMALE TO MALE MALE TO MALE FEMALE TO FEMALE

9 Sexual Harassment Training DEFINITION The legal definition of sexual harassment is not in one specific place in the law. It is continually evolving through legislative and agency rules as well as judicial case law. Following is a fairly comprehensive definition at this time:

10 Sexual Harassment Training DEFINITION Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1.Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, and/or

11 Sexual Harassment Training DEFINITION 2.Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual, and/or 3.Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or education, or creating an intimidating, hostile, or offensive working or learning environment.

12 Sexual Harassment Training DISTRICT POLICY DEFINITION District Policy Definition (GBN/JBB) “Sexual harassment of students and staff shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature when:

13 Sexual Harassment Training DISTRICT POLICY DEFINITION 1.The conduct or communication has the purpose or effect of demanding sexual favors in exchange for benefits; 2.Submission to or rejection of the conduct or communication is used as the basis for educational decisions affecting a student or employment or assignment of staff;

14 Sexual Harassment Training DISTRICT POLICY DEFINITION 3.The conduct or communication is so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with a student’s educational performance or with an employee’s ability to perform his/her job; or creates an intimidating, offensive or hostile educational or working environment.”

15 Sexual Harassment Training TWO DISTINCT FORMS EMERGE 1. QUID PRO QUO “You do something for me and I’ll do something for you.” Submission or rejection of the conduct is used to affect or determine decisions regarding employees employment or students education.

16 Sexual Harassment Training TWO DISTINCT FORMS EMERGE 2.HOSTILE ENVIRONMENT  The most prevalent form.  Generally involves a course of conduct rather than a single incident.  Must be severe or pervasive.  “Reasonable person” standard.

17 Sexual Harassment Training BASIC PRINCIPLES  Sexual conduct on the job or in school must have three characteristics to be considered illegal: 1. Unwanted. 2. Causes harm. (physical/mental/emotional) 3. Generally repeated/pattern.* *can depend on severity of specific conduct

18 Sexual Harassment Training BASIC PRINCIPLES  Failure to complain is not the same thing as being okay or welcome.  Conduct does not need to be directed at a single person. Can occur in a group setting.  Conduct does not need to be intentional.  Key perspective is that of the recipient, not the perpetrator. This is related to the concept of EYE OF THE BEHOLDER or REASONABLE PERSON STANDARD.

19 Sexual Harassment Training BASIC PRINCIPLES  Child sexual abuse and sexual harassment can overlap depending on the conduct and individuals involved.  Both are points on a continuum of sexual misconduct toward others.  Child sexual abuse usually occurs adult to child but may occur child to child.

20 Sexual Harassment Training INAPPROPRIATE CONDUCT EXAMPLES (Laundry List)  Attempted or actual sexual assault.  Unwanted touching of a sexual nature.  Sexual advances/propositions, especially if repeated.  Direct or indirect threats or bribes for unwanted sexual favors.

21 Sexual Harassment Training INAPPROPRIATE CONDUCT EXAMPLES (Laundry List)  Sexual innuendos and comments.  Intrusive sexually explicit questions.  Sexually suggestive sounds or postures.  Touching, patting, pinching, stroking, squeezing, tickling, brushing against, massaging.

22 Sexual Harassment Training INAPPROPRIATE CONDUCT EXAMPLES (Laundry List)  Ogling or leering in obvious fashion.  Stalking.  Cornering or blocking of movement in a sexual manner.  Rating or spreading rumors about a person’s attractiveness, anatomy, sexuality.

23 Sexual Harassment Training INAPPROPRIATE CONDUCT EXAMPLES (Laundry List)  Frequent sexual or “off color” jokes.  Name calling of a sexual nature.  Displaying or distributing pictures, calendars, drawings, cartoons or other material with sexually explicit or graphic content.

24 Sexual Harassment Training INAPPROPRIATE CONDUCT STUDENT INTERACTIONS  Don’t touch students in any way that could be misinterpreted, such as massaging or rubbing students’ backs or shoulders.  Don’t use inappropriate language, including jokes of a sexual nature.  Don’t spend excessive time with one student; always leave your classroom door open when alone with a student; don’t invite students to your home or take students from school grounds without first obtaining parental permission.  Don’t ever touch students in anger.  Do not become involved in social networking site communication with students, especially on an individual basis or without parent knowledge.

25 Sexual Harassment Training INAPPROPRIATE CONDUCT STUDENT INTERACTIONS  Don’t send personal notes or writings to students; assume that everything you write will be seen by others; don’t buy for or accept from students inappropriate or expensive gifts.  Don’t store personal or intimate information at school or on school equipment, such as computer files.  If a student indicates an inappropriate interest in you, immediately discuss the matter with your administrator or school counselor; document all interactions from that point on; and ensure that you are never alone with the student.

26 Sexual Harassment Training APPROPRIATE CONDUCT  It is okay to touch someone to get their attention, unless requested otherwise.  It is okay to tell jokes with no innuendo or sexual overtones.  Ask yourself: Would I be comfortable if my spouse or child were hearing or seeing my conduct?  Ask yourself: Would I be comfortable if my conduct was viewed/repeated in a meeting/hearing/proceeding by a 3 rd party?  Appropriate conduct with good friends may be inappropriate with co-workers or students.

27 Sexual Harassment Training CONSEQUENCES  Warning  Required Trainings/Counseling  Discipline  Suspension/Expulsion  Demotion/Loss of Pay/Transfer

28 Sexual Harassment Training CONSEQUENCES  Dismissal  Referral to Law Enforcement/Regulatory Agency  Defendant in Criminal or Civil Action

29 Sexual Harassment Training VICTIM RESPONSE District Policy “Any student or employee who has knowledge of conduct in violation of this policy or feels he/she is a victim of sexual harassment must immediately report his/her concerns to the superintendent or designee.”

30 Sexual Harassment Training VICTIM RESPONSE  Report to supervisor, or person higher in authority if necessary.  Director of Human Resources  Superintendent  Board Chair  Students report to any adult in the system who must then report to supervisor or persons listed above.  Does not require report or complaint from victim to be investigated.

31 Sexual Harassment Training VICTIM RESPONSE  District responsible to investigate and act regardless of victim silence or preference.  “I want you to know, but please don’t tell anyone else!”

32 Sexual Harassment Training VICTIM RESPONSE Why Victims Don’t Report Blame themselves/rationalize. Feel helpless/powerless. Don’t know how to report. Fear of retaliation/repercussions.

33 Sexual Harassment Training VICTIM RESPONSE Why Victims Don’t Report Don’t trust system to investigate seriously. Don’t want harasser to get into trouble. Fear of what friends/family will think. Prevented by sex role stereotyping.

34 Sexual Harassment Training VICTIM RESPONSE District Policy “The initiation of a complaint in good faith about behavior that may violate this policy shall not adversely affect the educational assignments or study environment of a student complainant or any terms or conditions of employment or work environment of the staff complainant.” “ There shall be no retaliation by the district against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of sexual harassment.”

35 Sexual Harassment Training COMPLAINT PROCEDURE District Regulation GBN/JBB-AR Sexual Harassment Complaint form. Available Online on District website or from supervisor/office. Submit with any and all information/materials. Keep a copy of everything you submit with date and recipient name.

36 Sexual Harassment Training COMPLAINT PROCEDURE Complaints will be promptly investigated. Information will be kept as confidential as possible. Every complaint will be investigated. Complainant and alleged harasser receive notice/summary of conclusion.

37 Sexual Harassment Training COMPLAINT PROCEDURE Employee and other adults have a duty to assist student complainants with appropriate procedures. Employees and other adults have a duty to report student harassment when they have suspicion, knowledge, or observed violation.

38 Sexual Harassment Training CONCLUSION  QUESTIONS?  For additional information, contact District Officials responsible for accepting and managing sexual harassment complaints:  Your supervisor.  Steve Williams Executive Director of Human Resources and Support Services 965 N. Boones Ferry Rd. Woodburn, OR