HARASSMENT EDUCATION Unified School District of Antigo
Objectives To ensure all employees understand: n Harassment is a serious legal issue n District’s harassment policy & complaint procedures n Employees’ obligation to report suspected harassment n What to do when you suspect harassment n How to ensure a safe environment for students and staff
What is the Legal Definition? For employees: Harassment becomes illegal when an employer, supervisor or co- worker harasses a person because of their race, color, creed, ancestry, national origin, age (40 and up), disability, sex, arrest or conviction record, marital status, sexual orientation or membership in the military reserve.
What is the Legal Definition? For students: Harassment becomes illegal when another student, teacher or other person within the school environment harasses a student because of their race, color, creed, ancestry, national origin, age (40 and up), disability, sex, arrest or conviction record, marital status, sexual orientation or membership in the military reserve.
Harassment Is... Verbal abuse, epithets, vulgar or derogatory language, display of offensive cartoons or materials, mimicry, lewd or offensive gestures and telling jokes offensive to protected class members. The behavior must be more than a few isolated incidents or casual comments. It involves a pattern of abusive and degrading conduct directed against a protected class member that is sufficient to interfere with their work or create an offensive and hostile work or educational environment.
School District Policies on Harassment n Harassment in the Workplace and School Environment (No ) n Sexual Harassment (No ) n Harassment Complaint Procedures and Disciplinary Guidelines (No Rule)
School District Policy defines harassment as any of the following: 1. Physical or psychological intimidation which significantly interferes with another’s right to work, learn, and to perform activities and responsibilities related to those functions. 2. Such conduct which has the purpose or effect of substantially interfering with an individual’s work, including school work, performance or creating an intimidating, hostile or offensive working or academic environment.
School District Policy, continued defines harassment as any of the following : 3. Such conduct which is substantially coercive, restraining, or reprisal in nature. 4. Any activity which is conducted which is significantly physically and psychologically restrictive, harmful and or damaging to the victim.
Equal Rights Legislation Civil Rights Act of 1964… amendments: Title IX - “no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Legislation, continued Title VI - Establishes similar rights, but deals with racial discrimination as opposed to sexual discrimination. Title VII - Is aimed at all employers and has the intent to, “broadly eradicate discrimination throughout the economy.”
Sexual Harassment Is… n Is a form of sex discrimination n Involves sexual conduct n Opposite or same gender actions n Must be unwelcome
Sexual Harassment Is…, continued “Unwelcome” n Sexual Advances n Requests for Sexual Favors n Sexual Physical Contact n Verbal or Physical Conduct that is Sexual
Verbal or Physical Sexual“Conduct” n Unsolicited Gestures or Comments n Display of Offensive Materials n Other “Conduct” that: …substantially interferes with work performance or creates a hostile, intimidating or offensive work environment...
Quid Pro Quo n Sexual favors for tangible job benefits n Done by supervisors or managers n Can be explicit or implicit n One instance enough n Employer liable even if unaware*
Hostile Environment n Harassment creates an environment which is hostile n Often subtle--no bright line n Substantially interferes with work or is hostile, intimidating or offensive n Supervisor or co-worker can commit n Frequency & severity are key issues n Liability varies with circumstances*
Reasonable Person Standard n Stands in place of victim n Guards against hypersensitivity n Overcomes work culture stereotypes n Considers gender and other circumstances of victim
Clues to whether an instance may be harassment… n Would you say or do it in front of your spouse, parent or close friend? n How would you feel if your spouse, daughter, sister, mother or close friend were subjected to the same words or behavior? n Would you say or do it to a colleague who is the same sex as you? n Is there equal power and participation?
Reporting Harassment n Any employees, volunteers, board members and applicants who believe they are victim of harassment should report their concerns to the principal, Coordinator of Human Resources or District Administrator. n Any District employee, school board member, volunteer or individual who is aware of harassment is obligated to report the harassment to the principal, Coordinator of Human Resources or District Administrator. Students: n A students who believes he/she has be subjected to harassment by anyone should immediately report the harassment to the principal or guidance counselor. n Students aware of harassment are obligated to report the harassment to the building principal or guidance counselor. Employees:
Victim Actions n Confront harasser--say no firmly and directly n Record events--note your reactions n Talk to friends/co-workers--any witnesses n If it persists, consider letter to harasser n Check District policies--use them n File a formal charge if necessary*
District’s Response n Investigate & stop harassment n Impose appropriate discipline n Make victim whole by restoring lost benefits or opportunities n Follow-up with victim to ensure resolution and no retaliation Take immediate steps:
Consequences n Employees found in violation of harassment policies shall be subject to disciplinary up to and including termination. n Students found in violation of harassment policies shall be subject to disciplinary action up to and including expulsion.
What you can do… n Familiarize yourself with District policies and complaint procedures n Express your commitment and model a respectful work environment n Participate in training to educate yourself n Take harassment seriously--promptly report suspected harassment