Sexual Harassment Training Sweeny ISD 2015-2016

Sexual Harassment Basic Definition- is a form of sexual discrimination that involves the unwelcome introduction of sexualized conduct in the workplace. Quid Pro Quo- employment benefits conditioned upon specific request. Hostile Environment- work conditions are altered by severe or pervasive conduct of a sexual nature; the conduct may be verbal, physical, or both.

Categories of Sexual Harassment Employee/Employee Sexual Harassment Employee/Student Sexual Harassment Student/Student Sexual Harassment

Employee-to-Employee SH Standard when the perpetrator is a supervisor If the plaintiff suffers a tangible job detriment, the employer is strictly liable when the harasser is a supervisor. If no tangible job detriment, the employer must prove it moved promptly to correct the behavior and that the employee unreasonably failed to take advantage fo corrective opportunities.

Co-worker Harassment Standard when the perpetrator is not a supervisor When the harasser is not a supervisor, the employer is liable only if someone in management knew or should have known about the harassment and failed to take prompt remedial action.

Severity of Harassment The harassment must be sufficiently severe or pervasive to alter the conditions of the complainant’s employment. Lewd comments Pinching and grabbing Displaying pornography

Critical Element Critical Element: The offensive conduct must be unwelcome

Employee to Student SH Definition- verbal of physical conduct of a sexual nature, imposed on the basis of sex by an employee that denies, limits, provides, different, or conditions the provision of aid, benefits, or services or treatment protected under Title IX. Prohibited Acts- may include engaging a student in a sexually oriented conversation, touching, and promising academic achievement in exchange for sex

Don’t put yourself in a bad situation Keep doors open when alone with a student. Limit time alone with students. Common sense. Do not talk on-line to students. Bus trips. Teacher’s pet Don’t “play” with students like they “play with each other. You are always the adult and the person in authority.

Student-to-student SH Basic Facts- a 5th grade girl alleged that a boy taunted and teased her over five months and that three teachers and the principal knew about the harassment but failed to help her.

The Legal Standard Schools may be liable for student on student sexual harassment If the school district acts with DELIBERATE INDIFFERENCE to known acts of gender-oriented harassment The harassment must be so severe, pervasive, and objectively offensive that is effectively bars the victim’s access to and educational opportunity or benefit.

Impact of Davis Respond to all claims of sexual harassment. Follow policies Keep good records Make sure the disciplinary consequences escalate if the misconduct continues.

Practical Steps What are some examples of sexual harassment? Name calling, use of profanity Sexual Statements or requests Touching in an inappropriate manner Assault Exposing oneself

Preventative Action All students should understand the seriousness of sexual harassment All students should know where to report harassment Do not require the student to “confront the harasser” The student should have the opportunity to interview with an adult of the same gender as the student