VELA STAFF TRAINING AUGUST 15, 2011 HCISD Human Resources Department

 Define/identify two types of sexual harassment.  Identify actual behaviors that constitute sexual harassment.  Recognize the importance and value of ethics training.  Recognize and implement the HCISD policies prohibiting sexual harassment.  Recognize and implement the HCISD employee and ethical standards of conduct.

A LEGAL DEFINITION: Sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.

Quid Pro Quo - something for something  A form of sexual harassment typically only supervisors, those with supervisory authority, or teachers/instructors can engage in  Requires an individual to choose between submission or a negative consequence for failure to submit

Hostile Work/Educational Environment  Unreasonable interference, intimidation, abuse  Typically repetitive rather than a single episode  Verbal - sexual comments about appearance, innuendoes, off-color jokes, vulgar or explicit language or questions, Including Text/picture messages.  Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, .  Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing.

 Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, , instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to:

 (i)The nature, purpose, timing, and amount of the communication;  (ii) The subject matter of the communication;  (iii) Whether the communication was made openly or the educator attempted to conceal the communication;  (iv) Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship;  (v) Whether the communication was sexually explicit; and  (vi) Whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

 When one who has the authority to address the alleged discrimination and to institute corrective measures has actual knowledge of discrimination and fails to adequately respond. Gebser v. Lago Vista ISD 118 S. Ct (1998)

 Strict Liability – Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.  Vicarious Liability – Liability that an employer bears for the actionable conduct of an employee based on the relationship between the two parties.

DIA (LOCAL) The District prohibits discrimination, including harassment, against any employee on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of District policy. FFH (LOCAL) “Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relationship between a student and District employee is always prohibited, even if consensual.”

The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community.

 All employees are expected to work together in a cooperative spirit to serve the best interests of the district and to be courteous to students, one another, and the public. Employees are expected to observe the following standards of conduct:  Recognize and respect the rights of students, parents, other employees, and members of the community.  Maintain confidentiality in all matters relating to students and coworkers.  Report to work according to the assigned schedule.  Notify their immediate supervisor in advance or as early as possible in the event that they must be absent or late. Unauthorized absences, chronic absenteeism, tardiness, and failure to follow procedures for reporting an absence may be cause for disciplinary action.  Know and comply with department and district policies and procedures.  Express concerns, complaints, or criticism through appropriate channels.  Observe all safety rules and regulations and report injuries or unsafe conditions to a supervisor immediately.  Use district time, funds, and property for authorized district business and activities only.

 Employees shall comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to their status as District employees. Violation of any policies, regulations, or guidelines may result in disciplinary action, including termination of employment. [See DCD and DF series]  Employees shall not engage in prohibited harassment, including sexual harassment, of: Other employees. [See DIA] Students. [See FFH; see FFG regarding child abuse and neglect] While acting in the course of their employment, employees shall not engage in prohibited harassment, including sexual harassment, of other persons, including Board members, vendors, contractors, volunteers, or parents.

 Employees shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [See FFH]

 Employees shall not use tobacco products on District premises, in District vehicles, or at school or school-related activities. [See also GKA]

Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at school or at school-related activities during or outside of usual working hours: 1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate. 2. Alcohol or any alcoholic beverage. 3. Any abuseable glue, aerosol paint, or any other chemical substance for inhalation. 4. Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs. An employee need not be legally intoxicated to be considered “under the influence” of a controlled substance.

 An employee shall notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of the other offenses as indicated below:  Crimes involving school property or funds;  Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;

 Crimes that occur wholly or in part on school property or at a school-sponsored activity; or  Crimes involving moral turpitude, which include:  Dishonesty, fraud, deceit, theft, misrepresentation;  Deliberate violence;  Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;  Felony possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance defined in Chapter 481 of the Health and Safety Code;  Acts constituting public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct, if any two or more acts are committed within any 12-month period; or  Acts constituting abuse under the Texas Family Code

 The dress and grooming of District employees shall be clean, neat, in a manner appropriate for their assignments, and in accordance with the following standards:  Personnel are expected to dress in a manner that projects a professional image for the employee, District, and community.  Style of clothing for males and females should always reflect a professional and business-like atmosphere. Dresses, slacks, skirts, and blouses for females should not attract unfavorable attention. Males shall be expected to wear slacks, shirts, or appropriate professional attire.  Administrators and supervisors shall have the discretion to determine appropriateness of attire for all personnel in certain grades or subjects (physical education, agriculture, auto mechanics, building trades, special education), or for medical necessities. [See also DH]