1. Sexual Harassment Training
Sweeny ISD

2. 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.

3. Categories of Sexual Harassment
Employee/Employee Sexual Harassment
Employee/Student Sexual Harassment
Student/Student Sexual Harassment

4. 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.

5. 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.

6. 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

7. Critical Element
Critical Element: The offensive conduct must be unwelcome

8. 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

9. 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.

10. 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.

11. 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.

12. 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.

13. 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

14. 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