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Community Relations
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SUBJECT: ANTI-HARASSMENT IN THE
The
Board of Education affirms its commitment to nondiscrimination and recognizes
its responsibility to provide an environment that is free of harassment and intimidation.
Harassment is a violation of law and stands in direct opposition to District
policy. Therefore, the Board prohibits and condemns all forms of harassment on
the basis of race, color, creed, religion, national origin, political
affiliation, sex, sexual orientation, age, marital status, military status,
veteran status, or disability by employees, school volunteers, students, and
non-employees such as contractors and vendors as well as any third parties who
are participating in, observing, or otherwise engaging in activities subject to
the supervision and control of the District.
Sexual
orientation is defined as heterosexuality, homosexuality, bisexuality, or
asexuality, whether actual or perceived.
The
Board also prohibits harassment based on an individual's opposition to
discrimination or participation in a related investigation or complaint
proceeding under the anti-discrimination statutes. This policy of
nondiscrimination and anti-harassment will be enforced on
It
is intended that this policy apply to the dealings between or among employees
with employees; employees with students; students with students;
employees/students with vendors/contractors and others who do business with the
For
purposes of this policy, harassment shall mean communication (verbal, written
or graphic) and/or physical conduct based on an individual's actual or
perceived race, color, creed, religion, national origin, political affiliation,
sex, sexual orientation, age, marital status, military status, veteran status,
or disability that:
a)
Has the
purpose or effect of substantially or unreasonably interfering with an
individual's work performance or is used as a basis for employment decisions
(including terms and conditions of employment) affecting such individual;
and/or creates an intimidating, hostile or offensive work environment;
b)
Has the
purpose or effect of substantially or unreasonably interfering with a student's
academic performance or participation in an educational or extracurricular
activity, or creates an intimidating, hostile or offensive learning
environment; and/or effectively bars the student's access to an educational
opportunity or benefit;
c)
Otherwise
adversely affects the employment and/or educational opportunities and benefits
provided by the District.
(Continued)
2007 3420
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SUBJECT: ANTI-HARASSMENT IN THE
The
In
order for the Board to enforce this policy, and to take corrective measures as
may be necessary, it is essential that any employee, student, or other member
of the above named group who believes he/she has been a victim of harassment in
the school environment and/or at programs, activities and events under the
control and supervision of the District, as well as any individual who is aware
of and/or who has knowledge of, or witnesses any possible occurrence of
harassment, immediately report such alleged harassment; such report shall be
directed to or forwarded to the District's designated complaint officer(s)
through informal and/or formal complaint procedures as developed by the
District. Such complaints are recommended to be in writing, although verbal
complaints of alleged harassment will also be promptly investigated in
accordance with the terms of this policy. In the event that the complaint
officer is the alleged offender, the report will be directed to the next level
of supervisory authority.
Upon
receipt of an informal/formal complaint, the District will conduct a thorough
investigation of the charges. However, even in the absence of an
informal/formal complaint, if the District has knowledge of any occurrence of
harassment, the District will investigate such conduct promptly and thoroughly.
To the extent possible, within legal constraints, all complaints will be
treated as confidentially and privately as possible. However, disclosure may be
necessary to complete a thorough investigation of the charges and/or to notify
law enforcement officials as warranted, and any disclosure will be provided on
a "need to know" basis.
Based
upon the results of this investigation, if the District determines that an
employee and/or student has violated the terms of this policy and/or
accompanying regulations, immediate corrective action will be taken as
warranted. Should the offending individual be a student, appropriate
disciplinary measures will be applied, up to and including suspension, in
accordance with applicable laws and/or regulations, District policy and
regulation, and the District Code of Conduct. Should the offending individual
be a school employee, appropriate disciplinary measures will be applied, up to
and including termination of the offender's employment, in accordance with
legal guidelines, District policy and regulation, and the applicable collective
bargaining agreement(s). Third parties (such as school volunteers, vendors,
etc.) who are found to have violated this policy and/or accompanying
regulations and/or the Code of Conduct, will be subject to appropriate
sanctions as warranted and in compliance with law. The application of such
disciplinary measures by the District does not preclude the filing of civil
and/or criminal charges as may be warranted.
The
Board prohibits any retaliatory behavior directed against complainants,
victims, witnesses, and/or any other individuals who participated in the
investigation of a complaint of harassment. Follow-up inquiries shall be made
to ensure that harassment has not resumed and that all those involved in the
investigation of the harassment complaint have not suffered retaliation.
(Continued)
2007 3420
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Community Relations
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SUBJECT: ANTI-HARASSMENT IN THE
Finding
That Harassment Did Not Occur
At
any level/stage of investigation of alleged harassment, if a determination is
made that harassment did not occur, the Complaint Officer will so notify the
complainant, the alleged offender and the Superintendent of this determination.
Such a finding does not preclude the complainant from filing an appeal pursuant
to District policy or regulation and/or pursuing other legal avenues of
recourse.
However,
even if a determination is made that harassment did not occur, the
Superintendent/designee reserves the right to initiate staff awareness and
training, as applicable, to help ensure that the school community is not
conducive to fostering harassment in the workplace.
In
all cases, the Superintendent will inform the Board of Education of the results
of each investigation involving a finding that harassment did not occur.
Knowingly Makes False
Accusations
Employees
and/or students who knowingly make
false accusations against another individual as to allegations of harassment
may also face appropriate disciplinary action.
Privacy
Rights
As
part of any investigation, the District has the right to search all school
property and equipment including District computers. Rooms, desks, cabinets,
lockers, computers, etc. are provided by the District for the use of staff and
students, but the users do not have exclusive use of these locations or equipment
and should not expect that materials stored therein will be private.
Development
and Dissemination of Administrative Regulations
Regulations
will be developed for reporting, investigating, and remedying allegations of
harassment based on the characteristics described above. An appeal procedure
will also be provided to address any unresolved complaints and/or
unsatisfactory prior determinations by the applicable complaint officer(s).
Such regulations will be developed in accordance with federal and state law as
well as any applicable collective bargaining agreement(s).
The
Superintendent/designee(s) will affirmatively discuss the topic of harassment
with all employees and students, express the District's condemnation of such
conduct, and explain the sanctions for such harassment. Appropriate training
and/or "awareness" programs will be established for staff and
students to help ensure knowledge of and familiarity with the issues pertaining
to harassment in the schools, and to disseminate preventative measures to help
reduce such incidents of prohibited conduct. Furthermore, special training will
be provided for designated supervisors and managerial employees, as may be
necessary, for the investigation of harassment complaints.
(Continued)
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Community Relations
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SUBJECT: ANTI-HARASSMENT IN THE
A
copy of this policy and its accompanying regulations will be available upon
request and may be posted at various locations in each school building. The
District's policy and regulations on anti-harassment will be published in
appropriate school publications such as teacher/employee handbooks, student
handbooks, and/or school calendars.
This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this District. It is the intent of the District that all such policies and/or regulations be read consistently to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy.
Age Discrimination in Employment Act,
29
Americans With Disabilities Act,
42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
Prohibits discrimination on the basis of disability.
Title VI of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000d et seq.
Prohibits
discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000e et seq.
Prohibits
discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972,
20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
Civil Rights Law Section 40-c
Prohibits
discrimination on the basis of race, creed, color, national origin, sex, sexual
orientation, marital status or disability.
Education Law Section 2801(1)
(Continued)
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SUBJECT: ANTI-HARASSMENT IN THE
Executive Law Section 290 et seq.
Prohibits
discrimination on the basis of age, race, creed, color, national origin, sex,
sexual orientation, disability, military status, or marital status.
Military Law Sections 242 and 243
NOTE: Refer also to Policies #6121 -- Sexual Harassment of District Personnel
#6122 -- Complaints and Grievances by Employees
#7550 -- Complaints and Grievances by Students
#7551 -- Sexual Harassment of Students
Adoption Date: June 25, 2007