2007 6121
1 of 3
Personnel
SUBJECT: SEXUAL HARASSMENT OF DISTRICT PERSONNEL
The Board of Education affirms its commitment to non-discrimination and recognizes its responsibility to provide for all District employees an environment that is free of sexual harassment and intimidation. Sexual harassment is a violation of law and stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of sexual harassment by employees, school volunteers, students, and non-employees such as contractors and vendors which occur on school grounds and at all school-sponsored events, programs and activities including those that take place at locations off school premises and/or in another state. Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when:
a) Submission of such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment;
b) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individuals; and
c) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
The Board acknowledges that in determining whether sexual
harassment has occurred the totality of the circumstances should be evaluated. The
Board recognizes that sexual harassment can originate from a person of either
sex against a person of the opposite or same sex, and from co-workers as well
as supervisors, and from a third party such as a school visitor, volunteer, or
vendor, or any other individual associated with 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 who believes he/she has been a victim of sexual harassment in the work environment, as well as any other person who is aware of and/or who has knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such alleged harassment to the District's designated complaint officers 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 sexual 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 employee should report his/her complaint 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 a complaint, if the District has knowledge of or has reason to know of or suspect any occurrence of sexual harassment, the District will investigate such conduct promptly and thoroughly.
(Continued)
2007 6121
2 of 3
Personnel
SUBJECT: SEXUAL HARASSMENT OF DISTRICT PERSONNEL (Cont'd.)
As part of the 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 students and staff, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.
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 any disclosure will be provided on a "need to know" basis.
Based upon the results of the investigation, if the District determines that an employee has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken, as warranted, up to and including termination of the offender's employment in accordance with legal guidelines, District policy and regulation, the District's Code of Conduct, 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 will be subject to appropriate sanctions as warranted and in compliance with law.
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 sexual harassment. Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those involved in the investigation of the sexual harassment complaint have not suffered retaliation.
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.
(Continued)
2007 6121
3 of 3
Personnel
SUBJECT: SEXUAL HARASSMENT OF DISTRICT PERSONNEL (Cont'd.)
Development
and Dissemination of Administrative Regulations
Regulations will be developed for reporting, investigating and remedying allegations of sexual harassment. 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 sexual harassment with all employees, express the District's condemnation of such conduct, and explain the sanctions for harassment. Training programs will be established for employees to help ensure awareness of the issues pertaining to sexual harassment in the workplace, 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 training in the investigation of sexual harassment complaints.
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 sexual harassment will be published in appropriate school publications such as teacher/employee handbooks and/or school calendars.
Civil Rights Act of 1991
42
29 Code of Federal Regulations (CFR) Section
1604.11(a)
Education Law Section 2801(1)
Executive Law Sections 296 and 297
Adoption Date: June 25, 2007