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PurposePersonnel Washington County School District - Adopted 3-10-98
1.
PurposeThe purpose of this policy to preserve an educational and employment environment free from unlawful sexual harassment.
2.
Policy:2.1. Reference:2.1.1. 42 U.S.C. § 2000e, Civil Rights Act of 1964, Title VII. Prohibits employers from discriminating on the basis of sex.2.1.2. 29 C.F.R. § 1604.11, Equal Employment Opportunity Commission (EEOC) Regulations Implementing Title VII. Provides guidelines on sexual harassment in the workplace.
2.1.3. Utah Code Ann. §§ 76-5-401 through 76-5-407. Criminal Code provisions regarding unlawful sexual intercourse, rape, rape of a child, object rape, object rape of a child, sodomy and forcible sexual abuse, sexual abuse of a child, and aggravated sexual assault.
2.2. Sexual Harassment
Sexual harassment shall not be tolerated. Employee violations shall be subject to disciplinary action up to and including dismissal from employment and referral for criminal prosecution.
Student violations shall be subject to corrective action to include the possible loss of privileges, community service, suspensions, expulsions, and referral for legal prosecution.
Employees or students affected by sexual harassment shall be afforded avenues for filing complaints, which are free from bias, collusion, intimidation, or reprisal.
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Procedure:3.1.1. Sexual harassment includes any gender-related unwelcome written or verbal slurs, vulgar jokes, derogatory statements or actions. Sexual harassment also includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:3.1.1.1. As an employee:Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or
Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting him/her.
3.1.1.2 As a student:
The harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. (Ref: Supreme Court decision: DAVIS v. MONREO COUNTY BD. OF ED. (97-843) 120F.3d 1390) and
Such harassment takes place in a context subject to the School District's control.
3.2.1 Employee:3.2.1.1 Complainants first are encouraged to verbalize disapproval of the action(s) to the harasser. Complainants should document the occurrence(s), noting such information as time, date, place, what was said, witnesses, and other relevant circumstances surrounding the event.3.2.1.2. If the complainant's concern(s) are not resolved satisfactorily through a discussion with the harasser, or if the complainant feels that he/she cannot discuss the concern/s with the harasser, the complainant should directly inform the immediate supervisor regarding the complaint and should clearly indicate what action he/she wants taken to resolve the complaint. Although complainants may convey the complaint orally to the immediate supervisor, they are strongly encouraged to submit the complaint in writing. In situations where the immediate supervisor is the alleged harasser, the complainant should submit the complaint directly to the principal, District department head, director, or the Human Resource Director. The complainant may request to submit the complaint or to have the complaint investigated by a representative of the same gender.
3.2.1.3. Confidentiality will be protected to the extent practical under the law, but under the necessities of investigating the complaint and taking appropriate disciplinary action it cannot be guaranteed.
3.2.2 Student:
3.2.2.1 If a student believes he/she is subject to harassment, the student should first consider telling the person that they do not like what is happening, that they consider it a violation of the School District policy on harassment, and that they want it stopped. In many cases, a clear statement that the student wants something stopped will be enough to take care of the situation. Students are not required, however, to confront the person in this way.3.2.2.2 The student has the right and is encouraged to report the problem immediately to the principal (or principal's designee, if assigned and identified by the principal) at their school. Students should not feel embarrassed, intimidated, or reluctant to file a valid harassment report.
Any teacher, counselor, administrator receiving a report of harassment from a student must report the incident to the school principal or designated administrator or/supervisor. All employees who feel they are subject to harassment must report the incident to the principal or designated administrator/supervisor. The principal or designated administrator/supervisor has the responsibility to conduct a preliminary review when he/she receives an oral or written complaint, observes, or has reason to suspect sexual harassment. The principal or supervisor should take the following steps:
3.3.1. Initial Interviews3.3.1.1. Whenever a sexual harassment complaint is made, the supervisor must take action to investigate the complaint or to refer the complaint for investigation even if the employee does not request action.3.3.1.2. Where a complaint has been made, interview the complainant and document the conversation (Attachment 1). Instruct the complainant to have no contact or communication regarding the complaint with the alleged harasser. Ask the complainant specifically what action he/she wants taken in order to resolve the complaint.
3.3.1.3. Interview the alleged harasser regarding the complaint/concern and inform the alleged harasser that, if the objectionable behavior has occurred, it must cease. Document the conversation.
3.3.1.4. Instruct the alleged harasser to have no contact or communication regarding the complaint with the complainant and to not take any retaliatory action against the complainant.
3.3.1.5. Report back to the complainant, notifying him/her regarding the action taken. Instruct the complainant to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.
3.3.1.6. EMPLOYEE ACTION: If the alleged harasser admits all or part of the allegations, issue a written warning/reprimand to the harasser and submit a copy to the Human Resources Department for inclusion in the harasser's District personnel file and District sexual harassment file.
3.3.1.7 STUDENT ACTION: If the alleged harasser is a student and admits all or part of the allegations, the administrator should provide a formal notice in accordance with District or school disciplinary policy.
3.3.2. Further Investigation:
3.3.2.1. If the alleged harasser denies the allegations, promptly conduct a further investigation including interviewing witnesses, if any. If there is reason to believe the allegation is sufficiently serious, involve the District as per paragraph 3.4.1.3.3.2.2. Investigations should commence as soon as possible, but not later than five (5) workdays following receipt of the complaint.
3.3.2.3. Submit a copy of all investigation and interview documentation involving employee harassment to the Human Resources Department. Submit a copy of all investigation and interview documentation involving student harassment to the appropriate elementary or secondary assistant superintendent.
3.3.2.4. EMPLOYEE ACTION:
3.3.2.4.1. If the investigation finds reason to believe disciplinary action is justified, determine the level of action to be taken and proceed with the action or forward the recommendation for Superintendent action as appropriate (See District policy for discipline). Report back to the complainant, notifying him/her in person and in writing regarding the action taken. Instruct the complainant to report immediately if the objectionable behavior occurs again or if the alleged harasser retaliates against him/her.3.3.2.4.2. If the initial investigation results in a determination that sexual harassment did occur, and the harasser repeats the wrongful behavior or retaliates against the complainant, the supervisor will take prompt disciplinary action and will notify the Human Resource Director.
3.3.2.4.3. Notify the complainant that if he/she desires further investigation and action, the complaint will be forwarded for a District-level investigation. Also notify the complainant of his/her right to register a complaint with the U.S. Department of Education's Office for Civil Rights.
3.3.2.5 STUDENT ACTION:
If the investigation finds reason to believe disciplinary action is justified, follow the discipline procedures outlined in the District Safe Schools Policy, 2110.
3.4.1. The supervisor must sometimes exercise discretion as to the severity or pervasiveness of the conduct in determining whether a District-level investigation is necessary regardless of the complainant's desires. If a blatant violation occurs involving criminal touching, quid pro quo (e.g., offering a job-related reward or punishment as an inducement for sexual favors), or acts which shock the conscience of a reasonable person; the complaint should be referred promptly to the appropriate Assistant Superintendent, Superintendent, or Human Resource Director.3.4.2. Complainants who are not satisfied with the outcome of the initial investigation may request a District-level investigation by submitting the written complaint to the appropriate, Assistant Superintendent, Superintendent, or Human Resource Director.
3.4.3. The District-level investigation should commence as soon as possible but not later than seven (7) workdays following receipt of the complaint to the District administrator.
3.4.4. In conducting the District-level investigation, the District may choose to use an investigative team that has received training in sexual harassment investigation or that has previous experience investigating harassment complaints.
3.4.5. If this investigation results in a determination that sexual harassment did occur, appropriate corrective action will be taken.
3.4.6. Following the District investigation and determination, the District will notify the complainant:
3.4.6.1. Regarding the action taken.3.4.6.2. Right to representation and administrative appeal.
3.4.6.3. The complainant and the accused have the right to be represented by a person of their choice, at their own expense, during sexual harassment investigations and hearings. Complainants also have the right to register sexual harassment complaints with the U.S. Department of Education's Office for Civil Rights or the Utah Anti-Discrimination Division/EEOC. Nothing in this policy shall be construed to limit the right of the complainant to file a lawsuit.
3.5.1. Any act of reprisal against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and therefore subject to disciplinary action.3.5.2. Likewise, reprisal against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited and therefore subject to disciplinary action.
False, malicious, or frivolous complaints of harassment will result in corrective or disciplinary action taken against the accuser.
3.7.1. Separate confidential records of all investigations shall be forwarded to the District Office and maintained with records of District-level investigations in the Human Resources Department.3.7.2. Records will be maintained in the District Office under State Schedule 14-24, classified as private under UCA 63-2-302(2) and retained for a period of four years after resolution of case.
3.8.1. All new employees shall receive information about this policy at new employee orientation. All other employees shall be provided information on a regular basis regarding this policy and the District's commitment to a harassment-free learning and working environment.3.8.2. Administrative employees who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive training on this policy and related legal developments.
3.8.3. Principals in each school and program directors shall be responsible for informing students and staff of the terms of this policy, including the procedures established for investigation and resolution of complaints.
Attachment 1 - Initial Investigation Questions
Distribution: Board Members, Superintendent, Associations, Assistant Superintendents, Administrators and Principals.