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DISCRIMINATION AND HARASSMENT - EMPLOYEE            2250

1.    PHILOSOPHY

1.1    The Sevier School District  Board of Education is committed to fair and equal practices in all aspects of the school society and educational environment:  employment, education, extra-curricular activities, work assignments, advancements, rewards and penalties, grades and credit, and in all other components of the education community.

1.2    Segregation and/or discrimination against any individual or group, regardless
of country of origin, race, color, creed, sex, age, religion, mental or physical disability, will NOT be tolerated.  Harassment in any form, under any circumstance, from subtle name-calling to painful or potentially dangerous abuse of the said individual or group, is PROHIBITED.  Such inappropriate conduct will be cause to subject the perpetrator to disciplinary action, including, but not limited to, reprimand, probation, demotion, suspension, termination of employment or other sanctions as deemed appropriate by the supervisor, school and district administrators and the Board.

2.    LAW    

2.1    Title VI of the 1964 Civil Rights Act    

2.2    Title VII of the 1964 Civil Rights Act, as amended by the Equal Employment Opportunity Act of 1972 and the Civil Rights Act of 1991.

2.3    The Equal Pay Act of 1963 as amended by the Education Amendments of 1972.    

2.4    Title IX of the 1972 Education Amendment.    

2.5    Section 504 of the Rehabilitation Act of 1973.    

2.6    Americans with Disabilities Act of 1990.  

 2.7    Executive Order 11246 as amended by 11375.    

2.8    Governor's Executive Order of 1993 (signed 3.17.93)    

2.9    Utah Anti-Discrimination Act    

2.10    Utah Code 53G-8-202 et. seq.

3.    DEFINITIONS    

3.1    The following terms that may be used in this policy will be understood to mean:    

3.1.1  abuse (n):  physical maltreatment (kicking, biting, punching, etc.); language that condemns, slanders, maligns, disgraces, embarrasses, belittles, attacks another's reputation, morals, origin, etc.  

 3.1.2  abuse (v):  to mistreat physically, sexually, verbally; to use force or to use one's position to bring a another's submission; to intimidate, coerce, threaten, ridicule, insult, embarrass, offend, proposition, or otherwise
cause another pain and/or emotional distress related to the mistreatment. 

 3.1.3. assault:  a threat or attempt to cause bodily contact; a physical or verbal attack; an attempt to subjugate one to the perpetrator's demands against another's wishes.   

3.1.4  discrimination:  the act or practice of treating an individual or group differently from another; distinguishing and obvious treatment (or mistreatment) of an individual or group that is a departure from the normal or usual procedure; to perceive an individual or group as "different" or "unworthy" of the treatment, opportunities, advancements and/or choices afforded others in similar circumstances, may be overt or silent disregard; to ignore or reject.  

 3.1.5 harassment:  persistent annoyance; conduct that has the purpose or
effect of unreasonably interfering with an individual's work, performance, advancement, security, and/or emotional well-being; any act -- physical, verbal, visual -- that harms or causes an individual to feel threatened, intimidated, fearful, obviously treated differently from the others.   

3.1.6    sexual harassment::  unwelcome sexual advances, requests/pressure for
sexual favors; any action or interaction that is sexual in nature and is repeated, unwanted, unsolicited, non-reciprocal, coercive, intimidating, unwelcome, demeaning, pervasive, derisive, or without mutuality.  Any action that involves harassing behaviors (see below [a, b, c], scope IV harassing conduct [page 64]).
        
3.2    Sexually harassing behaviors may be identified in at least three categories:          

3.2.1        Visual:  constant leering, staring, and/or ogling; offensive   signs and gestures; open display of pictures, posters, drawings, cartoons, figurines, and/or other objects that portray nudity, vulgarity, pornography; and other offensive materials; sexual exhibitionism, lewdness.    

 
3.2.2        Verbal:  uninvited sexual teasing, remarks or questions; statements based on gender stereotypes; offensive sexual jokes, derogatory comments or sexually degrading descriptions, sexual suggestions; sexual innuendoes; comments about the body/body parts; explicit propositions; requests/pressures for dates and/or sexual favors; promises of preferential treatment in exchange for sexual favors; uninvited letters or telephone calls of a sexual nature; derogatory whistles or cat calls; foul or obscene language; sexually-oriented kidding, teasing, or practical jokes.

3.2.3        Physical:  uninvited and deliberate touching; cornering or blocking of normal movement (in a sexual manner); leaning over; patting; squeezing; pinching; intentional brushing against another's body; unwelcome kissing; fondling; touching which is offensive; forced sexual assault, and/or rape; stalking; retaliation for having reported or threatening to report     sexual harassment.  Such harassing behaviors by school and/or district employees, volunteers, or administrators toward another individual (student, volunteer, visitor, or administrator) is PROHIBITED.   

3.3    Types of sexual harassment:          

 3.3.1.    The power to coerce: submission to offensive conduct is made condition of employment; demotions, reduced responsibility, lower paying job assignment as result of rejection of sexual advances.          

 3.3.2        The power to reward:  submission to offensive conduct is made condition of employment decisions:  compensation advancements, bonuses, job assignments, work schedules, preferential treatment based on other than individual work merit.            

3.3.3        Creation of hostile environment where unwelcome sexual behavior (obscene jokes, sexual innuendoes, pornographic displays, etc.) makes the workplace environment offensive, hostile, intimidating, or that unreasonably interferes with an individual's work            

3.3.4        non-discriminatory:  showing no discrimination (see definition of DISCRIMINATION above) toward any individual or group in treatment or practice or in the environment in which they function; treating fairly and equally


3.3.5        reprisal/retaliation: consequences of one's refusal to submit to the requests and/or demands of another that result in his/her job being adversely affected; an unlawful use of position to avenge or punish one for his/her refusal to   consent/submit to unwanted advances.  Acts of reprisal may be overt or covert and may take many forms, such as:  

3.3.5.1    open hostility to the individual, to witnesses, or others involved
3.3.5.2    exclusion/ostracism of the individual, witnesses, or others involved, may be overt or silent rejection
3.3.5.3    creation of, or the continued existence of, a hostile environment
3.3.5.4    gender-based negative remarks about the individual that are repeated and malicious
3.3.5.5    special attention to or assignment of the individual or others involved to alternative duties; may be less desirable work assignment or even reduction in pay
3.3.5.6    tokenism or patronizing behavior; showing favoritism with expectation of rewarding sexual favor
3.3.5.7    Discriminatory treatment of any nature
3.3.5.8    Subtle harassment; or
3.3.5.9     Unreasonable time restrictions in preparing complaints or compiling evidence of sexual harassment activities or behaviors Acts of reprisal of any kind or degree are unlawful, and will subject the perpetrator to disciplinary action by the Board or designee of the Board.    

3.3.6  segregation:    One form of discrimination (see DISCRIMINATION above)  in which an individual or group is restricted from participating in the opportunities afforded others or is denied the privileges enjoyed by others in the workplace; denying an individual or group equal and fair treatment by excluding them from activities, desirable work environment, benefits, advances, etc. open to others    

3.4    Additional Terms

3.4.1    The school environment (or educational environment) will be understood to be the classrooms, buses, or other school approved vehicles, offices, buildings and/or grounds of any educational facility or services related to such facility (maintenance shops, bus barns, warehouses, etc.), the site of any school activity properly authorized by officially recognized school organization.

3.4.2    The educational society (or academic society) will include students, teachers, administrators, support staff (hourly and salaried personnel) hired by the district to perform duties related to the operation and management of all educational facilities.

3.4.3    The educational society includes authorized school volunteers, the Board members, and district personnel.

3.4.4 Additional definitions may be found in Sevier School District Safe School and Appropriate Conduct Policy #3072.

4.    SCOPE  

4.1    This policy -- interpretation, implication, administration -- shall apply to all members of the academic community and educational environment including students, teachers, support staff, authorized volunteers, and administrators of     the various schools and the district.  

4.2    Any act of discrimination or harassment directed at any of the district employees, students, volunteers or visitors in the educational environment is prohibited whether:
            
4.2.1 student by teacher/staff/authorized volunteer/ administrator/visitor (including, but not limited to, molestation, assault, fondling, intimidation, reprisal, physical injury, offensive sexual behavior...)
4.2.2 teacher/staff/authorized volunteer/administrator/visitor by student (including, but not limited to, damage to personal property, destructive or threatening behavior, obscene writing/pictures, reprisal of any kind, physical injury...)
4.2.3 teacher/staff/authorized volunteer/administrator/visitor by another (including, but not limited to, coercion, intimidation, unwanted/ unsolicited attention or advances, sexual abuse, reprisal of any kind, hostile work environment...)

4.3    Violators of the Discrimination and Harassment Policy shall be subject to corrective or disciplinary action which may include, but is not limited to, reprimand, demotion, suspension with or without pay, or termination of employment.  Criminal charges may be brought by law enforcement agencies in cases of sexual abuse, forced sexual assault, physical injury, rape, or other serious offenses that are against local, state, and/or federal laws.  Such charges and investigative evidence of misconduct may be grounds for discipline, suspensions or revocation of teaching certificate.    

4.4    Reprisals are prohibited against any person who opposes a practice that is     forbidden under this policy or who has filed a charge, testified,  assisted in an    investigation, proceeding or hearing under this policy.    

4.5    Conduct is considered to be harassment when:

4.5.1    submission is made, either expressly or by implication, a term or condition of one's employment.

4.5.2        submission to, or rejection of, such conduct is used as the basis for decisions affecting an employee.
 
4.5.3    the conduct has the purpose or effect of unreasonably interfering with an individual's work or of creating an intimidating, hostile, or offensive environment or of adversely affecting an individual's performance, advancement, assigned duties or any other condition of employment or career development.


4.5.4       submission to, or rejection of, the conduct is used as the basis for any decision affecting the individual regarding benefits and services, promotions, assignments, programs or activities available through the individual's employment.


4.5.5        submission to, or rejection of, the conduct is used to menace the employee with threats of job loss or demotion, or to discredit or intimidate the employee.

5.    COMPLAINT PROCEDURE

5.1    Individuals affected by discrimination or harassment (sexual or other forms of harassment) are afforded avenues for filing complaints which are free from bias, collusion, intimidation or reprisal.      

5.1.1    Individuals who feel they are being subjected to discrimination or harassment should do the following:               5.1.1.1    continue to report to work
5.1.1.2    verbalize disapproval of the action to the perpetrator
5.1.1.3    demand that the action cease
                    
5.1.2   If employee feels that addressing issue directly to perpetrator would jeopardize his/her employment or security, a third party may be designated.

5.1.3   Employee (or designee) should advise perpetrator that further harassment may result in charges being filed against him/her.

5.1.4   Perpetrator must understand that there can be no reprisals against the complainant or any person who acts in behalf of the accuser against the perpetrator.

5.1.5    Document the occurrence/occurrences (documentation should be in writing when possible, in as much detail as is reasonable, and as soon as possible following the incident).

5.1.6    Identify a witness, if possible or available  

5.2    Individuals alleging discrimination or harassment are encouraged to use internal complaint procedures.  A complaint may be submitted in accordance with the district's approved complaint procedure directly to the supervisor, to the Superintendent (or designee), to Sevier School District Board of Education, to the DHRM (Division of Human Rights Management) or to the UADD (Utah Anti-Discrimination Division).

5.2.1    Complaints may be submitted by any individual, witness, volunteer, other employee or student.

5.2.2    Complaints may be submitted if behaviors occurred at any site of any school activity authorized by school or district.

5.2.3    Complaints may be filed regardless of whether or not the behavior occurred on or off work duty if it results in a hostile work environment.

5.2.4    Complaints may be made through either verbal or written notification and shall be handled in compliance with confidentiality guidelines.

5.2.5     Any school administrator or supervisor of work-related personnel who has knowledge of discrimination practices or offensive harassment behavior of a sexual nature shall take prompt, appropriate action.  If administrator or supervisor fails to take timely action to correct the situation, he/she may be subject to corrective or disciplinary action.  All action on complaints shall be fully, accurately documented.

5.2.6    If the complaint is lodged against a supervisor or administrator, the Sevier School District Board of Education would investigate the complaint and take appropriate action.  If outside agencies are required to investigate, the Board would contract with the appropriate investigative agency.   

5.3    Any complaint of discrimination or harassment, sexual or other, shall be acted upon through a timely investigation following receipt of the complaints.      

5.4.    If an immediate investigation by the agency is not warranted, a meeting shall be held with the complainant, the school or district administrator, the supervisor of the appropriate division, and others as appropriate to communicate the findings and the resolution of the complaint.      

5.5    A meeting shall also be held with the accused, the supervisor or district administrator, and others as appropriate for the purpose of hearing the accused account of the incident and advising him/her of the possible consequences.    

5.6    The accused shall not contact the complainant regarding allegations of harassment or discrimination once a complaint has been filed.  However, contact could be made in a formal hearing or an appeal situation.    5.7    Malicious or frivolous complaints of sexual harassment or other harassment shall result in corrective or disciplinary action against the accuser.

6.    INVESTIGATIVE PROCEDURE

6.1    The investigative procedures shall allow for the complainant to request to file a complaint with an investigator of a specific gender or agency.        

6.2    Preliminary review:            

6.2.1        The administrator or designee shall initiate a preliminary review.


6.2.2        Based upon findings and recommendations or the preliminary review process, complainants, witnesses, volunteers or other employees may seek resolution of sexual harassment complaints by utilizing one or more of the following options:

6.2.2.1.    seek to resolve issues with the accused.
6.2.2.2    consult with the alleged harasser's supervisor, school or district administrator, or the Superintendent in an attempt to resolve the issue.


6.2.3        Agreements toward resolution of the sexual harassment shall be documented in writing with all parties receiving copies.

6.2.4       Any attempt toward resolution must include, as applicable, corrective action which may include a letter of warning to the accused giving notice of the district's sexual harassment policy, specifying the nature of the complaint, penalties for violations of the policy and warnings against reprisals of any nature and degree.

6.2.5        If information is received that any employee refuses to comply with the agreed upon resolutions, or if the sex based offensive behavior continues, a formal investigation shall be initiated by competent investigators in a timely manner following notice of non-compliance.

6.2.6        If the review reveals the accusations are unfounded, this information shall be documented, the review terminated, and all parties involved notified.

6.2.7        If the review results in findings of a bad faith/false claim, the person filing such shall be subject to corrective or disciplinary action.    

6.3    Formal Investigation:

6.3.1        A formal investigation shall be initiated by district appointed investigators in a timely manner upon receipt of a complaint of discrimination/harassment.


6.3.1.1    The district's administration may initiate a formal administrative review into the discrimination/harassment allegation.  The formal investigation may be conducted through the district's administrative procedure and/or investigative team.  All findings shall be reported to the Superintendent in writing.


6.3.1.2    An investigative team shall be impartial and shall be composed of a minimum of two individuals, preferably male and female, who are competent, impartial, and knowledgeable in the discrimination/harassment investigative process.

6.3.1.3    The investigative team shall conduct an independent investigation into sexual harassment allegations.

6.3.1.4    If the investigation reveals that disciplinary action is warranted, the Superintendent or designee shall take appropriate corrective or disciplinary action.

6.3.1.5    If an investigation reveals evidence of criminal conduct in sexual allegations, the administrator may refer the matter to law enforcement, the Utah Anti-Discrimination Division, State Office of Education, or the County Attorney, as appropriate.  Under certain circumstances, sexual harassment constitutes unlawful sexual discrimination for which the victim may seek legal redress under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972.  Some types of sexual harassment may also constitute actionable conduct under state civil torte law and/or criminal conduct under the state criminal justice code.

6.3.1.6    If the investigation reveals the accusations are unfounded, this information shall be documented, the investigation terminated and all parties involved notified.

6.3.1.7    If the investigation results in findings of a malicious, frivolous, bad faith, or false claim, the individual filing the claim shall be subject to corrective or disciplinary action.

7.    RECORDS      

 7.1.    A separate confidential record of all sexual harassment complaints shall be maintained and stored in the district's Human Resource files.  Records shall be kept for:      

 7.1.1        A minimum of one year following successful resolution of a complaint processed through the preliminary review, but may be filed for a longer period.


 7.1.2        A minimum of three years following successful resolution of a formal administrative and/or investigative proceeding, but may be filed for a longer period.


Note:    Files should be kept as long as accused person is employee of the district and may be kept beyond his/her termination. 

7.1.3.    Separate files related to sexual harassment complaints shall not be kept by supervisors or in the school office, but shall be secured in personnel confidential file at the district office.          

7.1.4        All information contained in the sexual harassment confidential file shall only be released by the Superintendent when in compliance with the requirements of local, state, and federal law and district policy.          

7.1.5        Information contained in the complaint file shall be classified as protected pursuant to requirements of state, local, and federal law and district policy.            

7.1.6        Participants in any sexual harassment proceeding shall treat all information as protected.          

7.1.7        Final disposition of sexual harassment cases shall be disseminated in writing to all parties involved.  

7.1.8        Final disposition of sexual harassment cases might not be disseminated to the public, but may be in some cases, pursuant to state law.  Names of involved parties should be protected from the public where possible.  The disposition of all sexual harassment cases will be kept in the district confidential personnel files.          

7.1.9    Files of discrimination and harassment proceedings, other than sexual harassment cases, shall be treated with confidentiality, filed for a minimum of one year, and released only in accordance with district/legal procedure.      

 7.2    A copy of the district Discipline and Harassment Policy #2250 shall be distributed to all employees of the district.                                      

 Revised    10/12/95
                   09/10/02

 

Training Materials

The training required under this policy shall use the instructional materials prepared and approved by the State Board of Education.

Harassment Training

 (UAC 37-1-8(3)