4118.113(a)
4218.113
5145.52
Personnel ‑‑
Certified/Non-Certified
Harassment
The Board strives to provide a safe,
positive learning environment in the schools. Therefore, harassment,
in any form, will not be tolerated in this district. This policy applies to all
employees on school grounds or on property within the jurisdiction of the
district; on buses operated by or for the district; while attending or engaged
in district activities; and while away from district grounds if the misconduct
directly affects the good order, efficient management, and welfare of the
district.
Employees are expected
to adhere to a standard of conduct that is respectful and courteous to all. The
principle of freedom of expression that might otherwise protect the most offensive
public speech does not protect or encompass a right to threaten the dignity and
privacy of an individual. Such personally directed behavior will not be
tolerated. It is contrary to academic values, debilitates its victims,
compromises the offenders, and undermines the district’s fundamental commitment
to individual freedom and respect for all its members. Furthermore, acts of
intolerance may destroy the very atmosphere in which freedom of expression is
otherwise tolerated and cherished.
For purposes of this
policy, harassment consists of verbal, graphic, or physical conduct relating to
an individual’s race, color, religion, sex, national origin/ethnicity, physical
attributes or disability, parental or marital status, sexual orientation, or
age when such conduct/harassment:
1. is
sufficiently severe, persistent or pervasive that it affects an individual’s
ability to participate in or benefit from an educational program or activity or
creates an intimidating, threatening or abusive education environment;
2. has
the purpose or effect of substantially or unreasonably interfering with an
individual’s work performance;
3.
otherwise adversely affects an
individual’s employment opportunities.
Harassment as set forth
above may include, but is not limited to:
·
Verbal,
physical, or written intimidation or abuse;
·
Repeated
remarks of a demeaning or condescending nature; and
·
Repeated
demeaning jokes, stories, or activities directed at the individual.
Each staff member shall
be responsible to maintain an educational environment free from all forms of
unlawful harassment.
Should harassment be
alleged, it is the policy of this Board that it shall be thoroughly
investigated, that there shall be no retaliation against the victim of the
alleged harassment, and that the problem/concern shall be appropriately
addressed.
4118.113(b)
4218.113
5145.52
Personnel ‑‑
Certified/Non-Certified
Harassment (continued)
The district shall
annually inform staff that unlawful harassment will not be tolerated with the
school system.
For purposes of this
policy, sexual harassment shall consist of unwelcome sexual advances, requests
for sexual favors and other inappropriate verbal, written, graphic or physical
conduct of a sexual nature when:
1. acceptance
of such conduct is made, either explicitly or implicitly, as a term or
condition of an individual’s continued employment;
2. submission
to or rejection of such conduct by an individual is used as the basis for
decisions affecting the individual; and
3. such
conduct is sufficiently severe, persistent or pervasive that it has the purpose
or effect of substantially interfering with the employee’s job performance or
creating an intimidating hostile or offensive working environment.
Examples of conduct
that may constitute sexual harassment include, but are no limited to, sexual
flirtations, advances, touching or propositions, verbal abuse of a sexual
nature, graphic or suggestive comments about an individual’s dress or body,
sexually degrading words to describe an individual, jokes, pin-ups, calendars,
objects, graffiti, vulgar statements, abusive language, innuendos, references
to sexual activities, overt sexual conduct, or any conduct that has the effect
of unreasonably interfering with an employee’s ability to work or creates an
intimidating, hostile, or offensive working environment.
Each staff member shall
be responsible to maintain an educational environment free from all forms of
unlawful harassment.
Should harassment be
alleged, it is the policy of this Board that it shall be thoroughly
investigated, that there shall be no retaliation against the victim of the
alleged harassment, and that the problem/concern shall be appropriately
addressed.
In order to maintain a
work environment that discourages and prohibits unlawful harassment, the Board
designates the Director of Pupil Services as the District’s Compliance Officer.
The Compliance Officer
shall publish and disseminate this policy and the complaint procedure annually
to students, parents, employees, independent contractors, vendors, and the
public. The publication shall include the position, office address, and
telephone number of the District’s Compliance Officer.
4118.113(c)
4218.113
5145.52
Personnel ‑‑
Certified/Non-Certified
Harassment (continued)
The Board directs that
complaints of harassment shall be investigated promptly and corrective action
be taken when allegations are substantiated. Confidentiality of all parties
shall be maintained consistent with the District’s legal and investigative
obligations.
The building principal
or his/her designee shall be responsible to complete the following duties when
receiving a complaint of unlawful harassment:
1. Inform the employee or third party of the right to file a
complaint and the complaint procedure;
2. Notify
the complainant and the accused of the progress at appropriate stages of the
procedure;
3. Refer the
complainant to the Compliance Officer if the building principal is the subject
of the complaint.
(cf. 5145.53 – Harassment)
Legal Reference: Title
VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.
29
CFR 1604.11, EEOC Guidelines on Sex Discrimination.
Title
IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
34
CFR Section 106.8(b), OCR Guidelines for Title IX.
Definitions,
OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8
(a0 62 Fed. Reg. 12033 (March 13, 1977) and 66 Fed. Reg. 5512 (January 19,
2001)
Meritor Savings Bank. FSB v. Vinson, 477
U.S. 57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S.
Supreme Court, June 26,1998)
Burlington
Industries, Inc. v. Ellerth, No. 97-569,
(U.S. Supreme Court, June 26,1998)
4118.113(d)
4218.113
5145.52
Personnel ‑‑
Certified/Non-Certified
Harassment (continued)
Legal References: (continued)
Gebbser v. Lago
Vista Indiana School District, No.
99-1866, (U.S. Supreme Court, June 26,1998)
Davis v. Monro County Board of Education, No.
97-843, (U.S. Supreme Court, May 24, 1999.)
Connecticut
General Statutes
46a‑60 Discriminatory
employment practices prohibited.
10-15c
Discrimination in public schools prohibited. School attendance by five-year
olds. (Amended by P.A. 97-247 to include “sexual orientation”)
10‑153
Discrimination on account of marital status.
17a-101
Protection of children from abuse.
Policy adopted: July
8, 2003 EAST
HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
4118.113(a)
4218.113
5145.52
Personnel ‑‑
Certified/Non-Certified
Harassment
Harassment
Complaint Procedure
An employee or third party who believes
he/she has been subject to conduct that constitutes a violation of this policy
is encouraged to immediately report the incident to the building principal. If
the building principal is the subject of the complaint, the incident shall be
reported directly to the district’s Compliance Officer.
The complainant is encouraged to use the
report form available from the building principal, but oral reports are
acceptable.
Step
2 - Investigation
Upon receiving a complaint of unlawful
harassment, the building principal shall immediately notify the Compliance
Officer or the Superintendent who shall then authorize the building Principal
to investigate the complaint, unless the building principal is the subject of
the complaint or is unable to conduct the investigation.
This investigation may consist of individual
interviews with the complainant, the accused and others with knowledge relative
to the incident. Other information and materials relevant to the investigation
may also be evaluated.
The obligation to conduct this investigation
shall be negated by the fact that a criminal investigation is pending or has
been concluded.
Step
3 – Investigative Report
The District shall take prompt, corrective
action to ensure that such conduct ceases and will not reoccur if the
investigation results in a finding that the complaint is factual and is a
violation of Board policy.
Disciplinary actions shall be consistent
with Board policies and district procedures applicable bargaining unit
agreements and applicable state and federal laws.
Employees knowingly making a false complaint
under this policy shall be subject to disciplinary action including
termination.
4118.113(b)
4218.113
5145.52
Personnel ‑‑ Certified/Non-Certified
Harassment
Harassment
Complaint Procedure (continued)
Step
4 - Appeal
1. The complainant, if not satisfied with
a finding of no violation of the policy or with the corrective action, may
submit a written appeal to the Compliance Officer within fifteen (15) days.
2. The Compliance Officer shall review the
investigation and the investigative report and may also conduct an
investigation.
3. The Compliance Officer shall prepare a
written response to the appeal within fifteen (15) days. Copies of the response
shall be provided to the complainant, the accused, and the building principal
who conducted the initial investigation.
Regulation
approved: July 8, 2003 EAST HADDAM PUBLIC
SCHOOLS
Moodus,
Connecticut
4118.113
4218.113
Form
EAST HADDAM PUBLIC SCHOOLS
Moodus, Connecticut
REPORT FORM FOR COMPLAINTS OF HARASSMENT
Complainant:
___________________________________________________________________
Home Address: _________________________________________________________________
Home Phone: ___________________________________________________________________
School building: _________________________________________________________________
Date
& Approximate Time of Alleged Incident(s): ________________________________________
Alleged harassment was based on:
(Check all that apply.)
Race Color National Origin
Gender Disability Religion
Ancestry Age Sexual Orientation
Name
of person you believe violated the District’s harassment policy:
______________________________________________________________________________
If
the alleged harassment was directed against another person, identify the other
person:
______________________________________________________________________________
Describe the incident as clearly as possible, including any
verbal statements (i.e., threats, derogatory remarks, demands, etc.) and any
actions or activities. Attach
additional pages if necessary:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
When
and where incident occurred: __________________________________________________
List
any witnesses who were present: _________________________________________________
______________________________________________________________________________
This complaint is based on my honest belief that
_________________________________ has discriminated against me or another
person. I certify that the information
provided in this complaint is true, correct and complete to the best of my
knowledge.
__________________________ _______________________
Complainant’s Signature Date
__________________________ _______________________
Received By Date
4118.113
4218.113
Form
(continued)
Decision rendered: Unfounded Exonerated Unsustained Sustained
Recommended
action/action taken: ___________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Signatures
(acknowledgments)
Complaint: _____________________________________________ Date
________________
Subject of Investigation: ___________________________________ Date:
________________
Superintendent of Schools: _________________________________ Date:
________________