Sexual Harassment of Staff

Administrative PolicyGBAA

Updated

07/31/2012 HR

Goals

•Review the definition of sexual harassment•Prevent sexual harassment•Review the elements of a sexual

harassment situation•Review district policy•Provide you with a clear

understanding of your responsibilities•Our discussion today will focus on

sexual harassment related to staff

All staff have the right to be treated with respect and to be protected

from intimidation, discrimination, physical harm and harassment.

Academy School District 20 does not discriminate related to sex (gender), sexual orientation or marital status.

We have an affirmative duty to have an environment free of sexual

harassment.

Academy School District 20 shall be a safe place for staff.

What is Sexual Harassment?

Sexual harassment can be a form of sexual discrimination and/or gender discrimination.

What is Sexual Harassment?

• A behavioral definition… • Sexual or sex-based behavior• Deliberate•May be repeated• Not asked for or not welcomed• Not returned or not mutually enjoyable•May involve an imbalance of power

Forms of Harassment

•Verbal•Non-Verbal•Physical

Verbal

• Sharing about sex life• Asking about sex life• Comments about body• Sexually-oriented “kidding”• Jokes• Suggesting or demanding sexual

involvement• Negative or offensive comments about

another employee’s gender• Obscene or lewd comments

Non-Verbal

•Drawings•Gestures•Cartoons•Posters•Letters•E-mail

Physical

•Touching•Patting•Pinching•Hitting•Brushing up against•Fondling

Shades of Gray

•Light Gray•Medium Gray•Dark Gray

Shades of Gray• Light Gray Sexual Jokes

Flirtatious Comments

• Medium Gray Obscene CommentsRepeatedMost People Would Agree Inappropriate

• Dark Gray Forced FondlingPersistentSerious Sexual Slurs

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the

opposite sex.

The victim does not have to be the person harassed but could be anyone

affected by the offensive conduct.

Laws• Title VII of the Civil Rights Act of 1964:• Discrimination is illegal in employment; gender

was added as a category

• Title IX of the Education Amendments, 1972• Sexual harassment is illegal in education

• Equal Employment Opportunity Guidelines, 1980• Sexual harassment is a form of sexual

discrimination

Title IX

“No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance…”

Two Categories

•Quid Pro Quo•Hostile Environment

Quid Pro Quo Harassment

•You do this for me . . . I’ll do that for you.

•The victim perceives that the harasser is in a position of power.

Hostile Environment Harassment

Acts of a sexual nature that are sufficiently severe or pervasive to interfere with the working or learning environment.

Levels of Harassing Behavior

• Sexual jokes• Flirtatious comments• Obscene comments• Repeated comments of a sexual nature

most people would agree inappropriate• Forced fondling• Persistent• Serious sexual slurs

Legal Definition

Sexual harassment is . . .

•Unwelcomed sexual advances and/or requests for sexual favors or other verbal or physical conduct of a sexual nature when:

Legal Definition• Submission to or rejection of such conduct affects a

person’s employment, advancement or educational development.

• Submission to or rejection of such conduct by an individual is used as the basis for employment, advancement, demotion or educational decisions affecting an individual.

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or of creating a severe and pervasive intimidating, hostile, or offensive working or educational environment.

An intimidating, hostile or offensive environment created by acts of a sexual nature can arise in various

locations, including offices, classrooms, school hallways,

playgrounds, district bus routes or at school activities in district or out

of district.

Sexual harassment may result from words or conduct of a sexual nature communicated in a manner that would be reasonably considered to

offendstigmatize ordemean

a person against whom the harassment is directed.

Sexual harassment will be treated as serious misconduct and will be dealt

with firmly.

A staff member may report complaints of alleged sexual harassment to his/her

immediate supervisor or if the employee believes that the immediate supervisor is

the source of the discrimination or harassment, he or she may report instead to

the Assistant Superintendent for Human Resources. The procedure and the

complaint form are found in Administrative Procedure GBK-R.

No staff member shall be subject to adverse action in retaliation for any

good faith report of sexual harassment.

Respect for Each Other

Certainly, there are times when there are misunderstandings among employees. “Respect for Each Other” means that the person who perceives behavior to be offensive will tell the other person the behavior is offensive.

Respect for Each Other

If every employee displays respect for the dignity of others in the work place, most problems are avoided.

•Treat others as you want to be treated.

•Treat others as you want your loved ones to be treated.

Prevent Sexual Harassment… How?• Inform you all about sexual

harassment clearly, directly and seriously.• Inform you that sexual harassment

will be treated as serious and illegal misconduct and will be dealt with firmly.•Deal with problems promptly.•Make sure you all know the policy.