Sexual harassment is a violation of the law and stands in direct opposition to District policy. The Board of Education, therefore, prohibits all forms of sexual harassment by employees and employers on school district premises or during school district-related activities.
Unwelcome sexual advances, requests for sexual favors, and other verbal, non- verbal or physical conduct of a sexual nature constitutes sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term orcondition of employment;
- Submission to or rejection of such conduct is used as the basis for decisions affecting an employee’s employment; or
- Such conduct has the effect of unreasonably interfering with an employee’s work or creating an intimidating, hostile or offensive work environment.
Supervisors may not use their authority to solicit sexual favors from subordinates in any way. Employees who feel that a supervisor is basing promotions, increase in wages or continuance in that job, on sexual favors, are encouraged to contact the District Title IX Compliance Officer. Employees are also urged to report sexual advances by supervisors or other employees if these actions are objectionable and interfere with work performance or create a hostile working environment. Any employee who feels he or she has suffered sexual harassment, as that term is defined in the second paragraph of this policy, is encouraged to contact the district’s Title IX Compliance Officer.
The district will promptly investigate all complaints, and if the facts support the allegations, appropriate disciplinary measures will be applied, up to and including termination of the offender’s employment in accordance with contractual and legal guidelines.
Through this policy, the Board seeks the cooperation of all employees to ensure that offensive and prohibited conduct does not occur in the workplace.
Cross-ref: 5020.1, Prohibition of Sexual Harassment
Ref:
Civil Rights Act of 1964, Title VII, 42 U.S.C. §2000-e2(a)
Equal Employment Opportunity Commission Policy Guidance (N-915.035) on Current Issues of Sexual Harassment, effective 10/15/88
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Note: Prior policy, Prohibition of Sexual Harassment, 4120
Policy Adopted: October 24, 1988
Amended: June 21, 1999