Sexual Harassment

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Sexual Harassment Other Prohibited Harassment

• An overview for C-FB employees

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• Sexual Harassment and
• Other Prohibited Harassment
• are forms of discrimination which are strictly
  prohibited by District Board policies DIA, FFH,
  and federal law.

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Sexual Harassment Defined

• Unwelcome conduct, either verbal or physical,
  that would not occur but for the sex of the
  individual.

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Sexual Harassment and Other Prohibited Harassment
in Schools

• Employee-to-Student
• Employee-to-Employee
• Studentto-Student

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Types of Sexual and Other Prohibited Harassment

• QUID PRO QUO
• When an individual in a position of authority
  offers a subordinate something in exchange for
  some form of sexual favor
• HOSTILE ENVIRONMENT
• Is created when unwelcome advances, requests,
  or conduct have the effect of interfering with an
  individuals performance or creating an
  intimidating, hostile, or otherwise offensive
  learning or working environment

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Examples of Quid Pro Quo

• A teacher may offer a student a better grade or a
  particular position on an athletic team in
  exchange for a kiss.
• A supervisor may offer an employee a higher
  evaluation or a promotion in exchange for
  accompanying the supervisor to dinner.

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Signs of a Hostile Environment

• High rate of absenteeism
• Low morale
• Performance slips
• Failing grades
• Discipline problems

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Examples of Sexual Harassment

• Sexual advances or requests for sexual favors
• Touching intimate body parts
• Coercing or forcing a sexual act on another
• Jokes or conversations of a sexual nature
• Engaging in sexually oriented conversations for
  the purpose of personal sexual gratification
• Telephoning or text messaging students at home or
  elsewhere for inappropriate social relationships

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Examples of Other Prohibited Harassment

• Offensive or derogatory language directed at
  another persons religious beliefs or practices,
  accent, skin color, or need for workplace
  accommodation
• Threatening or intimidating conduct
• Offensive jokes, name calling, slurs, or rumors
• Physical aggression or assault
• Display of graffiti or printed material promoting
  racial, ethnic, or other negative stereotypes or
• Other types of aggressive conduct such as theft
  or damage to property.

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Sexual Harassment Employee-to-Student

• A District employee causes the student to believe
  that the student must submit to the conduct in
  order to participate in a school program or
  activity, or that the employee will make an
  educational decision based on whether or not the
  student submits to the conduct

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Sexual Harassment Employee-to-Student

• Includes both WELCOME and UNWELCOME sexual
  advances requests for sexual favors sexually
  motivated physical, verbal, or nonverbal conduct
  or other conduct or communication of a sexual
  nature

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Sexual Harassment Employee-to-Student

• Sexual harassment or harassment of any kind of
  students by employees is always a violation of
  law
• The fact that a student sought the conduct is of
  no merit
• There is always the presumption that the conduct
  was unwelcome between an employee and a student
• Any sexual relationship between a student and a
  District employee is always prohibited, even if
  consensual

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Sexual Harassment Employee-to-Employee

• Submission to the conduct is a condition of
  an
  
  
  employees
  employment or such conduct is used as a basis
  for employment actions affecting the employee
• The conduct is so severe that it unreasonably
  interferes with the employees work performance
  or creates an intimidating, threatening,
  hostile, or offensive work environment.

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Sexual Harassment Student-to-Student

• Affects the students ability to participate in
  or benefit from an educational program of
  activity, or creates an intimidating,
  threatening, hostile, or offensive educational
  environment
• Has the purpose or effect of substantially or
  unreasonable interfering with the students
  academic performance or
• Otherwise adversely affects the students
  education opportunities.

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Other Prohibited Harassment Employee-to-Employee,
Employee-to-Student and Student-to-Student

• Unwelcome physical, verbal, or nonverbal
  conduct based on the student/employee race,
  color, gender, national origin, disability, or
  religion that is so severe, persistent, or
  pervasive that the conduct
• Affects a persons ability to participate in or
  benefit from an educational program or activity,
  or creates an intimidating, threatening, hostile
  or offensive education/work environment
• Has the purpose or effect of substantially or
  unreasonably interfering with the students
  academic performance or employees work or
• Otherwise adversely affects the students
  educational opportunities or the employees
  employment opportunities.

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Key Word Unwelcome

• For any conduct to constitute sexual harassment
  or other prohibited harassment, it must be
  unwelcome by the individual complaining of the
  conduct EXCEPT in Employee-to-Student
  situations. Employee-to-Student harassment is
  ALWAYS considered to be unwelcome.
• Conduct which may be offensive to one person may
  not be to another
• The victim has an obligation to tell the harasser
  that he/she finds the conduct offensive
• If the behavior continues beyond that point, then
  it is sexual harassment or other prohibited
  harassment.
• A single incident can constitute sexual
  harassment if it is an occurrence such as sexual
  assault.

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Employee ResponsibilityProtect Yourself from a
Charge of Any Kind of Harassment

• Do not socialize with students
• Stop whatever you are doing if you sense
  discomfort from a student/employee
• Dress appropriately for the school environment
• Conduct yourself in a business-like manner

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Employee ResponsibilityProtection of Students

• Treat students complaints of sexual harassment
  or harassment seriously do not ever take such
  allegations lightly.
• If you see sexual harassment or harassment of any
  type occurring, stop it!
• Make appropriate discipline referrals in
  accordance to the Student Code of Conduct.
• Immediately report the conduct and your actions
  of remediation to your supervisor/principal.
• Be sure that the report is in writing dated and
  signed.

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Victims ResponsibilityWhat to do if you are
sexually harassed or harassed by someones conduct

• Let the person know that the comments or actions
  are unwelcome
• Employees - Immediately report the harassment to
  your principal/supervisor
• Students Immediately report the harassment to a
  teacher, counselor, principal, or other District
  employee
• In your report, list the time, place and persons
  present using who, what, where, when and why

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District Responsibility

• Have a comprehensive policy prohibiting sexual
  harassment
• Clearly communicate sexual harassment and
  harassment policies (DIA and FFH) and complaint
  procedures to employees, students, and parents
• Train administrators to recognize, investigate,
  and resolve sexual harassment claims
• Train employees to recognize and report sexual
  harassment, understand appropriate and
  inappropriate interaction with students and
  report any incidents that a student might
  misinterpret as sexual harassment to their
  supervisors
• Train teachers to appropriately discipline
  students involved in incidents of
  student-to-student sexual harassment
• Train and inform students how to recognize and
  report allegations and to whom they can report

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• It is important for schools to create an
  environment that encourages students or employees
  who believe they have been subject to sexual
  harassment to come forward.

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The Principal/Supervisor Must Immediately
Notify the Appropriate District Officials

• Dr. Mary Hopkins employee-to-employee or
  employee-to-student allegations
• Kim Holland employee-to-student or
  student-to-student allegations
• All complaints of sexual harassment and
  harassment will be investigated promptly,
  thoroughly and as confidentially as possible
• Retaliation toward the accuser will not be
  tolerated

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School District LiabilityPersonal Liability

• Deliberate Indifference
• When one who has the authority to address the
  alleged discrimination and to institute
  corrective measures has actual knowledge of
  discrimination and fails to adequately respond.
• Gebser v. Lago Vista ISD
• 118 S. Ct. 1989 (1998)

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• An administrator who shows deliberate
  indifference by failing to investigate and
  prevent the abuse of a student can be held liable
  for a subordinates abuse of a student.
• Doe v. Taylor ISD
• Administrators must take action when sexual
  harassment claims are reported to protect
  students and avoid personal liability.

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Standard of Care

• The District shall exercise reasonable care to
• prevent and correct promptly any sexual
• harassment behavior and develop preventive or
• corrective measures to address sexually harassing
  
• behavior.
• DIA (Legal)

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Sexual Harassment Other Prohibited Harassment

• An overview for C-FB employees