Sexual Harassment Prevention

1
Sexual HarassmentPrevention

• Management Team
• Training
• December 4, 2007

2
Sexual Harassment Prevention

• Definitions
• Types of Sexual Harassment
• Legal Framework
• District Policy
• Responsibility
• Reporting
• Liability and Consequences
• How to Avoid
• How to Handle

3
What isSexual Harassment?

• Unwelcome sexual advances for sexual favors or
  other verbal or physical conduct of a sexual
  nature
• Submission is a condition of employment
• Submission affects employment decisions
• Creates intimidating, hostile, offensive work
  environment

4
Types ofSexual Harassment

• Quid pro quo
• Supervisor requires sexual favors as a condition
  of employment
• Submission to or rejection of advances is used as
  a basis for employment decisions
• Hostile work environment
• Verbal
• Physical
• Visual
• Sexual favors

5
Unwelcome Conduct?

• Only unwelcome conduct is considered sexual
  harassment.
• Consensual dating, joking, and touching are not
  considered harassment if not unwelcome or
  offensive.
• Recipients reaction determines if unwelcome.

6
Standards for Judgment

• eye of the beholder
• Reasonable woman
• Reasonable victim

7
Is Your BehaviorUnwanted?

• Ask yourself these questions
• Would I want this behavior written about in the
  media?
• Would I behave this way if a member of my family
  were present?
• Would I want someone to act this way toward
  someone I love?
• Is this behavior agreed upon by me and the other
  person?
• Does this behavior further the goals of the
  school or district?

8
Legal Framework

• Title VII
• Title IX
• CA Government Code
• CA Education Code
• CA Fair Employment and Housing Act

9
Responsibility and Reporting of Sexual Harassment

• Employee complaint
• Investigation
• Immediate and appropriate action
• Student complaint
• Investigation
• Immediate and appropriate action

10
Liability

• Employer is liable for acts of management with or
  without knowledge of harassment.
• Employer is liable for acts of co-workers if
  employer has knowledge or should have known about
  harassment.
• Liability can be avoided through immediate and
  appropriate action.

11
Additional Liabilities

• Liability for acts of non-employees.
• Liability to those not directly harassed.
• Personal liability of harasser.

12
Other Consequencesof Sexual Harassment

• There are no winners.
• Grievance
• PERB - Unfair Labor Practice
• Worker's Compensation
• Litigation costs
• Report to CTC

13
How to Avoid Sexual Harassment

• Establish a clear policy prohibiting sexual
  harassment.
• Establish an effective complaint procedure.
• Communicate policy and complaint procedure to all
  employees.
• Take immediate and appropriate action in response
  to complaints.

14
How to HandleSexual Harassment

• Avoid engaging in sexual harassment activities.
• Prevent employees (and students) from sexually
  harassing others.
• Investigate complaints
• Interviews.
• Weigh evidence.
• Seek support.
• Take immediate and appropriate action.