Discriminatory harassment of employees and students will not be tolerated in the District. This policy should be used when an employee is the alleged harasser or the alleged victim. “District” includes school district facilities, school district premises, and nonschool property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the District or where the employee is engaged in school business.
Discriminatory harassment includes, but is not limited to, race, color, creed, religion, national origin, gender, age, disability, marital status, or sexual orientation. Harassment by Board members, administrators, employees, parents, students, vendors, and others doing business with the District is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.
Sexual harassment will include, but not be limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the such individual
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment
Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.
Employees and students who believe they have suffered harassment will report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.
Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts. It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate. Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.
No one will retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.
It is the responsibility of the Board members, administrators, licensed and classified employees, students, and others having business or other contact with the District to act appropriately under this policy. It is the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the District about harassment and the District’s policy prohibiting harassment.
This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser. It is the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.
Ahlers & Cooney Law Firm, June 18, 2007
Approved: May 4, 1990
Reviewed: November 25, 2013
Revised: August 13, 2007