Presentation on theme: "Preventing Sexual Harassment Secondary Alternative Programs Salem-Keizer Public Schools Secondary Alternative Programs Salem-Keizer Public Schools August."— Presentation transcript:
Preventing Sexual Harassment Secondary Alternative Programs Salem-Keizer Public Schools Secondary Alternative Programs Salem-Keizer Public Schools August 2005
Introduction Primarily a problem in the work setting, sexual harassment may take place anywhere, anytime.
Introduction Sexual harassment has no place in one’s employment situation. Salem-Keizer School District recognizes the existence of sexual harassment in our society and its possible existence in the school district.
Title VII of the Civil rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex or national origin The courts have interpreted discrimination based on sex includes sexual harassment It consists of unwanted behavior that can be verbal, non-verbal or physical. Defining Sexual Harassment
Unwelcome advances, Unwelcome sexual advances, Requests favors Requests for sexual favors Other verbal physical conduct Other verbal or physical conduct of a sexual nature. Generally speaking, sexual harassment is unwanted behavior that can be verbal, non-verbal or physical.
Defining Sexual Harassment decision to hire fire. It is part of an employer’s or supervisor’s decision to hire or fire. Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when:
Defining Sexual Harassment pay, promotion job assignment. It is used to make other employment decisions such as pay, promotion, or job assignment. Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when:
DefiningSexual Harassment Defining Sexual Harassment interferes It interferes with your work performance. Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when:
Defining Sexual Harassment Sexual harassment is defined as unwelcome comments, gestures, visuals, or physical contacts of a sexual nature when: intimidating, hostile offensive It creates an intimidating, hostile or offensive work environment.
Responsibility As in all other cases of inappropriate behavior, each employeeis responsible for his / her own actions. As in all other cases of inappropriate behavior, each employee is responsible for his / her own actions.
Responsibility Each employee report all acts whether or not the act involves himself / herself. Each employee must take the responsibility to report all acts of inappropriate behavior to his/her immediate supervisor whether or not the act involves himself / herself.
Responsibility Sexual harassment and other misconduct will not be eliminated until this responsibility is taken seriously by all.
Your Rights Under Title VII of the Civil Rights Act unwelcome comments, gestures, visuals, or physical contacts of sexualnature We have the right to protection from … unwelcome comments, gestures, visuals, or physical contacts of sexual nature … in the workplace by co-workers, clients and customers of the employer.
Your Rights Under Title VII of the Civil Rights Act right to file a complaint without punishment, intimidation, discipline retaliation. We have the right to file a complaint of sexual harassment or testify against an employer or supervisor or co-worker in a sexual harassment case without fear of punishment, intimidation, discipline or retaliation.
Job Detriment (Quid-pro-quo) Sexual Harassment Explicitly or implicitly, sexual activity is a …term or condition of employment …term or condition of employment, basis for employment decisions …or sex is used as a basis for employment decisions affecting the victim.
Hostile or Offensive Environment Sexual Harassment Behavior of a sexual nature that… unreasonably interferes … unreasonably interferes with the victim’s work performance or pervasively offensive … creates a pervasively offensive work environment. repeatedoffensive. … is repeated and offensive.
Hostile or Offensive Environment Sexual Harassment More than isolated More than isolated flirtation, incidents or epithets degrading namesbelittles Example: Someone calls you degrading names or belittles your abilities reasonable person Judged by “reasonable person” standard who knew or should have known and didn’t act Employers and supervisors who knew or should have known and didn’t act can be liable
IF YOU ARE THE VICTIM: Recognize tell them to stop Recognize the harassment. Talk with the person harassing you, tell them to stop. Report Report if it continues to someone who can do something about it (your supervisor, any supervisor, the District’s Affirmative Action Officer, or a State or Federal agency). Furnish the facts Furnish the facts: what was said, who was involved, witnesses, dates, where and when.
Why is it important to report sexual harassment? the only way to eliminate the problem It is the only way we will ever be able to eliminate the problem. policy It is the policy of the Salem Keizer School District. law It is the law.
Can a third party bring a complaint of sexual harassment? Yes hostile environment Yes, complaint of sexual harassment can based on the “hostile environment” definition. reasonable person offensive work environment may be filed by any employee If a reasonable person would find the display, remarks or behavior to be creating an offensive work environment, a sexual harassment complaint may be filed by any employee.
IF YOU ARE A POTENTIAL HARASSER OR ACCUSED: Take it seriously! perception of the victim The courts hold that the determination of a sexually offensive work environment is based on the perception of the victim, not the intentions of the offender.
Where’s the Line? The line is drawn who is offended The line is drawn by the employee who is offended. responsibility to let you know reasonable person find offensive That person has some responsibility to let you know the remarks are offensive – unless any “reasonable person” would find the remarks offensive.
Where’s the Line? avoid comments on dress and appearance To be safe, avoid comments on dress and appearance except of the most general kind, (“You sure look bright and cheery today!”). If you feelan impulse how beautiful how handsome You’re over the line. If you feel an impulse to tell the person how beautiful her blue eyes are, or how handsome his rugged jaw is- back off! You’re over the line.
IF YOU ARE A POTENTIAL HARASSER OR ACCUSED: cooperate fully If you feel you've been falsely accused of sexual harassment, cooperate fully with the investigation. right tocounsel You also have the right to retain counsel. If you have questions about what is appropriate workplace behavior, you may contact your supervisor for guidance.
What do you think? What are some situations within the School District where harassment might occur? Humor is a way that people can put down or make fun of others who are different. In the workplace, what are some topics of humor that are “appropriate”? What are some topics of humor that are “inappropriate” in the workplace
Student to Student Sexual Harassment Sexual harassment is defined as repeated unwelcome and unwanted comments, gestures, visuals or behavior of a sexual nature.
Student to Student Sexual Harassment federal law state law prohibit discrimination based on sex Sexual harassment of students is prohibited by both federal law (Title IX of the Education Amendments of 1972) and state law (ORS 659.150) which prohibit discrimination based on sex in public schools.
Student to Student Sexual Harassment Simply stated, sexual harassment is unwelcome sexual overtures that interfere with a student’s education.
Student to Student Sexual Harassment between staff members, between staff students, between students same opposite sex. Sexual harassment can occur between staff members, between staff and students, or between students, and it can be directed toward individuals of the same or opposite sex. Intent is not a prerequisite Intent is not a prerequisite to a finding of sexual harassment.
Student to Student Sexual Harassment “eye of the beholder.” Sexual harassment is in the “eye of the beholder.” In many cases, harassers think they are being funny or engaging in harmless teasing. perceived person receiving harassment. The “test” is how the actions are perceived by the person receiving the harassment.
Types of Student to Student Sexual Harassment Quid pro quo 1. Quid pro quo: this for that Hostile environment 2. Hostile environment: an intimidating, hostile, or offensive learning environment
Examples of student to student sexual harassment: commentsgesturesjokeslooks Sexual comments, gestures, jokes or looks Being touched Being touched, grabbed, or pinched in a sexual way Clothing pulled Clothing pulled at, off, or down in a sexual way called gay lesbian Being called gay or lesbian Sexual messages Sexual messages or pictures left or given sexual rumors Having sexual rumors spread about them
Causes of student to student sexual harassment: Poor modeling Poor modeling from others in their family or community Lack of awareness Lack of awareness and information Social skill deficits Inadequate skills Inadequate skills for coping with frustration and anger Deficits empathyrespect Deficits in the personhood qualities of empathy and respect
District Policy: Students & Sexual Harassment Conduct that would create an intimidating, hostile or offensive environment is not tolerated. School personnel have an obligation to investigate sexual harassment and a duty to make it stop.
District Policy: Students & Sexual Harassment Take reports of sexual harassment seriously and take appropriate action as identified in the Student Rights and Responsibilities Handbook. If sexual harassment constitutes sexual abuse, immediately make an oral report to legal authorities. Document whatever actions you have taken.
The most important thing … … to remember in order to stop all forms of harassment… RESPECT … treat family, friends and strangers with RESPECT.
Why do I need this information? Mandatory reporters are those people required by law to report child abuse. By law, School District employees are mandatory reporters, 24/7 By law, School District employees are mandatory reporters, 24/7. reasonable suspicion You should report any reasonable suspicion of abuse. You do not have to prove it. If you suspect a child has been abused, phone your local DHS office to discuss your concerns with a CPS-trained caseworker.
As a mandatory reporter … … if you suspect a child is being or has been abused or is being neglected … … you must tell either … Department of Human Services or Law enforcement agency Law enforcement agency (city or state police, sheriff, or county juvenile). Telling only your supervisor does not fulfill your legal obligation.
When does confidentiality override the need to report? mandatory reporter As a mandatory reporter, your obligation to make a report applies regardless of whether or not your knowledge of the abuse was gained in your official capacity. (Exemption for privileged communication applies only to Psychiatrists, Psychologists, Clergy, and Attorneys.)
What do I look for? Physical abuse Physical abuse (such as bruises, welts or burns) Neglect Neglect (consistent hunger, poor hygiene, inappropriate dress) Mental injuryemotional maltreatment Mental injury or emotional maltreatment. (failure to grow, speech or sleep disorders, forced to dress in “opposite sex” clothing.) Sexual abuse Sexual abuse (withdrawal, poor peer relationships, delinquent or run away, fear of a person or intense dislike at being left alone with someone.)
Reporting Guidelines Most reportsby phone Most reports are made by phone. According to ORS 419B.015, “a person making a report of child abuse shall make an oral report by telephone to the local office of DHS child welfare or to a law enforcement agency within the county where the person making the report is at the time of the contact.” Sometimes you may be asked for additional written material.
Reporting Guidelines Be prepared to report the following: 1. Names 1. Names of the child and parent 2. Addresses 2. Addresses of the child and parent age 3. Child’s age 4. Typeextent 4. Type and extent of abuse previous evidence 5. Any previous evidence of abuse 6. Explanation 6. Explanation for abuse 7. Informationcause identify 7. Information to help establish the cause of abuse or identify the abuser.
How do I make a report? You could complete … District reporting formfax law enforcement agencies 1.… the District reporting form and fax it to one of the law enforcement agencies listed on the form. District reporting form School Resource Officer 2.… the District reporting form and provide it to your School Resource Officer..
How do I make a report? You could complete … 3.… the District reporting form and contact the State Department of Human Services. Marion County office 503-378-6704. 4.… the District reporting form and share it with your building administrator or supervisor. Together contact authorities using methods 1, 2, or 3.
How do I make a report? District reporting form provide a copybuilding administratorsupervisor Keep a copy of the District reporting form for your files and provide a copy to your building administrator or supervisor be sure law enforcement or DHS is notified Reporting to your building administrator or supervisor is not enough… … be sure law enforcement or DHS is notified.
Rev 2/2005 SALEM-KEIZER PUBLIC SCHOOLS HUMAN RESOURCES EMPLOYEE AND VOLUNTEER MANDATORY CHILD ABUSE REPORTING FORM
If I suspect abuse should I investigate it? The amount of questioning you should do depends on what is appropriate for your job. As a teacher or school based employee, you might routinely comment on children’s injuries (for example, showing sympathy for Richard’s leg that was broken while skateboarding). It would be appropriate to comment on injuries you think might be from abuse and listen to the child’s response. It is not appropriate for you to conduct an assessment of the situation. If possible, however, it is very helpful if you have been able to talk honestly to the child. If the explanation does not seem to fit the injury, make a report.
Importance of Reporting What if I don’t report? Failure to report is a violation and carries a maximum penalty of $1,000. Mandatory reporters have also been successfully sued for damages in civil court for failing to report. After I report, will my name be made public? The only time a reporter’s name can be released is by a court order. However, you might have to testify at juvenile court or criminal court proceedings about the child’s condition.
Importance of Reporting Can I be sued by the parent for making a report? Anyone who makes a good faith report based on reasonable grounds is immune from liability. What if the abuse happened a long time ago? You should still report it. There is no statute of limitations on the reporting of child abuse.
Additional Resources Preventing Sexual Harassment – Policy and Rules, Employee Guidebook, Salem-Keizer Public Schools Salem-Keizer School District Policy Salem-Keizer School District Policy, GAAB, Sexual Harassment Salem-Keizer School District Policy Salem-Keizer School District Policy Salem-Keizer School District Administrative Rule, Prohibited Activities GAAB-R-1 Supervisory Responsibility GAAB-R-1 Employee Responsibility GAAB-R-1 Complaint Procedure GAAB-R-2 Disciplinary Action GAAB-R-2 Salem-Keizer School District Complaint Form, GAAB-R-E, Sexual Harassment Civil Rights Division Civil Rights Division of the Oregon Bureau of Labor and Industries Civil Rights Division Civil Rights Division U. S. Equal Employment Opportunity Commission U. S. Equal Employment Opportunity Commission U. S. Equal Employment Opportunity Commission U. S. Equal Employment Opportunity Commission
For more information ….. Department of Human Services Marion County office 503-378-6704 or 1-800-854-3508 Brochures available on line at www.dhs.state.or.us/abuse/publications/children/index.htm or District’s web page under Staff Resources, Training. Call the Programs and Benefits Office for a copy of the State Brochure.
Questions? If you have any questions regarding Sexual Harassment or Child Abuse Reporting please contact: Kathryn Nove, Director, Employee Relations Human Resources 2450 Lancaster Dr NE Salem, Oregon 97305 503-399-3061
Certificate of Completion Certificate of Completion Print this page and turn in to your Supervisor This certifies that ______________has read Print Your Name the Salem Keizer School District yellow “Preventing Sexual Harassment Policy and Rules” employee guidebook, and completed the web page review on preventing sexual harassment and child abuse reporting. Date Completed_______________________________ Employee Signature ______________________________________________