Objectives: Prevent occurrence of sexual harassment Increase staff awareness Identify behavior associated with sexual harassment Limit school district liability
Sexual Harassment Sexual harassment is a form of discrimination that is illegal under Title VII of the Civil Rights Act of 1964 for employees and under Title IX of the Educational Amendments of 1972 for students and the Kansas Acts Against Discrimination.
What is Sexual Harassment? Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) conduct which is explicitly or implicitly a term or condition of an individual’s employment or educational experience, (2) submission to or rejection of conduct by an individual is used as the basis for employment or educational decisions, or (3) conduct is sufficiently severe and pervasive to alter conditions of an individual’s work or academic performance by creating an intimidating, hostile, or offensive working or educational environment.
Types of Sexual Harassment Quid Pro Quo – “this for that” A form of sexual harassment generally supervisors or educators engage in Requires an individual to choose between submission or a negative consequence for failure to participate The focus is on the employer’s or educator’s actions, not the actions of the victim
Types of Sexual Harassment Hostile Work Environment Typically repetitive rather than a single episode Verbal - sexual comments about appearance, innuendoes, vulgar or explicit language or questions Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, e-mail or texting Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing
Individual Responsibilities Acknowledge your role as an employee of Hutchinson Public Schools in preventing sexual harassment. Understand that sexual harassment does not have to be direct. Employees who overhear an explicit conversation can file a sexual harassment complaint. Know that intention is not a determining factor with sexual harassment. It is how the words or actions are perceived that determines sexual harassment. Be sure to tell a harasser the behavior is unwelcome. Examine your personal behavior. Could your statements or actions be interpreted as sexually harassing? Promptly report all instances of sexual harassment immediately to a supervisor, human resources director or use the complaint form on the district website.
Handling the Sexual Harassment Complaint Take the report seriously. Listen, sympathize, but don’t judge. Don’t delay. Respond to concerns. Document. Follow up on the complaint.