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AUGUST 6, 2014 HCISD Human Services Department.  Define/identify/prevent sexual harassment.  Identify and address behaviors that constitute sexual harassment.

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Presentation on theme: "AUGUST 6, 2014 HCISD Human Services Department.  Define/identify/prevent sexual harassment.  Identify and address behaviors that constitute sexual harassment."— Presentation transcript:

1 AUGUST 6, 2014 HCISD Human Services Department

2  Define/identify/prevent sexual harassment.  Identify and address behaviors that constitute sexual harassment.  Internalize HCISD’s standards of behavior and ethics.  Train and implement the HCISD’s policies prohibiting sexual harassment.  Train and implement the HCISD’s ethical standards of conduct.  Implement training for your campuses/departments to promote high ethical standards and to safeguard your students and staff from sexual harassment and inappropriate activity.  Ensure employees understand the ramifications of violating state and federal law and / or HCISD Board Policy.

3 August 2014 HCISD Human Services Department

4 Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. EXAMPLES: Unwelcomed Can be physical, verbal or nonverbal Severe and pervasive Unreasonably interferes with an individual’s work performance

5  Quid Pro Quo: A form of sexual harassment typically only supervisors, those with supervisory authority, or teachers/instructors can engage in. Requires an individual to choose between submission or a negative consequence for failure to submit.  Hostile Environment: Making unwelcome sexual advances or other verbal or physical conduct of a sexual nature with the purpose of, or that creates the effect of, unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

6 Hostile Work Environment See DIA (LEGAL) & DIA (LOCAL)  Unreasonable interference, intimidation, abuse  Typically repetitive rather than a single episode  Verbal - sexual comments about appearance, innuendoes, off-color jokes, vulgar or explicit language or questions, Including Text/picture messages.  Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, e- mail.  Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing.  Visual - Posters, drawings, pictures, screensavers, s or text of a sexual nature.

7 Standards of Conduct: Electronic communication and Social Media See DH (LEGAL) & DH (LOCAL) 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, , instant messaging, blogging, electronic forums (chat rooms), video-sharing, or other social network communication.

8 USE OF ELECTRONIC COMMUNICATION WITH STUDENTS DH(LOCAL)  A certified or licensed employee, or any other employee designated in writing by the Superintendent or a campus principal, may use electronic media to communicate with currently enrolled students about matters within the scope of the employee’s professional responsibilities.  All other employees are prohibited from using electronic media to communicate directly with students who are currently enrolled in the District.

9 (i)The nature, purpose, timing, and amount of the communication; (ii)The subject matter of the communication; (iii) Whether the communication was made openly or the educator attempted to conceal the communication; (iv) Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v)Whether the communication was sexually explicit; and (vi) Whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

10 A certified educator holds a unique position of public trust with almost unparalleled access to the hearts and minds of impressionable students. Therefore, the conduct of an educator must be held to the highest standard.

11 HCISD BOARD POLICIES DIA (LOCAL) The District prohibits discrimination, including harassment, against any employee on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of District policy. FFH (LOCAL) “An employee shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual

12 HCISD BOARD POLICIES FO (LOCAL) FO (LOCAL) : CORPORAL PUNISHMENT The Board prohibits the use of corporal punishment in the District. Students shall not be spanked, paddled, or subject to other physical force as a means of discipline for violations of the Student Code of Conduct. PHYSICAL RESTRAINT Within the scope of an employee’s duties, a District employee may physically restrain a student if the employee reasonably believes restraint is necessary in order to: 1. Protect a person, including the person using physical restraint, from physical injury. 2. Obtain possession of a weapon or other dangerous object. 3. Remove a student refusing a lawful command of a school employee from a specific location, including a classroom or other school property, in order to restore order or to impose disciplinary measures. 4. Control an irrational student. 5. Protect property from serious damage.

13 HCISD BOARD POLICIES FOF (LEGAL) :STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES RESTRAINT: A school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations: 1. Restraint shall be limited to the use of such reasonable force as is necessary to address the emergency. 2. Restraint shall be discontinued at the point at which the emergency no longer exists. 3. Restraint shall be implemented in such a way as to protect the health and safety of the student and others. 4. Restraint shall not deprive the student of basic human necessities. 19 TAC (c)

14 HCISD BOARD POLICIES FOF (LEGAL) :STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES (continued) “Restraint” means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student’s body. “Emergency” means a situation in which a student’s behavior poses a threat of: 1. Imminent, serious physical harm to the student or others; or 2. Imminent, serious property destruction. 19 TAC (b)(1)–(2) TRAINING: Training for school employees, volunteers, or independent contractors regarding the use of restraint shall be provided according to the requirements set forth at 19 Administrative Code (d).

15  As an administrator of Harlingen CISD, you have a duty to provide a learning and working environment that is free of unlawful harassment including but not limited to sexual harassment.  Further, as an administrator of Harlingen CISD, you are expected to: *Model desired ethical behavior. *Stop any type of unwanted behavior by saying NO and reporting the behavior immediately. *Train your employees to stop any type of unwanted behavior by saying NO and reporting the behavior to you immediately.  Remember that liability begins when you are deliberately indifferent

16  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 (1998)

17  Strict Liability – Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.  Vicarious Liability – Liability that an employer bears for the actionable conduct of an employee based on the relationship between the two parties.

18 HCISD Human Resources Department

19 AUGUST 2014 HCISD Human Services Department

20 AUGUST 2014 HCISD Human Services Department

21 The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community. DH(LOCAL)

22  An employee shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [See FFH]

23  An employee shall not use tobacco products on District premises, in District vehicles, or at school or school-related activities. [See also GKA]

24 An employee shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at school or at school-related activities during or outside of usual working hours: 1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate. 2. Alcohol or any alcoholic beverage. 3. Any abuseable glue, aerosol paint, or any other chemical substance for inhalation. 4. Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drug. An employee need not be legally intoxicated to be considered “under the influence” of a controlled substance. See DH LOCAL

25  The dress and grooming of a District employee shall be clean, neat, in a manner appropriate for his or her assignment, and in accordance with the following standards:  An employee shall be are expected to dress in a manner that projects a professional image for the employee, District, and community.  Style of clothing for males and females shall always reflect a professional and business-like atmosphere. Dresses, slacks, skirts, and blouses for females should not attract unfavorable attention. Males shall be expected to wear slacks, shirts, or appropriate professional attire.  Administrators and supervisors shall have the discretion to determine appropriateness of attire for all personnel in certain grades or subjects (physical education, agriculture, auto mechanics, building trades, special education), or for medical necessities. [See also DH]

26 The following standards shall apply:  Cleanliness and neatness are expected of all staff at all times.  Halters, garments with bare shoulders, bare backs, tank tops, spaghetti straps, muscle shirts, see-through garments, and revealing or provocative necklines shall not be permitted. In addition, clothing with symbols, inappropriate language, phrases or slogans advertising tobacco, alcohol products, controlled substances or political advertisements is unacceptable.  Blue denim jeans or blue denim capri pants shall not be worn on days when students are in regular attendance except for special emphasis days with the approval of the principal. When denim clothing is designated, it shall be clean and neat with no holes, extreme fading, or worn look. See DH LOCAL

27 X

28  An employee shall notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of the other offenses as indicated below:  Crimes involving school property or funds;  Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator; See DH LOCAL

29  Crimes that occur wholly or in part on school property or at a school-sponsored activity; or  Crimes involving moral turpitude, which include:  Dishonesty; fraud; deceit; theft; misrepresentation;  Deliberate violence;  Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;

30  Felony possession or conspiracy to possess, or any misdemeanor or felony, transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in Chapter 481 of the Health and Safety Code;  Felony driving while intoxicated (DWI) or; Acts constituting public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct, if any two or more acts are committed within any 12-month period;  Acts constituting abuse or neglect under the Texas Family Code. See DH LOCAL

31 SBEC may take disciplinary action against a certified educator (employee) for the following reasons: 1. An educator (employee) has conducted school or education activities in violation of law; 2. An educator (employee) is unworthy to instruct or supervise the youth of the state; 3. An educator (employee) has violated the Code of Ethics; 4. An educator (employee) has failed to report or has hindered the reporting of child abuse or the known criminal history of an educator as required by law and Board rules; 5. An educator (employee) has abandoned his or her contract; 6. An educator (employee) has failed to cooperate with a Board investigation; 7. An educator (employee) has been convicted of a crime directly related to the duties and responsibilities of the education profession, or 8. An educator (employee)has violated the security or integrity of a state assessment. The above list is not exclusive. SBEC may take disciplinary action against an educator on other grounds or measures available by law. What kinds of behavior can lead to disciplinary action by SBEC?SBEC

32 1. Any crime involving moral turpitude; 2. Any crime involving sexual or physical abuse of a minor or student or other illegal conduct with a minor or student; 3. Any crime for which the underlying facts would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance; 3. Any crime involving school property or funds; 4. Any crime involving an attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle a person to hold or obtain a position as an educator; 5. Any crime that occurs wholly or in part on school property or at a school- sponsored activity; or 7. Felonies involving driving while intoxicated. DH (LOCAL) What kinds of crimes does SBEC consider to be directly related to the duties and responsibilities of the education profession?

33  No, SBEC can investigate and discipline anyone who holds a certificate issued under Chapter 21, Subchapter B of the Texas Education Code. This includes teachers, librarians, counselors, educational diagnosticians, administrators and paraprofessionals.  HCISD will investigate and discipline any employee who violates state or federal law or board policy.

34 HCISD Human Resources Department

35 AS HCISD ADMINISTRATORS IT IS YOUR RESPONSIBILITY TO:  Provide sexual harassment prevention and ethics training to every employee on an annual basis;  Provide sexual harassment prevention and ethics training to mid-year hires;  Ensure that staff attendance for Sexual Harassment Prevention Training and Ethics Training is documented in Eduphoria for your information and for accessibility to Human Services.

36  Define Sexual Harassment  Define and detail Ethics as expected at HCISD  Give examples of each  Identify and review District policies  Direct employees to self advocate, say NO, and report sexual harassment and unethical behavior immediately HCISD Sexual Harassment Prevention & Ethics Training

37  Duty to respond promptly  Take all claims seriously  Investigate all claims – even if formal complaint not filed  Reduce oral complaints to writing  Use consistent investigation procedures  Meaningful investigation

38  Follow up on all relevant information  Do not ignore prior complaints against alleged harasser  Follow timelines and procedures set out in HCISD Board Policy DIA (LOCAL)  Issue final report to District Title IX Coordinator  Follow documentation format and procedures  Utilize resources available to you including, but not limited to, the HCISD Administrator Tool Kit HCISD Administrators Tool Kit Log In Please enter the user name and password below to access the Administrators Tool Kit, then click the Login button. ENTER USER NAME : ENTER PASSWORD :

39 HCISD Human Resources Department


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