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Safer Schools. Safer Students. Better Future. Franklin County Board of Education Sexual Harassment Staff Annual Training COPYRIGHT – Montgomery Insurance.

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Presentation on theme: "Safer Schools. Safer Students. Better Future. Franklin County Board of Education Sexual Harassment Staff Annual Training COPYRIGHT – Montgomery Insurance."— Presentation transcript:

1 Safer Schools. Safer Students. Better Future. Franklin County Board of Education Sexual Harassment Staff Annual Training COPYRIGHT – Montgomery Insurance Company 2009 All Rights Reserved

2 Safer Schools. Safer Students. Better Future. Agenda Background Peer/Peer Harassment Staff/student harassment Prevention/Mitigation strategies

3 Safer Schools. Safer Students. Better Future. Related FCS Policy 1710 Prohibition against discrimination, harassment and bullying 1737 Sexual harassment complaint procedure for students 1755 Employee sexual harassment grievance procedure

4 Safer Schools. Safer Students. Better Future. Sexual Harassment Defined Sexual harassment is unwanted sexual or gender based behavior that occurs when one person has formal or informal power over the other.

5 Safer Schools. Safer Students. Better Future. Three Elements A.The behavior is unwanted or unwelcome. B. The behavior is sexual or related to the gender of the person. C. The behavior occurs in the contest of a relationship where one person has more formal power than the others (such as a supervisor over an employee or a faculty member over a student) or more informal power (such as one peer over another.

6 Safer Schools. Safer Students. Better Future. Sexual Harassment Background Title IX of the Education Amendments of 1972 (Title IX)1 and its implementing regulations (28 CFR et seq.) apply to all public and private educational institutions that receive federal funds, including elementary and secondary schools, school districts, colleges and universities.

7 Safer Schools. Safer Students. Better Future. Sexual Harassment Background Title IX: says that no individual may be discriminated against on the basis of sex in any educational program or activity includes sexual harassment between students covers any event, program or activity that is academic, educational, extra- curricular or athletic.

8 Safer Schools. Safer Students. Better Future. Sexual Harassment Background Title IX also applies to any program, activity or event that takes place in facilities operated by the school, in vehicles operated by the school or at other locations that are sponsored by the school.

9 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student Defined as: Any unwelcome sexual conduct by any other student that is severe, persistent or pervasive enough to limit a student’s ability to participate in or benefit from an education program or activity, or that creates a hostile or abusive educational environment.

10 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student Conduct can be: Nonverbal verbal Physical Not necessarily have to be aimed at the student who is complaining of harassment.

11 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student Student/Student sexual harassment does not include: Legitimate non-sexual touching or conduct Simple horseplay, childish vulgarities, adolescent flirting or other simple childish behavior.

12 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student As a teacher or member of the school staff, if you are aware or suspect a possible peer sexual harassment situation it MUST be immediately reported to proper school authorities.

13 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student The school has the responsibility of: Immediately investigating Ending any potential harassment Eliminating a hostile environment if one has been created Prevention of further/future harassment School is required to do this even if the student does not make a complaint.

14 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student A school may be legally aware of a possible peer sexual harassment (aka, given notice) if: An alleged victim complains to a teacher or school district employee. An alleged victim’s parent(s) or guardian(s) contact the school about an incident of sexual harassment Someone on the school district’s staff is contacted by any other person regarding alleged sexual harassment Someone on staff actually witnessed the occurrence

15 Safer Schools. Safer Students. Better Future. Sexual Harassment Student/Student A school may be legally aware of a possible peer sexual harassment (aka, given notice) if: Fliers, papers, graffiti or other writings are posted on school property or distributed in the school about harassment incidents, or if the posting lead to new incidents of harassment Historically, other alleged incidents of sexual harassment went uninvestigated even though they warranted investigation There is a widespread or open practice of harassment that is well known to students and faculty.

16 Safer Schools. Safer Students. Better Future. Examples Student/Student Mooning Streaking Exposing genitals Biting a female’s breast/backside Shouting obscenities Leaving obscene messages Bra, pants, shorts or skirt snapping Pulling down someones pants, shorts/skirt Flipping up skirts Teasing anyone about their sexuality, breasts or genitals Telling someone what sexual favors the speaker would like to engage with someone Whistling or yelling at women who walk by or rating them Threatening rape Pressing one’s body against someone

17 Safer Schools. Safer Students. Better Future. Sexual Harassment Educator-Staff/Student As with peer harassment, harassment of students is usually defined as “any unwelcome sexual conduct that is severe, persistent or pervasive enough to limit a student’s ability to participate in or benefit from an education program or activity, or that creates a hostile or abusive educational environment.”

18 Safer Schools. Safer Students. Better Future. Sexual Harassment Educator-Staff/Student This definition is further weighted by the fact that this type of harassment comes from someone in a position, or perceived position, of power.

19 Safer Schools. Safer Students. Better Future. Requests for Sexual FavorsRequests for Sexual Favors Sexually Motivated Physical ContactSexually Motivated Physical Contact Sexual Speech, Comments, or ConductSexual Speech, Comments, or Conduct Staring or LeeringStaring or Leering Suggestive GesturesSuggestive Gestures Sexual JokesSexual Jokes Sex GossipSex Gossip Feigned “Accidental” ContactFeigned “Accidental” Contact Displaying PornographyDisplaying Pornography Threats or BullyingThreats or Bullying Offering Sexual FavorsOffering Sexual Favors UNLAWFUL, ABUSIVE AND HARASSING CONDUCT INCLUDES:

20 Safer Schools. Safer Students. Better Future. Direct/Indirect threats/bribes for unwanted sexual activityDirect/Indirect threats/bribes for unwanted sexual activity Sexual comments/innuendoesSexual comments/innuendoes Intrusive sexually explicit questionsIntrusive sexually explicit questions Sexually suggestive sounds or gesturesSexually suggestive sounds or gestures Repeatedly asking a person out on a date or to have sexRepeatedly asking a person out on a date or to have sex A neck/shoulder massageA neck/shoulder massage Rating a person’s sexualityRating a person’s sexuality Spreading rumors about a person’s sexualitySpreading rumors about a person’s sexuality Name calling (bitch, slut, whore)Name calling (bitch, slut, whore) Sexual ridiculeSexual ridicule Stalking a personStalking a person Attempted or actual sexual assaultAttempted or actual sexual assault More Examples:

21 Safer Schools. Safer Students. Better Future. Sexual Harassment Educator-Staff/Student What position is most likely the abuser?

22 Safer Schools. Safer Students. Better Future. Sexual Harassment Educator-Staff/Student Who is most likely the victim?

23 Safer Schools. Safer Students. Better Future. USUAL CAUSES OF ACTION Intentional Or Negligent Infliction Of Emotional Distress/OutrageIntentional Or Negligent Infliction Of Emotional Distress/Outrage Negligent Hiring, Retention And SupervisionNegligent Hiring, Retention And Supervision Assault & BatteryAssault & Battery Failure To ReportFailure To Report Failure To InformFailure To Inform RetaliationRetaliation

24 Safer Schools. Safer Students. Better Future. Prevention/Mitigation Strategies for teachers and staff Review and understand your school policies concerning harassment/sexual harassment. This applies to both student and staff handbooks. Know how your jurisdiction defines child abuse and when and how to report suspected abuse. Know who your internal contacts are for reporting rumors and suspected abuse.

25 Safer Schools. Safer Students. Better Future. Prevention/Mitigation Strategies for teachers and staff Participate/conduct on-going training on harassment/sexual harassment. Applies both to staff meetings and training for students. Training should include issues such as: –What is harassment/sexual harassment –When and how to report –Jurisdictional requirements –Confidentiality –Retaliation –Training needs to be documented

26 Safer Schools. Safer Students. Better Future. Prevention/Mitigation Strategies for teachers and staff Participate in the removal of opportunity for sexual harassment to occur. Such as: –Prohibiting the covering of interior windows (doors) –Prohibiting blinds to be drawn at unusual times –Prohibiting staff members to drive students to/from events –Prohibiting staff to have private storage or supply areas

27 Safer Schools. Safer Students. Better Future. Prevention/Mitigation Strategies for teachers and staff For student/student---active supervision

28 Safer Schools. Safer Students. Better Future. Thoughts, Ideas, Questions…

29 Safer Schools. Safer Students. Better Future. The information included in this presentation is general in nature and was obtained from sources believed to be reliable at the time it was created. No attempt has been made to interpret any referenced codes, standards, or regulations. Please refer to the appropriate code-, standard-, or regulation-making authority for interpretation or clarification


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