Harassment and/or Discrimination August 2015

Definition Unlawful behavior based on race, color, national origin, age, religion, sex, or disability of an employee involving intimidation by threats of or actual physical violence, the creation by whatever means, of a climate of hostility or intimidation or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred or prejudice.

Prohibition Harassment/Discrimination is prohibited at all times on school property and off school grounds during school-sponsored activities. This prohibition also applies to visitors to the school who may come into contact with employees and students. (Acts of harassment/discrimination based on sex may be committed by persons of the same sex or the opposite sex)

Disciplinary Action Employees who engage in harassment/discrimination of another employee or a student on the basis of any of the areas mentioned in the definition shall be subject to disciplinary action including but not limited to termination of employment.

Guidelines If you believe that you have been a victim of discrimination or harassment or if you have observed a possible incident, you must report it immediately. In schools, report it to the principal or to the superintendent of schools. If not assigned to a school, the report may be made to your immediate supervisor.

Sexual Harassment or Discrimination If the complaint fits into this category, the report can be made directly to the sexual harassment officer of the district or the superintendent

No Report??? Without informing the appropriate person of the incident(s), there is legally no report made. Therefore, it is imperative that this report be made to the appropriate person.

The Superintendent Shall… Commence an investigation as soon as circumstances allow, but no later than three working days from the submission of the report. Ensure that within thirty working days a written report is completed – unless additional time is needed for additional agency investigations such as law enforcement.

Prohibited Conduct Examples May Include the Following: 1. nicknames, slurs, stories, jokes, written material, or lewd, vulgar, or profane pictures 2. Unwanted touching, sexual advances, requests for sexual favors, and spreading sexual rumors 3. Causing an employee to feel that they must submit to unwelcome sexual conduct in order to keep job or that personnel decision will be based on this

Prohibited Conduct Examples May Include the Following: 4. Implied or overt threats of physical violence, acts of aggression, or assault 5. Seeking to involve individuals with disabilities in antisocial, dangerous, or criminal activity. 6. Destroying or damaging property

Confidentiality Confidentiality Investigators of complaints will try to conduct a confidential investigation, as much as possible, to protect the privacy and the anonymity of all parties

Appeal Appeal Upon completion of the investigation and correction of the conditions, any party may appeal in writing any part of the findings and corrective actions to the superintendent.

Reporting Failure by an employee or supervisor to report, notify, and/or initiate an investigation of alleged complaint shall cause disciplinary action to be taken.

Retaliation Prohibited No one shall retaliate against an employee or student because she or he files a written complaint or assists in the investigation. The superintendent shall take steps to protect students and employees, which could include disciplinary action

False Complaints Deliberately false or malicious complaints may result in disciplinary action

Examples of Harassment/Discrimination Nicknames, slurs, jokes, lewd, vulgar or profane language or material Nicknames, slurs, jokes, lewd, vulgar or profane language or material Unwanted touching, sexual advances, requests for sexual favors, spreading sexual rumors Unwanted touching, sexual advances, requests for sexual favors, spreading sexual rumors Belief that one must submit to sexual advances to keep their job Belief that one must submit to sexual advances to keep their job Implied or overt threats of violence Implied or overt threats of violence Destroying or damaging property Destroying or damaging property

Video Clips Reporting and Preventing Sexual Harassment— 6:05 Reporting and Preventing Sexual Harassment— 6:05 Male Student to Teacher Example—3:42 Male Student to Teacher Example—3:42 Mentor to Teacher Example—1:52 Mentor to Teacher Example—1:52

R EFERENCES : 1 KRS KRS USC 2000e, Civil Rights Act of 1964, Title VII, KRS Chapter C.F.R , Equal Employment Opportunity Commission (EEOC) Regulations Implementing Title VII 20 U.S.C. 1681, Education Amendments of 1972, Title IX 34 C.F.R , U.S. Department of Education Office for Civil Rights Regulations Implementing Title IX Genetic Information Nondiscrimination Act of 2008 R ELATED P OLICIES : , , 03.16, , ,