It’s fairly straightforward: * sexual harassment can cause emotional damage * ruin personal lives * end careers. * It can also cost money; lots of money.. * And one more thing – sexual harassment is illegal.

* The best tools to help conquer and eliminate sexual harassment in the workplace * Prevention * Education * Intervention

* School districts are not immune: * It occurs in school districts all across the state. * It is committed by: a. Teachers b. Principals c. Administrators d. Supervisors e. Co-workers f. Parents g. Even students

Harassment does not violate federal law unless it involves discriminatory treatment on the basis of: * race * color * sex * religion * national origin * age of 40 or older * disability

* The victim as well as the harasser may be a woman or a man. * The victim does not have to be of the opposite sex as the harasser. * The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee (parent, vendor, etc.)

* The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. * Unlawful sexual harassment may occur without any financial loss to the victim or discharge of the victim. * The harasser’s conduct must be unwelcome

There are basically two different types of sexual harassment claims: * Quid Pro Quo * Hostile work environment.

Otherwise known as “‘this for that”. This type of harassment occurs when a supervisor or any individual in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.

* The most common type of sexual harassment found in school districts. * The behavior must be so pervasive as to create an intimidating and offensive work environment.

* Occurs through the presence of: a. demeaning or unwelcome visual b. verbal behavior, c. sexual photographs, jokes, d. threats.

* The frequency of the alleged inappropriate behavior (one comment would not suffice) * The severity of the behavior * The conduct of the victim * The context of the alleged harassment * Whether other individuals if put in the place of the victim would have also found the environment to be hostile

* Generally speaking, conduct is unwelcome: * In that the employee does not solicit or incite it. * The sense that the employee regards the conduct as undesirable or offensive. * When confronted with conflicting evidence as to whether the conduct was welcome, the record as a whole and the totality of the circumstances should be evaluated.

* The conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create an abusive environment. A hostile environment claim generally requires a showing of a pattern of offensive conduct. * No one factor alone determines whether particular conduct violates the law. This goes back to carefully examining the totality of the circumstance.

* Harassment committed by the victim’s supervisor * Non-supervisor harassment.

* An employer is always responsible for harassment by a supervisor that culminates in a tangible employment action * If the harassment did not lead to a tangible employment action, the employer is liable unless: a. It exercised reasonable care to prevent and promptly correct any harassment b. The employee unreasonably failed to complain to management or to avoid harm otherwise.

* Significant change in employment status a. hiring b. firing c. promotion d. failure to promote e. demotion f. undesirable reassignment

* Employee’s have a responsibility to report incidents of harassment to the district * The employee must also take reasonable steps to avoid the harm * Failure to report or failure to give the district a chance to correct the problem may result in a finding that a lawsuit by the victim may not go forward * This includes complaints of harassment by individuals outside the school district i.e., parents, vendors, etc.

* Report the Incident to your direct Supervisor * Director * Human Resources Administrator

* Reporting is key. * Get more information regarding your rights through the Department of Fair Employment and Housing (DFEH) * Equal Employment Opportunity Commission (EEOC)

* A fact-finding investigation is necessary, it should be launched * The individual who conducts the investigation will objectively gather and consider the relevant facts. * Possible action that may be taken during the investigation: a. transferring the alleged harasser b. non-disciplinary leave

* Oral or written warning, or reprimand * Transfer or reassignment demotion * Reduction of wages * Suspension * Discharge * Training or counseling for harasser * Monitoring of harasser

* Apology by the harasser * Restoration of leave taken because of harassment * Reinstatement * Expungment of negative evaluation that may have arisen because of harassment

* A district’s responsibility : a. A district’s responsibility to exercise reasonable care to prevent and correct harassment is not limited to implementing an anti-harassment policy and complaint procedure * Correct harassment regardless of whether an employee files an internal complaint, if the conduct is clearly unwelcome.

* Every employee has the responsibility to act in a professional, respectful way toward co-workers * In the end, you will be held responsible for your conduct. * Be mindful of the situations you put yourself in. * Our work environments should model those behaviors that are appropriate examples for our students.