Sexual Harassment Prevention Management Team Training December 4, 2007

Sexual Harassment Prevention Definitions – Types of Sexual Harassment – Legal Framework District Policy Responsibility – Reporting – Liability and Consequences How to Avoid How to Handle

What is Sexual Harassment? Unwelcome sexual advances for sexual favors or other verbal or physical conduct of a sexual nature –Submission is a condition of employment –Submission affects employment decisions –Creates intimidating, hostile, offensive work environment

Types of Sexual Harassment Quid pro quo –Supervisor requires sexual favors as a condition of employment –Submission to or rejection of advances is used as a basis for employment decisions Hostile work environment –Verbal –Physical –Visual –Sexual favors

Unwelcome Conduct? Only unwelcome conduct is considered sexual harassment. –Consensual dating, joking, and touching are not considered harassment if not unwelcome or offensive. –Recipient’s reaction determines if unwelcome.

Standards for Judgment “…eye of the beholder” Reasonable woman Reasonable victim

Is Your Behavior Unwanted? Ask yourself these questions: –Would I want this behavior written about in the media? –Would I behave this way if a member of my family were present? –Would I want someone to act this way toward someone I love? –Is this behavior agreed upon by me and the other person? –Does this behavior further the goals of the school or district?

Legal Framework –Title VII –Title IX –CA Government Code –CA Education Code –CA Fair Employment and Housing Act

Responsibility and Reporting of Sexual Harassment Employee complaint –Investigation –Immediate and appropriate action Student complaint –Investigation –Immediate and appropriate action

Liability Employer is liable for acts of management with or without knowledge of harassment. Employer is liable for acts of co-workers if employer has knowledge or should have known about harassment. Liability can be avoided through immediate and appropriate action.

Additional Liabilities Liability for acts of non-employees. Liability to those not directly harassed. Personal liability of harasser.

Other Consequences of Sexual Harassment There are no winners. Grievance PERB - Unfair Labor Practice Worker's Compensation Litigation costs Report to CTC

How to Avoid Sexual Harassment Establish a clear policy prohibiting sexual harassment. Establish an effective complaint procedure. Communicate policy and complaint procedure to all employees. Take immediate and appropriate action in response to complaints.

How to Handle Sexual Harassment Avoid engaging in sexual harassment activities. Prevent employees (and students) from sexually harassing others. Investigate complaints: –Interviews. –Weigh evidence. –Seek support. –Take immediate and appropriate action.