A. PURPOSE: To define and outline the District’s commitment to protect employees from conduct that has the effect of degrading or intimidating another individual and to promote a work environment of dignity and respect for all District employees.
B.
ISSUE: The
C. POLICY: The Board of Education believes that employees’ personal safety and dignity, and their ability to perform their jobs effectively, are of prime concern. A respectful work environment is essential to the well-being of our employees. Therefore, the District will not tolerate harassment in the workplace. Harassment is defined as verbal or physical acts which have the effect of degrading or intimidating another individual. While some forms of harassment, such as sexual harassment, involve more specific types of conduct, the District is committed to providing a work environment in which all individuals are treated with dignity and respect. Verbal or physical conduct which demeans another individual, particularly if that conduct occurs in a public setting, will not be tolerated. In addition, verbal or physical conduct which is based on a person’s race, sex, national origin, age, color, marital status, disability, religion or any other legally protected characteristic is a violation of this policy. The District administration and all supervisory personnel are responsible for maintaining a work environment free from harassment.
All employees are prohibited from taking any retaliatory action against another employee because the employee made a good faith complaint about harassment or other conduct prohibited by this policy. No person who in good faith reports a violation of this policy will be subject to any form of retaliation. Retaliation is a serious violation of this policy which will subject the person committing the retaliation to discipline, up to and including termination.
1. Definitions:
The term employee includes all paid full-time, part-time and substitute
staff, and for these purposes members of the Board of Education
for the
The term employment includes any service performed by paid full-time, part-time and substitute staff, and for these purposes members of the Board of Education for the benefit of the District or students in the District at the request of any authorized employee of the District.
Harassment is defined as verbal or physical conduct which has the effect of degrading or intimidating another individual. Harassment may also include intimidating, offensive or hostile conduct involving an individual’s race, sex, national origin, age, color, marital status, disability, religion or other legally protected characteristic. Harassment occurs when any of the following conditions exist:
a. Submission to such conduct is explicitly or implicitly made a term or condition of an individual’s employment.
b. Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual.
c. Such conduct intentionally or unintentionally creates an intimidating, hostile, or offensive work environment.
d.
Sexual harassment is a form of harassment which involves
unwanted behaviors of a sexual nature.
Any of the following types of conduct may be considered sexual
harassment:
1. The display of pictures or other items of a sexually explicit nature;
2. Pressure for sexual activity;
3. Repeated remarks or jokes with sexual or sexually demeaning implications;
4. Inappropriate touching;
5. Suggestions or demands for sexual involvement accompanied by implied or explicit threats concerning one’s employment;
6. Any act which would constitute sexual harassment under Title 11 of the Delaware Code.
The harasser may be an employee or a student. If the harasser is an employee, she/he will be subject to disciplinary action consistent with this policy up to and including termination. If the harasser is a student she/he will be subject to discipline pursuant to Data Code 21 or 39 of the Code of Student Conduct.
2. Implementation:
The Superintendent or a Designee will assure that staff training on this policy is completed every two years. Additionally, information about this policy will be provided to all new staff upon the beginning of his/her employment. Students will receive training through the presentation of the Code of Student Conduct at the beginning of each school year.
All allegations of harassment shall result in immediate investigation. In the case of an alleged harasser who is an employee, the District’s administrative procedure specified in the Guidelines For Principals/Designees and Managers/Supervisors When Receiving A Report of a Harassment Complaint (employee) will be used to resolve all allegations of harassment in a timely manner. The Superintendent and Board will be kept apprised of the allegation and investigation to the extent practicable and as specified in the Guidelines.
If harassment occurred, the District will take appropriate corrective action. Written documentation of the incident and the corrective action taken will be placed in the employee’s permanent personnel file.
a. Determinations of severe, persistent or pervasive harassment:
In all cases in which the District determines, following an investigation and hearing, that an incident of severe, persistent or pervasive harassment has occurred by an employee of the District, termination will be recommended to the Board by the Superintendent.
b. Second Determinations:
In all cases in which a second determination of harassment is made by the District a hearing will be conducted and the Superintendent may recommend termination.
c. Third Determinations:
In all cases in which an employee has been determined by the District to have twice violated this policy and a third complaint is filed, a hearing will be held and if the District determines that a third offense has occurred, termination of employment will be recommended to the Board by the Superintendent.
d. Other possible consequences for determinations of harassment include, but are not limited to:
· suspension without pay for a period of days;
· demotion;
· other.
In the case of an alleged harasser who is a student, procedures and disciplinary action as set forth in Code of Student Conduct shall be followed.
Acquiescence, silence, or the appearance of consent by the victim of any of the above conditions is not a defense against possible disciplinary action under this policy or the Code of Student Conduct.
The employee who made a good faith complaint and feels that retaliatory actions are occurring may submit a written complaint to the Human Resources Administrator for investigation and possible action. The Human Resources Office shall maintain a procedure for addressing such complaints and subsequent appeals.
Any act of harassment which falls under Title 11 of the Delaware Code may be reported to the appropriate state authorities.
D. REVIEW AND REPORTING: This policy will be reviewed within three years from the date of adoption shown below.
E.
HISTORY: Revised and Adopted
F. REFERENCES:
Title VII of the Civil Rights Act of 1964;
State of