Because all employees have the right to work in a non-intimidating environment, harassment will not be condoned or tolerated. Harassment, intimidation, or bullying means any intentional written message or image, verbal or physical act, including, but not limited to, one shown to be motivated by race, gender; creed; religion; color; ancestry; national origin; sex; honorably discharged veteran or military status; sexual orientation, including gender expression or identity; marital status; age; mental or physical disability; or the use of a trained guide dog or service animal by a person with a disability when such act: a) physically harms an individual or damages the individual’s property; or b) has the purpose or effect of substantially interfering with an individual’s work performance; or c) is so severe, persistent, or pervasive that it creates an intimidating or threatening work environment; or d) has the effect of substantially disrupting the orderly operation of the workplace or school.
Harassment, Intimidation, or Bullying
“Harassment, intimidation, or bullying” can take many forms including, but not limited to slurs, rumors, “put-downs,” jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats, or other written, oral, physical, or electronically transmitted messages or images. Nothing in this policy requires the affected individual to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying. This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment.
Sexual harassment is a type of harassment and occurs when the types of verbal, visual, or physical conduct described above are sexual in nature or are based on gender. Conduct is gender-based when it would not occur but for the sex of the person to whom it is directed. Sexual harassment exists when: (1) submission to the conduct is, either explicitly or implicitly, a term or condition of employment; or (2) submission to or rejection of the conduct is used as the basis of an employment decision affecting such individual; or (3) the conduct unreasonably interferes with the individual's job performance or creates a work environment that is intimidating, hostile or offensive.
Harassing conduct includes repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or about his/her appearance, the display of sexually suggestive objects or pictures, and any offensive or abusive physical contact. Harassment, including sexual harassment, does not refer to casual conversations or compliments of a socially acceptable nature. It refers to behavior related to the above definitions which is not welcome, is personally offensive, and interferes with efficacy or creates uneasiness.
Retaliation for a Complaint of Harassment, Intimidation, or Bullying
All employees and students are prohibited from harassing, intimidating, or bullying any employee and/or from retaliating, in any way, against anyone who makes a complaint of harassment, intimidation, or bullying.
Any employee who is found to have violated this policy will be subject to disciplinary action up to and including termination of employment consistent with collective bargaining agreements and state and federal laws. Any student who is found to have violated this policy or building regulations governing harassment will be subject to discipline according to the building discipline code and Policy JG.
Complaint Procedure: Informal Process
If any employee feels he/she has been subjected to harassment, intimidation, or bullying of any kind, he/she is encouraged to immediately identify the offensive behavior to the harasser and request that it stop. If the person is uncomfortable addressing the matter directly with the harasser or if the person has done so and the behavior does not stop, then he/she should discuss the matter immediately with the building administrator or with the Director of Human Resources. He/she should also report, as indicated above, any problems that arise with community members or other persons encountered in the school or work place.
Complaint Procedure: Formal Process
Whether or not an informal process has been initiated, employees may file a formal written and signed complaint with the applicable compliance officer as designated above.
Any complaint received will be promptly investigated, and the district will take prompt corrective action where appropriate. A written report of the complaint and investigation results will be compiled. Results of the investigation will be communicated in writing to the complainant as soon as possible. Appropriate corrective measures will be taken as soon as possible following completion of the investigation.
It is a violation of this policy to knowingly report false allegations of harassment, intimidation, or bullying. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
This policy and related procedure/administrative guidelines will be posted and disseminated in each work site and reviewed with employees on an annual basis.