ACB-R (PDF for posting)

Because all employees and students have the right to work and learn in a non-intimidating environment, harassment will not be condoned or tolerated. Harassment of any employee or student, on the basis of individual differences including, but not limited to: gender, religion, race, age, ethnic group, disability, physical condition, sexual orientation or marital status is a serious violation of district and school policy.

Harassment:
Harassment can take many forms and can include bullying, intimidation,slurs, comments, rumors, "put-downs", jokes, innuendoes, unwelcome compliments, cartoons, pranks and/or other verbal or physical conduct relating to an individual which (1) has the purpose or effect of creating an intimidating, hostile or offensive working or learning environment; (2) has the purpose or effect of unreasonably interfering with an individual's work performance or education; 3) has the purpose or effect of substantially disrupting the orderly operation of the school or workplace; or (4) otherwise unreasonably affects an individual's employment or educational opportunities.

Sexual Harassment:
Sexual harassment is a type of harassment and occurs when the types of verbal and physical conduct described above are sexual in nature. Conduct is gender-based when it would not occur but for the sex of the person to whom it is directed. Sexual harassment is defined as verbal, visual, or physical advances made within the work and school setting and unwelcome by the person. Sexual harassment exists when: (1) submission to the conduct is, either explicitly or implicitly, a term or condition of employment or education; or (2) submission to or rejection of the conduct is used as the basis of an employment or educational decision affecting such individual; or (3) the conduct unreasonably interferes with the individual's job or educational performance or creates a work environment that is intimidating, hostile or offensive.

Definitions:
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, or 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 which interferes with efficacy or creates uneasiness.

Retaliation for a Complaint of Harassment:
All employees and students are prohibited from harassing any other employee or student and/or from retaliating, in any way, against anyone who makes a complaint of harassment.

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. Sexual harassment by or against students is also prohibited. 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.

Complaint Procedure: Informal Process
If any employee or student feels he/she has been subjected to harassment of any kind, they are 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 they should discuss the matter immediately with the building administrator or any administrator with whom they feel comfortable or with the Administrator of Employee Relations. They 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, staff or students may file a formal written and signed complaint with the compliance officer.

Investigative Procedures:
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 within thirty days. Appropriate corrective measures will be taken no more than thirty days from the written response.

False Reports:
It is a violation of this policy to knowingly report false allegations of harassment. 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 and students on an annual basis.

Adopted:
5/7/90

Revised:
10/4/93
9/7/99
3/3/03