Policy 404.05

Harassment

The district is committed to an environment that is free of discrimination and unlawful harassment.

Harassment Defined

Harassment consists of unwelcome conduct, whether verbal, written or physical, that is based upon a person’s protected status, such as sex, race, color, religion, veteran status, national or ethnic origin, marital status, age, disability, genetic information, pregnancy, child birth or related condition, or any other category protected by law. The district will not tolerate discriminatory or harassing conduct that affects tangible job benefits, unreasonably interferes with work effectiveness or educational progress, or creates an intimidating, hostile or offensive environment.

Sexual harassment is defined as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature explicit or implied when (1) submission to such conduct is made either a term or condition of an individuals’ employment or if a student, progress in school, (2) submissions to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or learning environment. Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, jokes, obscene language or gestures, displays of obscene material and physical conduct.

Complaint Procedure

All employees of the district are responsible for reporting incidents of discrimination or unlawful harassment.

  1. If an individual believes that they have experienced or witnessed such conduct within the district, he or she should immediately report the matter to the principal or the director of personnel. All reports will be handled in a timely and confidential manner.
  2. Upon receiving a complaint of discrimination or unlawful harassment, a prompt, thorough and impartial investigation will be conducted. To the greatest extent practicable, the district will keep the complaint and the terms of resolution confidential.
  3. Upon conclusion of the investigation, the district will take prompt and effective remedial action if it determines that discrimination or unlawful harassment has occurred. Any employee found to have engaged in discrimination or unlawful harassment will be subject to appropriate disciplinary action, up to and including immediate discharge.

Employees who report discrimination or unlawful harassment or participate in the investigation will not be subject to retaliation or reprisals as a result of reporting the matter or providing testimony. It is the policy of the district to encourage discussion of the matter and to help protect others from being subjected to similar inappropriate behavior.

Disciplinary Action

Any employee found to have engaged in discrimination or unlawful harassment will be subject to appropriate disciplinary action, up to and including immediate discharge, or suspension and/or expulsion if the offender is a student.

Legal Reference:

42 U.S.C. 2000e et seq. (1994)
29 C.F.R. Pt. 1604.11 (1996)

Cross Reference:  505 Student Discipline

Approved: November 10, 1992
Revised: May 9, 2005
Revised: May 11, 2009
Revised: November 14, 2011
Revised: September 14, 2015
Revised: September 11, 2017