HARASSMENT OF EMPLOYEES D12
(Mandatory)
Policy
The
Montpelier School District is committed to providing all employees a safe and
supportive work environment in which all members of the school community are treated
with respect. Harassment is a form of unlawful discrimination as well as
disrespectful behavior toward others which will not be tolerated.
The
Montpelier School District shall provide employees a work environment free of
unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct, or communications constituting harassment as defined and
otherwise prohibited by state and federal law.
Definitions
1.
Adverse Action Includes any form of
intimidation, reprisal or harassment such as diminishment of grades,
suspension, expulsion, change in educational conditions, loss of privileges or
benefits or other unwarranted disciplinary action in the case of students and
includes any form of intimidation, reprisal or harassment such as suspension,
termination, change in working conditions, loss of privileges or benefits or
other disciplinary action in the case of employees.
2.
Employee For purposes of this policy,
an employee includes any person employed directly or through a contract with another
company by the school district, agents of the school, school board members and
any student teacher, intern, school volunteer or work study student.
3.
Harassment Harassment means unlawful
harassment and constitutes a form of discrimination. It is verbal or physical
conduct based on an employee’s race, religion (creed), color, national origin,
marital status, sex, sexual orientation, age, ancestry, place of birth or
disability which has the purpose or effect of substantially interfering with an
employee’s work or creating an intimidating, hostile or offensive environment.
4.
School Community Includes but is not limited
to all students, school employees, contractors, unpaid volunteers, work study
students, interns, student teachers, and visitors.
5.
Sexual Harassment Is a form of sex
discrimination and means unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when:
submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment; or
submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting such individual; or
such conduct has the purpose or effect of
substantially interfering with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
Examples
Harassment
can include any unwelcome verbal, written or physical conduct which offends,
denigrates, or belittles an individual because of an employee’s race, creed
(religion), color, national origin, marital status, sex, sexual orientation,
age, ancestry or disability. Such conduct includes, but is not limited to,
unsolicited derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking,
name calling, graffiti, innuendo, gestures, physical contact, stalking,
threatening, bullying, extorting or the display or circulation of written
materials or pictures.
Sexual Harassment
Sexual harassment may include, but is not limited
to, unwelcome touching, crude jokes or pictures, discussions of sexual
experiences, teasing related to sexual characteristics, pressure for sexual
activity, whether written, verbal or through physical gestures, display or
sending of pornographic pictures or objects, obscene graffiti, and spreading
rumors related to a person's alleged sexual activities.
Racial and Color Harassment
Racial
or color harassment can include unwelcome verbal, written or physical conduct
directed at the characteristics of a person’s race or color such as nicknames
emphasizing stereotypes, racial slurs, comments on manner of speaking, and
negative references to racial customs.
Religious or Creed Harassment
Harassment
on the basis of religion or creed includes unwelcome verbal, written or
physical conduct directed at the characteristics of a person’s religion or
creed such as derogatory comments regarding surnames, religious tradition, or
religious clothing, or religious slurs or graffiti.
National Origin Harassment
Harassment
on the basis of national origin includes unwelcome verbal, written or physical
conduct directed at the characteristics of a person’s national origin such as
negative comments regarding surnames, manner of speaking, customs, language or
ethnic slurs.
Marital Status Harassment
Harassment
on the basis of marital status includes unwelcome verbal, written or physical
conduct directed at the characteristics of a person’s marital status, such as
comments regarding pregnancy or being an unwed mother or father.
Sexual Orientation Harassment
Harassment
on the basis of sexual orientation includes unwelcome verbal, written or
physical conduct directed at the characteristics of a person’s sexual
orientation such as negative name calling and imitating mannerisms.
Disability Harassment
Harassment
on the basis of a person’s disabling mental or physical condition includes any
unwelcome verbal, written or physical conduct directed at the characteristics
of a person’s disabling condition such as imitating manner of speech or
movement, or interference with necessary equipment.
Harassment
includes, but is not limited to, examples cited in this policy.
Reporting
1.
Mandatory: It is the express policy of the Montpelier School District to encourage
employee targets of harassment to report such claims. Employees who witness
harassment shall report the incident(s) immediately to their immediate
supervisor or another administrator who is not the subject of the complaint as
may be appropriate under the circumstances. Targets of harassment should
directly inform the person engaging in the harassing conduct or communication
that such conduct or communication is offensive and must stop.
2.
Privacy: Complaints will be kept confidential to the extent possible given the
need to investigate and act on investigative results.
3.
Retaliation: There will be no adverse action taken against a person for making a complaint
of harassment when the complainant honestly believes harassment has occurred or
is occurring, or for participating in or cooperating with an investigation. Any
individual who retaliates against any employee or student who reports,
testifies, assists or participates in an investigation or hearing relating to a
harassment complaint will be subject to discipline by the school district.
Administrative Responsibility and Action
1.
Reporting An employee who receives a
complaint of harassment shall promptly inform the principal (or designee) or
another administrator who is not the subject of the complaint.
2.
Investigation The school district is
responsible for acting on any information regarding harassment of which it is
aware. The superintendent shall provide for a thorough, prompt investigation of
the incident; the investigation and written report shall be completed in a
timely fashion in accordance with school procedures after a report or
complaint, formal or informal, written or oral, has been received. No person
who is the subject of a complaint shall conduct such an investigation.
3.
Final Action on Complaint The school district shall
take disciplinary or remedial action as appropriate in order to ensure that
further harassment does not occur. Such action may include, but is not limited
to, education, training, counseling, transfer, suspension and/or expulsion of a
student and education, training, counseling, transfer, suspension and/or
termination of an employee.
4.
False Complaint Any person who knowingly
makes a false accusation regarding harassment will be subject to disciplinary
action up to and including discharge of employees, or suspension and expulsion
of students.
5.
Appeal A person judged to be in
violation of this policy and subjected to action under it may appeal the
determination and/or the action taken in accordance with procedures adopted
under this policy. The procedures shall be consistent with the provisions of
any applicable collective bargaining agreement.
6.
Dissemination The superintendent shall use
all reasonable means to inform students, employees, and the community that the
district will not tolerate harassment. A copy of this policy shall be provided
to students, staff and parents each year and shall be included in the
appropriate materials that are disseminated to the school and community.
7.
Training The superintendent shall
develop age-appropriate methods of discussing the meaning and substance of this
policy with staff and students in order to help prevent harassment. Training may
be implemented in the context of employee professional development and the
school curriculum to develop broad awareness and understanding among all
members of the school community.
Date Warned: November 7, 2003
Date Adopted: November 19, 2003
Legal Reference(s): 9 V.S.A. §§4502 et seq. (Public accommodations); 16 V.S.A. 11(a)(26)
(Definitions)
21 V.S.A. §§495 et seq.
(Unlawful employment practice, sexual harassment)
42 U.S.C. §§2000e et seq.
(Title VII of the Civil Rights Act of 1964)
29 C.F.R. 1604.11 (Equal
Opportunity Employment Commission)
Cross Reference(s): Harassment of Students (F20); Board Commitment to
Non-Discrimination (C06)