Superintendent and Executive Leader Seminar Series Executive Leaders Seminar Charter School Legal Issues: What You Need to Know Sexual Harassment & Risk Management: Important Issues Robert Bambino, CPCU, ARM Wright Specialty February 6, 2013 Sexual Harassment & Risk Management: Important Issues • Conducing a Risk Assessment Past Events/Regulatory Complaints/Litigation Complaints Observations Grapevine Employee Discipline Recommendations Sample Anti-Harassment/ Discrimination Program Anti Harassment Workable Policies Complaint Procedures Investigate Fairly Look for Informal Train Resolutions Prevent Retaliation Email Monitor the Environment Social Media Maintain a Harassment-Free Workplace Sample Anti-Harassment/ Discrimination Program Anti-Harassment Policies • Up-to-date and legally compliant • All employees comply • All employees get a copy of the policy Workable Complaint Procedures • Need to be easy to use • Complaints cannot be ignored • Refer complaints to intake officers Investigate Fairly Select the right investigator! •Fair and impartial – no conflicts of interest •Familiar with the school’s policies and applicable laws •Can maintain confidentiality Seek Informal Resolutions • Best with “minor” complaints • Changes in work area/schedule Sample Anti-Harassment/ Discrimination Program Training • Demonstrates commitment • Explains what is prohibited • Can aid in defense of claims Prevent Retaliation • Address in policy and training • Monitor after a complaint is filed Email • Can be a source of harassment • Permanent record • Need acceptable use policy Social Media • Social media policy is needed Monitor the Environment • “Special” employees • Complainants and accused Sample Anti-Harassment/ Discrimination Program Examples of “Red Flags” Dirty or sexually explicit jokes Sexual comments Propositions or requests for sexual favors Pornography E-mail jokes or pictures of a sexual nature Pin-up posters or calendars Inappropriate touching Stalking Questions/Comments? Robert Bambino Wright Specialty 516 750-9403 rbambino@wrightinsurance.com