NORTH PENN SCHOOL DISTRICT School Board Policy

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NORTH PENN SCHOOL DISTRICT
School Board Policy
4316(a)
PERSONNEL
Reference: Administrative Regulation #4316
Professional and Support Staff
Harassment
It is the policy of the board to maintain an environment in which harassment of employees,
students, or other persons in any form will not be tolerated. Harassment is a form of discrimination
that is offensive, impairs morale, undermines the integrity of employment relationships and causes
serious harm to the productivity, efficiency and stability of the working and learning environment
within the district.
The board prohibits all forms of unlawful harassment, intimidation, and bullying of employees by
district students, other employees, and visitors on school property and/or during any school
sponsored activities/programs off school grounds.
Just as it is the board’s intent to provide a working environment free of harassment, it is also the
board’s intent to provide a learning environment free of harassment for its students. Each employee
and staff member shall be responsible to maintain an educational environment free from all forms of
unlawful harassment. Accordingly, employees must understand that harassment of students or
employees under any circumstance is wrong, will not be tolerated, and will result in appropriate
disciplinary action up to and including termination of employment. .
To ensure that students and employees are free from unlawful harassment, the board has
established complaint procedures (Administrative Regulation 4316) to provide a mechanism for
addressing and resolving complaints of unlawful harassment. The board encourages employees
who have been harassed to report promptly such incidents to the designated employee.
The board directs that complaints of harassment shall be investigated promptly, and corrective
action be taken when allegations are substantiated. The board designates the manager of human
resources as the district’s compliance officer.
Confidentiality of all parties shall be maintained, consistent with the district’s legal and investigative
obligations. There will be no reprisals nor retaliation as a result of good faith charges of
harassment.
Definitions
A. For the purpose of this policy, harassment shall consist of verbal, written, graphic or physical
conduct relating to an individual’s race, color, religion, ancestry, sex, national origin/ethnicity,
age, marital status, sexual orientation, gender identity, military status, and/or disability when
such conduct:
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is sufficiently severe, persistent, or pervasive that it affects an individual’s ability to
participate in or benefit from an educational program or activity or creates an intimidating,
threatening, or abusive educational or work environment;
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4316(b)
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has the purpose or effect of substantially or unreasonably interfering with an individual’s
academic or work performance; or
otherwise adversely affects an individual’s learning or employment opportunities.
B. Harassment can include any unwelcome verbal, written or physical conduct which offends,
denigrates, or belittles an employee or student.
C. Racial and ethnic harassment includes the use of any derogatory word, phrase or action
characterizing a given racial or ethnic group that creates an offensive learning or working
environment.
D. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other inappropriate verbal, visual, written, graphic or physical
conduct of a sexual nature when:
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submission to the conduct is explicitly or implicitly made a term or condition of an
individual’s academic status, employment good standing, or progress;
submission to, or rejection of the conduct by the individual is used as the basis of academic
or employment decisions affecting the individual, or for any decision affecting the individual
regarding the benefits, services, treatments, educational aid, honors, programs, or activities
available at or through the district; or
the conduct is sufficiently severe, persistent, or pervasive that it has the purpose or effect of
substantially interfering with the individual’s academic or work performance, or of creating
an intimidating, hostile, or offensive educational or work environment.
Sexual harassment can take a variety of forms ranging from subtle pressure to physical assault.
Examples of sexual harassment include, but are not limited to:
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remarks, comments, slurs, jokes, threats, or epithets of a sexual or vulgar nature;
sexual innuendoes;
sexual flirtations, advances, or propositions;
continued expressions of sexual interest after being informed that the interest is
unwelcomed;
verbal abuse of a sexual nature;
using sexually degrading words to describe an individual
making graphic or suggestive comments about an individual’s dress or body;
making references to sexual activities;
offering favors or benefits, such as favorable grades, assignments, or duties in exchange for
sexual favors;
leering;
making sexual or obscene physical gestures;
suggestive or obscene letters, notes, or invitations;
displaying sexually suggestive objects, calendars, photographs, pictures, or cartoons;
graffiti of a sexual or vulgar nature;
overt sexual conduct;
sssault, unwanted touching or sexual contact, impeding or blocking movement, or threats
thereof;
coercive sexual behavior used to control, influence, or affect the educational or employment
opportunities, grades, and/or learning environment of a student, work environment of an
employee, including promises or threats regarding grades, course admission, performance
evaluations, or recommendations; enhancement or limitation of student benefits or services
(e.g. scholarships, financial aid, work study job, promotions.);
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4316(c)
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creating an atmosphere of sexual harassment or intimidation, or a hostile or offensive
educational or work environment based on sexual harassment; or
making another feel uncomfortable or isolated for not participating in or responding to
sexual jokes, cartoons, comments, or overtures.
Procedure
Any employee who feels he/she has been a target of harassment should immediately report the
alleged harassment to the district compliance officer (manager of human resources) in order to
commence a complaint in accordance with Administrative Regulation #4316. Each complaint filed
will be carefully investigated and all findings documented in writing. All information obtained will be
held in strictest confidence and will be discussed only on a need-to-know basis to investigate the
matter.
Any action taken as a result of the investigation will depend upon the facts of each case.
Disciplinary actions, if applicable, may range from a warning to expulsion for students, and from a
warning to termination for employees.
No student will be subject to any form of discipline for pursuing a harassment complaint, or
cooperation in the investigation of a harassment complaint, unless it is found that such student or
employee knowingly filed a false claim of harassment against another student or employee or
knowingly provided false information related to the investigation or a harassment complaint.
Each employee and staff member shall be responsible to maintain an educational and work
environment free from all forms of unlawful harassment. Each student and employee shall be
responsible to respect the rights of other students and district employees and to ensure an
atmosphere free from all forms of unlawful harassment.
If any employee has any questions with regard to this policy, he/she should contact the district
compliance officer.
Policy:
Adopted: October 18, 1990
Reviewed: May 16, 1991
Revised: October 21, 1993
Amended: September 17, 1998
Amended: October 23, 2008
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