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: • 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; CONTINUED BOARD POLICY 4316 10/23/08 srk 4316(b) • • 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: • • • 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: • • • • • • • • • • • • • • • • • 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.); CONTINUED BOARD POLICY 4316 10/23/08 srk 4316(c) • • 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 BOARD POLICY 4316 10/23/08 srk