All Personnel
OP 4119.11.01/4129.01/4319.01(a)
RESOLVING SEXUAL HARASSMENT COMPLAINTS
In order to actively enforce its policy and minimize exposure to liability, the County Office has
adopted written guidelines prohibiting sexual harassment. This prohibition applies both to the work
place and to the educational environment.
The County Office shall clearly communicate its policy regarding the prohibition of sexual
harassment and the complaint process by annually distributing a copy of the policy to all staff and
to students and/or their parents/guardians. The notice shall be posted on bulletin boards and may be
addressed on an annual basis at staff meetings.
Staff training on this issue is also a critical area. All staff should be aware of the issue and trained to
increase sensitivity and to recognize sexual harassment.
Purpose: To ensure that employees in the work place and students in the educational environment
are free from sexual harassment.
Timeline: If an informal resolution cannot be or is not affected, the aggrieved party shall file a
formal complaint as soon as possible after the conduct in question has arisen.
Procedures:
1.
Administrator serving in a supervisorial or managerial position who receives a complaint or
observes harassing conduct informs the Deputy Superintendent and/or the County
Superintendent immediately. ADD ASST. SUPT. HR??
2.
Employee, student or other individual who feels aggrieved because of conduct that may
constitute sexual harassment may, but is not required to, directly inform the person engaging
in such conduct that such conduct is offensive and must stop. An aggrieved individual is not
required to complain first to her/his supervisor (in the case of an employee) or to her/his
instructor (in the case of a student), if that supervisor or instructor is the individual who is
harassing the employee or student.
3.
The aggrieved employee, student or other individual files a complaint with an administrator,
the Title IX Officer (i.e., the Assistant Superintendent, Human Resources), and/or the
Deputy Superintendent.
4.
The aggrieved student, employee or other individual provides the following information
when filing a complaint, using the Sexual Harassment Complaint Form (Form # PRS
0412.01) or providing the information verbally:
a.
Identification of the offending person or persons
b.
Reference to specific examples of offensive conduct
c.
Identification of the remedy sought
d.
Description of the informal efforts, if any, made to correct the situation
OP 4119.11.01/4129.01/4319.01(b)
RESOLVING SEXUAL HARASSMENT COMPLAINTS (continued)
Note: All complaints shall be investigated even if they are not filed in writing. The department
director or Deputy Superintendent reviews the complaint and immediately initiates an investigation.
As part of the investigation, the student, employee or other person who is accused of sexual
harassment is interviewed and advised of the contents of the complaint, but is not told the name of
the complaining party.
5.
The department director or Deputy Superintendent immediately investigates the complaint
in a confidential and thorough manner. All persons interviewed are advised of the
confidential nature of the investigation and of the prohibition of retaliation.
6.
Following the investigation of a complaint filed against an employee, student or other
individual, the department director or Deputy Superintendent issues a written determination
within 20 work days, whether harassment has occurred and whether any corrective action is
appropriate. Corrective action may include counseling, warning or initiating disciplinary
procedures against the employee, student or other individual.
7.
The aggrieved person may appeal all decisions to the County Superintendent. Such appeal
must be filed in writing within ten calendar days of the written decision by the department
director or Deputy Superintendent. Notice of this right to appeal is provided to the aggrieved
party. Notice of the right of the aggrieved party to seek assistance through relevant state or
federal agencies is also provided.
8.
County Superintendent issues a final, written decision within seven workdays
9.
The County Office may adopt, and from time to time may revise, further procedures as may
be necessary. Such further procedures may include the following:
a.
Posting and other means of distributing this policy
b.
Developing additional processes under which complaints of sexual harassment will be
handled
c.
Explaining possible civil proceedings and potential legal consequences of sexual
harassment
d.
Training and educating all persons, and in particular supervisors, to better understand
the problem of sexual harassment
Note: The initiation of a complaint of sexual harassment will not cause any reflection on the
complainant nor will it affect such person’s future business dealings with the County Office,
her/his employment, compensation or work assignments or, in the case of students, grades,
class section or other matters pertaining to her/his status as a student in any County Office
program.
OP 4119.11.01/4129.01/4319.01(c)
RESOLVING SEXUAL HARASSMENT COMPLAINTS (continued)
This policy is intended to supplement and not replace any applicable state and federal laws and
regulations. Formal complaints under those laws and regulations shall be processed through the
procedures established by applicable state and federal agencies.
It is expected that questions may arise concerning the interpretation of the prohibition against sexual
harassment, the methods and procedures to be followed in the investigation of complaints and the
appropriateness of specific solutions in the disposition of complaints. For assistance in these
matters, an aggrieved person may contact the County Office Title IX Officer (the Assistant
Superintendent, Human Resources) or the County Superintendent.
SONOMA COUNTY OFFICE OF EDUCATION
Policy References: SP/AR 4119.11/4219.11/4319.11, Sexual Harassment and AR 4031,
Complaints Regarding Discrimination in Employment.
Procedure approved, January 18, 2000 (UPDATE APPROVAL DATE??)
(0412.01)