Policies of the Board of Education
Series 500: Personnel
SEXUAL HARASSMENT AND OTHER UNLAWFUL HARASSMENT
512
Sexual harassment, harassment based upon an individual’s membership in a protected class and
discrimination based upon an individual’s membership in a protected class are against federal
and state law.
Harassment and discrimination in any form will not be tolerated and the District will take
all necessary and appropriate actions to see that it is eliminated.
It is the policy of the School District of New Glarus to abide by the federal and state laws that
prohibit sexual harassment, and to maintain a work environment free of discrimination and
harassment.
Definition of Sexual Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for
sexual favors, sexually motivated physical contact or other unwelcome verbal, physical or visual
conduct of a sexual nature when: (a) submission to that conduct or communication is made a
term or condition, either explicitly or implicitly, of obtaining employment; (b) submission to or
rejection of that conduct or communication is used as a factor for any employment decision
affecting an individual; or (c) that conduct or communication substantially interferes with an
individual’s employment. Specific examples include, but are not limited to, the following:

Unwelcome requests for sexual favors; lewd or derogatory comments or jokes; comments
regarding sexual behavior or the body of another employee; use of offensive or
demeaning terms that have sexual connotations; and other vocal activity such as catcalls
or whistles.

Showing or sending materials that have a sexual content or are of a sexual nature (such as
obscene letters, notes, invitations, photographs, cartoons, articles, etc.) either by e-mail,
interoffice mail, Internet or otherwise, to employees who may find such materials
offensive.

Unwelcome suggestions regarding, or invitations to, social engagements or work-related
social events, especially after being informed that the invitations are unwelcome.

Retaliating against an employee for refusing a sexual advance or reporting an incident of
possible sexual harassment to the District or any government agency.
512 Continued

Any indication, express or implied, that an employee’s job security, job assignments,
conditions of employment, or opportunity for advancement may depend on the granting
of sexual favors.

Any objectionable physical closeness, behavior, actions, or contact, including touching,
assault, or blocking or impeding movements.

Any action relating to an employee’s job status which is in fact affected by consideration
of the granting or refusal of social or sexual favors.

Deliberate or careless creation of an atmosphere of sexual harassment or intimidation.

Deliberate or careless jokes or remarks of a sexual nature to or in the presence of any
employee who may find such jokes or remarks offensive.
The District reserves the right to determine whether particular conduct violates this policy or
is otherwise inappropriate.
Other Unlawful Harassment
Harassment is defined as: Unwanted, deliberate or repeated unsolicited comments (oral or
written), gestures, graphic material, physical contacts, verbal/nonverbal or physical conduct
directed to an individual because of his/her membership in a protected class constitute
harassment when this conduct:
1. Has the purpose or effect of creating an intimidating, hostile or offensive working or
educational environment; or
2. Has the purpose or effect of unreasonably or substantially interfering with an individual's
work or student's performance in school, including his/her performance in curricular,
extracurricular, and nonacademic activities; or
3. Otherwise adversely affects an individual's employment or a student's opportunities in
curriculum, extracurricular, and nonacademic activities; or
4. Submission to the conduct is made either explicitly or implicitly, a term or condition of
an individual's employment; or a student's opportunity to obtain an education; or
5. Submission to or rejection of the conduct by an individual is used as the basis for
employment decisions affecting the individual or as a factor in decisions affecting the
student's education; or
6. Is sufficiently severe, persistent or pervasive that it adversely affects (1) a student's
ability to participate in or benefit from an educational program or activity or (2) an
individual's ability to work.
512 Continued
Harassment based on anyone’s protected class is against the law. The District also prohibits this
type of unlawful discriminatory harassment. Such behavior includes words or actions that are
offensive to another based on sex, race, age, religion, color, creed, disability, sexual orientation,
marital status, arrest or conviction record, national origin, or any other protected class. The
District does not tolerate any form of harassment, whether it comes from supervisors, fellow
employees, vendors, or any other party.
Consequences
Each employee is expected to treat other employees with respect and to report immediately any
suspected sexual harassment or other unlawful harassment. If investigation of a complaint of
alleged unlawful harassment produces evidence of inappropriate behavior, appropriate
disciplinary action will be taken, up to and including immediate termination of employment.
Reporting Harassment
Any employee who believes he or she has been subjected to possible sexual harassment or other
unlawful harassment has the right to immediately demand that the person stop at once. The
employee should promptly report the conduct to their supervisor. If the employee feels that
reporting suspected harassment to his/her supervisor is not effective or possible, or if the
supervisor is participating in the suspected harassment, he or she may speak with an
administrator, or the District Administrator.
The District will investigate all claims of harassment and appropriate action will be
recommended. Confidentiality will be maintained as much as possible during the investigation.
Non-Retaliation
No retaliation of any kind will occur because of reporting an incident of suspected sexual
harassment or other unlawful harassment. An employee should immediately report any incident
of further harassment or retaliation to his/her supervisor, or if the supervisor is participating in
the harassment or retaliation, he or she may speak with an administrator, or the District
Administrator.
Cross Ref.:
511/512 - Rule, Employment Discrimination/Harassment and Sexual Harassment
Complaint Procedures
511 – Equal Opportunity Employment
933.1, Contractors Fair Employment Clause
Adopted:
October 10, 2011
Revised:
September 23, 2013
School District of New Glarus