[Type text]
2013
Policy Against Sexual
Harassment
The Crisman School
2455 North Eastman Road Longview, TX 75605
6/4/2013
Sexual Harassment is a form of discrimination prohibited by the Anti-Sexual Harassment Act
of 1995. Incidents of any of all known forms which would result in intimidating,
discriminating, hostile or offensive environment should be reported to the Unit Head/HRD
Director immediately.
A minor victim may be assisted by her parents or legal counsel in writing the complaint/s and
may be represented by the same during the investigation.
Confidentiality of the matter will be strictly observed.
I. GENERAL POLICY
The Crisman School is committed to maintaining a learning environment where all members of
the school community – the administrators, the faculty, the staff and the students – can study
and work together harmoniously, comfortably and, as a consequence, productively. In keeping
with the commitment, the school adopts the policy of condemning all acts which would
constitute WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT, as the
term is defined by this policy. Accordingly, any act or conduct in violation of this policy shall
render the perpetrator liable for administrative sanctions, to be enforced in a manner as
hereinafter provided.
The Crisman School’s policy against sexual harassment shall be printed in all school manuals of
rulesand regulations. The policy shall be published in school publications and posted in bulletin
boards.
II. DEFINITION OF WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT
Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, student, or any other person who demands, requests, seduces or otherwise requires
any sexual favor from the other, regardless of whether the demand, request, seduction or
requirement for submission is accepted by the object of said act.
When the offender has an authority, influence or moral ascendancy over the victim, sexual
harassment act becomes compounded/aggravated.
Sexual harassment can also be committed by acts of sexual nature or sexual advances in all
known forms, such as demeaning jokes, offensive text messages, indecent letters or
telephone calls, offensive looks or whispers, or physical touch, stalking, and others, which
result in an intimidating, discriminating, hostile or offensive environment for the victim.
Acts of sexual harassment constitutes serious misconduct, one of the just causes for
termination under Act 282(a) of the Labor Code. The Crisman School reserves the option to
investigate and prosecute offenses of a sexual nature or with a sexual connotation as
serious misconduct.
A.
In a work-related or employment environment, sexual harassment is committed
when:
1. The sexual favor is made as condition in the hiring or in the employment of
said individual, or in granting said individual favorable compensation, terms,
conditions, promotions, or privileges or the refusal to grant the sexual favor
results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment or otherwise adversely affect
said employee;
2. The above acts would impair the employee’s rights or privileges under existing
labor laws; or
3. Sexual advances are committed against a co-employee, a peer, a superior or
a subordinate, across offices, units and/or departments even when committed
without conditions of any nature.
4. The above acts would result in an intimidating, hostile or offensive
environment for the employee,
B.
In an education or training environment, sexual harassment is committed:
1. Against one who is under the care, custody or supervision of the offender;
2. Against one whose education, training, apprenticeship or tutorship is entrusted
to the offender;
3. Against a peer student within or across levels in the school.
4. When the sexual favor is made a condition to the giving of a passing grade, or
the granting of honors and scholarships, or the payment of a stipend, allowance
or other benefits, privileges or considerations; or
5. When the sexual advances result in an intimidating, hostile or offensive
environment of the student, trainee or apprentice.
6. When the sexual advances are committed even without conditions of any
nature.
C. Any person who directs or induces another to commit any act of sexual harassment or
who cooperates in the commission thereof by another without which, it would not have
been committed, shall also be held liable.
III. COMMITTEE ON INVESTIGATION AND DECORUM
The Committee on Investigation is hereby created. The principal function or
duty of which is to investigate all written complaints of the commission of sexual harassment
by person/s as defined in this policy by employee, student or student representative.
The members of the Committee on Investigation and Decorum are the following:
1.
2.
3.
4.
Faculty member
Director of The Crisman School
Chair-Board of Trustees
Legal Counsel
Note: Provision is made for moral or legal support of both the complainant and
respondent.
IV. INVESTIGATION AND RECOMMENDATION
Upon receipt of the written complaint, the committee on Investigation and Decorum shall
furnish the respondent a copy of the complaint together with a written notice requiring him or
her to submit a written explanation of his/her side regarding the charges within 24 hours
from receipt of said notice.
Upon receipt of respondent’s explanation, the Committee on Investigation and Decorum shall
call both the complainant and respondent, as well as their witnesses, to a formal
investigation where evidences may be submitted. The entire proceedings of the formal
investigation shall be recorded and kept in confidence all the time.
The Committee on Investigation and Decorum is tasked to recommend sanctions which they
deem appropriate per Section 7 of the Rules and Regulations implementing the Anti-Sexual
Harassment Act of 1995.
In the investigation of any sexual harassment case, the principle of due process and strict
confidentiality will always be observed.
It is only upon the completion of the formal investigation that the Committee on Investigation
and Decorum shall issue a decision on the matter. The decision of the Committee shall
contain the following:
a. The name of both the complainant and the respondent;
b. The nature of the act complained of as well as the time and place of its
commission
c. A summary of the testimonies of witnesses and the evidences submitted by both
parties;
d. The conclusion concurred in by the majority of the members of the committee;
e. The recommendations of the Committee, agreed by the majority of the members’
as to what sanction should be imposed upon the respondent in case of guilt.
(Transcription of minutes may not be verbatim, but tapes consumed during the
investigation should be submitted together with the report)
Flowchart:
1. Report of complaint must be submitted to the Head of School in writing.
2. This person informs the Chair of the Committee on Investigation and Decorum.
2. Investigation Report/Recommendation is submitted to the filer of complaint.
3. Implementation of Decision  Head of School /Chair Board of Trustees.
V. ADMINISTRATIVE PENALTY
Sexual harassment shall be punishable with a reprimand, suspension without pay for a
period of six (6) months. The maximum penalty for sexual harassment is dismissal
depending on the seriousness of the offense in the light of the facts and circumstance of the
case.
VI. MOTION FOR RECONSIDERATION
Either party may file a motion for reconsideration with the Head of School, within
ten (10) days from the receipt of the copy of the decision on any of the following ground:
1. New evidence has been discovered which materially affects the decision;
2. The decision is not supported by the evidence on record;
3. The decision is contrary to law or based on a mis-appreciation of the fact.
VII. CONFIDENTIALITY OF PROCEEDINGS
The proceedings of all sexual harassment cases shall be private and confidential.
VIII. EFFECTIVITY
These Rules and Regulations implementing the RA 7877 shall take effect fifteen (15) days
after posting by the Head of School.