No. 411.1
Policies and Bylaws
Oconomowoc Area School District
HARASSMENT
The Oconomowoc Area School District recognizes that harassment is a violation of both federal
and state employment discrimination laws and is a form of misconduct that undermines the
integrity of the District’s employment and academic relationships. The District recognizes its
responsibility to provide to all employees and students an environment free from harassment, and
will not tolerate such conduct on the part of any student, employee, volunteer, vendor, visitor or
school board member.
To accomplish this, the District prohibits harassment in any form. The District’s policy is to
provide a workplace free of (1) verbal or physical harassment concerning an employee’s age,
race, creed or religion, color, physical or mental disability, marital status, sex, national origin,
ancestry, sexual orientation, arrest record, conviction record, citizenship status, use or non-use of
lawful products off the employer’s premises during non-working hour, or past, present or future
status in the uniformed services of the United States (hereinafter referred to as an individual’s
status as a member of a protected class); and (2) unwelcome sexual advances, requests for
sexual favors and any other conduct or communication constituting sexual harassment.
Harassment consists of verbal or physical conduct related to an individual’s status as a member
of a protected class when:
1.
2.
3.
It has the purpose or effect of creating an intimidating, hostile or offensive work
environment.
It has the purpose or effect of unreasonably interfering with an individual’s work
performance; or
It otherwise adversely affects an individual’s employment opportunities.
Examples of conduct which may constitute harassment when related to an individual’s status as a
member of a protected class include graffiti, name calling, threatening conduct, derogatory
cartoons, slurs, negative stereotypes or other conduct that is motivated by an individual’s status
as a member of a protected class. Harassment also includes religious proselytizing to
employees, students or others on District premises or at District-sponsored activities or events.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and
other verbal, physical or visual conduct based on a person’s gender when:
1. submission to such conduct is made explicitly or implicitly a term or condition of an
individual’s employment;
2. submission to or rejection of such conduct is used as the basis for employment or
academic decisions affecting such individual;
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s
work or academic performance or creating an intimidating, hostile or offensive work or
academic environment.
Examples of prohibited conduct include but are not limited to lewd or sexually suggestive
comments, sexual flirtations, unnecessary or offensive touching, impeding or blocking movement,
advances or propositions, off-color language or jokes of a sexual nature, gestures, slurs and
other verbal, graphic or physical conduct relating to an individual’s gender, or any display of
sexually explicit pictures, greeting cards, articles, books, magazines, photos or cartoons.
The policy of the District is to investigate thoroughly and remedy any known incidents of
harassment. In order to accomplish this, all employees have a responsibility to report any
incident of harassment to their immediate supervisor or to the designated complaint officer(s). If
an individual is not comfortable with making a complaint to the designated complaint officer(s),
the complaint may be filed with any other administrator. The administrator will report the
No. 411.1
Policies and Bylaws
Oconomowoc Area School District
HARASSMENT
complaint to the designated complaint officer unless the designated complaint officer is allegedly
involved as a party to or the focus of the complaint, in which case it shall be reported to the
Superintendent.
Any complaint regarding harassment shall be processed in accordance with the Board of
Education’s harassment complaint procedure. The right of confidentiality, of both the complainant
and the accused, will be respected consistent with the District’s legal obligations, provided it does
not interfere with the District’s ability to investigate allegations of misconduct and to take
corrective action when this conduct has occurred.
No employee or Board Member shall attempt to restrain, interfere with, coerce, discriminate or
take reprisal action against the complainant or their witnesses during or after the presentation,
processing and resolution of a complaint. Retaliation against anyone reporting or thought to have
reported harassment behaviors is prohibited. Such retaliation shall be considered a serious
violation of the policy and shall be independent of whether a charge or complaint of harassment is
substantiated. Encouraging others to retaliate also violates the policy.
Individuals who, upon investigation, are determined to have engaged in harassment under the
provision of this policy may be subject to disciplinary action. In the case of employees, this action
may include but is not limited to reprimand, suspension or termination. In the case of others
engaged in the conduct at district programs and activities, discipline may include removal and
prohibition from participation in such activities or programs.
This policy and accompanying complaint procedures shall be distributed annually to all District
employees, including those individuals who are hired during the school year. The public shall
also be informed of this policy.
LEGAL REF:
Wisconsin Statutes, Sections 111.32(13) and 111.36(1)(b)
Title VII, Civil Rights Act of 1964
Title IX, Education Amendments of 1972
Final Approval
Regular Board Meeting of
August 15, 2006