Eanes ISD Records and Legal Services (Regulation) TRAINING TO PREVENT SEXUAL HARASSMENT OVERVIEW Employees must be trained yearly regarding the prevention of sexual harassment and sexual abuse, and what employees shall do if suspected sexual harassment or sexual abuse occurs. Principals and supervisors are responsible for ensuring that their employees receive annual training. Completed sign-in sheets documenting the training are to be sent to Dr. Steven Ebell in Human Resources. Careful review of this regulation along with Eanes ISD Board Policy sections DH (Legal, Local and Exhibit), DIA (Legal and Local), FB (Legal and Local), and FFH (Legal and Local) will substantially complete the required annual training. The objectives are: to understand the definition and terminology associated with sexual harassment and sexual abuse; to recognize those actions that could be considered sexual harassment and/or sexual abuse; and to understand the reporting process. Additional training materials are available through the Coordinator of Records and Legal Services. In addition, the Coordinator is available to provide training programs to Eanes ISD departments. SEXUAL HARASSMENT OF AN EMPLOYEE SEXUAL HARASSMENT OF A STUDENT BY AN EMPLOYEE Sexual harassment of an employee is defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: 1. Submission to the conduct is either an explicit or implicit condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or 2. The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance or creates an intimidating, threatening, hostile, or offensive work environment. [see DIA (Local)] Sexual harassment of a student by a District employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: Related Board Policies: DH (Legal, Local & Exhibit); DIA (Legal & Local); FB (Legal & Local); and FFH (Legal & Local) Administrator: Coordinator of Records/Legal Services Approved by Supt.: Date Updated: 1/14/2008 1 of 3 Eanes ISD Records and Legal Services (Regulation) TRAINING TO PREVENT SEXUAL HARASSMENT 1. A District employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or 2. The conduct is so severe, persistent, or pervasive that it: a) Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or b) Creates an intimidating, threatening, hostile, or abusive educational environment. Romantic or inappropriate social relationships between students and District employees are prohibited. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [see FFH (Local)] Sexual abuse of a student by an employee violates a student’s constitutional right to bodily integrity. Sexual harassment of a student may constitute discrimination on the basis of sex in violation of Title IX. [see FFH (Legal)] Sexual harassment of a student is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the school. [see FFH (Legal)] SEXUAL HARASSMENT OF A STUDENT BY OTHERS Sexual harassment of a student, regardless of age, including harassment committed by another student, regardless of age, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it: 1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment; 2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or Related Board Policies: DH (Legal, Local & Exhibit); DIA (Legal & Local); FB (Legal & Local); and FFH (Legal & Local) Administrator: Coordinator of Records/Legal Services Approved by Supt.: Date Updated: 1/14/2008 2 of 3 Eanes ISD Records and Legal Services (Regulation) TRAINING TO PREVENT SEXUAL HARASSMENT 3. Otherwise adversely affects the student’s educational opportunities. EXAMPLES OF SEXUAL HARASSMENT Examples of sexual harassment of a student may include, but are not limited to, sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact. WHAT IS NOT CONSIDERED SEXUAL HARASSMENT An employee’s necessary or permissible physical contact with a child, such as assisting a child by taking the child’s hand, comforting a child with a hug, or other physical contact not reasonably construed as sexual in nature is not sexual harassment. [see FFH (Local)] Among school children, sexual harassment does not include simple acts of teasing and name-calling, even when the comments target differences in gender. [see FFH (Legal)] SIGN-IN SHEET A sign-in sheet form is attached. Related Board Policies: DH (Legal, Local & Exhibit); DIA (Legal & Local); FB (Legal & Local); and FFH (Legal & Local) Administrator: Coordinator of Records/Legal Services Approved by Supt.: Date Updated: 1/14/2008 3 of 3