SEXUAL HARASSMENT
&
OTHER PROHIBITED HARASSMENT
AN OVERVIEW FOR ALL WYLIE ISD EMPLOYEES
Sexual Harassment
and Other Prohibited
Harassment are forms
of discrimination which
are strictly prohibited
by federal law.
SEXUAL HARASSMENT DEFINED:
Unwelcome conduct,
either verbal or physical,
that would not occur but
for the sex/gender of the
individual.
SEXUAL HARASSMENT AND OTHER
PROHIBITED HARASSMENT IN
SCHOOLS
•Employee-to-Student
•Employee-to Employee
•Student-to Student
TYPES OF SEXUAL AND OTHER
PROHIBITED HARASSMENT
• Quid Pro Quo:
When an individual in a position of authority offers a
subordinate something in exchange for some form
of sexual favor
• Hostile Environment:
Created when unwelcome advances, requests, or
conduct have the effect of interfering with an
individual’s performance or creating an
intimidating, hostile, or otherwise offensive learning
or working environment
EXAMPLES OF QUID PRO QUO
• A teacher may offer a student a better
grade or a particular position on an
athletic team in exchange for a kiss.
• A supervisor may offer an employee a
higher evaluation or a promotion in
exchange for accompanying the
supervisor to dinner.
SIGNS OF A HOSTILE ENVIRONMENT
• High rate of absenteeism
• Low morale
• Performance slips
• Failing grades
• Discipline problems
EXAMPLES OF SEXUAL HARASSMENT
• Sexual advances or requests
• Touching intimate body parts
• Coercing or forcing a sexual act on another
• Jokes or conversations of a sexual nature
• Engaging in sexually oriented conversations for the
purpose of personal sexual gratification
• Telephoning or text messaging students at home or
elsewhere for inappropriate social relationships
EXAMPLES OF OTHER PROHIBITED
HARASSMENT
• Offensive or derogatory language directed at another
person’s religious beliefs or practices, accent, skin color, or
need for workplace accommodations;
• Threatening or intimidating conduct;
• Offensive jokes, name calling, slurs, or rumors;
• Physical aggression or assault;
• Display of graffiti or painted material promoting racial, ethnic,
or other negative stereotypes; or
• Other types of aggressive conduct such as theft or damage to
property.
SEXUAL HARASSMENT
EMPLOYEE-TO-STUDENT
• A District employee causes the student
to believe that he/she 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
SEXUAL HARASSMENT
EMPLOYEE-TO-STUDENT
• Includes both welcome and
unwelcome sexual advances; requests
for sexual favors; sexual motivated
physical, verbal, or nonverbal
conduct; or other conduct or
communication of a sexual nature
SEXUAL HARASSMENT
EMPLOYEE-TO-STUDENT
• Sexual harassment or harassment of any kind of students
by employees is always a violation of law.
• The fact that a student sought the conduct is of no
merit.
• There is always the presumption that the conduct was
unwelcome between the employee and student.
• Any sexual relationship between a student and a District
employee is always prohibited, even if consensual.
SEXUAL HARASSMENT
EMPLOYEE-TO-EMPLOYEE
• Submission to the conduct is a condition of an
employee’s employment; or such conduct is used
as a basis for employment actions affecting the
employee.
• The conduct is so severe that it unreasonably
interferes with the employee’s work performance or
creates an intimidating, threatening, hostile, or
offensive work environment.
SEXUAL HARASSMENT
STUDENT-TO-STUDENT
• Affects the student’s ability to participate in or
benefit from an educational program of activity, or
creates an intimidating, threatening, hostile, or
offensive educational environment.
• Has the purpose or effect of substantially or
unreasonably interfering with the student’s
academic performance.
• Otherwise adversely affects the student’s education
opportunities.
OTHER PROHIBITED HARASSMENT
EMPLOYEE-TO-EMPLOYEE, EMPLOYEE-TO-STUDENT,
& STUDENT-TO-STUDENT
Unwelcome physical, verbal, or nonverbal conduct based on
the student/employee race, color, gender, national origin,
disability, or religion that is so severe, persistent, or pervasive
that the conduct:
• Affects a person’s ability to participate in or benefit from an
educational program or activity, or creates an intimidating,
threatening, hostile, or offensive education/work environment;
• Has the purpose or effect of substantially or unreasonably
interfering with the student’s academic performance or
employee’s work; or
• Otherwise adversely affects the student’s educational
opportunities or the employee’s employment opportunities.
KEY WORD: UNWELCOME
For any conduct to constitute sexual harassment or other prohibited
harassment, it must be unwelcome by the individual complaining of
the conduct EXCEPT in the Employee-to-Student situation.
Employee-to-Student harassment is ALWAYS considered to be
unwelcome.
• Conduct which may be offensive to one person may not be to
another.
• The victim has an obligation to tell the harasser that he/she finds
the conduct offensive.
• If the behavior continues beyond that point, then it is sexual
harassment or other prohibited harassment.
• A single incident can constitute sexual harassment if it is an
occurrence such as sexual assault.
EMPLOYEE RESPONSIBILITY
PROTECT YOURSELF FROM A CHARGE OF ANY KIND OF
HARASSMENT
• Do not socialize with students.
• Stop whatever you are doing if you sense
discomfort from a student/employee.
• Dress appropriately for the school/work
environment.
• Conduct yourself in a business-like manner.
EMPLOYEE RESPONSIBILITY
PROTECTION OF STUDENTS
• Treat students’ complaints of sexual harassment or harassment
seriously; do not ever take such allegations lightly.
• If you see sexual harassment or harassment of any type
occurring, stop it!
• Make appropriate discipline referrals in accordance to the
Student Code of Conduct.
• Immediately report the conduct and your actions of
remediation to your supervisor/principal.
• Be sure the report is in writing; dated and signed.
VICTIM’S RESPONSIBILITY
WHAT TO DO IF YOU ARE SEXUALLY HARASSED
• Let the person know that the comments or actions are
unwelcome.
• Employees- Immediately report the harassment to your
supervisor/principal.
• Students- Immediately report the harassment to a
teacher, counselor, principal, or other District employee.
• In your report, list the time, place, and person(s) present
using who, what, where, when, and why.
DISTRICT RESPONSIBILITY
• Have a comprehensive policy prohibiting sexual harassment.
• Clearly communicate sexual harassment and harassment and complaint
procedures to employees, students, and parents.
• Train administrators to recognize, investigate, and resolve sexual
harassment claims.
• Train employees to recognize and report sexual harassment, understand
appropriate and inappropriate interaction with students; and report any
incidents that a student might misinterpret as sexual harassment to their
supervisors.
• Train teachers to appropriately discipline students involved in incidents of
student-to-student sexual harassment.
• Train and inform students how to recognize and report allegations and to
whom they can report.
It is important for schools to
create an environment that
encourages students or
employees who believe they
have been subject to sexual
harassment to come
forward.
SCHOOL DISTRICT LIABILITY
& PERSONAL LIABILITY
Deliberate Indifference
• When one who has the authority to address the
alleged discrimination and institute corrective
measures has actual knowledge of discrimination
and fails to adequately respond.
Gebser v. Lago Vista ISD
118 S. Ct. 1989 (1998)
DELIBERATE INDIFFERENCE
• An administrator who shows deliberate indifference
by failing to investigate and prevent the abuse of a
student can be held liable for the subordinate’s
abuse of the student.
Doe v. Taylor ISD
• Administrators must take action when sexual
harassment claims are reported to protect students
and avoid personal liability.
The Supervisor/Principal Must
Immediately Notify the
Appropriate District Official
• Contact Human Resources and Student Services
(972)429-3009
• All Complaints of Sexual Harassment and
Harassment will be investigated promptly,
thoroughly, and as confidentially as possible.
• Retaliation toward the accuser will not be
tolerated.
Title VII of the Civil Rights Act of 1964:
•
US Supreme Court
Faragher v. City of Boca Raton
524 US 775 (1998)
Burlington Industries v. Ellerth
524 US 742 (1998)
•
Texas Labor Code 21.010