HCISD Human Resources Department
PREVENTING SEXUAL HARASSMENT
IN SCHOOLS / ETHICS TRAINING
VELA MIDDLE SCHOOL
2012-2013 SCHOOL YEAR
Sexual Harassment
Prevention
A LEGAL DEFINITION:
Sexual harassment is any unwelcome
sexual advances, requests for sexual
favors and other verbal or physical
conduct of a sexual nature.
EXAMPLES:
 Unwelcomed
 Can be physical, verbal or nonverbal
 Severe and pervasive
 Unreasonably interferes with an
individual’s work performance
What are the different types of sexual
harassment?
Quid Pro Quo - something for something
 A form of sexual harassment typically only
supervisors, those with supervisory authority;
or teachers/instructors can engage in.
Requires an individual to choose between
submission or a negative consequence for
failure to submit.
Hostile Environment
 Making unwelcome sexual advances or
other verbal or physical conduct of a sexual
nature with the purpose of, or that creates
the effect of, unreasonably interfering with
an individual's work performance or
creating an intimidating, hostile or offensive
working environment.
Hostile Work/Educational Environment
 Unreasonable interference, intimidation, abuse
 Typically repetitive rather than a single episode
 Verbal - sexual comments about appearance, innuendoes,
off-color jokes, vulgar or explicit language or questions,
including Text/picture messages.
 Non-Verbal - unsolicited or inappropriate gifts of a
sexual nature, suggestive notes, nude or suggestive
photos or materials, staring, email.
 Physical - touching, rubbing or brushing in a sexual
manner, uninvited massages, uninvited hugging or
kissing.
3.9 The
educator shall refrain from inappropriate
communication with a student or minor,
including, but not limited to, electronic
communication such as cell phone, text
messaging, email, instant messaging, blogging,
electronic forums (chat rooms), video-sharing,
or other social network communication.
• A certified or licensed employee, or any
other employee designated in writing by
the Superintendent or a campus
principal, may use electronic media to
communicate with currently enrolled
students about matters within the scope
of the employee’s professional
responsibilities.
• All other employees are prohibited from
using electronic media to communicate
directly with students who are currently
enrolled in the District.
• The nature, purpose, timing, and amount of the communication;
• The subject matter of the communication;
• Whether the communication was made openly or the educator
attempted to conceal the communication;
• Whether the communication could be reasonably interpreted as
soliciting sexual contact or a romantic relationship;
• Whether the communication was sexually explicit; and
• Whether the communication involved discussion(s) of the physical
or sexual attractiveness or the sexual history, activities,
preferences, or fantasies of either the educator or the student.
A certified educator holds a unique
position of public trust with almost
unparalleled access to the hearts
and minds of impressionable
students. Therefore, the conduct of
an educator must be held to the
highest standard.
DIA (LOCAL)
The District prohibits discrimination, including
harassment, against any employee on the basis of
race, color, religion, gender, national origin, age,
disability, or any other basis prohibited by law.
Retaliation against anyone involved in the complaint
process is a violation of District policy.
FFH (LOCAL)
An employee shall not form romantic or other
inappropriate social relationships with students.
Any sexual relationship between a student and a
District employee is always prohibited, even if
consensual
When one who has the authority to
address the alleged discrimination and to
institute corrective measures has actual
knowledge of discrimination and fails to
adequately respond.
Gebser v. Lago Vista ISD
118 S. Ct. 1989 (1998)
Strict Liability – Liability that does not
depend on actual negligence or intent to
harm, but that is based on the breach of an
absolute duty to make
something safe.
Vicarious Liability – Liability that an
employer bears for the actionable conduct of
an employee based on the relationship
between the two parties
What’s your responsibility?
 As an employee of Harlingen CISD, you have a duty to
promote a learning environment that is free of sexual
harassment.
 As an employee of Harlingen CISD, you have a duty to
respond promptly if you see something that isn’t right…it is
your obligation to tell the truth and report it to
administration as soon as you see a violation of Board Policy.
 You have a duty to report any and all concerns regarding
sexual harassment to your campus’/departments’ Title IX
Coordinator ASAP.
 Remember that liability begins when nothing is done!!!
A word of caution…
 Sexual harassment behavior
can be a “career killer”.
 Even unsubstantiated
allegations can be very
damaging.
 Don’t take unnecessary risks!
HCISD BOARD POLICIES
 CORPORAL PUNISHMENT
 PHYSICAL RESTRAINT
FO (LOCAL) CORPORAL PUNISHMENT
:
The Board prohibits the use of corporal punishment in the District. Students
shall not be spanked, paddled, or subject to other physical force as a means of
discipline for violations of the Student Code of Conduct.
PHYSICAL RESTRAINT
Within the scope of an employee’s duties, a District employee may physically
restrain a student if the employee reasonably believes restraint is necessary in
order to:
1. Protect a person, including the person using physical restraint, from physical
injury.
2. Obtain possession of a weapon or other dangerous object.
3. Remove a student refusing a lawful command of a school employee from a
specific location, including a classroom or other school property, in order to
restore order or to impose disciplinary measures.
4. Control an irrational student.
5. Protect property from serious damage.
FOF (LEGAL): STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES
RESTRAINT: A school employee, volunteer, or independent contractor
may use restraint only in an emergency and with the following
limitations:
1. Restraint shall be limited to the use of such reasonable force as is
necessary to address the emergency.
2. Restraint shall be discontinued at the point at which the emergency
no longer exists.
3. Restraint shall be implemented in such a way as to protect the
health and safety of the student and others.
4. Restraint shall not deprive the student of basic human necessities.
19 TAC 89.1053(c)
FOF (LEGAL): STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES
“Restraint” means the use of physical force or a mechanical
device to significantly restrict the free movement of all or a portion
of a student’s body.
“Emergency” means a situation in which a student’s behavior
poses a threat of:
1. Imminent, serious physical harm to the student or others; or
2. Imminent, serious property destruction. 19 TAC 89.
1053(b)(1)–
TRAINING:
Training for school employees, volunteers, or independent contractors
regarding the use of restraint shall be provided according to the
requirements set forth at 19 Administrative Code 89.1 053(d).
Ethics in the
Workplace
The Texas educator shall comply with standard practices and ethical
conduct toward students, professional colleagues, school officials,
parents, and members of the community and shall safeguard academic
freedom. The Texas educator, in maintaining the dignity of the profession,
shall respect and obey the law, demonstrate personal integrity, and
exemplify honesty.
The Texas educator, in exemplifying ethical relations with colleagues,
shall extend just and equitable treatment to all members of the profession.
The Texas educator, in accepting a position of public trust, shall measure
success by the progress of each student toward realization of his or her
potential as an effective citizen. The Texas educator, in fulfilling
responsibilities in the community, shall cooperate with parents and others
to improve the public schools of the community.
What kinds of behavior can lead to disciplinary action by SBEC?
SBEC may take disciplinary action against a certified educator (employee)
for the following reasons:
1. An educator (employee) has conducted school or education activities in
violation of law;
2. An educator (employee) is unworthy to instruct or supervise the youth of the
state;
3. An educator (employee) has violated the Code of Ethics;
4. An educator (employee) has failed to report or has hindered the reporting of
child abuse or the known criminal history of an educator as required by law
and Board rules;
5. An educator (employee) has abandoned his or her contract;
6. An educator (employee) has failed to cooperate with a Board investigation;
7. An educator (employee) has been convicted of a crime directly related to the
duties and responsibilities of the education profession, or
8. An educator (employee)has violated the security or integrity of a state
assessment.
The above list is not exclusive. SBEC may take disciplinary action against
an educator on other grounds or measures available by law.
What kinds of crimes does SBEC consider to be directly
related to the duties and responsibilities of the education
profession?
1. Any crime involving moral turpitude;
2. Any crime involving sexual or physical abuse of a minor or student
or other illegal conduct with a minor or student;
3. Any crime for which the underlying facts would support a felony
conviction for possession, transfer, sale, distribution, or conspiracy
to possess, transfer, sell, or distribute any controlled substance;
4. Any crime involving school property or funds;
5. Any crime involving an attempt by fraudulent or unauthorized
means to obtain or alter any certificate or permit that would entitle
a person to hold or obtain a position as an educator;
6. Any crime that occurs wholly or in part on school property or at a
school- sponsored activity; or
7. Felonies involving driving while intoxicated. DH (LOCAL)
No, SBEC can investigate and discipline anyone
who holds a certificate issued under Chapter 21,
Subchapter B of the Texas Education Code.
This includes teachers, librarians, counselors,
educational diagnosticians, administrators and
paraprofessionals.
Additionally, HCISD will investigate and
discipline any employee who violates board
policy.
INAPPROPRIATE RELATIONSHIPS
 Employees shall not form romantic or
other inappropriate social relationships
with students. Any sexual relationship
between a student and a District
employee is always prohibited,
even if consensual. [See FFH]
TOBACCO USE ON PUBLIC
SCHOOL PROPERTY
 Employees shall not use tobacco products
on District premises, in District vehicles,
or at school or school-related activities.
[See also GKA]
DRUGS & ALCOHOL
Employees shall not manufacture, distribute, dispense, possess, use, or be
under the influence of any of the following substances during working
hours while at school or at school-related activities during or outside of
usual working hours:
1. Any controlled substance or dangerous drug as defined by law, including but not
limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant,
amphetamine, or barbiturate.
2. Alcohol or any alcoholic beverage.
3. Any abuseable glue, aerosol paint, or any other chemical substance for inhalation.
4. Any other intoxicant, or mood-changing, mind-altering, or
behavior-altering drugs.
An employee need not be legally intoxicated to be considered “under the
influence” of a controlled substance.
ARRESTS & OTHER LEGAL ISSUES
 An employee shall notify his or her principal or
immediate supervisor within three calendar days of
any arrest, indictment, conviction, no contest or guilty
plea, or other adjudication of the employee for any
felony, any offense involving moral turpitude, and any
of the other offenses as indicated below:
 Crimes involving school property or funds;
 Crimes involving attempt by fraudulent or
unauthorized means to obtain or alter any certificate
or permit that would entitle any person to hold or
obtain a position as an educator;
ARRESTS & OTHER LEGAL ISSUES
 Crimes that occur wholly or in part on school
property or at a school-sponsored activity; or
 Crimes involving moral turpitude, which include:
 Dishonesty, fraud, deceit, theft, misrepresentation;
 Deliberate violence;
 Base, vile, or depraved acts that are intended to
arouse or gratify the sexual desire of the actor;
ARRESTS & OTHER LEGAL ISSUES
 Felony possession or conspiracy to possess, or any
misdemeanor or felony, transfer, sale, distribution, or
conspiracy to transfer, sell, or distribute any controlled
substance defined in Chapter 481 of the Health and
Safety Code;
 Felony driving while intoxicated (DWI) or Acts
constituting abuse or neglect under the Texas Family
Code; or
 Acts constituting public intoxication, operating a
motor vehicle while under the influence of
alcohol, or disorderly conduct, if any two or more
acts are committed within any 12-month period.
DRESS & GROOMING STANDARDS
 The dress and grooming of District employees shall be clean, neat, in a
manner appropriate for his or her assignments, and in accordance with
the following standards:
 An employee shall be are expected to dress in a manner that projects a
professional image for the employee, District, and community.
 Style of clothing for males and females shall always reflect a
professional and business-like atmosphere. Dresses, slacks, skirts, and
blouses for females should not attract unfavorable attention. Males
shall be expected to wear slacks, shirts, or appropriate professional
attire.
 Administrators and supervisors shall have the discretion to determine
appropriateness of attire for all personnel in certain grades or subjects
(physical education, agriculture, auto mechanics, building trades,
special education), or for medical necessities.
DRESS & GROOMING STANDARDS
The following standards shall apply:
 Cleanliness and neatness are expected of all staff at all
times.
 Halters, garments with bare shoulders, bare backs,
tank tops, spaghetti straps, muscle shirts, see-through
garments, and revealing or provocative necklines shall not
be permitted. In addition, clothing with symbols,
inappropriate language, phrases or slogans advertising
tobacco, alcohol products, controlled substances or
political advertisements is unacceptable.
What To Do
1. Self advocate
2. Say NO
3. Report sexual harassment and
unethical behavior immediately