GBAA - Sexual Discrimination and Harassment
Policy
Complaint/Witness Form

Emery County School District

Policy: GBM-Sexual Discrimination & Harassment

Date Adopted: 8 September 1993

Current Review/ Revision: 12 March 2003


Sexual harassment of employees and students will not be tolerated in the Emery County School District. Emery County School District includes school district facilities, school district premises, and non-school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Sexual harassment by board members, administrators, employees, parents, students, vendors, and others doing business with the school district is prohibited. Employees whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action. Other individuals whose behavior is found to be in violation of this policy will be subject to appropriate discipline or sanctions as determined and imposed by the superintendent or board.

It shall be the responsibility of the board members, administrators, certified and classified employees, students, and others having business or contact with the School District to act appropriately under this policy. It shall be the responsibility of the superintendent, district staff, and principals to inform and educate employees, students, and others involved with the school district about sexual harassment and the district's policy prohibiting sexual harassment.

It shall be the responsibility of the Superintendent and District Staff to develop administrative rules regarding this policy.

Definition

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • the employee's submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  • the employee's submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;
  • the employee's conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working
  • The student's (or others') conduct has the purpose or effect of creating an intimidating, hostile, or offensive learning
  • The student's (or others') conduct includes any suggestion, request, demand, or pressure for sexual involvement, accompanied by an implied or explicit threat concerning one's grades extra-curricular standing, job,

Reporting Procedures

Employees and students who believe they have been the victim of Sexual harassment should report such matter to the appropriate school district official as designated by this policy.

  • In Each School: The building principal is the person responsible for receiving oral or written reports of sexual harassment at the building level. Upon receipt of a report, the principal will immediately investigate the allegation as outlined in this policy, and attempt to resolve the complaint at the school A written report will be forwarded simultaneously to the OCR Compliance Officer and the Superintendent. If the report was given verbally, the principal shall reduce it to written form and forward it within 24 hours. If the complaint involves the building principal, the complaint shall be filed directly with the OCR Compliance Officer or the Superintendent.

Principals shall report every allegation of sexual harassment immediately to the parents of any students involved. Before conducting any investigative interviews with students, principals shall give parents notice of their right to be present. Parents must be kept informed of the progress of any investigation. Sexual harassment among students should be handled at the school level, unless there is specific reason for referring the matter to the Superintendent, such as to consider expulsion or alternative placement.

  • District-Wide: The OCR Compliance Officer and the Superintendent are designated by the Board to receive and investigate reports or complaints of sexual harassment from any individual, employee, or victim of sexual harassment and also from building principals as outlined The Supervisor of Elementary Education is designated as the OCR Compliance Officer for the Emery County School District.

Investigation Procedures

District officials authorized to investigate reports of sexual harassment include the building principal, the Superintendent, and the OCR compliance officer.

Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts. If not previously submitted, the investigator will have the complainant fill out and submit the Sexual Harassment Complaint Form (GBM-E/ACA-E). It shall be the responsibility of the investigator to promptly and reasonably investigate claims of sexual harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as appropriate. Information regarding an investigation of sexual harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process. All investigative reports must be thorough and factual, including detailed evidence and information about all alleged incidents.

Points to remember in the investigation:

  • Evidence uncovered in the investigation is
  • Complaints must be taken seriously and
  • No retaliation will be taken against individuals involved in the investigation
  • Retaliators will be disciplined up to and including discharge or

Retaliation

No one shall retaliate against an individual because they have filed a sexual harassment complaint, assisted or participated in a sexual harassment investigation, proceeding, or hearing regarding a sexual harassment charge, or because they have opposed language or conduct that violates this policy.

Non-Harassment

The School District recognizes that not every advance or consent of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory effect requires a determination based on all the facts and surrounding circumstances.

 

Sexual Harassment Administrative Rules & Guidelines


The purpose of the Emery County School District Sexual Harassment Policy is to assure staff, students, parents, and others involved with the school district, an environment which is free from sexual harassment, Sexual harassment is improper, immoral, illegal, and will not be tolerated in the district.

Some Examples of Behaviors That Are Very Likely to be Considered Sexual Harassment

  • unwanted sexual advances, including propositioning, or repeated asking someone out for a date, when it is clear that the person is not interested;
  • explicitly or implicitly offering employment benefits, or employment advances in exchange for sexual favors;
  • making or threatening reprisals after negative response to sexual advances;
  • making derogatory or offensive comments, jokes, epithets, or slurs; making sexual remarks about another's or one's own body;
  • displaying sexually suggestive pictures, cartoons, photographs, posters, or objects;
  • making graphic comments about an individual's body; sing sexual terms to describe an individual; disturbing, suggestive or obscene letters, notes, or invitations; and
  • making sexual gestures; leering; unwanted pats, hugs, or other unwanted

What To Do If Sexually Harassed

  • If you believe you are being sexually harassed, you should consider telling the person that you do not like what is happening and you want it stopped. In many cases your clear statement that you want something stopped will be enough to take care of the situation. You are not required, however, to confront the person in this
  • You have the right and are encouraged to report the problem immediately to the appropriate school official as outlined in the policy. You should not feel embarrassed, intimidated, or reluctant to file a harassment report. You will not be subject to retaliation for doing

Investigation

  1. Investigations procedures are outlined in the policy. The goal of each investigation shall be twofold;
  • to determine the facts about what really happened; and
  • to seek a fair and equitable resolution to each sexual harassment complaint.

Corrective Action

1. Once the facts in a case have been determined, a concentrated effort shall be made to resolve the case. Final resolution may include but shall not be limited to:
  • appropriate corrective action or discipline against violators of sexual harassment;
  • agreement among the parties which resolves the issues; or
  • determinations that sexual harassment did not occur.
2. Substantiated charges of sexual harassment against a student shall subject the student to corrective action or discipline, including the possibility of expulsion, suspension, or alternative
3. Substantiated charges of sexual harassment against an employee shall subject the employee to corrective action or discipline, including the possibility of suspension or dismissal.