Policy Code: ACA
Adoption Date: Tuesday, March 28th, 2006
Review Date: Tuesday, November 18th, 2014
GENERAL STATEMENT OF POLICY
Sexual harassment is a form of sex discrimination, which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. and §34-35-2 et seq. of the Utah Anti-discrimination Act.
It is the policy of the School District to maintain a learning and working environment that is free from sexual harassment. The School District prohibits any form of sexual harassment.
It shall be a violation of this policy for any student or employee of the School District to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.
The School District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student or employee of the School District.
42 U.S.C. 2000 et seq
§5-35-1 et seq. Utah Code Annotated
SEXUAL HARASSMENT DEFINED
A. Sexual Harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
- Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
- Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
- That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or education environment.
Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy.
B. Sexual harassment may include but is not limited to:
- Verbal harassment or abuse;
- Subtle pressure for sexual activity;
- Inappropriate patting or pinching;
- Intentional brushing against a student's or an employee's body;
- Demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;
- Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status; or
- Any unwelcome sexually motivated touching.
Meritor Savings Bank v. Vinson, 477 U. S. 57 (1986)
Baker v. Weyerhauser Co., 903 F.2d 1342 (10th Cir. 1990)
Any person who believes he or she has been the victim of sexual harassment by a student or an employee of the School District, or any third person with knowledge or belief of conduct which may constitute sexual harassment should submit a written report of the alleged acts immediately to an appropriate School District official as designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School District office.
A. In Each School Building. 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 must notify the District Human Rights Officer immediately without screening or investigating the report. A written report will be forwarded simultaneously to the Human Rights Officer. If the report was given verbally, the principal shall reduce it to written form within 24 hours and forward it to the Human Rights Officer. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building principal, the complaint shall be filed directly with the District Human Rights Officer.
B. District-Wide. The School Board hereby designates The Director of Special Programs as the School District Human Rights Officer to receive reports or complaints of sexual harassment from any individual, employee or victim of sexual harassment and also from the building principals as outlined above. If the complaint involves the Human Rights Officer, the complaint shall be filed directly with the Superintendent. The School District shall conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment will not affect the individual's future employment, grades or work assignments.
D. Use of formal reporting forms is not mandatory.
The School District will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School District's legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
INVESTIGATION AND RECOMMENDATION
By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment, shall immediately authorize an investigation. This investigation may be conducted by School District Officials or a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent and the Human Rights Officer.
In determining whether alleged conduct constitutes sexual harassment, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred.
The investigation may consist of personal interviews with the complainant, the individuals against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.
The School District Human Rights Officer shall make a report to the Superintendent upon completion of the investigation.
SCHOOL DISTRICT ACTION V7
A. Upon receipt of a recommendation that the complaint is valid, the School District will take such action as appropriate based on the results of the investigation.
B. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District. The report will document any disciplinary action taken as a result of the complaint.
The School District will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
The School District recognizes that not every advance or consent of a sexual nature constitutes sexual harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances. False accusations of sexual harassment can have a serious detrimental effect on innocent parties.
RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Utah Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law.
SEXUAL HARASSMENT AS SEXUAL ABUSE
Under certain circumstances, sexual harassment may constitute sexual abuse and require reporting to appropriate authorities. In such cases, the provisions of Policy JH governing reporting of abuse should be followed.
Any school district action taken pursuant to this policy will be consistent with requirements of applicable Utah statutes and School District policies. The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate termination to end sexual harassment and prevent its recurrence.
Notice of this policy shall be communicated to all employees and students.