CODE D12
(Mandatory)[1]
POLICY: HARASSMENT
OF EMPLOYEES
A. Policy
The _____________School
District is committed to providing all employees a safe and supportive work
environment in which all members of the school community are treated with
respect. Harassment is a form of unlawful discrimination, as well as
disrespectful behavior, which will not be tolerated.
The ____________School
District shall provide employees a work environment free of unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct, or
communications constituting harassment as defined and otherwise prohibited by
state and federal law.
B.
Definitions
a)
Submission to such
conduct is made either explicitly or implicitly a term or condition of an
individual's employment; or
b)
Submission
to or rejection of such conduct by an individual is used as a component of the
basis for employment decisions affecting such individual; or
c)
Such
conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile or offensive
working environment.
C. Examples
Harassment
can include any unwelcome verbal, written or physical conduct which offends,
denigrates, or belittles an individual because of an employee’s race, religion,
creed, color, national origin, marital status, sex, sexual orientation, gender
identity age, ancestry, place of birth or disability. Such conduct includes,
but is not limited to, unsolicited derogatory remarks, jokes, demeaning
comments or behavior, slurs, mimicking, name calling, graffiti, innuendo,
gestures, physical contact, stalking, threatening, bullying, extorting or the
display or circulation of written materials or pictures.
1.
Sexual Harassment
Sexual harassment may
include, but is not limited to, unwelcome touching, crude jokes or pictures,
discussions of sexual experiences, teasing related to sexual characteristics,
pressure for sexual activity whether written, verbal or through physical
gestures, display or sending of pornographic pictures or objects, obscene
graffiti, and spreading rumors related to a person's alleged sexual activities.
2.
Racial and Color Harassment
Racial or color
harassment can include unwelcome verbal, written or physical conduct directed
at the characteristics of a person’s race or color such as nicknames
emphasizing stereotypes, racial slurs, comments on manner of speaking, and
negative references to racial customs.
3.
Creed Harassment
Harassment on the
basis of creed includes unwelcome verbal, written or physical conduct directed
at the characteristics of a person’s religion or creed such as derogatory
comments regarding surnames, religious tradition, or religious clothing, or
religious slurs or graffiti.
4.
National Origin Harassment
Harassment on the
basis of national origin includes unwelcome verbal, written or physical conduct
directed at the characteristics of a person’s national origin such as negative
comments regarding surnames, manner of speaking, customs, language or ethnic
slurs.
5.
Marital Status Harassment
Harassment on the
basis of marital status includes unwelcome verbal, written or physical conduct
directed at the characteristics of a person’s marital status, such as comments
regarding pregnancy or being an unwed mother or father.
6.
Sexual Orientation Harassment
Harassment on the
basis of sexual orientation includes unwelcome verbal, written or physical
conduct directed at the characteristics of a person’s sexual orientation such
as negative name calling and imitating mannerisms.
7.
Gender Identity Harassment
Harassment on the
basis of gender identity includes unwelcome verbal, written or physical conduct
directed at an individual’s actual or perceived gender identity, or
gender-related characteristics intrinsically related to an individual’s gender
or gender identity, regardless of the individual’s assigned sex at birth.
8.
Disability Harassment
Harassment on the
basis of a person’s disabling mental or physical condition includes any
unwelcome verbal, written or physical conduct directed at the characteristics
of a person’s disabling condition such as imitating manner of speech or
movement, or interference with necessary equipment.
Harassment includes,
but is not limited to, examples cited in this policy.
D.
Reporting
It
is the express policy of the __________________ School District to encourage
employee targets of harassment and employees who have first-hand knowledge of
such harassment to report such claims. Employees who witness or are targets of
harassment are encouraged to report the incident(s) immediately to their
immediate supervisor or another administrator who is not the subject of the
complaint as may be appropriate under the circumstances.
Targets
of harassment are encouraged to directly inform the person engaging in the
harassing conduct or communication that such conduct or communication is
offensive and must stop.
Complaints
will be kept confidential to the extent possible given the need to investigate
and act on investigative results.
There
will be no adverse action taken against a person for making a complaint of
harassment when the complainant honestly believes harassment has occurred or is
occurring, or for participating in or cooperating with an investigation. Any
individual who retaliates against any employee or student
who reports, testifies, assists or participates in an investigation or hearing
relating to a harassment complaint will be subject to discipline by the School
District.
Administrative Responsibility and Action
An
employee who receives a complaint of harassment shall promptly inform the
Principal (or designee) or another administrator who is not the subject of the
complaint.
The
school district is responsible for acting on any information regarding
harassment of which it is aware. The Superintendent shall provide for a
thorough, prompt investigation of the incident; the investigation and written
report shall be completed in a timely fashion in accordance with school
procedures after a report or complaint, formal or informal, written or oral,
has been received. No person who is the subject of a complaint shall conduct
such an investigation.
The
school district shall take disciplinary or remedial action as appropriate in
order to ensure that further harassment does not occur. Such action may
include, but is not limited to, education, training, counseling, transfer,
suspension and/or expulsion of a student and education, training, counseling,
transfer, suspension and/or termination of an employee.
Any
person who knowingly makes a false accusation regarding harassment will be
subject to disciplinary action up to and including discharge of employees, or
suspension and expulsion of students.
A
person judged to be in violation of this policy and subjected to action under
it may appeal the determination and/or the action taken in accordance with
procedures adopted under this policy. The procedures shall be consistent with
the provisions of any applicable collective bargaining agreement.
The
superintendent shall use all reasonable means to inform students, employees,
and the community that the district will not tolerate harassment. A copy of
this policy shall be provided to students, employees and parents each year and
shall be included in the appropriate materials that are disseminated to the
school and community.
The
superintendent shall develop age-appropriate methods of discussing the meaning
and substance of this policy with employees and students in order to help
prevent harassment. Training may be implemented in the context of employee
professional development and the school curriculum to develop broad awareness
and understanding among all members of the school community.
[7]A complainant who is dissatisfied with this employer’s action, or is
otherwise interested in doing so, may file a complaint by writing any of the
following state or federal agencies.
Vermont Attorney General’s Office, Civil Rights Unit, 109 State Street, Montpelier VT 05609. Tel:
Equal Employment Opportunity Commission, 1 Congress Street, Boston MA 02114. Tel:
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Date Warned: |
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Date Adopted: |
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Legal Reference(s): |
9 V.S.A. §§4502 et seq.
(Public accommodations) |
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16 V.S.A. 11(a)(26)
(Definitions) |
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21 V.S.A. §§495 et seq.
(Unlawful employment practice, sexual harassment) |
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42 U.S.C. §§2000e et
seq. (Title |
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29 C.F.R. 1604.11 (Equal
Opportunity Employment Commission) |
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Cross Reference: |
Harassment of Students
(F20) |
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Board Commitment to
Non-Discrimination (C6) |
[1] 21
V.S.A. §495h(b)(1) requires a sexual harassment policy
with specific components of all employers. This model policy applies to
harassment on the basis of other protected classes as well. See
also 29 C.F.R. § 1604.11(f). “An
effective preventative program should include an explicit policy against sexual
harassment that is clearly and regularly communicated to employees and
effectively implemented.” See also
Questions and Answers for Small Employers on Employer Liability for Harassment
by Supervisors, U.S. Equal Employment Opportunity Commission at www.eeoc.gov/policy/docs/harassment-facts.html.
[2] See 21 V.S.A. §495d(2). This is the definition of employee used in
the Vermont Fair Employment Practices Act.
A definition including volunteers, student teachers and others not
compensated by the school district could, at the option of the board, be used
to expand the protections provided by this policy.
[3] 21 V.S.A. §1726(a)(7) makes it an unfair labor practice for a municipal employer to discriminate on the basis of age over 40. School districts are considered municipal employers for purposes of the unfair labor practices provisions of the Municipal Labor Relations Act. See 21 V.S.A. §1722(13); 1735.
[4] 21 V.S.A. §1726(a)(7).
[5] 21 V.S.A. §495(a)(1). The Vermont Fair Employment Practices Act makes it unlawful for an employer to discriminate on the basis of ancestry or place of birth. Harassment is generally considered one form of discrimination.
[6] See 9 V.S.A. §4502. Public Accommodations Act.
[7] Required by 21 V.S.A. §495h(b)(F).