Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, constitute sexual harassment when:
- Submission to the conduct is made either an explicit or implicit condition of employment, status or promotion.
- Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee.
- The harassment substantially interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment.
- Submission to, or rejection of, the conduct is the basis for any decision affecting benefits, services, honors, programs, or other available activities.
An employee or Board member who feels that he/she is being harassed should immediately is encouraged to report the incident to the immediate supervisor of the accused employee or the appropriate Human Resources Department official without fear of reprisal. All complaints about behavior that may violate this policy shall be promptly investigated. The Human Resources Department shall be informed of all such complaints and will assist in the investigation and resolution of complaints. An employee making a complaint of sexual harassment shall not be required to resolve the complaint directly with the offending person.
The initiation of a complaint in good faith about behavior that may violate this policy shall not adversely affect the terms or conditions of employment or the work environment of the complainant. There shall be no retaliation by the District against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of sexual harassment.
It is the intent of the Board that appropriate corrective action will be taken by the District to stop the sexual harassment, prevent its recurrence and address negative consequences. Employees in violation of this policy shall be subject to discipline, up to and including dismissal and/or additional sexual harassment awareness training, as appropriate. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the Superintendent or Board.
The Superintendent shall ensure prompt and strict enforcement of Board policy.
(cf. 1312.3 – Public Complaint Concerning Discrimination)
(cf. 1312.1 – Public Complaints Concerning School Personnel)