4118.3

4218.3

Policy

Personnel

Rights, Responsibilities and Duties

Harassment

The Ashland-Greenwood Public Schools shall maintain a environment that is free from intimidating, hostile or offensive behavior; unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication constituting harassment or sexual harassment. Harassment by board members, administrators, certified and support personnel, classified personnel, students, vendors and any others having business or other contact with this school district is prohibited. School district shall include district owned facilities; school district property or property within jurisdiction of the school district; while on school-owned or school-operated transportation; while attending or engaging in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the district.

Employees whose behavior is found to be in violation of this policy shall be subject to the investigation procedure, which may result in discipline, up to, and including discharge. Other individuals whose behavior is found to be in violation of this policy will be subject to appropriate sanctions as determined appropriate by the administrator or board.

Harrassment includes, but is not limited to, racial, religious, national origin, marital status, disability and sexual harassment. Sexual harassment may include verbal harassment or abuse, unwelcomed pressure for sexual activity, repeated unwelcomed remarks with sexual or demeaning implications, unwelcomed touching, and suggesting or demanding sexual involvement by implied or explicit threats or promises of benefit concerning one's employment or education. Such conduct shall constitute a violation of this policy when:

submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or education, or participation in school programs or activities; or

submission to or rejection of such conduct by a person is used as the basis for academic or employment decision affecting that person; or

such conduct has the clear purpose or effect of interfering with a person's academic or professional performance or creating an intimidating, hostile or offensive employment or educational environment;

Sexual harassment as set out above, may include, but is not limited to the following:

• verbal or written abuse or unwelcome communication implying sexual motives or intentions; or

• pressure for sexual activities, repeated remarks to a person with sexual or demeaning implications; or

• unwelcome touching;

• unwelcome and offensive public sexual display of affection;

• suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's job, promotions, recommendations, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble individuals when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of employment

• Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or

• Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or

• Creating an intimidating, offensive or hostile learning or work environment.

Harassment as set forth above may include , but not limited to following :

• Verbal, physical or written harassment or abuse

• Repeated remarks of a demeaning nature

• Implied or explicit threats concerning one's grades, achievements, etc.;

• Demeaning jokes, stories, or activities directed at an individual.

Employees who witness or are the victims of sexual harassment shall immediately notify the building principal who shall be the investigator, or the opposite building principal who shall be the alternate investigator, as may be appropriate under the circumstances.

The Building Principals shall be the harassment compliance officers for the district. In the event that the a Building Principal becomes a party to a harassment complaint, the opposite building Principal shall be the alternate compliance officer. Complaints reported to the compliance officer shall be investigated by him or her and handled in a timely and confidential manner. The investigator shall report his/her findings and recommendations on to the Superintendent of Schools who shall complete such further investigation as may be required and take such final action as appropriate. Information regarding an investigation of alleged harassment shall be confidential, and those persons involved in the investigation shall not discuss information regarding the complaint outside the investigation.

Person found in violation of this policy shall be subject to discipline, which may include reprimand, probation, demotion, suspension, termination, or other sanction as determined appropriate by the board.

No on shall retaliate against any employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy. The policy should be used when an employee is the alleged harasser or the alleged victim.

It shall be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy. The superintendent or superintendent's designee shall also be responsible for organizing training programs to educate employees, students, and others involved with the school district about harassment and the school district's policy prohibiting harassment. The training shall include how to recognize harassment and what to do in case an individual is harassed. The employee training will be documented.

Any requirements regarding harassment that are detailed in master labor agreements between members of collective bargaining units and the board shall be followed. Employees who believe that their complaint has not been satisfactorily resolved may utilize the normal grievance procedure.

Legal Reference: Section 703 of Title VII; Civil Rights Act of 1964; Title IX of the Education Amendments of 1972

Adopted: May 4, 1994

Amended: August 7, 1995

Amended: February 16, 2004

4118.3

Regulation

Personnel

Rights, Responsibilities and Duties

Harassment

Investigating and Reporting

Harassment of employees and students will not be tolerated in the school district.

Harassment is a violation of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws. The school district has the authority to report students violating this rule to law enforcement officials.

Employees whose behavior is alleged 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 alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Individuals who feel that they have been harassed by employees, board members, administrators, parents, vendors or others doing business with the school district should communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. If the individual needs assistance communicating with the harasser, he/she should ask a teacher, counselor or principal to help.

Complaint Procedure

An employee or student who believes that they have been harassed shall notify building principal, the designated investigator. The alternate investigator is another principal. The

investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

The superintendent, or the investigator with the approval of the superintendent, has the authority to initiate a harassment investigation in the absence of a written complaint.

Investigation Procedure

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.

Resolution of the Complaint

The superintendent will complete the next step in the investigation reasonably and promptly

upon receipt of the investigator’s report. Following the investigator’s report, the superintendent many investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline, up to and including, discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the

superintendent’s discretion, interview the complainant and the alleged harasser. The

superintendent shall file a written report closing the case and documenting any disciplinary or other action taken in response to the complaint. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

Points to Remember in the Investigation

· Evidence uncovered in the investigation is confidential.

· Complaints must be taken seriously and investigated.

· No retaliation will be taken against individuals involved in the investigation process.

· Retaliators will be disciplined up to and including discharge.

Conflicts

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator.

If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent’s place in the investigation process. The alternate investigator shall report the findings to the board.

Adopted: Feb 16, 2004

Regulation

4118.3

4118.5

4218.3

Personnel

Harassment and Complaints

Witness Disclosure Form

Name of witness: __________________________________________________________

Position of witness: ________________________________________________________

Date of testimony, interview: _________________________________________________

_________________________________________________________________________

Description of instance witnessed: _____________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Any other information:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

I agree that all of the information of this form is accurate and true to the best of my knowledge.

_____________________________________________

Signature

________________________

Date

Regulation

4118.3

4118.5

4218.3

Personnel

Harassment and Abuse Complaints

Complaint Form

Name of complainant: ____________________________________________________________________

Position of complainant: __________________________________________________________________

Date of complaint: ______________________________________________________________________

Name of alleged harasser: ________________________________________________________________

Date and place of incident or incidents: ______________________________________________________

______________________________________________________________________________________

Description of misconduct: ________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Name of witnesses (if any): _______________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Evidence of harassment, (i.e. letter, photos, etc. - please attach if possible): _________________________

______________________________________________________________________________________

Any other information: ___________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

_____________________________________________ ________________________

Signature Date