HARASSMENT
Harassment of employees and students will not be tolerated in the school district. 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.
Harassment includes, but is not limited to, actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status and which creates an objectively hostile school environment. 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 sanctions as determined and imposed by the superintendent or board.
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:
* submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
* submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
* such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Other types of harassment may include, but not be limited to, jokes, stories, pictures, or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.
Employees and students who believe they have suffered harassment shall report such matters to the principal of the building in which the alleged violation occurred. However, claims regarding harassment may also be reported to a principal from a different building, or the Superintendent of Schools, who shall then be the alternate investigator for harassment complaints.
Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts. It shall be the responsibility of the investigator to promptly and reasonably investigate claims of 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 deemed appropriate. Information regarding and investigation of 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.
No one shall retaliate against an 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.
It shall be the responsibility of the board members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy. It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district’s policy prohibiting harassment.
It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.
COMPLAINT PROCEDURE
An employee or student who believes that they have been harassed shall notify the designated investigator of his/her building or one of the alternates listed in 405.8. 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 investigator, with the approval of the superintendent, or 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 investigators report, the superintendent may 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. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.
POINTS TO REMEMBER
* 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.
* Retaliation 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 superintendents place in the investigation process. The alternate investigator shall report the findings to the board.
NOTIFICATION
Notice of this policy will be circulated to all schools and departments of the Hartley-Melvin-Sanborn Public Schools and incorporated into parent, teacher and student handbooks. Training sessions on this policy and the prevention of sexual harassment shall be held for teachers and students in all schools on an annual basis.
Name: Mark Dorhout Phone: (712) 930-3281 (Equity Coordinator)
Name: Bill Thompson Phone: (712) 928-2022 (Alternate contact)
Adopted: March 8, 1993
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016
Revised: April 14, 1997
February 16, 2004
July 16, 2007
January 22, 2013