Hoover City Schools Preventing Sexual Harassment 2008

Hoover City Schools Hoover City Schools

Preventing Sexual Preventing Sexual HarassmentHarassment

2008 2008

Hoover City Schools Policy on Hoover City Schools Policy on Sexual Harassment Sexual Harassment

Prohibited Conduct Prohibited Conduct Employees shall not Employees shall not engage in conduct constituting sexual engage in conduct constituting sexual harassment. Sexual harassment is illegal harassment. Sexual harassment is illegal and will not be tolerated. The Board shall and will not be tolerated. The Board shall investigate all allegations of sexual investigate all allegations of sexual harassment and take appropriate action harassment and take appropriate action against employees who engage in sexual against employees who engage in sexual harassment. Sanctions against employees harassment. Sanctions against employees for violation of this policy may include for violation of this policy may include verbal or written warning, transfer, verbal or written warning, transfer, suspension, or termination of employment. suspension, or termination of employment.

What is Sexual Harassment? What is Sexual Harassment?

Unwelcome or unwanted sexual Unwelcome or unwanted sexual advances, requests for sexual favors, advances, requests for sexual favors, and other verbal or physical conduct and other verbal or physical conduct of a sexual nature when ….of a sexual nature when ….


The advances, The advances, requests, or requests, or conduct have the conduct have the affect of interfering affect of interfering with performance of with performance of duties or creating duties or creating an intimidating, an intimidating, hostile, or otherwise hostile, or otherwise offensive work offensive work environment; or environment; or


Submission to such advances, Submission to such advances, requests, or conduct is explicitly or requests, or conduct is explicitly or implicitly a term or condition of implicitly a term or condition of employment; oremployment; or


Submission to or rejection of such Submission to or rejection of such advances, request, or conduct is advances, request, or conduct is used as a basis for employment used as a basis for employment decisions affecting the employee. decisions affecting the employee.

Elements of Sexual Elements of Sexual Harassment Harassment

The behavior is sexual or The behavior is sexual or related to the gender of related to the gender of the person;the person;


The behavior is unwanted The behavior is unwanted or unwelcome;or unwelcome;


The behavior occurs in The behavior occurs in the context of a the context of a relationship where one relationship where one person has more formal person has more formal power than the other.power than the other.

Forms of Sexual Harassment Forms of Sexual Harassment

COVERT COVERT

Pictures that are Pictures that are

graphic, sexually graphic, sexually explicit, degrading explicit, degrading or humiliating or humiliating

Jokes that contain Jokes that contain sexual overtonessexual overtones

Insulting sounds, Insulting sounds, obsene gestures, or obsene gestures, or suggestive behaviors suggestive behaviors

Repeatedly Repeatedly emphasizing sexuality emphasizing sexuality or the sexual identity or the sexual identity of an individual in of an individual in comments comments

Forms of Sexual Harassment Forms of Sexual Harassment

OVERT OVERT

Social or Sexual Social or Sexual

encounters or encounters or favors are favors are requested requested

Personnel Personnel decisions are decisions are based on sexuality based on sexuality or sexual behavior or sexual behavior

Physical touching, Physical touching, fondling, pinching, or fondling, pinching, or kissing kissing

Sexual assaultsSexual assaults

Types of Sexual Harassment Types of Sexual Harassment

Quid Pro Quo Quid Pro Quo HarassmentHarassment

**Latin for (something for **Latin for (something for

something)something)


Hostile Work Hostile Work Environment Environment


Inverse Inverse Harassment Harassment

Federal Laws Regarding Sexual Federal Laws Regarding Sexual Harassment Harassment

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964:TITLE VII OF THE CIVIL RIGHTS ACT OF 1964:

Title VII of the Civil Rights Act Title VII of the Civil Rights Act of 1964of 1964

Makes it unlawful for an employer to Makes it unlawful for an employer to discriminate against any individual discriminate against any individual with respect to his compensation, with respect to his compensation, terms, conditions, or privileges of terms, conditions, or privileges of employment, because of such employment, because of such individual’s race, color, religion, individual’s race, color, religion, sex sex or national origin.or national origin.

Application of the Law:Application of the Law: Sexual Harassment Sexual Harassment

Such conduct has the effect of unreasonably Such conduct has the effect of unreasonably interfering with an individual’s work interfering with an individual’s work performance or creating an intimidating, performance or creating an intimidating, hostile, or offensive working environment.hostile, or offensive working environment.

What constitutes a Hostile What constitutes a Hostile Work Environment?Work Environment?

Totality of Circumstances:Totality of Circumstances:

NATURENATURE JokesJokes Touching Touching Pornographic Material Pornographic Material Sexually derogatory statementsSexually derogatory statements Non-sexual harassment directed at one Non-sexual harassment directed at one

sexsex Propositions Propositions



RELATIVE POSITIONRELATIVE POSITION AdministratorAdministrator SupervisorSupervisor Co-WorkerCo-Worker SubordinateSubordinate OutsiderOutsider


Totality of Circumstances:Totality of Circumstances:PERVASIVENESS PERVASIVENESS OpennessOpenness FrequencyFrequency Observation by othersObservation by others PersistencyPersistency Avoidability of victim Avoidability of victim Number of harassers Number of harassers


Totality of Circumstances:Totality of Circumstances:GOOD FAITH EFFORT OF HOOVER CITY GOOD FAITH EFFORT OF HOOVER CITY

SCHOOLS SCHOOLS Clear policyClear policy Distribution of policy to employeesDistribution of policy to employees Training opportunities for Training opportunities for

employeesemployees Consistency of policy enforcement Consistency of policy enforcement Usable grievance procedure Usable grievance procedure



GOOD FAITH EFFORT OF HOOVER CITY GOOD FAITH EFFORT OF HOOVER CITY SCHOOLS SCHOOLS

(cont.) (cont.) Speed of action Speed of action Reasonableness of investigation Reasonableness of investigation Punishment of the perpetratorPunishment of the perpetrator Whether harassment continues after Whether harassment continues after

action action



Extent of participationExtent of participation Criminal or outrageous conductCriminal or outrageous conduct Injury to victim Injury to victim

What does a Harasser look What does a Harasser look like? like?

Perpetrators may be high Perpetrators may be high functioning in all other functioning in all other areas of their lives.areas of their lives.

Who Can Be A Perpetrator? Who Can Be A Perpetrator?

Basically, anyone can be Basically, anyone can be the perpetrator.the perpetrator.

Indicators of Sexual Indicators of Sexual Harassment Harassment

The perpetrator may look for victims The perpetrator may look for victims by initiating minor violations and by initiating minor violations and boundary invasions. He/she will boundary invasions. He/she will watch for reactions. watch for reactions.

Indicators of Sexual Indicators of Sexual Harassment Harassment

The perpetrator may make subtle invasions The perpetrator may make subtle invasions of the intended victims boundaries, such of the intended victims boundaries, such as:as:

Leaning too close.Leaning too close. Incidental but, none the less, inappropriate Incidental but, none the less, inappropriate

touching.touching. Strange looks or staring at body parts.Strange looks or staring at body parts. Conversations that are too long and too Conversations that are too long and too

personal.personal. Too persistent in asking for attention or a Too persistent in asking for attention or a

date.date.

What should I do as a What should I do as a victim? victim?

Tell the harasser that you dislike Tell the harasser that you dislike the behavior and expect it to the behavior and expect it to stopstop..

Keep a written record.Keep a written record. Ask friends/colleague to observe Ask friends/colleague to observe

the behavior.the behavior. Make sure that administrators Make sure that administrators

and /or supervisors are aware.and /or supervisors are aware.

What should I do if there is a What should I do if there is a legitimate sexual harassment legitimate sexual harassment

complaint? complaint?

Notify your immediate supervisor, the Notify your immediate supervisor, the Director of Human Resources, or the Director of Human Resources, or the Superintendent. Superintendent.

You have the right to make your report of You have the right to make your report of sexual harassment to a supervisor of the sexual harassment to a supervisor of the same sex if necessary.same sex if necessary.

All sexual harassment complaints will be All sexual harassment complaints will be investigated immediately.investigated immediately.

What should I do if there is a What should I do if there is a legitimate sexual harassment legitimate sexual harassment

complaint? complaint?

Employees can expect a response within Employees can expect a response within 45 days. 45 days.

No employee shall be subjected to adverse No employee shall be subjected to adverse employment action in retaliation for any employment action in retaliation for any good faith report of sexual harassment good faith report of sexual harassment under this policy. All reports of sexual under this policy. All reports of sexual harassment will be kept confidential to the harassment will be kept confidential to the fullest extent possible. fullest extent possible.

Is this Sexual Harassment? Is this Sexual Harassment?

James is Brenda’s Supervisor and they both work James is Brenda’s Supervisor and they both work during the day shift at ABC Elementary School. during the day shift at ABC Elementary School. James has insisted that Brenda spends her daily James has insisted that Brenda spends her daily breaks talking to him. James usually tells Brenda breaks talking to him. James usually tells Brenda that he thinks she is beautiful. Brenda does not that he thinks she is beautiful. Brenda does not want to spend all of her break time talking to James want to spend all of her break time talking to James but she is afraid that if she doesn’t he will change but she is afraid that if she doesn’t he will change her work schedule to the night shift . Brenda her work schedule to the night shift . Brenda already has a job working some evenings so this already has a job working some evenings so this would create quit a conflict. would create quit a conflict.


Jennifer has been receiving e-mails from Jennifer has been receiving e-mails from her co-worker Mark with jokes that her co-worker Mark with jokes that contain vulgar language. Jennifer has contain vulgar language. Jennifer has asked Mark to stop sending her these asked Mark to stop sending her these types of e-mails because it violates the types of e-mails because it violates the district’s policy and she feels district’s policy and she feels uncomfortable receiving these jokes. uncomfortable receiving these jokes. Mark has stopped sending the e-mails. Mark has stopped sending the e-mails.


Earl, Frankie, and Sally are assigned to work Earl, Frankie, and Sally are assigned to work the vegetable station in the school’s the vegetable station in the school’s cafeteria. Earl is very affectionate at work. cafeteria. Earl is very affectionate at work. He hugs both Frankie and Sally repeatedly He hugs both Frankie and Sally repeatedly throughout the work shift. Additionally, he throughout the work shift. Additionally, he tends to touch Sally in a sexual way that has tends to touch Sally in a sexual way that has caused her to become less productive at caused her to become less productive at work. Sally’s supervisor is unaware of this work. Sally’s supervisor is unaware of this behavior and Sally was given an behavior and Sally was given an unsatisfactory rating on her annual unsatisfactory rating on her annual evaluation. evaluation.


Another classroom teacher persistently Another classroom teacher persistently asks you out (even though you have said asks you out (even though you have said “no”), follows you, corners you in your “no”), follows you, corners you in your classroom, and refuses to leave you classroom, and refuses to leave you alone. alone.

If you have questions or If you have questions or comments, please comments, please

contact: contact: Mary Veal Mary Veal

Director of Human Director of Human Resources Resources

439-1040439-1040

[email protected]@hoover.k12.al.us

Documents

Hoover City Schools Preventing Sexual Harassment 2008