Scott P. MorganProvisional HR Director

Waterbury Career AcademyMonday, August 17, 2014

TITLE VII & IXOVERVIEW

This training is being provided for educational purposes only and is not meant to offend anyone.

In addition, the material covered is meant to inform participants about this topic, and is not considered a legal consultation.

DISCLAIMER

• What to REMEMBER

• It’s the LAW

• What’s Covered

• Overt & Covert Harassment

• “Bullying”

• When to Report

• Investigations

• CT Code of Professional Responsibility

• Other: FOIA/FERPA, EAP & Attire

• Quiz

PRESENTATION

EMPLOYEES and STUDENTS are entitled to a workplace or school free from harassment & discrimination.

IT’S the LAW!!!

REMEMBER…

TITLE VII: On July 2, 1964 President Johnson signed the “Civil Rights Act of 1964” into law. This is the most sweeping civil rights legislation in almost 100 years since reconstruction.

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TITLE IX: On June 23, 1972 President Nixon signed the “Education Amendments of 1972” which applies to all federally funded educational activites or programs.

It’s the Law!!!

TITLE VII (Employment)

Alters an employee’s condition of employment

TITLE IX (Education)

Interferes with student’s education

IT’S ILLEGAL WHEN….

TITLE VII

•Sexual Harassment– Includes hostile work environment

•Discrimination– Includes sex, race, color, religion, national

origin, age, disability

•Retaliation

What’s Covered

TITLE IX

•Sexual Harassment– Also includes gender identity, expression and stereotyping

•Discrimination– Athletics– Pregnancy and Parenting– Single Sex Education– STEM (Science, Technology, Engineering & Math)– CTE (Career & Technical Education)– Discipline

•Retaliation

What’s Covered

Some harassment is EASY to recognize because of its obviously vulgar or highly offensive nature:

• Epithets or stories

• Explicit graffiti, posters, e-mails, IM’s, text messages, calendars

• Vulgarity which interferes with job performance

• Overt sexual conduct (heterosexual or homosexual)

• Abusive language, posters, drawings

• Gestures

• Unwanted physical contact

OVERT

Some harassment is NOT SO EASY to recognize:

• Passive-Aggressive behavior

• Gossiping

• Inappropriate and/or unprofessional non-verbal behavior

• Constant negativity

• Refusal to conduct business required communications

• Unwanted physical contact

• Acting in concert with others to hurt a co-workers feelings or in an attempt to make a co-worker feel embarrassed or inferior

COVERT

http://ihatejudgejudy.weebly.com/index.html

Insubordination

Any DEFIANT language or behavior that destabilizes the credibility or undermines the authority of a superior:

•Degrees - from questioning to outright refusal to work (from insolence to insubordination)

•Unless your health or safety is in jeopardy, comply with the directions of your superior and, if you disagree, then select the appropriate time and venue to address your concerns

Documents & YOU

F.O.I.A. ???

F.E.R.P.A. ???

Documents & YOU

• The Freedom of Information Act (FOIA) is a law that gives you the right to access information from government. It is often described as the law that keeps citizens in the know about their government.

• The Family Educational Rights and Privacy Act (FERPA)is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

• Teacher, Classroom Aide and Bus Driver• Teacher at Wilby• Incidents at Duggan & Hopeville• Principals at Bunker Hill & Carrington• Bullying in Wolcott

• News Alert: We check Police Blotters!

LEVELS OF PROOF

• No Evidence – no trace

• Scintilla – any, even the smallest

• Reasonable Suspicion – based on fact, not a hunch

• Probable Cause – reasonable & trustworthy

• Preponderence – greater weight

• Clear & Convincing – a firm belief

• Beyond a Reasonable Doubt – supported by fact and evidence

• A hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a basis for comparison.

• The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances.

• EEO – Subjective – how the victim feels and not how or what you meant.

REASONABLE PERSON

“Bullying”

Considerations:

•Severity

•Frequency

•Relationship – imbalance of power

•Ages

•Impact on victim

Repeated, unwanted and unwelcomed harassment that is:1.Severe,

2.Pervasive or

3.Objectively Offensive

Remember:1. Alters an employee’s condition of employment or

2. Interferes with student’s education

3.When in doubt – REPORT!

WHEN TO REPORT

• All complaints of sexual harassment must be taken seriously!

• Once a complaint is made, supervisory employees should report it immediately to officials designated by the employer.

• The employer must take appropriate action to end the harassment and prevent it from reoccurring

• Contents of the complaint are personal and confidential and are not to be disclosed except to those persons with a need to know!

ONCE REPORTED

”Umm’ is not an answer

If you are involved in an investigation you must:

• Cooperate

• Tell the whole truth – Just the facts!

• Do not discuss investigation with staff, students, parents

INVESTIGATIONS

Connecticut Code of Professional Responsibility

for Educators_ _ _

Regulations of Connecticut State Agencies Section 10-145-d-400a

Professional Conduct

(a) Preamble

(b) Responsibility to the Student

(c) Responsibility to the Profession

(d) Responsibility to the Community

FOR MORE INFO VISIT: http://www.ct.gov/sde

Unprofessional Conduct*

(f) Abuse position; discriminate against students; sexually, physically or emotionally abuse students; or engage in misconduct putting students at risk

(g) Misrepresent certification; accept gratuity; sexually, physically or emotionally harass or abuse district employees; misuse funds; engage in misconduct that would impair your ability to teach

(h) Exploit education for your personal gain; be convicted of a crime involving moral turpitude or violates public trust; or knowingly misrepresent facts or make false statements

* Unprofessional conduct is not limited to the descriptors listed above

Discussion

• You can be directed by the Principal or VP• Teachers are the supervisor in the classroom• Paraprofessionals and Classroom Aides report

to you

Employee Assistance Program

“Life happens to everyone and problems are a part of life.”

• www.theEAP.com• Call 1-800-252-4555 24/7 to reach a

professional• Problem solving solutions• Confidential• Problems - - substance abuse, family

or financial and more• Benefits - - counseling, work/life,

lifestyle, wellness and more

Acceptable attire includes, but is not limited to:

a.Business suits, sport coats, tailored slacks or "Dockers"-style slacks, dress shirts, ties(encouraged), polo-style shirts, sport shirts with collar and sleeves, sweaters, dresses, skirts, blazers, pant suits, slacks, capri pants, blouses.b.Culottes and Skorts – are considered appropriate business attire.c.Stretch Pants and Stirrups (non-form fitting) - Stretch pants and stirrups made with material other than spandex or lycra and worn with a shirt or tunic.d.Tailored Shell Tops - with cap sleeves.e.Sneakers/tennis shoes if appropriate for position. i.e. PE Instructor or medical necessity.

Acceptable Attire

Unacceptable attire includes, but is not limited to:

a.Spandex or lycra stirrup pants, and stretch pants, lace stretch pants or any form fitting piece of clothing.b.Denim jeans.c.Tank, halter, and tube tops, exposed midriff blouses/shirts, mini-skirts, shorts, jogging/sweat suits, and revealing clothing.d.Sunglasses are prohibited indoors unless worn for medical reasonse.Hats, caps and bandannas (other than head coverings worn as religious garments) are prohibited. f.Sneakers/tennis shoes, (except as described above), recreational-type sandals, flip-flops and beach shoes.

Unacceptable Attire

Other:

a.Employees are expected to present a clean, neat and business-like appearance. Hair, mustaches and /or beards must be neatly trimmed and maintained.b.No facial or tongue piercing should be evidenced during working hours.c.No visible tattoos/body art

Attire

Questions???

QUIZ TIME!!!