KYRENE SCHOOL DISTRICT Employee Training 1 Sexual Harassment

KYRENE SCHOOL DISTRICT Employee Training 1

Sexual Harassment of Employees: Title VII and ACRA Sexual Harassment is a form of sex discrimination in the workplace that violates Title VII of the Civil Rights Act of 1964 and the Arizona Civil Rights Act (ACRA). It is unlawful to harass an applicant or employee because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. 2

Sexual Harassment of Employees: Title VII and ACRA Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). 3

Sexual Harassment Can Occur In a Variety of Circumstances § Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. § The harasser may be the victim’s supervisor, a supervisor in another area, a co-worker, a student, a parent or a vendor. § The victim does not have to be the person who is directly harassed, but could be anyone affected by the offensive conduct. § The harasser’s conduct must be considered unwelcome. 4

Kyrene Governing Board Policy ACA All individuals associated with this District, including, but not necessarily limited to, the Governing Board, the administration, the staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment. Sexual harassment is prohibited and shall not be tolerated. Any individual who engages in sexual harassment while acting as a member of the school community or while on District property shall be in violation of this policy. The Compliance Officer is the Assistant Superintendent of Human Resource Services. Any person who feels unlawfully discriminated against or who has been the victim of unlawful discrimination by an agent or employee of the district or who knows of such discrimination against another person should file a complaint. 5

Legal Responsibility: Prevent and Stop Sexual Harassment The Employer is liable under the law if it: § knew, or should have known of the harassment, and failed to take immediate and appropriate action when the harassing conduct was known; § failed to take preventive steps such as implementing employee training, establishing no-tolerance policies, and creating effective complaint procedures Prevention is the best tool to eliminate sexual harassment in the workplace! 6

Sexually Harassing Conduct can be: Verbal or Written § Derogatory or offensive remarks about women or men in general § Comments or sexual innuendo about a person’s clothing or body § Sexually based jokes or stories, offensive texts, emails, letters. § Repeatedly asking a person out who is not interested § Asking questions about someone’s personal or sex life § Telling lies or spreading rumors about someone’s personal or sex life 7

Sexually Harassing Conduct can be: Non-Verbal or Visual § Leering, looking up and down a person’s body § Making gestures or facial expressions of a perceived sexual nature (blowing kisses, licking lips, winking, etc. ) § Displaying sexually suggestive visuals (photos, cartoons, drawings, cell phone images, etc. ) § Paying unwanted attention to someone (staring, following, etc. ) § Blocking or impeding a person’s movement 8

Sexually Harassing Conduct can be: Physical § Unwelcome touching of a person’s clothing, hair or body including: kissing, hugging, patting, stroking § Invading personal space § Intentionally brushing up against a person § Blocking a person’s movement § Touching oneself in a sexual manner around another person 9

Rights & Responsibilities Rights under Title VII: Employees have a right under the law to work in an environment free of sexual harassment. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation Responsibilities: Every employee has an obligation to treat all other employees with respect and sensitivity. Every employee has a duty to report sexual harassment to their employer. 10

What Employees Can Do ü Always model respectful behavior. ü Inform the harasser directly that the conduct is unwelcome and must stop. ü Document unwelcome or harassing incidents. ü Report offensive conduct or retaliation immediately to your supervisor and to the Compliance Officer, and complete a written complaint (Policy ACA-E). ü Contact your Employee Association or Human Resources for support and guidance. 11

Sexual Harassment of Students: TITLE IX Sexual harassment and sexual violence against students is prohibited under Title IX of the Education Amendments of 1972. All public and private education institutions that receive any federal funds, including Kyrene School District, must comply with Title IX prohibits unwanted and unwelcome sexual behavior that significantly interferes with a student's access to educational opportunities. Schools have an obligation under Title IX to prevent and address harassment against students perpetrated by peers, teachers, or other school officials. 12

Legal Responsibility: Address Sexual Harassment & Sexual Violence § If a school knows or reasonably should know about sexual harassment or sexual violence, the school must take immediate and effective action to eliminate the conduct, prevent its recurrence, and address its effects. § Even if a student or his/her parent does not want to file a complaint or does not request that the school take any action on the student’s behalf, a school must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation. § A criminal investigation of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably. 13

Maintain Professional Conduct with Students ü Avoid physical contact with students except as permitted by Governing Board Policy to keep kids safe ü Respect the student’s personal space ü Refrain from staring, impeding movement, inappropriate joking or gestures and suggestive conversations ü Be careful not to single out, show excessive attention, or provide special treatment to a particular child or group of students ü Avoid commenting on a student’s appearance, which may be perceived as overly personal 14

Peer-to-Peer Sexual Harassment Student-on-student behaviors that are unwelcome and harassing may include: § § § § Sexual comments, jokes, gestures Touching, grabbing, groping, or pinching in a sexual way Intentionally brushing up against someone Displaying sexual images or graphics Demeaning , derogatory, or abusive comments about girls or boys in general Spreading sexual rumors or claiming someone is gay or lesbian Flashing or mooning 15

Peer-to-Peer Sexual Harassment Do not ignore sexual harassment of students by other students! Take prompt and appropriate action: ◦ Report incidents to the school administrator or Compliance Officer immediately ◦ Report incidents to law enforcement, as required by Arizona Statute related to mandatory child abuse reporting ◦ Protect the “victim” - which may include moving the “perpetrator” 16

Kyrene School District Assurances The District will adhere to Governing Board Policy and Procedures: “Sexual harassment is prohibited and shall not be tolerated. ” o Policy ACA - Sexual Harassment o Policy ACA-R – Sexual Harassment Regulation o Policy ACA-E - Sexual Harassment Exhibit (Complaint Form) Link to Board Policy Manual A complaint of sexual harassment will be immediately investigated, and confidentiality will be maintained to the extent possible (limited to a “need to know” basis and subject to mandatory reporting statutes). Retaliation against an individual for reporting sex discrimination or for cooperating in an investigation will not be tolerated! 17