Penn-Trafford
School District
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efficient, quality education
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Penn-Trafford
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POLICIES ON SEXUAL HARASSMENT, A. STATEMENT OF POLICY The Penn-Trafford School District believes that all employees and students should enjoy a working and learning environment free from all forms of discrimination including sexual harassment, harassment based on race, national origin, disability or religion and harassment based on bullying and intimidation. Therefore, the Penn-Trafford School District maintains a firm policy prohibiting all forms of discrimination based on sex, race, national origin, disability, religion, bullying and intimidation. Sexual harassment, harassment based on race, national origin, disability and religion, and harassment based on bullying and intimidation of any student or employee by another student or employee is sexual discrimination/ discrimination. All persons are to be treated with respect and dignity. It shall be a violation of this policy for any employee or student of the Penn-Trafford School District to make sexual advances or other forms of personal harassment toward another person, male or female, which creates an intimidating, hostile or offensive learning or work environment. The School District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment, harassment based on race, national origin, disability, and religion and harassment based on bullying and intimidation and discipline any employee or student who harasses a student or another employee. For the purpose of this policy, school personnel include any employee of the school district, school board members, agents, volunteers, contractors, and other persons who are subject to the direct supervision and control of the school district. When any type of harassment occurs or is reported, the school district shall: 1. Investigate all complaints, written or verbal; 2. Take appropriate action to stop harassment; 3. Take appropriate actions against the perpetrator who violates the policy and take actions to prevent future harassment of school personnel and students. B. DEFINITIONS AND AUTHORITY Sexual harassment is a form of sex discrimination that violates Section 703 of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et. seq. For Employees: "Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. 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." Reference: 29 C.F.R. Sec. 1604.11 (a) (1987) Examples of sexual harassment include, but are not limited to: 1. Verbal harassment or abuse 2. Subtle pressure for sexual activity 3. Inappropriate patting or pinching 4. Demanding sexual favors accompanied by implied or overt threats or promises concerning an employee's professional status 5. Any unwelcomed sexually motivated touching 6. Comments regarding physical or personality characteristics of a sexual nature 7. Sexually-oriented "kidding", "teasing", double entendres, and jokes 8. Spreading sexual rumors 9. Sexual slurs, leering, epithets (nicknames), verbal abuse, derogatory comments or sexually degrading descriptions 10. Displaying sexual objects, pictures, cartoons, or posters 11. Sending pornographic or sexual messages through email. For Students: Unwelcomed sexual advances, requests for sexual favors, and other inappropriate oral, written or physical conduct of a sexual nature when made by a member of the school staff to a student or when made by any student to another student constitutes sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education; 2. Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or 3. Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile, or offensive academic environment. Examples of sexual harassment include, but are not limited to: 1. Verbal harassment or abuse 2. Subtle pressure for sexual activity 3. Inappropriate patting or pinching 4. Intentional brushing against a student 5. Demanding sexual favors accompanied by implied or overt threats or promises concerning a student's educational status 6. Any unwelcomed sexually motivated touching 7. Comments regarding physical or personality characteristics of a sexual nature 8. Sexually-oriented "kidding", "teasing", double entendres, and jokes 9. Spreading sexual rumors 10. Sexual slurs, leering, epithets (nicknames), verbal abuse, derogatory comments, or sexually degrading descriptions 11. Displaying sexual objects, pictures, cartoons, or posters 12. Sending pornographic or sexual messages through email. HARASSMENT BASED ON RACE, NATIONAL ORIGIN, DIABILITY OR RELIGION (Title IX of the Education Amendments of 1972) For Employees and Students: Harassment based on race, national origin, disability or religion consists of physical or verbal conduct relating to a person's race, national origin, disability or religion when the conduct: 1. Creates a working or educational environment that is intimidating, hostile or offensive; 2. Interferes with a person's work or education; or 3. Is serious enough to limit a person's employment opportunities or ability to participate in or benefit from the educational program. Examples of conduct which may constitute harassment based on race, national origin, disability or religion may include: 1. Graffiti containing racially offensive language 2. Name calling, jokes, or rumors 3. Physical acts of aggression toward a person or that person's property because of race, national origin, disability or religion 4. Hostile acts based on race, national origin, disability or religion 5. Written, posted, or circulated material that intimidates or threatens individuals based on race, national origin, disability or religion. Harassment Based on Bullying and Intimidation (HB 2178) For employees and Students: Harassment based on bullying and intimidation consists of a pattern of abuse over time and involves a student being "picked on." Bullying and intimidation involve a power imbalance between victim and bully, an intent to harm, and repeated acts, which impact the victim negatively. Examples of conduct which may constitute bullying and intimidation may include: 1. Physical intimidation or assault 2. Extortion 3. Oral or written threats 4. Teasing, put downs, or name calling 5. Threatening looks, gestures, or actions 6. Cruel rumors or false accusations 7. Social isolation. C. PROCEDURES The Penn-Trafford School District has developed the following system to address, investigate and resolve complaints involving sexual harassment, harassment based on race, national origin, disability and religion and harassment based on bullying and intimidation of students and employees: Step 1--Student Harassment A. Any student who believes that he/she has been subjected to sexual harassment, harassment based on race, national origin, disability or religion or harassment based on bullying or intimidation or any school personnel who has notice that a student may have been the victim of prohibited harassment shall report all incidents of such conduct verbally, or in writing, to a guidance counselor, administrator or any school personnel (See Appendix C). In making a complaint, the complaining party has the right to request that their name not be revealed. In addition, the student may request that another adult be present while the report is being filed. Additionally, a complainant who wishes to remain anonymous will be advised that such anonymity may limit the district's ability to fully respond to the complaint. B. The school Principal or Assistant Principal will investigate the complaint immediately. The investiga tion shall be completed as soon as practicable, generally not later than 14 calendar days after receipt of complaint. If the investigation exceeds 14 calendar days, the complainant and the accused shall be notified of the reason for the extended investigation. The investigation may include an interview with both parties to provide complainant and accused with the opportunity to discuss the charges made. The administrator will attempt to remedy the situation by reaching mutual agreement at a conciliation meeting. The administrator shall determine whether interim measures should be taken pending the outcome of the investigation. Interim measures may include separating the alleged harasser and complainant, and in cases involving criminal conduct, determining whether law enforce ment officials should be notified. The Administrator shall make a written record of the conciliation meeting, the subject of the meeting and who was present. Parents will be notified immediately and asked if they would like to be the third party's advocate. (See Appendix A) C. Whether present or not, the parent will be sent a copy of the complete sexual harassment policy. Step 1--Employee Harassment A. Any employee who believes that he/she has been subjected to sexual harassment, harassment based on race, national origin, disability or religion or harassment based on bullying or intimidation or any school personnel who has notice that a school employee may have been the victim of prohibited harassment shall report all incidents of such conduct verbally, or in writing, to the Administrative Assistant (or to the Superintendent if the Administrative Assistant is involved in some way in the harassment). In making a complaint, the complaining party has the right to request that their name not be revealed. Additionally, a complainant who wishes to be anonymous will be advised that such anonymity may limit the district's ability to fully respond to a complaint. B. The Administrative Assistant will investigate the complaint and will be herein known as, the investigator. The investigation shall be completed as soon as practicable, generally not later than 14 calendar days after receipt of complaint. If the investigation exceeds 14 calendar days, the complaintant and the accused shall be notified of the reason for the extended investigation. The investigation may include an interview with both parties to provide complainant and accused with the opportunity to discuss the charges made. The investigator will attempt to remedy the situation by reaching mutual agreement at a conciliation meeting. The administrator shall determine whether interim measures should be taken pending the outcome of the investigation. Interim measures may include separating the alleged harasser and complainant, and in cases involving criminal conduct, determining whether law enforcement officials should be notified. It is the responsibility of the investigator to provide oral remedies to both parties, if possible.The investigator shall make a written record of the conciliation meeting, the subject of the meeting and who was present. (See Appendix A) Step 2--Student Complaints and Employee Complaints A. If the complaint is not resolved to the satisfaction of both parties at step 1, the complainant and the accused will each submit a detailed written statement of account to the Administrative Assistant who will inform both parties of the date of an administrative conference. The notice will be given to both parties at least three working days before the date of the conference. The notice shall include place and time of the conference and the subject of the conference. B. Should the Administrative Assistant be the complainant or the accused, the Superintendent or his/her designee shall conduct the conference. C. 1. Should the administrative conference be resolved in the favor of the accused, no further action will be necessary except that the charges and resolution may be placed in the accused personnel file, if the accused so requests. Otherwise, the charges and the transcript will be sealed and impounded. Release from impounding may be made only upon action of the Superintendent or his/her designee or a court order. 2. If the conference is resolved against the accused, appropriate disciplinary action will follow ranging from a formal letter of warning to be placed in the accused personnel file to discharge. Any disciplinary action taken will be appropriate to the infraction involved and will include the right of the employee to reply, in writing, to any charges or discipline taken against him/her and to include such reply in his/her personnel file. D. 1. Both parties shall receive written notice of the decision rendered within ten working days of the administrative conference. (See Appendix B) 2. If the accused employee so requests, or if the Administrative Assistant determines that an employee should be recommended for demotion or dismissal, or that the employee should be suspended without pay, then a hearing shall be scheduled before the Board of Directors no later than the next regularly scheduled meeting, provided that the scheduling protects the employee's rights to notification. 3. Any recommendation for demotion or dismissal of the accused, together with a detailed statement of charges on which the proposed demotion or dismissal is based, shall be given to the employee and shall be presented to the Board in writing. (See Appendix B) Step 3 -- A. Any hearing before the Board of Directors regarding demotion, dismissal or suspension without pay is a new hearing and all parties should be informed of this fact. B. Board hearings for employees will be conducted in public session, unless the employee requests a private hearing. The employee will have the same rights as for administrative conferences including the right to a notification period of ten working days. C. Any disciplinary action taken will be appropriate to the infraction involved and will include the right of the employee to reply, in writing, to any charges or discipline taken against him/her and to include such reply in his/her personnel file. D. If an employee chooses to resign as a result of charges made against him/her at any stage in the above procedures, the written documentation of charges made against the employee will be sealed and impounded, and acceptance of the resignation will be recommended to the Board of School Directors without prejudice. Such resignation must be submitted prior to a final decision by the Board of School Directors. It must also state that the resignation is voluntary, constitutes a waiver and release of all claims and is submitted in a form acceptable to the district. E. If there is a subsequent request for references or recommendations for prospective employers after an employee resigns as result of the charges or after a suspension, demotion, or dismissal, the reference will be limited to a statement that the person was employed by the District, the duration of employment, a description of the assigned duties and a statement that the person resigned voluntarily. F. If the resigned employee files a claim for unemployment compensation benefits, the sealed charges will be opened to allow the District to contest the unemployment claim. G. If at any time an employee files a claim with any governmental agency regarding an incident which occurred and was investigated under this policy, she/he then waives whatever rights she/he has under this policy. H. The procedures contained in this Policy are not intended to supersede or circumvent any procedures outlined in the School Code for the determination of competence or any procedures for redress of grievances outlined in collective bargaining agreements made with the Board. I. These provisions shall not be construed to supersede any section(s) of the School Code of Pennsylvania or any State or Federal laws regarding discipline or separation of employees; nor shall these guidelines in any way be construed so as to limit the intent of other Board policies. J. A person hired to fill a position created as a result of staff discipline procedures will be considered a substitute employee until such time as the disciplinary procedures are completely resolved. D. RETALIATION Retaliation against school personnel or students who report incidents of sexual harassment, harassment based on race, national origin, disability, or religion or harassment based on bullying and intimidation is prohibited. The school district will take appropriate actions against persons who retaliate against any school personnel or students who report incidents of any harassment. E. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURE All individuals have the right to pursue other avenues of recourse to address prohibited harassment such as initiating civil action or filing a complaint with outside agencies. F. FALSE CHARGES School personnel or students who make false charges of sexual harassment or harassment based on race, national origin, disability, or religion or harassment based on bullying or intimidation may be subject to disciplinary actions. G. APPEAL If the Administrative Assistant determines that no prohibited harassment occurred, the employee or student who was allegedly subjected to harassment may appeal this finding to the Superintendent within 5 calendar days of receiving the decision. The Superintendent shall make a decision within 30 calendar days of receiving the appeal. If the Superintendent determines that prohibited harassment occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction to the Superintendent. If the Administrative Assistant determines that prohibited harassment occurred, the employee or student who was allegedly accused as the harasser may appeal this finding to the Superintendent within 5 calendar days of receiving the decision. The Superintendent shall make a decision within 30 calendar days of receiving the appeal. FORM FOR STEP 1 CONCILIATION MEETING SUMMARY Penn-Trafford School District Conciliation Meeting Summary --Step 1 Present:_______________________________Date:______________________________ _________________________________________ _________________________________________ Complainant:_____________________________________ Accused:________________________________________ Summary of Allegations: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Accused 's Response: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Terms of Agreement for Conciliation Satisfactory to Both Parties (if any): _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (Attach letter signed by complainant summarizing allegation and satisfaction with proposed) |
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