HARASSMENT

FILE: GAEAA

In view of the St. Mary Parish School Board's mission of creating a learning/working environment designed to encourage and to promote the acquisition of skills for earning a living together with basic academic skills, and to develop the potentials of students into abilities that will enable them to be as self sufficient as their talents permit, to function effectively in society and to live meaningful, enjoyable lives; as well as for providing a viable learning/working environment for the administration and staff for each school in the parish, the School Board opposes any and all forms of intimidation and or harassment. Harassment is a form of misconduct which undermines the integrity of a SCHOOL's employment and academic relationships. Thus, the work and learning environment requisite to a SCHOOL's mission, must be one in which all individuals are free to develop relationships, work and learn without fear of another which is intended to or has the effect of harassing, denigrating, or intimidating the listener on the basis of religion or on the basis of personal, immutable characteristics including, but not limited to racist behavior, sexual harassment, physical and/or verbal abuse, and professionally and/or personally damaging statements made about others. Therefore, strong disciplinary steps up to and including discharge, will be taken against any member of a SCHOOL's educational community who engages in any type of harassment.

THE INVESTIGATIVE PROCESS

1. The principal or designee shall be notified of any sexual harassment The complaint shall be written on a form indicating the following data:
   1. The name of the complainant
   2. The date of the complaint
   3. The date of, or period of, harassing treatment
   4. The nature of the harassment. If sexual harassment is alleged, the complainant must explain if the harassing behavior was aquid pro quo violation or a hostile environment Regardless of the nature of the harassment, the complainant must give a clear and concise explanation describing the unwelcome behavior.
   5. The place or circumstances of the harassment
   6. The accused
   7. The title of the accused (if applicable)
   8. If there were delays of more than six (6) months in reporting the incident, possible reason(s) for the delay
   9. The name of witnesses, if any
2. In the event that the Principal is himself/herself an offender of this policy, then the complainant shall file this form with the Superintendent.
3. In the event that the Superintendent is himself/herself an offender of this policy, then the complainant shall file this form with the president of the School Board. 
4. Upon receiving the written complaint, the Principal/ designee (unless "B" or "C" controls) shall thoroughly investigate and complete a written report within ten (10) working school days. 
5. After thoroughly investigating and completing the written report within ten (10) working school days, the respective author of the report (the principal, the Superintendent, or the President of the School Board) shall determine, within five (5) working days, if the complaint warrants a hearing. 
   1. If the author of the report decides the complaint warrants a hearing, said hearing shall be scheduled within ten (10) working school days. 
   2. If the decision is made not to hold a hearing, the complainant may appeal this decision, within five (5) working school days, according to the following format:
      1. If the principal/designee decides not to hold a hearing, the appeal is to the Superintendent whose decision will be final. Said decision must be made within five (5) working school days of the receipt of the appeal. 
      2. If the Superintendent decides not to hold a hearing, the appeal is to the President of the School Board whose decision will be final. Said decision must be made within five (5) working school days of the receipt of the appeal. 
      3. If the President of the School Board decides not to hold a hearing, the appeal is to the School Board whose decision will be final. Said decision must be made within five (5) working school days of the receipt of the appeal. 
   3. If the decision is upheld not to have a hearing, the author of the written report shall determine, within five (5) working school days of the receipt of the final decision, if sanctions are warranted. If sanctioned, the complainant may appeal the decision according to the following process: 
      1. If the principal/designee recommends sanctions, the appeal is to the Superintendent who may affirm, modify, or reverse the recommendation. The decision of the Superintendent is final. 
      2. If the Superintendent recommends sanctions, the appeal is to the President of the School Board who may affirm, modify, or reverse the recommendation. The decision of the President is final.
      3. If the President of the School Board recommended sanctions, the appeal is to the School Board who may affirm, modify, or reverse the recommendation. The decision of the School Board is final.
6. Any hearing shall be conducted according to the school's established hearing procedures. 
7. Reduction in pay, demotion from administrative position, termination, oral or written apology to the complainant, a reprimand letter put in the individual's personal file, suspension or expulsion, etc., are illustrative examples of possible consequences for actions violative of this policy.
    

RETALIATION:

It is strictly forbidden for any supervisor to use any form of retaliation against a complainant. If one is found guilty of retaliation, after due investigation, then one is subject to the same type sanctions illustrated in "G".

VICTIMS OF HARASSMENT

This policy shall apply to employer against employee, employees against employer, employees against employees, employees against students, students against other students, students against employee, etc.

SEXUAL HARASSMENT

Sexual harassment is form of misconduct which undermines the integrity of the parish's employment and academic relationships. All employees and students must be allowed to work in an environment free from unsolicited and unwelcome sexual overtures. Sexual harassment refers tobehavior which is not welcome, which is personally offensive, which debilitates morale, and which therefore interferes with the working or learning effectiveness of its victims and their peers. Individuals who experience sexual harassment shall make it clear that such behavior is offensive to them,and that they will proceed to file a complaint pursuant to this policy, if, AFTER SHOWING THAT THE CONDUCT WAS UNWELCOME, i.e., THAT THEY DID EVERYTHING POSSIBLE TO DISCOURAGE IT, said conduct still persists.

DEFINITIONS

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute 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 a basis for employment decisions affecting the 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. 

 The courts recognize two (2) categories of sexual harassment in the employment context:

1. QUID PRO QUO harassment occurs when someone with power conditions the granting of a benefit upon the receipt of sexual favors from a subordinate or punishes the subordinate for rejecting the offer.
2. HOSTILE WORK ENVIRONMENT harassment occurs when one or more individuals with power or co­workers create an atmosphere that has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive work environment. The harassment must be severe and pervasive. That is, hostile environment harassment can include overtly sexual acts, such as making lewd comments, or gender specific but non-sexual acts, such as sabotaging an individual's work area or jokingly placing a men's only sign in the employee's lounge.

The critical element of both quid pro quo and hostile work environment harassment claims is the unwelcome nature of the challenged conduct. When welcomeness is disputed the investigator must determine whether the complainant's conduct is consistent or inconsistent with his/her assertion that the sexual conduct was unwelcome. The investigator must focus on objective evidence rather than  the  complainant's  subjective,  uncommunicated  feelings. In Meritor Savings Bank v. Vinson, the United States Supreme Court held that the complainant "by her conduct" must indicate to the alleged aggressor that the advance is unwelcome. The Appellate Courts have held that a complainant may use verbal signals or body language in conveying disapproval. In other words, it is the impact of the behavior, not the intent of the person who did the behavior that determines if sexual harassment has occurred.

If an individual engages in an intentional act and if both a reasonable, objective person and the complaining individual perceives that act to be abusive, a prima facie case of discriminatory abusive work environment is established.

Hostile environment sexual harassmentis a form of sex discrimination that is extended to students under this policy who are subjected to sexual harassment and discrimination at the hands of faculty, staff members, or at the hands of their peers.

Examples of Sexual Harassment Covered by this Policy

•  Verbal:
  • Name­calling of a sexual nature (from "hey, baby" to "bitch")
  • Whistling at someone, making cat calls or kissing sounds
  • Turning work discussions to sexual topics
  • Making sexual comments about a person's body
  • Making sexual innuendos
  • Telling sexual jokes or stories
• Non­Verbal:
  • Looking a person up and down (elevator eyes)
  • Standing too close, cornering, blocking, or preventing someone from leaving an area
  • Making kissing or smacking sounds, or licking the lips suggestively
  • Making sexual gestures with hands or through body movements
  • Having sexual suggestive materials at the workplace (posters, calendars, etc.)
• Physical:
  • Touching a person's clothing, hair or body Hugging, patting, kissing or stroking
  • Touching or rubbing oneself sexually around another person
  • "Spiking" -- pulling down someone's pants
  • Giving "wedgies" or "snuggies" --pulling underwear up between the buttocks
  • Asking for sexual favors

 Ref: 42 USC 2000e (Civil Rights ­Definitions) 29 CFR 1604.11 (Guidelines on Discrimination Because of Sex ­ Sexual Harassment)

La. Rev. Stat. Ann. §§14:41,14:42, 14:42.1, 14:43, 17:81

Board minutes, 6­8­95

St. Mary Parish School Board