403.5 - Harassment

Harassment of or by school district employees will not be tolerated in the school district. School district includes school district facilities, school district premises, and non-school district property if the employee is at any school district sponsored, school district approved or school district related activity or function, such as field trips or athletic events where the employee is engaged in school district business.

Harassment includes, but is not limited to that based upon perceived or actual race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, termination or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
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.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.

Employees who believe they have suffered harassment shall report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts. It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate. Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.

No one will retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It is the responsibility of the board members, administrators, licensed and classified employees, and others having business or other contact with the school district to act appropriately under this policy. It is the responsibility of the superintendent and investigator to inform and educate employees and others involved with the school district about harassment and the school district's policy prohibiting harassment.

This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.

Approved: 7-1-92
Reviewed: 10-11-99, 10-14-02, 1-10-05, 12-15-08, 03-12-12, 12/14/16
Revised: 12-13-99, 2-16-22

dawn.gibson.cm… Thu, 07/07/2022 - 09:28

403.5E1 - Harassment Complaint Form

Name of complainant: __________________________________________________________

Position of complainant: ________________________________________________________

Date of complaint: _____________________________________________________________

Name of alleged harasser: ________________________________________________________

Date and place of incident or incidents: _____________________________________________

______________________________________________________________________________

Description of misconduct: _______________________________________________________

______________________________________________________________________________

Name of witnesses (if any): ______________________________________________________

______________________________________________________________________________

_______________________________________________________________________________

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): ________________

_______________________________________________________________________________

Any other information: ___________________________________________________________

_______________________________________________________________________________

I agree that all of the- information on this form is accurate and true to the best of my knowledge.

Signature: ____________________________

Date: _______________________________

dawn.gibson.cm… Thu, 07/07/2022 - 09:32

403.5E2 - Witness Disclosure Form

Name of witness: _________________________________________________________

Position of witness: _______________________________________________________

Date of testimony, interview: ________________________________________________

Description of instance witnessed: ____________________________________________

_________________________________________________________________________

__________________________________________________________________________

Any other information: _______________________________________________________

___________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: ___________________________________

Date: _______________________________________

dawn.gibson.cm… Thu, 07/07/2022 - 09:31

403.5R1 - Harassment Investigation Procedures

COMPLAINT PROCEDURE

An employee who believes that they have been harassed shall notify the administrator that is not the immediate supervisor, the designated investigator. The alternate investigator is the building administrator that is the immediate supervisor. The investigator may request that the employee complete the harassment complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes or pictures Information received during the investigation shall be kept confidential to the extent possible. The investigator with the approval of the superintendent or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt-of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate. Upon completion of the investigation, the investigator shall report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report. Following the investigators report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including termination or other appropriate sanctions. Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser. The superintendent shall file a written report closing the case. The complainant, the alleged harasser, and the investigator shall receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

• Evidence uncovered in the investigation is confidential.

• Complaints must be taken seriously and investigated.

• No retaliation will be taken against individuals involved in the investigation process.

• Retaliators will be disciplined up to and including termination or receive other appropriate sanctions.

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident the alternate investigator shall be the investigator. If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process. The alternate investigator shall report the findings to the board.

dawn.gibson.cm… Thu, 07/07/2022 - 09:30