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Board Policy 401.3

Sexual and Other Harassment

by Kris Van Pelt

Code No. 401.3

SEXUAL AND OTHER HARASSMENT

Purpose. The District is committed to promoting positive intercultural, intergroup relationships. The District, therefore, prohibits acts of intolerance or harassment toward others because of race, sex, marital status, religion, color, creed, national origin, age, disability, sexual orientation, gender identity, or other factors that are likewise not rationally related to the individual's employment. Such acts may be treated as just cause for purposes of discipline, including discharge.

Sexual Harassment.

General. It is the policy of the Ogden Community School District to maintain a working environment that is free from sexual harassment. Because of the District's strong disapproval of offensive or inappropriate sexual behavior at work, all employees, vendors and visitors must avoid any action or conduct which could be perceived as sexual harassment. It shall be a violation of this policy for any employee, vendor or visitor of the Ogden Community School District to sexually harass others in the District.

Definition. Sexual harassment shall consist of unwelcome sexual advances, requests for sexual acts or favors, and other verbal or physical conduct of a harassing nature where:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive employment environment.

The following are examples of behaviors which may constitute sexual harassment--the list is illustrative only: propositions for sexual favors, verbal abuse of a sexual nature done to annoy members of a particular sex, display of sexually graphic pictures or objects, inappropriate patting, pinching and hugging, repeated brushings against an employee's body, the telling of offensive jokes and stories, and other actions which tend to alarm, annoy or demean individuals because of their sex.

Procedures. Any person who alleges sexual harassment by any person in the District may file a complaint under Policy 203.8. The complainant may bypass any step of the complaint procedure where the person to whom the complaint is to be lodged is the alleged perpetrator. The complainant may file the initial complaint with the compliance officer, whose decision may be appealed to the Board of Directors.

The complainant may be required to complete a harassment complaint form and to turn over copies of evidence of harassment, including, but not limited to, letters, tapes, and pictures. The investigator shall promptly commence an investigation and proceed to completion. Both the complainant and the alleged perpetrator will be given an opportunity to give a statement. A written investigation report shall be completed, and a summary of the report, including a finding that the complaint was founded, unfounded, or inconclusive will be forwarded to the complainant and to the alleged perpetrator.

Compliance Officer. The Superintendent shall be designated as the District's compliance officer to insure that applicants and employees are treated in accordance with this policy. In the event the Superintendent is the alleged perpetrator, the High School Principal shall be the alternate compliance officer.

Confidentiality. Any matters involving complaints of harassment shall remain confidential to the extent reasonably possible. Confidential documentation of allegations or investigations will not be filed in the complainant's personnel file.

No Retaliation. No person shall retaliate against an employee because the employee has filed a harassment complaint, assisted or participated in an investigation, or has opposed language or conduct that violates this policy, as long as the participation or action was done in good faith.

Corrective Actions. The District will take action to halt any improper harassment and will take other appropriate corrective actions, including disciplinary measures which may include discharge of a perpetrator, to remedy all violations of this policy.

Notification. Notice of this policy will be circulated to all school buildings of the Ogden Community Schools on an annual basis and incorporated into staff handbooks.

Staff Development. Periodic training shall be provided all staff regarding the nature and prohibition of harassment.

Date of Revision:

September 17, 2007

 

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