FILE: GAEAA
TITLE VII EMPLOYEE SEXUAL HARASSMENT
It is the policy of the St. John the Baptist Parish School Board to provide an employment environment that is free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications deemed to constitute sexual harassment under federal and state laws and regulations. The St. John the Baptist Parish School Board shall not tolerate sexual harassment by any student, employee, non-employee volunteer, or School Board member toward any individual.
All administrative and supervisory personnel shall be responsible for enforcing St. John the Baptist Parish School Board's sexual harassment policy. Failure to enforce this policy in a prompt and strict manner may subject such personnel to disciplinary action.
DEFINITION
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment 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 the 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.
Examples of behavior that would constitute sexual harassment include, but are not limited to, verbal harassment such as derogatory comments, jokes, or slurs, or remarks or questions of a sexual nature; physical harassment such as unnecessary or offensive touching; attempted or sexual rape or sexual assault; visual harassment such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks, or gestures; displaying sexually suggestive objects in the workplace or school settings; and quid quo pro sexual harassment, such as demanding sexual favors accompanied by implied or overt promises or threats concerning an individual’s employment.. Harassment does not only depend upon the perpetrator's intention, but also upon how the person who is the target perceives the behavior or is affected by it. Individuals who believe they have been the victim of sexual harassment from co- workers or others should make it clear that such behavior is offensive to them by saying so to the offender.
REPORTING PROCEDURE
Any employee or applicant who believes he or she has been the victim of sexual harassment, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to his/her immediate supervisor. The Supervisor shall then submit the reported information to the Director of Human Resources. If the alleged acts were committed by the employee's immediate supervisor, the complaint should be made directly to the Director of Human Resources.
If criminal activity is involved, the victim should also report the incident to local law enforcement. The person to whom such complaint is given shall immediately prepare a written report and forward it to the Superintendent or his/her designee. Failure to forward a report pursuant to this policy may lead to disciplinary action up to and including termination. Employees or applicants for employment may also report allegations of sexual harassment to the Director of Human Resources.
INVESTIGATION, RECOMMENDATION, AND RESULTS
The School Board shall respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School Board's legal obligations and the necessity to investigate allegations of harassment and take corrective or disciplinary action when appropriate.
Upon receipt of a report or complaint alleging sexual harassment, an investigation of such complaint shall be commenced and conducted by personnel designated by the Superintendent. In conjunction with the procedures outlined in policy GAMC, Investigations, the investigation shall also include personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint, as well as a review of related charges, if any, personnel files, work records and other pertinent information.
In determining whether alleged conduct constitutes sexual harassment, the Superintendent or designee(s) should consider the surrounding circumstances, the nature of the sexually related conduct, relationships between the parties involved, and the context in which the alleged incidents occurred.
A report shall be made to the Superintendent upon completion of the investigation. The report may include a finding that the complaint was unfounded, advise that the complaint was informally resolved, or recommend to the Superintendent disciplinary action. No record of an unfounded or unsubstantiated complaint shall be filed in an employee's personnel file.
Upon receipt of the report by the Superintendent which includes a determination that a complaint is valid, he/she the Superintendent shall take such action as appropriate based on the results of the investigation, which may include disciplinary action up to and including, but not be limited to, suspension with or without pay, demotion, or termination of employment.
If, based on the results of the investigation, the claim of sexual harassment is found to be intentionally false, the Superintendent shall take such action as appropriate against the complainant, which may include, but not be limited to, suspension with or without pay, demotion, or termination.
The results of the investigation of each complaint under these procedures shall be reported in writing to the complainant and the alleged harasser by the Superintendent or his/her designee.
Any employee shall have the right to pursue a claim of sexual harassment under state or federal law, regardless of the outcome of the School Board’s investigation.
RETALIATION PROHIBITED
Retaliation against any person who reports alleged sexual harassment or who testifies, assists, or participates in an investigation, proceeding, or hearing relating to a sexual harassment complaint shall be prohibited. Any individual who retaliates against any such person shall be subject to disciplinary action. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment at the time of a report or any time after a report.
NON-HARASSMENT
The School Board recognizes that not every advance or conduct of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances. Deliberate false accusations of sexual harassment can have serious detrimental effects on innocent parties and subject the accuser to disciplinary actions.
NOTIFICATION/TRAINING
Copies of this policy shall be circulated to all schools and departments of the St. John the Baptist Parish School Board and placed on the School Board’s website. Training sessions on the provisions of this policy and the prevention of sexual harassment shall be held in all schools on an annual basis. Training sessions for new non-teaching employees shall be conducted annually. Supervisors and other persons designated to accept or investigate complaints of sexual harassment in the workplace shall receive additional education and training.
Employees shall be apprised of applicable federal and state law on sexual harassment, including the right of the complainant to pursue a claim under state or federal law, regardless of the outcome of the investigation.
STUDENT-ON-STUDENT SEXUAL MISCONDUCT OR HARASSMENT
Handling of complaints of student-on-student sexual misconduct or sexual harassment are governed by Policy JAAA, Title IX Sexual Harassment or JCEA, Sexually Related Student Misconduct.
Revised: October, 2002
Revised: September 17, 2020
Ref: 42 USC Chapter 21 (Civil Rights)
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, 14:81.4, 17:81, 23:301, 23:302, 23:303, 23:332, 23:967, 42:341, 42:342, 42:343, 42:344, 42:345
La. Civil Code, Art. 2315
Board minutes, 8-15-02, 9-17-20
St. John the Baptist Parish School Board