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SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT

SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT. Adapted from: Port Arthur Independent School District. Introduction. Legal issues in dealing with sexual harassment by employees and students Individual duties to recognize and prevent harassment in the school environment.

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SEXUAL HARASSMENT IN THE SCHOOL ENVIRONMENT

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  1. SEXUAL HARASSMENTIN THE SCHOOL ENVIRONMENT Adapted from: Port Arthur Independent School District

  2. Introduction • Legal issues in dealing with sexual harassment by employees and students • Individual duties to recognize and prevent harassment in the school environment.

  3. Freedom From Discrimination, Harassment, and Retaliation Policies DH, DIA • Employees shall not engage in prohibited harassment, including sexual harassment, of other employees or students. • While acting in the course of their employment, employees shall not engage in prohibited harassment of other persons, including board members, vendors, contractors, volunteers, or parents. • A substantiated charge of harassment will result in disciplinary action. • Employees who believe they have been discriminated or retaliated against or harassed are encouraged to promptly report such incidents to Human Resources. • If the campus principal, supervisor, or District official is the subject of a complaint, the employee should report the complaint directly to the superintendent. • A complaint against the superintendent may be made directly to the board. • Policy DIA addresses discrimination, harassment and retaliation involving District employees. In this policy, the term “employees” includes former employees and applicants for employment. • For discrimination, harassment, and retaliation involving students, see FFH. • For reporting requirements related to child abuse and neglect, see FFG.

  4. Title IX Coordinator • Reports of discrimination based on sex, including sexual harassment, may be directed to the Title IX coordinator. The District designates the following person to coordinate its efforts to comply with the Title IX of the Education Amendments of 1972, as amended: Susanna Ramirez, Chief Student Support Officer, 2602 S. Belt Line Rd., Grand Prairie, TX 75052-5344, 972/237-5366. • ADA / Section 504 Coordinator • Reports of discrimination based on disability may be directed to the ADA/Section 504 coordinator. The District designates the following person to coordinate its efforts to comply with Title II of the Americans with Disabilities Act of 1990, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973: DebiSu Yelverton, 2602 S. Belt Line Rd., Grand Prairie, TX 75052-5344, 972-237-5311. • The Deputy Superintendent shall serve as coordinator for purposes of District compliance with all other antidiscrimination laws. • Harassment of students • Policies DF, DH, FFG, FFH • Sexual and other harassment of students by employees are forms of discrimination and are prohibited by law. • Romantic or inappropriate social relationships between students and district employees are prohibited. • Employees who suspect a student may have experienced prohibited harassment are obligated to report their concerns to the campus principal or other appropriate district official. All allegations of prohibited harassment or abuse of a student by an employee or adult will be reported to the student’s parents and promptly investigated. An employee who knows of or suspects child abuse must also report his or her knowledge or suspicion to the appropriate authorities, as required by law. See Reporting suspected child abuse, page 51 and Bullying, pages 68-70 for additional information. Policy DF (LEGAL) includes definitions and procedures for reporting and investigating harassment of students

  5. GPISD Board Policies related to sexual harassment:DIA FFH FNC DH FB

  6. SEXUAL HARASSMENT OBSERVATIONS: • Districts and employees are being held responsible for damages resulting from sexual harassment. • PREVENTION IS THE BEST TOOL FOR ELIMINATING SEXUAL HARASSMENT

  7. TWO TYPES OF SEXUAL HARASSMENT QUID PRO QUO • EMPLOYMENT (educational) DECISION RESULTS FROM SUBMISSION TO OR REJECTION OF UNWELCOMED SEXUAL CONDUCT HOSTILE ENVIRONMENT • SEXUAL ADVANCES CREATE AN ABUSIVE WORKING (school) ENVIRONMENT

  8. What do I need to know about harassment? • It can cost you your job. • It can cost you your freedom. • It can get you sued. • It is bad for the district.

  9. WHEN IS IT HARASSMENT? • It is unwelcomed. • Would you behave in this way if a third person with whom you had a personal relationship were present?

  10. WHEN IS IT HARASSMENT? • Can women harass men? • Can there be same sex harassment? • Can I get in trouble for telling jokes or flirting?

  11. WHEN IS IT CROSSING THE LINE? • Are you making your coworkers uncomfortable? • Would you do it or say it in front of your spouse or significant other?

  12. DISTRICT OBLIGATIONS: • EMPLOYER IS OBLIGATED TO KEEP WORKPLACE FREE FROM SEXUAL HARASSMENT • DISTRICT AND ADMINISTRATOR WILL BE LIABLE IF KNEW OR SHOULD KNOWN OF CONDUCT AND FAIL TO TAKE REMEDIAL ACTION

  13. Retaliation just as illegal as sexual harassment. Victim suffers a negative action as a result of the harassment. - Poor Evaluations - Low Grades - Denial of Work Opportunities

  14. EMPLOYEE / STUDENT HARASSMENT/ABUSE • STUDENTS HAVE A CONSTITUTIONAL RIGHT TO BE FREE FROM SEXUAL HARASSMENT AND /OR SEXUAL ABUSE WHILE ATTENDING SCHOOL

  15. NO STRICT LIABILITY FOR DISTRICT • DISTRICT MAY BE HELD LIABLE FOR SUPERVISORY FAILURES RESULTING IN THE SEXUAL ABUSE OF STUDENTS IF POLICY-MAKING OFFICIALS ACTED WITH DELIBERATE INDIFFERENCE TO THE WELFARE OF SCHOOL CHILDREN

  16. WHAT IS DELIBERATE INDIFFERENCE • SCHOOL OFFICIAL HAD ACTUAL KNOWLEDGE OF ABUSE OR KNOWLEDGE OF FACTS PLAINLY POINTING TO ABUSE • OFFICIAL HAS AUTHORITY TO TAKE CORRECTIVE MEASURES • OFFICIAL FAILS TO TAKE ACTION THAT WAS OBVIOUSLY NECESSARY TO PREVENT OR STOP THE ABUSE; AND • FAILURE CAUSES CONSTITUTIONAL INJURY TO CHILD

  17. New standard for proving actual knowledge. Victim may be able to show actual knowledge based on prior reports of abuse of others students.

  18. Can I be liable for harassment by coworker? • Everyone has responsibility to report sexual abuse of students. • Supervisors can be held personally liable for sexual abuse of subordinate. • Supervisor learned of facts or a pattern of inappropriate behavior pointing plainly toward conclusion of sexual harassment of student, and fails to take action.

  19. Signs of Student Abuse • Excessive communication outside of school; • Popular teacher and favoritism; • Alienation by other students; • Special treatment; tardy passes etc; • Rumors.

  20. Train Employees to protect themselves against false claims of harassment • Limit one on one student contact in private setting; • Maintain a student teacher relationship at all times. • You are not the students’ friend. • Limit non school activities with students.

  21. DISTRICT CAN BE HELD LIABLE FOR STUDENT TO STUDENT SEXUAL HARASSMENT OR ABUSE • HARASSMENT MUST OCCUR “UNDER OPERATIONS “ OF THE SCHOOL DISTRICT AND MUST BE SEVERE, PERVASIVE AND OFFENSIVE • DISTRICT IS LIABLE IF ACTS WITH DELIBERATE INDIFFERENCE

  22. What is sexual harassment among students? • Student to student harassment includes unwelcome verbal, physical, or visual conduct of a sexual nature that is severe and pervasive.

  23. Harassment is unwelcomed conduct. • Girls can harass boys; • Harassment can happen between members of same sex; • Group of girls spreading sexual rumors about another girl • Conduct may be physical, verbal or nonverbal.

  24. What should I do if I see this type of student harassment? • Report it; • Treat as a discipline issue, consistently; • If serious refer to campus principal immediately; • Principal should investigate , choose appropriate discipline technique; and • Report to law enforcement if crime has been committed on campus.

  25. Transgender Discrimination

  26. Logan v. Gary Comm. Sch. • Transgendered male, wore girls clothes and accessories to school. He asked to wear dress to prom. Principal said no to dress but suggested woman’s pants suit.

  27. Logan v. Gary Comm. Sch. (cont.) History December 2007 Complaint filed with the United States District Court for the Northern District of Indiana, Hammond September 2008 Court denies school district's motion to dismiss the case, allowing the lawsuit to go forward. January 2011 Gary Community School Corporation settles this matter with Logan for an undisclosed amount on terms agreeable to all parties. The settlement includes revisions to the school district's dress code and non-discrimination policies such that both policies now include specific protections for lesbian, gay, bisexual and transgender students. The school district also agrees to conduct training for the administration and school board members on lesbian, gay, bisexual and transgender (LGBT) issues and respectful treatment of LGBT people.

  28. Overview of Harassment • Employee harassment • Employee/Student harassment • Student/Student harassment

  29. What do I do if I suspect harassment? • Immediately investigate • Protect confidentiality but do not promise anonymity • Protect reporter from retaliation

  30. Responsibilities of Employees • Become fully aware of sexual harassment policies; • Treat coworkers and students with respect and dignity; • Change behavior when given indications that behavior is offensive or harassing; and • Report any misconduct

  31. Responsibilities of Supervisors • Train staff!!!!!! • Maintain a high standard of personal conduct when dealing with all students, employees and others. • Ensure that all students and employees are advised of their rights and responsibilities under harassment policies. • Immediately deal with allegations of harassment.

  32. Case Example Federal appellate court upholds $200,000 jury verdict against Florida district for student-on-student sexual harassment Mathis v. Wayne County Bd. of Educ., No. 11-5979 (6th Cir. Aug. 23, 2012) Abstract: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN) has upheld a jury verdict for $200,000 for the parents of two male middle school students who were sexually harassed by their basketball teammates in the school’s locker room, affirming the district court’s denial of the school board’s renewed motion for judgment as a matter of law. Having reviewed the evidence, the panel rejected WBOE’s allegation and agreed with the district court that there was ample evidence before the jury from which reasonable jurors could have concluded that WBOE’s response constituted “deliberate indifference” under Title IX, and was insufficient to provide a safe environment in this student-on-student sexual harassment case.

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