FILE:  GAFA

PERSONNEL/STAFF & STUDENT RELATIONS SEXUAL HARASSMENT POLICY
HARASSMENT OF STAFF, STUDENTS OR APPLICANTS
Harassment of staff (including those who volunteer their services), students, or applicants for employment is prohibited, and will not be tolerated.  This includes inappropriate conduct by any person in the school environment, including other employees, Board members, parents, guests, teachers, contractors, vendors and volunteers.  It is the policy of the District to provide  safe, positive work and learning environments free of harassment for its entire staff and student body.

Harassment is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a staff member’s ability to perform their job or a student’s ability to perform in the classroom.  This would include harassment based on any of the legally protected characteristics, such as sex, race, color, national origin, religion, age, height, weight, marital status or disability.  This would include, but not limited to, such activities as stalking and unwelcome taunting, teasing or intimidation.

Any student, staff member or applicant that believes they are the alleged victim of harassment should immediately report the situation to their immediate supervisor, and complete the Harassment Complaint Form.  If the complaint relates to your immediate supervisor, the complaint may be filed with the building principal, if applies, or the Superintendent by submitting the Harassment Complaint Form.  If the complaint relates to the Superintendent, it should be filed directly with the Board President.  All complaints will be investigated.

Every student or staff member is expected to report any situation that they believe to be improper harassment.  Reports may be made to those identified above.  All complaints must be filed ASAP, but no later than 60 days from the alleged act.

The investigation will be handled as confidentially as possible under the circumstances.  The need to interview the witnesses and the offending individual(s), however, does not allow for total confidentiality in this process.  The investigation will be conducted in accordance with Board policy GAE-Complaints and Grievances.

If the investigation finds harassment occurred it will result in prompt and appropriate remedial action.  This may include up to expulsion for students, up to discharge for employees, exclusion for parents, guests, volunteers, contractors and removal from any officer position and/or a request to resign for Board members.

Retaliation against any person for complaining about harassment, or participating in a harassment investigation, is prohibited.  Suspected retaliation should be reported in the same manner as harassment.  Intentionally false harassment reports, made to get someone in trouble, are also prohibited.  Retaliation and intentionally false reports may result in disciplinary action as indicated above.

The following definitions are provided for guidance only.  If a student, staff member, or other individual believes there has been harassment, regardless of whether it fits a particular definition, the individual should report it and allow administration to determine the appropriate course of action.

Harassment may include, but is not limited to:

1. submission to such unwelcome conduct or communication is made either an explicit or implicit condition of employment with the School District.

2. submission to, or rejection of, the unwelcome conduct or communication is used as the basis for a decision to exclude, expel, or limit the harassed employee in the terms, conditions, or privileges of employment with the School  District; or to affect a student’s attendance or grade.

3. the unwelcome conduct or communication interferes with the employee’s work performance, creates an intimidating, hostile or offensive environment or otherwise adversely affects the student’s or employee’s ability to perform.

Sexual Harassment may include, but is not limited to:

1. verbal harassment or abuse;

2. pressure for sexual activity;

3. repeated remarks with sexual or demanding implications;

4. unwelcome touching;

5. sexual jokes, posters, cartoons, etc.;

6. suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's safety, job or performance of public duties;

7. verbal remarks or repeated remarks regarding sexual preference.

Notification
Notice of this policy will be posted annually on the district’s website, circulated to all school buildings and departments within the District and discussed with staff, as well as incorporated into the collective bargaining agreements, student and parent/guardian handbooks.  State and Federal rights posters on discrimination and harassment shall also be posted at each building.  All new hires of the District will be required to review and sign off on this policy and the related complaint procedure.

This policy is not intended to create or limit legal rights or obligations beyond those established by Federal, State, or local law.

• Titles VI and VII  of the Civil Rights Act of  1964,  42 U.S.C. 2000d, et seq.
• 42 U.S.C. 2000e, et seq.
• Title IX of the Education Amendments of 1972,  20 U.S.C. 1681, et seq.
• Section 504 of the Rehabilitation Act of 1973,  29 U.S.C. 794.
• Americans with Disabilities Act,  42 U.S.C. 1201, et seq.
• The Handicappers’ Civil Rights Act, M.C.L.A. 37.1101 et. seq.
• The Elliott-Larsen Civil Rights Act, M.C.L.A. 37.2101, et seq.
• Policies on Bullying, Michigan State Board of Education, 7-19-01
• Public Act 453 of 1976
• MCL 37.2103, et seq.

The Benton Harbor Area Schools, Berrien County, Michigan