FILE:  GAEAA

 

SEXUAL HARASSMENT

 

 

It is the goal of Grant Parish School Board to promote a workplace that is free of sexual harassment.  Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated by the School Board.  Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.  To achieve the goal of providing a workplace free from sexual harassment, the conduct that is described in this policy will not be tolerated and a procedure has been provided by which inappropriate conduct will be dealt with, if encountered by employees.

 

Because Grant Parish School Board takes allegations of sexual harassment seriously, the Board shall respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, the Board will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

 

It should be noted that while this policy sets forth the goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit the Board's authority to discipline or take remedial action for workplace conduct which is deemed unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.

 

DEFINITION OF SEXUAL HARASSMENT

 

"Sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

 

a)

submission or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or

 

b)

such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

 

Under this definition, direct or implied request by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.

 

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment.

 

While it is not possible to list all those additional circumstances that may constitute sexual harassment, following are examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

 

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the Grant Parish School Board.

 

COMPLAINTS OF SEXUAL HARASSMENT

 

If any employee believes that he or she has been subjected to sexual harassment, the employee has the right to file a complaint.  This may be done in writing or orally.

 

An employee should file a complaint with the Superintendent or designee.  The Superintendent or designee is available to discuss any concerns the employee may have and to provide information about Board policy on sexual harassment and the complaint process.

 

SEXUAL HARASSMENT INVESTIGATION

 

When a complaint is received, the Superintendent or designee shall promptly investigate the allegation in a fair and expeditious manner.  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  The investigation will include a private interview with the person filing the complaint and with witnesses.  The person alleged to have committed sexual harassment will also be interviewed.  When the investigation has been completed, the Board will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

 

If it is determined that inappropriate conduct has occurred, the Board will act promptly to eliminate the offending conduct, and where it is appropriate, the Board will also impose disciplinary action.

 

DISCIPLINARY ACTION

 

If it is determined that inappropriate conduct has been committed by an employee, the Board will take such action as is appropriate under the circumstances.  Such action may range from counseling to termination from employment, and may include such other forms of disciplinary action as deemed appropriate under the circumstances.

 

 

Ref:    42 USC 2000e (Civil Rights - Definitions)(PL 88-352)

29 CFR 1604.11(Guidelines on Discrimination Because of Sex - Sexual Harassment)

La. Rev. Stat. Ann. ยง17:81

Board minutes 7-23-98

 

Grant Parish School Board