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ACAB

ACAB : SEXUAL HARASSMENT POLICY

The Georgetown Public Schools are committed to providing an environment for staff and students in which they feel comfortable and safe. All persons within the school community are expected to behave in a manner that provides an environment safe from sexual harassment. Sexual Harassment is defined according to Chapter 151C s. 1(e) of the Mass. General Laws as:

"any sexual advances , requests for sexual favors and other verbal or physical conduct of a sexual nature when (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of benefits privileges or placement services or a basis for evaluation of academic achievement or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's education by creating an intimidating, hostile, humiliating or sexually offensive educational environment."

As such, sexual harassment can be viewed as unwelcome advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

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

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

C. Such conduct has the purpose or effect of substantially interfering with an individual's work or educational performance, or creating an intimidating, hostile or offensive working or educational environment.

By definition, sexual harassment is not limited to prohibited conduct by a male toward a female, by supervisory employee toward a non-supervisory employee, by a student toward a student, by a student toward a staff .member, or by a staff member toward a student. The following are considerations to be looked at but are not limited to:

a. Both males and females may be the victim of sexual harassment.

b. The harasser does not have to be the victim's supervisor. He/she may also be an agent of the employer, a supervisory employee who does not supervise the victim, a co-worker, a fellow student or in some circumstances a non-employee (i.e. volunteers).

c. The victim may be the same or opposite sex as the harasser.

d. The victim does not have to be the person at whom the unwelcome sexual conduct is directed. The victim may also be someone who is affected by such conduct when it is directed toward another person. For example, inappropriate attempts of humor of the sexual harassment of an employee may create an intimidating, hostile or offensive working or educational environment for another employee or may unreasonably interfere with an individual's work or educational performance.

e. Sexual harassment is not always a physical act. It can occur through the spoken word as well. Sexual harassment can include inappropriate jokes and sexual innuendo. It can also include the exposure of an individual to inappropriate photographs or literature.

Federal regulations require that the district appoint a Title IX Coordinator who is responsible for overseeing compliance activities within the district. The Title IX coordinator is responsible to ensure that all procedures are followed, documentation is available, that the investigation is done in an acceptable manner to all parties and to clarify any concerns raised by those in the school community. Any questions regarding compliance activities within the Georgetown School District should be directed to the office of the Superintendent of Schools.

SOURCE: Georgetown

LEGAL REFS.: Title VII, Section 703, Civil Rights Act of 1964 as amended 45 Federal Regulation 74676 issued by EEO Commission Education Amendments of 1972, 20 U.S.C. 1681 et seq. (Title IX) Board of Education 603 CMR 26:00

Adopted on: September 27, 2007

Subpages (2): ACAB-E ACAB-R
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