4118.113 - 5145.52 - Harassment

Personnel -- Certified/Non-Certified/Students

4118.113 - Harassment

The Board of Education (Board) strives to provide a safe, positive working and learning climate for its students and employees. Therefore, harassment, in any form, will not be tolerated in this District. This policy applies to all students, staff members, board members, parents, vendors, contracted individuals, volunteers, other employees and other visitors -- who are on District grounds or property or on property within the jurisdiction of the District; on buses operated by or for the District; while attending or engaged in District activities; and while away from District grounds if the misconduct affects the good order, efficient management, and welfare of the District.

Employees, students, and others are expected to adhere to a standard of conduct that is respectful and courteous to all. The principle of freedom of expression that might otherwise protect the most offensive public speech does not protect or encompass a right to threaten the dignity of an individual. Such personally directed behavior will not be tolerated. It is contrary to academic values, debilitates its victims, compromises the offenders, and undermines the District’s fundamental commitment to individual freedom and respect for all its members. Furthermore, acts of intolerance may destroy the very atmosphere in which freedom of expression is otherwise tolerated and cherished.

For purposes of this policy, harassment consists of verbal, written, graphic, physical or other conduct relating to an individual’s race, color, religious creed, sex, national origin/ancestry, physical attributes, disability, past or present history of mental disorder, intellectual disability, learning disability, marital status, sexual orientation, gender identity/expression, age or any other legally protected status.

Harassment as set forth above may include, but is not limited to:

• verbal, physical, or written intimidation or abuse;

• repeated remarks of a demeaning or condescending nature;

• repeated demeaning jokes, stories, or activities directed at the individual.

Each staff member shall be responsible to maintain an educational environment free from all forms of unlawful harassment. Each student shall be responsible to respect the rights of all students and to ensure an environment free from all forms of unlawful harassment.

Individuals, including District students, employees, parents and third parties, believing they have been unlawfully harassed may register a complaint with the District’s Civil Rights Coordinator in accordance with the Discrimination Grievance Procedures set forth in the regulations accompanying Board Policy 4118.11/4218 (Discrimination Grievance Procedures). The Civil Rights Coordinator or his/her designee will investigate promptly all complaints and effectuate any changes necessary to eliminate the harassment and/or any discriminatory practices and shall

inform the complainant of the resolution of the complaint in accordance with the Discrimination Grievance Procedures set forth in the regulations accompanying Board Policy 4118.11/4218.

If a complainant is not satisfied with the decision of the Civil Rights Coordinator, an appeal may be taken in accordance with the Discrimination Grievance Procedure set forth in the regulations accompanying Board policy #4118.11/4218.

Retaliation is prohibited against any individual who makes a good faith report of a suspected harassment or participates in a related investigation.

In order to maintain a work environment that discourages and prohibits unlawful harassment, the Board shall provide annual notification of the name and contact information for the individual designated as the District’s Civil Rights Coordinator who will investigation claims of harassment.

The District’s Civil Rights Coordinator may consult with the District’s Human Resource Director regarding harassment complaints lodged by or against a District employee.

The District shall annually inform students, staff, parents, independent contractors and volunteers that unlawful harassment will not be tolerated with the school system.

Legal Reference:

Title VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.

29 CFR 1604.11, EEOC Guidelines on Sex Discrimination.

Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.

34 CFR Section 106.8(b), OCR Guidelines for Title IX.

Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29CFR Sec. 1606.8 (a0 62 Fed. Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512(1/19/01)

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)

Davis v. Monro County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999.)

Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

10-15c Discrimination in public schools prohibited. School attendance by five-year olds. (Amended by P.A. 97-247 to include “sexual orientation)

10-153 Discrimination on account of marital status.

17a-101 Protection of children from abuse.

Policy Adopted: October 2018