Sexual Harassment Policies and Prevention

Title VII & Sexual Harassment

Our District shall Maintain a working environment free of harassment on the basis of sex, race, color, religion and national origin, by creating policies that protect our employees and students; DIA (Legal) and DIA (Local) referenced in the Employee Handbook and found at www.yisd.net under Board of Trustees and Board Policy Manual or your Employee Handbook; Training on sexual harassment and child abuse each year.

Definition What is sexual harassment? Unwanted and unwelcomed sexual advances or conduct of a sexual nature Such as requests for sexual favors or other verbal or physical conduct of a sexual nature. The conduct unreasonably interferes with a person s work performance or creates an intimidating, hostile, or offensive work environment. Affects employee s ability to do his/her job

Title VII & DIA Title VII & Ysleta ISD Policy DIA Illegal Considered unacceptable conduct and will not be tolerated by the district. GOAL: Identify, Stop & Prevent

Intent vs Impact I tell a joke but did not INTEND to offend anyone is it sexual harassment? Intent is not relevant in determining whether or not a behavior is sexual harassment. All that matters is the IMPACT of the behavior on the work environment!

Is it inappropriate? Ask yourself Could someone misinterpret my behavior? Is my behavior harmful or harassing? Would I like to be treated this way? Would I like for my family member to be treated this way? How would my behavior play on the Evening News?

How can I be sure? Always do a TIRE check Think before acting Imagine how others might be feeling Respect Exercise common courtesy

Sexual Harassment Type Quid Pro Quo - Something in exchange for something else The supervisor punishes an employee for rejecting sexual advances Supervisor offers a benefit to an employee in exchange for a sexual favor The fact that the employee submits to a boss does not mean that the advances were not sexual harassment

Sexual Harassment Type Hostile Work Environment Occurs when one or more supervisors or co-workers create an atmosphere that unreasonably interferes with an employee s work performance OR They create an intimidating, hostile or offensive environment so uncomfortable that an employee can t do his/her job.

Hostile Work Environment Factors taken into consideration: How frequent the conduct occurs. How severe the conduct is. Is the conduct humiliating or threatening? Would the conduct interfere with a reasonable person s work performance?

Reasonable Person If an unwelcome behavior of a sexual nature causes someone to take offense, whether or not it is considered sexual harassment would be determined by a reasonable person . Based on this standard, a one-time unwelcome behavior will seldom qualify as sexual harassment unless it is severe. So If I make comments to someone and that person doesn t ask me to stop, is my behavior is okay? Not necessarily! Always be aware of risky behaviors

Risky Behaviors VERBAL Graphic descriptions of pornography Making suggestive sounds (cat calls, wolf whistles) Sexual or gender based jokes Sexual innuendoes or stories (commenting on a person s sexual orientation) Calling a person hunk, babe, honey Turning a reply into a sexual comment

Risky Behaviors NON-VERBAL Staring at someone in a suggestive way Hanging around or following a person Making derogatory gestures of a sexual nature Facial expressions such as winking, throwing kisses

Risky Behaviors PHYSICAL Invading a person s personal space Inappropriately touching a person or person s clothing Restricting or hindering another person s movements Hanging around or following a person Massaging a person s neck, shoulder s etc. Sitting on a person s lap

Risky Behaviors VISUAL Posters, cartoons, drawing, calendars of sexual nature Sexual or derogatory comments about men/women on coffee mugs, hats, clothing, etc. Items not protected by the 1stAmendment TECHNOLOGY Use of cell phones, camera pictures, jokes, Twitter, SnapChat, Instagram, Facebook, text messages Sexual jokes sent through email

What do I do if I am feeling sexually harassed? Don t ignore the behavior! Tell the person their behavior is offensive and tell them to stop. Inform your supervisor If the behavior is being displayed by a student, it is imperative that you notify your supervisor immediately. If it continues, report it to your supervisor immediately. Document what has happened (include who, what, where, witnesses) Supervisors: Notify your superiors immediately of any formal complaints of sexual harassment Always try and resolve the issues at the lowest administrative level possible Supervisors must demonstrate they took action

Confidentiality & Retaliation You are entitled to confidentiality within certain limits Confidentiality will be protected where possible but, those involved will need to be interviewed and others may need to assist in investigating the situation. I can t take the risk! I need my job and I am frightened about possible retaliation by my boss or co-workers. Retaliation against an employee after he or she has complained about harassment or participated in an investigation of harassment is illegal and can lead to serious consequences.

Harassment of Students Same standards apply to situations involving an adult employee and a student District employee causes a student to believe that the student must submit to the conduct in order to participate in a school program or activity; The employee will make an educational decision based on whether or not the student submits to the conduct; The employee uses technology (cell phone, email, Facebook, SnapChat, Twitter, Instagram, and/or text messages) to communicate sexually explicit material or gender based jokes, innuendoes, etc.

Harassment of Students Prohibited Behavior with Students Romantic or inappropriate social relationships between students and district employees is prohibited. Solicitation of a Romantic Relationship Cultivating a personal relationship with a student prior to graduation that results in a romantic relationship upon graduation Mentoring is being a Professional Role Model BEWARE: Facebook, Text Messages, Instagram, Snap Chat, Cell Phone Calls Don t allow students to become involved in your personal life. Play like a grownup.

Harassment of Students Any district employee who suspects or receives direct or indirect notices that a student or group of students may have experienced prohibited conduct based on sex, including sexual harassment, of a student shall immediately notify the district s Title IX coordinator, the ADA/Section 504 coordinator, or superintendent and take any other steps required by district policy.

DH Local An employee may not date a former YISD student until the ex- student is: At least 21 years of age; and Has been out of high school at least 2 years.

Responsibility Can a district employee be held responsible for sexual harassment or abuse of a student committed by another school employee? Yes! Any employee can be held personally liable IF THEY KNEW the subordinate was committing sexual abuse of a student AND HE/SHE TOOK NO ACTION to stop the abuse

Professional Standards Employees are role models for district students. Employees are responsible for their public conduct even when they are not acting as district employees. Employees will be held to the same professional standards in their public use of electronic communication as they are for any other public conduct. If an employee s use of electronic media interferes with the employee s ability to effectively perform his/her job duties, the employee is subject to disciplinary action, up to and including termination of employment.

Professional Standards If using a social network site or similar media for personal purposes, the EMPLOYEE IS RESPONSIBLE for the content on the page. This includes content added by the employee, employee s friends, members of the public who can access the employee s page, and for any web links on the page. The employee is also responsible for maintaining privacy settings appropriate to the content on the page.

Contact Information Bobbi Russell Garcia Chief Human Capital Management Officer Veronica Gomez Employee Relations Coordinator vgomez24@yisd.net 915-434-0411 brussell@yisd.net 915-434-0415 Cynthia Atilano HR Investigator catilano@yisd.net 915-434-0451