SEXUAL HARASSMENT
POLICY STATEMENT
The Governing Board of the Clermont County Educational Service Center
(hereafter the “Governing Board”) is committed to maintaining a
professional school environment in which all employees and students are
treated with respect and dignity. Each individual has the right to work
and attend school in a professional atmosphere that promotes equal
opportunities and prohibits discriminatory practices, including sexual
harassment. Sexual harassment, whether verbal, physical or occurring in or
out of the school district buildings and offices, at school sponsored
social functions or activities or elsewhere, is illegal, unacceptable and
will not be tolerated.
DEFINITION OF SEXUAL HARASSMENT: Sexual harassment is defined as unwelcome
and unwanted sexual advances, requests for sexual favors, or other verbal,
non-verbal or physical conduct of a sexual nature when:
1. Submission to or rejection of this conduct by an individual is used
explicitly or implicitly as a factor in decisions affecting hiring,
evaluation, promotion or other aspects of employment; or
2. Conduct which substantially interferes with an individual’s employment
or creates an intimidating, hostile or offensive work environment.
Examples of sexual harassment include, but are not limited to, unwanted
sexual advances, demands for sexual favors in exchange for favorable
treatment or continued employment, repeated sexual jokes, flirtations,
advances or propositions, verbal abuse of a sexual nature, graphic verbal
commentary relating to an individual’s body, sexual prowess or sexual
deficiencies, coerced sexual activities, any unwanted physical contact,
sexually suggestive or obscene comments or gestures, display in the work
place of sexually suggestive or obscene objects or pictures.
The above conduct is unacceptable in the school environment and while on
any school related function or activity taking place either on or off
school grounds.
While consenting romantic and sexual relationships between employees is
not expressly forbidden, such relationships are considered unwise due to
the real or perceived power one person may have over the other which may
override claims of consent raised at some later date.
[Adoption date: June 21, 2001]
LEGAL REFS: Civil Rights Act of 1964, Title VI
Civil Rights Act of 1964, Title VII, as amended by the Equal Employment
Opportunities Act of 1972
Educational Amendments of 1972, Title IX; Pub. L. No. 92-318 (1972)
Executive Order 11246, as amended by Executive Order 11375
Equal Pay Act; as amended by the Equal Employment Opportunities Act of
1972
Immigration Reform and Control Act of 1986, Pub. L. No. 99-603 (1986)
REPORTING PROCEDURE
Informal Resolution
The Governing Board encourages individuals who believe they are being
harassed to clearly and promptly notify the offender that the behavior is
unwelcome. If the individual does not wish to approach the offender
directly, or if the notice does not end the harassment, then the
individual should immediately notify the Sexual Harassment Compliance
Officer, or the Alternate Sexual Harassment Compliance Officer, noted
below. This informal procedure is not required.
Formal Procedure
If an employee believes that they have been subject to sexual harassment,
they should report the incident immediately to the Sexual Harassment
Compliance Officer, the Clermont County Educational Service Center
Assistant Superintendent (hereafter the “Compliance Officer”). If for any
reason the individual cannot, or chooses not to, notify the Sexual
Harassment Compliance Officer, then the individual may notify the
Superintendent of the alleged harassment.
Any complaint of sexual harassment shall be reduced to writing by either
the reporting individual or the individual receiving the complaint, in
order to ensure an accurate record of the behavior. This written report
shall remain confidential to the extent permitted by law. Prompt reporting
of complaints is encouraged and necessary as it permits for a timely
response and resolution of the complaint.
Upon receiving notification of the sexual harassment, the Compliance
Officer, or the Superintendent, shall promptly begin an investigation into
the facts and circumstances of the complaint. The Compliance Officer or
Superintendent may contact legal counsel for guidance or aide in the
investigation, or may direct counsel to conduct the investigation.
Confidentiality will be maintained throughout the investigation process to
the extent practical and appropriate under the circumstances.
Upon receipt of a complaint or other specific information regarding
possible sexual harassment, the person responsible for investigation
shall:
1. Promptly and confidentially investigate the incident(s) and surrounding
circumstances by talking to, and obtaining signed statements from,
witnesses or other persons having information. This should be done before
contacting the alleged offender. If there is substance to the allegation,
the investigation may be more productive if witness information is
gathered before the alleged offender knows the investigation is underway.
2. After conducting the first interviews with witnesses, the investigator
should advise the alleged offender of the complaint even if the
allegations have already been disproved. If the problem is a
misunderstanding, future incidents can be prevented. On the other hand, if
the allegations are true, they may be admitted by the offender, with or
without statements of justification or mitigation.
3. If the allegation is not proven or admitted during Steps 1 and 2 above,
the investigator shall conduct further investigation until he/she has made
a determination or it becomes apparent that further investigation is
unlikely to lead to a reliable conclusion.
4. Throughout the investigation, a conscious effort must be made to judge
the credibility of the information received. In particular, any
circumstances that could lead to the complainant or witnesses to give
false or substantially biased information must be identified, investigated
or considered.
5. If the investigation confirms that a serious incident has occurred or a
pattern of behavior constituting sexual harassment may have been
established, the investigator shall report his findings to the
superintendent in writing, with a recommendation for disciplinary action
or other remedial measures. If the investigation either exonerates the
alleged offender or is inconclusive, the investigator shall report those
findings in writing to the superintendent.
6. After the investigation of a complaint is concluded, the superintendent
shall advise the
complainant and alleged offender of the conclusions reached and any action
taken.
DISCIPLINE
Any employee or student found to have engaged in sexual harassment shall
be disciplined. Appropriate sanctions may include, but are not limited to,
oral or written reprimand, referral to counseling, reassignment,
suspension without pay, or termination of employment. Students shall be
subject to discipline under the Student Code of Conduct.
However, if the investigation reveals that the individual making the
complaint has falsely accused another employee or student of sexual
harassment, the complaining individual shall be subject to discipline,
including but not limited to, oral or written reprimand, suspension,
termination or employment, and /or discipline under the Student Code of
Conduct.
PROTECTION AGAINST RETALIATION
The Governing Board shall not retaliate against an individual who makes a
valid report of sexual harassment, nor permit any other employee or
student to do so. Any retaliation experienced by the reporting individual
should be reported immediately to the Compliance Officer, or the
Superintendent. Any employee or student found to have retaliated against
an individual reporting sexual harassment shall be subjected to the
appropriate disciplinary measures, including but not limited to, written
or oral reprimand, referral to counseling, suspension, or termination.
[Adoption Date: June 21, 2001]
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