1662 - ANTI-HARASSMENT

These administrative guidelines are established to assist in the proper implementation of Policy 1662.

Notice of the School Board's anti-harassment policy and the identity of the Compliance Officers (COs) shall be posted throughout the School Corporation and published in any Corporation statement regarding the availability of employment, in any staff handbooks, in general information publications of the Corporation as required by Federal and State law and this guideline and on the Corporation website.

Prohibited Behavior

1. Conduct constituting sexual harassment, consistent with Title VII of the Civil Rights Act of 1964,  may take different forms, including, but not limited to the following:
    
   1. Verbal:
      
      The making of offensive written or oral sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, threats, or propositions toward a staff member by a fellow staff member, student, other member of the Corporation community, or Third Parties.
   2. Nonverbal:
      
      Causing the placement of offensive sexually suggestive objects, pictures, or graphic commentaries in the work environment or the making of offensive sexually suggestive or insulting gestures, sounds, leering, whistling, and the like to a staff member by a fellow staff member, student, other member of the Corporation community, or Third Parties.
   3. Physical Contact:

Threatening or causing unwanted touching, contact, or attempts at same, including patting, pinching, brushing the body of, or coerced sexual activity with a staff member by a fellow staff member, student, other member of the Corporation community, or Third Parties. With respect to students, the question of whether or not physical contact is unwanted or consensual is irrelevant where such contact is engaged in by Corporation employees or other adult members of the Corporation community.

Pursuant to Policy 1662 - Anti-Harassment, sexual harassment may involve the behavior of a person of any gender against a person of the same or another gender.

Sexual Harassment covered by Policy/AG 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities is not included in this administrative guideline. Allegations of such conduct shall be addressed solely by Policy/AG 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities.

2. Conduct constituting harassment on the basis of race, color, national origin, religion, disability, or genetic information may take different forms, including but not limited to the following:
    

   1. Verbal:

      The making of offensive written or oral innuendos, comments, jokes, insults, threats, or disparaging remarks concerning a person's race, color, national origin, religious beliefs, disability, or genetic information.

   2. Nonverbal:

      Placing offensive objects, pictures, or graphic commentaries in the school or work environment or making insulting or threatening gestures based upon a person's race, color, national origin, religious beliefs, disability, or genetic information.

   3. Physical:

      Any intimidating or disparaging action such as hitting, pushing, shoving, hissing at, or spitting on a staff member, student, other member of the Corporation community or Third Parties by a fellow staff member, student, other member of the Corporation community, or Third Parties, based upon the person's race, color, national origin, religious beliefs, disability, or genetic information.

Investigation and Complaint Procedures (See Form 1662 F1)

In determining whether alleged conduct constitutes a violation of Policy 1662, the following factors will be considered:

1. the nature of the behavior;

2. how often the conduct occurred;

3. whether there were past incidents or past continuing patterns of behavior;

4. the relationship between the parties involved;

5. the race, color, national origin, sex, religion, age and/or disability of the Complainant, and in case of genetic information harassment, the genetic information of the employee Complainant;

6. the identity of the Respondent, including whether the Respondent was in a position of power over the Complainant;

7. the number of Respondent(s);

8. the age of the Respondent(s);

9. where the harassment occurred;

10. whether there have been other incidents in the school involving the same or other individuals;

11. whether the conduct adversely affected the person’s work or educational performance or environment;

12. the context in which the alleged incidents occurred; and

13. whether or not speech or expression that is alleged to constitute harassment is protected by the First Amendment to the United States Constitution.

Whether a particular action or incident constitutes a violation of Policy 1662 requires a determination based on all the facts and surrounding circumstances.

Revised 1/12/16

© Neola 2021