FILE: GAEAA
TITLE VII EMPLOYEE SEXUAL HARASSMENT
It is the policy of the East Baton Rouge Parish School Board to provide an employment environment that is free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications deemed to constitute sexual harassment under federal and state laws, regulations, and guidelines. The East Baton Rouge Parish School Board shall not tolerate sexual harassment by any student, employee, non-employee volunteer, or School Board member toward any individual.
All managerial and supervisory personnel shall be responsible for enforcing the East Baton Rouge Parish School Board's employee sexual harassment policy. Failure to enforce this policy in a prompt and strict manner may subject such personnel to disciplinary action.
DEFINITIONS
Sexual harassment is not always identically described in various laws which address sexually inappropriate words, writings, and conduct. Nonetheless, elements of sexual harassment, whether definitions are from federal or state laws or regulations, include unwelcome communications and conduct on the basis of sex, such as sexual advances, requests for sexual favors, jokes, remarks, and other verbal, physical, and inappropriate conduct of a sexual nature which affects employment, status, or education.
Unwelcome sexual advances, requests for sexual favors, and other verbal, physical or inappropriate conduct of a sexual nature constitute sexual harassment when:
Submission to such conduct or communication is either explicitly
or implicitly made a term or condition of an individual's employment
or the holding of office;
Submission to or rejection of such conduct by an individual
is used as a basis for employment decisions affecting the individual;
or
Such conduct or communication has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Examples of behavior which would constitute inappropriate conduct include, but are not limited to, verbal harassment (such as derogatory comments, jokes, slurs or remarks or questions of a sexual nature); physical harassment (such as unnecessary or offensive touching, attempted or sexual rape or sexual assault); visual harassment (such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, looks or gestures); displaying sexually suggestive objects in the workplace or school settings; and quid pro quo sexual harassment (such as demanding sexual favors accompanied by implied or overt promises or threats concerning an individual’s employment).
Harassment may depend not only upon the perpetrator’s intention, but also upon how the person who is the target perceives the behavior or is affected by it. Individuals who believe they have been the victim of sexual harassment from co-workers or others should make it clear that such behavior is offensive to them by saying so the offender.
REPORTING PROCEDURES
Any employee or applicant for employment who believes he or she has been the victim of sexual harassment by a student, an employee or non-employee volunteer of the East Baton Rouge Parish School Board, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to an appropriate School Board employee as herein designated. If criminal activity is involved, a victim should also report the incident to the police. The School Board encourages the reporting party or complainant to use the report form available in the administrative office of each building or available at the School Board's central office receptionist.
IN EACH SCHOOL BUILDING
The building principal is to designate the administrator(s) to receive oral or written reports of sexual harassment of an employee at the school building level. Upon receipt of a report, the designee must notify the Associate Superintendent for Human Resources and the principal. A written report will be forwarded simultaneously to the Associate Superintendent for Human Resources. If the report was given verbally, the designee shall reduce it to written form within twenty-four (24) hours and forward it to the Associate Superintendent for Human Resources. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. Complaints may also be filed directly with the Associate Superintendent for Human Resources.
OTHER SITES
The persons designated by the Superintendent at each administrative, support, or maintenance site are responsible for receiving oral or written reports. Upon receipt of a report, the designated person shall follow the procedure outlined in the above previous paragraph and notify the Associate Superintendent for Human Resources.
SYSTEM-WIDE
The East Baton Rouge Parish School Board shall designate the Associate Superintendent for Human Resources to receive reports or complaints of sexual harassment of an employee from any individual, employee or victim of sexual harassment and building administrators or designated persons as outlined above. If the complaint involves the Associate Superintendent for Human Resources, the complaint shall be filed directly with the Superintendent.
NOTICE OF POLICY
Each principal or other person in charge of a building or site owned or operated by the East Baton Rouge Parish School Board shall conspicuously post in each building or site the names of the persons designated to receive complaints and the name of the Associate Superintendent for Human Resources, including a mailing address and telephone number, together with a copy of this policy.
The mere act of submission of a complaint or report of sexual harassment of an employee will not affect the reporting individual's future employment and/or work assignments.
Use of formal reporting forms is encouraged but is not mandatory.
The School Board will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School Board's legal obligations and the necessity to investigate allegations of harassment and take corrective or disciplinary action when the conduct has occurred.
INVESTIGATION AND RECOMMENDATION
The School Board shall authorize the Associate Superintendent
for Human Resources, upon receipt of a report or complaint alleging
sexual harassment by an employee or non-employee volunteer, to immediately
authorize an investigation. This investigation may be conducted
by School Board employees or by a third party designated by the Associate
Superintendent of Human Resources. The investigating party shall
provide a written report of the status of the investigation within
ten (10) working days to the Associate Superintendent for Human Resources.
The investigation shall consist of personal interviews with
the complainant, the individual(s) against whom the complaint is filed,
and others who may have knowledge of the alleged incident(s) or circumstances
giving rise to the complaint. The investigation may also consist
of any other methods and documents deemed pertinent by the investigator
or the Associate Superintendent for Human Resources.
In determining whether alleged conduct constitutes sexual harassment,
the Associate Superintendent for Human Resources should consider the
surrounding circumstances, the nature of the sexual advances, relationships
between the parties involved and the context in which the alleged
incidents occurred.
The Associate Superintendent for Human Resources may utilize
informal procedures to handle complaints when appropriate.
The School Board's Associate Superintendent for Human Resources shall make a report to the Superintendent upon completion of the investigation involving an employee or non-employee volunteer. The report may include a finding that the complaint was unfounded, informally resolved, or a recommendation to the Superintendent for disciplinary action.
Any employee shall have the right to pursue a claim of sexual harassment under state or federal law, regardless of the outcome of the School Board’s investigation.
ACTIONS
Upon receipt of a determination that a complaint involving an
employee or non-employee volunteer is valid and which has not been
informally resolved, the Superintendent shall take such action as
appropriate based on the results of the investigation which may include,
but not be limited to, disciplinary action consisting of suspension
without pay, demotion, or termination.
If, based on the results of the investigation, it is determined
that the claim of sexual harassment of an employee was intentionally
false, the Superintendent shall take such action against the complainant
as appropriate, which may include, but shall not be limited to, disciplinary
action consisting of suspension without pay, demotion, or termination.
The results of the investigation of each complaint filed under these procedures shall be reported in writing to the complainant and the alleged harasser by the Associate Superintendent for Human Resources.
RETALIATION PROHIBITED
The School Board shall discipline any individual who retaliates against any person who reports alleged sexual harassment of an employee or who retaliates against any person who testifies, assists, or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment at the time of a report or any time after a report.
NON-HARASSMENT
The School Board recognizes that not every advance or conduct of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances. Deliberate false accusations of sexual harassment can have a serious detrimental effect on innocent parties and subject the accuser to disciplinary actions as described above.
NOTIFICATION/TRAINING
Copies of this policy shall be circulated to all schools and departments of the East Baton Rouge Parish School Board and placed on the School Board’s website. Each principal or other person in charge of a building or site owned or operated by the East Baton Rouge Parish School Board shall conspicuously post in each building or site the names of the persons designated to receive complaints and the name of the Associate Superintendent for Human Resources, including a mailing address and telephone number, together with a copy of this policy. Training sessions on this policy and the prevention of sexual harassment shall be held in all schools and other sites on an annual basis. Training sessions for new non-teaching employees shall be conducted annually. Supervisors and other persons designated to accept or investigate complaints of sexual harassment in the workplace shall receive additional education and training.
STUDENT-ON-STUDENT SEXUAL MISCONDUCT OR HARASSMENT
Handling of complaints of student-on-student sexual misconduct or sexual harassment are governed by policy JAAA, Title IX Grievance Procedures for Student Reports or Complaints of Sexual Harassment, or JCEA, Student Sexual Misconduct.
SEXUAL HARASSMENT AS SEXUAL ABUSE OR CRIMINAL ACTIVITY
Under certain circumstances, sexual harassment of a student may constitute sexual abuse under the Louisiana Children's Code. In such situations, School Board personnel become mandatory reporters and shall comply with Article 609(A) of the Louisiana Children's Code and directly report the sexual abuse to the Child Protection Unit of the Louisiana Department of Social Services. Also, activity of a criminal nature should be reported by the victim to local law enforcement.
OTHER REPORTING OPPORTUNITIES
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, race, color, national origin, sexual orientation, gender identity, and religion. Both Federal and State laws prohibit sexual harassment.
Employment related sexual harassment complaints may be filed with the U.S. Equal Employment Opportunity Commission, and/or with the Louisiana Commission on Human Rights. Sexual harassment complaints by students and employees may be submitted to the School Board’s Title IX Coordinator, or to the Assistant Secretary for Civil Rights of the U.S. Department of Education, Office for Civil Rights, Department of Education, 400 Maryland Ave., SW, Washington, DC 20202-1100, Email: ocr@ed.gov, 1-800-421-3481. There are other government agencies which may have jurisdiction over employment related complaints. These complaint procedures of this policy are in addition to those provided by federal and state laws.
Revised: December, 2018
Revised: January 16, 2020
Revised: August 20, 2020
Ref: 20 USC 1681 (Title IX of the Education Amendments of 1972)
42 USC Chapter 21 (Civil Rights)
42 USC 2000e (Civil Rights - Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex - Sexual Harassment)
34 CFR 100.6 et seq. (Title VI of the Civil Rights Act of 1964)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 14:81.4, 15:539, 17:81, 23:301, 23:302, 23:303, 23:332, 23:967, 42:341, 42:342, 42:343, 42:344, 42:345
La. Civil Code, Art. 2315
Board minutes, 1-16-20, 8-20-20
East Baton Rouge Parish School Board