Your Responsibility. Harassment and Bullying Prevention

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1 Harassment and Bullying Prevention Your Responsibility Harassment and Bullying Prevention 8/1/2014 1

2 Facts Harassing behavior can have serious legal consequences for the organization and for you. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 prohibit discrimination on the basis of disability. In Oklahoma we have the School Bullying Prevention Act of And the Oklahoma School Security Act of Harassment and Bullying Prevention 8/1/2014 2

3 Defined as Sexual Harassment Unwelcomed sexual advances, or Request for sexual favors, or Verbal or physical conduct of a sexual nature When Submission to, or rejection of, this conduct: o Explicitly or implicitly affects an individual's employment, or o Unreasonably interferes with an individual s work performance, or o Creates an intimidating, hostile, or offensive work environment. Harassment and Bullying Prevention 8/1/2014 3

4 You should be able to rely on your common sense and tactfulness, but to keep you out of trouble, we ve provided a short list of tips. Harassment and Bullying Prevention 8/1/2014 4

5 Recognizing Sexual Harassment Short List of Violation that will get you into trouble Pressure for sexual activity. Asking about a person s sexual fantasies, sexual preferences, or sexual activities. Unwelcomed patting, hugging, or touching a person s body, hair, or clothing. Repeatedly asking for a date after the person has expressed disinterest. Sexual innuendoes, jokes, or comments. Making sexual gestures with hands or through body movements. Disparaging remarks to a person about his/her gender or body. Making suggestive facial expressions such a licking lips or wiggling tongue. Sexual graffiti, visuals, T shirts, or hats. Harassment and Bullying Prevention 8/1/2014 5

6 Occurs when: Recognizing Sexual Harassment Quid Pro Quo (From the Latin meaning This for That) An individual s submission to, or rejection of, sexual advances or conduct of a sexual nature is used as the basis for employment decisions, affecting the individual, or The individual s submission to such conduct is made a term or condition of employment. *Only supervisor s or managers can engage in this type of harassment, since it requires the authority to grant a job favor in return for the unwelcomed advance or request. Harassment and Bullying Prevention 8/1/2014 6

7 Recognizing Sexual Harassment Hostile Environment Occurs when unwelcomed sexual conduct: o o Unreasonably interferes with an individual s job performance, or Creates a hostile, intimidating or offensive work environment, even though the harassment may not result in tangible or economic job consequences. Can be committed by coworkers or supervisors, because it does not require authority to create such an environment Sexual desire or attraction need not play a part o Meaning that teasing related to a person s physical attributes, love life, etc. can create a hostile environment. Harassment and Bullying Prevention 8/1/2014 7

8 Behaviors of Sexual Harassment Examples of Violations Sexual advances or request for sexual favors Leering, staring, sexual flirtation or propositions Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions Graphic verbal comments about an individual s body, or overly personal conversation. Spreading of sexual rumors Touching of an individual s body or clothes Cornering or blocking of normal movements. Displaying sexually suggestive objects in the work environment Harassment and Bullying Prevention 8/1/2014 8

9 Behaviors of Sexual Harassment Correlated Facts Both men and women can be victims of sexual harassment. Either a man or woman can be a harasser. Person complaining of sexual harassment does not have to be the person at whom the conduct was directed it can be someone else who was affected by the conduct. Harassment can occur at work, at company-sponsored events, or between coworkers away from work. Harassment situations can be peer-to-peer, supervisor-to employee, or third party-to-employee. Harassment and Bullying Prevention 8/1/2014 9

10 District Policy 116 What does our policy say Specific Prohibitions: A. Administrators and Supervisors: 1. It is sexual harassment for an administrator or supervisor to use his or her authority to solicit sexual favors or attention from subordinates or District s patrons when the individual s failure to submit will result in adverse treatment or when the individual s acquiescence will result in preferential treatment. 2. It is sexual harassment for an administrator or supervisor to engage in a sexual relationship with a student. 3. Administrators and supervisors who either engage in sexual harassment or tolerate such conduct by other employees or students shall be subject to sanctions, as described below. Harassment and Bullying Prevention 8/1/

11 District Policy 116 What does our policy say B. Non-administrative and Non-supervisory Employees: 1. It is sexual harassment for a non-administrative and/or non-supervisory employee to subject any District employee or patron to any unwelcome conduct of a sexual nature. 2. It is sexual harassment for a non-administrative and/or non-supervisory employee to engage in a sexual relationship with a student. 3. Employees who engage in such conduct shall be subject to sanctions, as described below. C. Students: 1. It is sexual harassment for a student to subject any District employee, patron, or fellow student to any unwelcome conduct of a sexual nature. 2. Students who engage in such conduct shall be subject to sanctions, as described below. Harassment and Bullying Prevention 8/1/

12 District Policy 116 What does our policy say General Prohibitions: A. Unwelcome Conduct of a Sexual Nature: 1. Conduct of a sexual nature may include: a. verbal or physical sexual advances, including subtle pressure for sexual activity, flirtation, advances, and/or propositions of a sexual nature; b. touching, pinching, patting, or brushing against; c. unwarranted displays of sexually suggestive or sexually explicit objects or pictures, including greeting cards, articles, books, magazines, or cartoons; d. sexual assault; e. comments regarding physical or personality characteristics of a sexual nature; and f. sexually-oriented "kidding", "teasing", double meanings, and jokes. 2. Conduct of a sexual nature may constitute sexual harassment when the allegedly harassed employee has indicated, either orally or by his or her conduct, that it is unwelcome. 3. If the person has initially welcomed such conduct by active participation, the person must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome. Harassment and Bullying Prevention 8/1/

13 District Policy 116 What does our policy say Sexual Harassment: For the purpose of this policy, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment if: 1. submission to the conduct is made either an explicit or implicit condition of employment or instruction; 2. submission to or rejection of the conduct is used as a basis for an instruction or employment decision affecting the harassed student or employee; 3. the conduct substantially interferes with a student s learning or an employee's work performance; 4. the conduct, either by intent or by effect, creates an intimidating, hostile, or offensive work or learning environment; 5. the conduct is directed toward a student, regardless of the basis, by an adult employee or volunteer; or 6. submission to or rejection of the conduct is used as a basis for providing the District s services or participation in the District s programs. Harassment and Bullying Prevention 8/1/

14 District Policy 116 What does our policy say Sexual harassment can occur in a variety of circumstances, including, but not limited to, the following: 1. the individual who is sexually harassed, as well as the harasser, may be female or male and does not have to be of the opposite sex from the harasser; 2. the harasser can be the supervisor of the individual who is sexually harassed, an agent of the employer, a supervisor in another area, a co-worker, a subordinate, an instructor, or a non-employee; 3. the individual who is sexually harassed does not have to be the specific person to whom the harasser directs the conduct which constitutes sexual harassment but must be a person who was directly affected by the offensive conduct of the harasser; and 4. unlawful sexual harassment may occur without economic injury to or discharge of the individual who is sexually harassed. Harassment and Bullying Prevention 8/1/

15 District Policy 116 What does our policy say Report, Investigation, and Sanctions: A. Victims of sexual harassment are encouraged to come forward with such claims. This may be done through the grievance procedure outlined in District s Civil Rights Policy. 1. Employees who feel that administrators or supervisors are conditioning promotions, increases in wages, continuation of employment, or other terms or conditions of employment upon sexual favors, are encouraged to report these conditions to the appropriate administrator. If the employee's direct administrator or supervisor is the alleged offending person, the report shall be made to the next higher level of administration or supervision. 2. Employees, patrons, and students are also urged to report any unwelcome conduct of a sexual nature by supervisors, employees, or students if such conduct interferes with the individual's work performance or creates a hostile or offensive working or learning environment. 3. Confidentiality shall be maintained, and no reprisals or retaliation shall be allowed to occur as a result of the good faith reporting of charges of sexual harassment. Harassment and Bullying Prevention 8/1/

16 District Policy 116 What does our policy say Report, Investigation, and Sanctions (continued): B. In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred shall be investigated. The Superintendent, or the Superintendent s designee, has the responsibility of investigating and resolving complaints of sexual harassment. In the event the Superintendent is the subject of the complaint, the Superintendent s designee shall investigate the matter. C. Any employee found to have engaged in sexual harassment shall be subject to sanctions, including, but not limited to, warning, demotion, suspension, or termination subject to applicable procedures and due process requirements. Any student found to have engaged in sexual harassment shall be subject to disciplinary action. Harassment and Bullying Prevention 8/1/

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18 The close cousin of Harassment is Bullying Definition of Bullying from State of Oklahoma Human Resource Department based on Civil Rights Act of 1964 and subsequent laws regarding harassment: Bullying means repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more employees against another or others, at the place of work and/or the course of employment. Harassment and Bullying Prevention 8/1/

19 Types of Bullying Verbal Bullying: slandering, ridiculing or maligning a person or his/her family; name calling which is hurtful, insulting or humiliating; abusive and offensive remarks. Physical Bullying: pushing shoving; kicking; poking; tripping; assault, or threat of physical assault; damage to a person s work area or property. Gesture Bullying: non-verbal threatening gestures, glances which can convey threatening messages. Power Bullying: making excessive demands, such as assigning work that is impossible to perform or is clearly unnecessary. Making demeaning demands. Intruding or invading into the employee s personal life. Socially or physically excluding or disregarding a person in workrelated activates. Harassment and Bullying Prevention 8/1/

20 District Policy 167 What does our policy say Statement of Legislative Mandate and Purpose: This policy is a result of the legislative mandate and public policy embodied in the School Bullying Prevention Act, 70 Okla. Stat The Oklahoma Legislature requires adoption of a policy focused on the prevention of harassment, intimidation, and bullying in an effort to create an environment free of unnecessary disruption and also requires districts to actively pursue programs for education regarding bullying behaviors. Gordon Cooper s student conduct code prohibits threatening behavior, harassment, intimidation and bullying. This policy further explains the negative effects of that behavior, promotes strategies for the prevention of bullying, and implements procedures for complying with the School Bullying Prevention Act. This policy applies to all students regardless of classification as a secondary or adult student. Harassment and Bullying Prevention 8/1/

21 District Policy 167 A. Statutory definition of terms: Harass, intimidate, or bully means, including, but not limited to, gestures, written, verbal or physical acts, or electronic communication that a reasonable person should know will: 1. Harm another student; What does our policy say 2. Damage another student s property; 3. Place another student in reasonable fear of harm to the student s person or damage to the student s property; or 4. Insult or demean any student or group of students in such a way as to disrupt or interfere with the school s educational mission or the education of any student. Threatening behavior means any pattern of behavior or isolated action, whether or not it is directed at another person, that a reasonable person would believe indicates potential for future harm to students, school personnel, or school property Harassment and Bullying Prevention 8/1/

22 District Policy 167 What does our policy say Electronic communication means the communication of any written, verbal, or pictorial information by means of an electronic device, including, but not limited to, a telephone, a cellular telephone or other wireless telecommunication device, or a computer. Threatening behavior, harassment, intimidation or bullying by electronic communication is prohibited whether or not such communication originated at school, or with school equipment, if the communication is specifically directed at students or school personnel and concerns harassment, intimidation, or bullying at school. At school means on school grounds, in school vehicles, at schoolsponsored activities, or at school-sanctioned events. Harassment and Bullying Prevention 8/1/

23 District Policy 167 What does our policy say Student Reporting Students are encouraged to inform school personnel if they are the victim of or a witness to acts of harassment, intimidation, or bullying. Staff Reporting An important duty of the staff is to report acts or behavior that the employee witnesses that appears to constitute harassing, intimidating, or bullying. Employees, whether certified or noncertified, shall encourage students who tell them about acts that may constitute intimidation, harassment, or bullying, to complete a report form. Staff members who witness such events are to complete reports and to submit them to the employee designated by the campus director to receive them. Staff members who hear of incidents that may, in the staff member s judgment, constitute harassment, intimidation or bullying, are to report all relevant information to the campus director or his/her designee. Procedure for the Investigation of Harassment, Intimidation, Bullying, or Threatening Behavior Reported to School Officials For any alleged incidents of harassment, intimidation, bullying, or threatening behavior reported to school officials, the designated school official will investigate the alleged incident(s). The purpose of the investigation is to determine the severity of the alleged incident(s) and the potential to result in future violence. Harassment and Bullying Prevention 8/1/

24 Bottom Line Your Responsibilities Be respectful of everyone in the school environment. Do not rely on your own sense of taste and humor. Stay out of any gray areas where your words or actions could be misinterpreted. Understand that when it comes to Sexual Harassment and Bullying, it is not your opinion or perspective that is important, but how your words and actions are perceived by others Participating in conduct that might bring an accusation of Sexual Harassment or Bullying will be taken seriously and put you under scrutiny that may lead to disciplinary consequences. Feel free to report any Sexual Harassment or Bullying that you witness (whether it is happening to you or someone else), to your instructor, administrator, or someone in authority you can trust. Harassment and Bullying Prevention 8/1/