Regulation 9050: Sexual Harassment In The Workplace - Procedures for Complaints
Employee shall mean each person regardless of title, assigned or appointed by the Board.
Immediate supervisor shall mean the person to whom the employee is directly responsible. Should the immediate supervisor be the alleged harasser, the compliance officer is to substitute for the supervisor.
Compliance officer shall mean the Assistant Superintendent for Human Resources whose role it is to coordinate compliance in regard to sexual harassment.
An employee who believes he/she has been subjected to sexual harassment shall report the incident to his/her immediate supervisor or to the Assistant Superintendent for Human Resources. Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.
All reports of sexual harassment will be held in confidence subject to all applicable laws and any relevant provisions found in appropriate collective bargaining agreements.
Consistent with federal and state law, and all applicable provisions contained in the district's collective bargaining agreements, the following procedures shall be employed in handling any report, investigation and remedial action concerning allegations of sexual harassment:
Any employee who believes he/she has been subjected to sexual harassment may request that an informal meeting be held between himself/herself and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available. The supervisor will then promptly discuss the complaint with the alleged harasser. Should the harasser admit the allegations, the supervisor is to obtain a written assurance that the unwelcome behavior will stop. Depending on the severity of the charges, the supervisor may recommend that further disciplinary action be taken.
Thereafter, the supervisor is to prepare a written report of the incident and inform the complainant who is to indicate on the supervisor's report whether or not he/she is satisfied with the resolution.
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the complaint may be reopened for investigation if a recurrence of sexual harassment is reported. The supervisor is to inform the complainant to report any recurrence of the harassment or any retaliatory action that might occur.
Should the complainant be dissatisfied with the resolution, he/she is to file a formal written complaint.
Should the alleged harasser deny the allegations, the supervisor is to inform the complainant of the denial and state that a formal written complaint will be required for further formal investigation. The supervisor will file a report with the next level of management on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor's report with a recommendation for further action.
Formal complaints may be submitted either to initially report any incident(s) of sexual harassment, or as a follow-up to an unsatisfactory resolution of an informal attempt to resolve a complaint. In the latter case, the formal written complaint is to be submitted to the supervisor originally consulted, who will then forward it to the Assistant Superintendent for Human Resources for appropriate action.
Investigating a Complaint:
Upon receipt of a formal or informal complaint, a prompt, thorough and impartial investigation of the allegations must follow. Complainants are to be notified of the outcome of the investigation.
Following a finding that sexual harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law and collective bargaining agreements. Depending on the gravity of the misconduct, these may range from a reprimand up to and including dismissal from employment.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law and consistent with any applicable provisions in the collective bargaining agreements.
Following a finding that no sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the District Superintendent and ultimately to the Board. The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.
Post Remedial Action:
Following a finding of sexual harassment, victims will be periodically interviewed by the appropriate supervisory personnel to ensure that the harassment has not resumed and that no retaliatory action has occurred. These follow-up interviews will continue for an appropriate period of time. A report will be made of any victim's response.
Complainants should receive a copy of any resolutions reports filed by the supervisor concerning his/her complaint.
Investigation in the Absence of a Complaint:
The District Superintendent will, in the absence of a complaint, ensure that an investigation is commenced by the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct.
Approved by Superintendent of Schools: February 9, 1993
Revised: October 19, 1993