III. T. Sexual Harassment Policy

WEST WARWICK PUBLIC SCHOOLS

SEXUAL HARASSMENT POLICY

Statement of Philosophy

I.  STATEMENT OF PHILOSOPHY

 

  1. Is is the policy of the West Warwick Public Schools as well as state and federal law, that sexual harassment is a form of discrimination which violates (but is not limited to) Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et. seq.; Title XI of the 1972 Education Act, R.I. Gen. Laws §28-7-1, as amended, Fair Employment Practices Act and R.I. Gen. Laws §16-38-1.  That sexual harassment of a student, employee, applicant or volunteer is unlawful and shall not be tolerated.  This policy applies whether the sexual harassment is between people of the same or different gender.

 

  1. The West Warwick Public Schools are committed to equal employment, treatment, and educational opportunity for all employees, applicants, students, volunteers and those parties who are contracted to perform work for the West Warwick Public Schools, without unlawful regard to race, color, religion, sex, national origin, age, sexual orientation or disability in all aspects of employment, treatment and education.

 

  1. The West Warwick Public Schools are also committed to maintaining a positive school and work environment free of harassment based on race, color, religion, national origin, age, sex, sexual orientation or disability.  The West Warwick Public Schools expect all employees, students and volunteers to conduct themselves in an appropriate and professional manner, with respect and concern for their colleagues and students.

 

II.  SEXUAL HARASSMENT DEFINED

 

  1. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

     

    1. Submission to or rejection of such conduct or communication is made either explicitly or implicitly a term or condition of instruction, employment or otherwise full participation in all school activities; or

 

    1. Submission to or rejection of such conduct or communication by an individual is used as a basis for evaluation in making academic, personnel or employment decisions affecting an individual; or

 

    1. Such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment or education environment.  Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy.

 

    1. Submission to or rejection of the conduct by a student is used as the basis for any decision affecting the student’s grades, benefits, services or honors programs available at or near the school.

 

    1. This policy applies to School Department employees, students, volunteers and any other person who engages in school sponsored activities.  Provided further, the policy shall apply to said persons when involved not only in the academic setting, but also during extra-curricular activities including school sponsored events away from the school.

 

  1. Sexual harassment may include but is not limited to:

 

    1. Verbal harassment or abuse;

 

    1. Subtle pressure for sexual activity;

 

    1. Inappropriate patting or pinching;

 

    1. Intentional brushing against a student’s or an employee’s body;

 

    1. Demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status;

 

    1. Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status;

 

    1. Any sexually motivated unwelcome touching;

 

    1. Referring to an adult as a girl, hunk, doll, babe or honey;

 

    1. Whistling at someone, cat calls;

 

    1. Making sexual comments about a person’s body;

 

    1. Making sexual comments or innuendoes;

 

    1. Turning work discussions to sexual topics;

 

    1. Telling sexual jokes or stories;

 

    1. Asking about sexual fantasies, preferences or history;

  

    1. Asking personal questions about social or sexual life;

 

    1. Making sexual comments about a person’s clothing, anatomy or looks;

 

    1. Repeated unwanted offensive sexual flirtations, advances or propositions;

 

    1. Repeatedly asking out a person who is not interested;

 

    1. Making kissing sounds, howling and smacking lips;

 

    1. Telling lies or spreading rumors about a person’s personal sex life;

 

    1. Looking a person up and down (elevator eyes);

 

    1. Staring at someone;

 

    1. Blocking a person’s path;

 

    1. Following the person;

 

    1. Giving inappropriate personal gifts;

 

    1. Displaying sexually suggestive visuals i.e. calendars, pin-ups;

 

    1. Making facial expressions such as winking, throwing kisses or licking lips;

 

    1. Making sexual gestures with hands or through body movements;

 

    1. Sexually suggestive E-Mail;

 

    1. Giving a massage around the neck or shoulders;

 

    1. Touching the person’s clothing, hair or body;

 

    1. Hanging around a person;

 

    1. Hugging, kissing, patting or stroking;

 

    1. Unwelcomed hanging around another person;

 

    1. Standing close or brushing up against a person;

 

    1. Indecent exposure.

 

Knowing the foregoing may be evidence of harassment, if you know similar conduct is occurring in your place of employment/school and it is either unwelcome or

 

appears unwise, proactive steps should be taken to eliminate that conduct before a complaint, charge or lawsuit is filed.

 

III.  REPORTING PROCEDURES

 

 

A.     Any person who believes that he or she has been the victim of sexual harassment by a student or an employee of the school department or any third person with knowledge or belief of conduct that may constitute sexual harassment should report the alleged acts immediately to an appropriate school department official as designated by this policy.

 

      The school department encourages the reporting party or the complainant to use the report form available from the principal of each building or available from the school administration office.

      Students are encouraged and expected to report incidents of sexual harassment to any teacher, counselor and/or administrator in the West Warwick Public Schools.  Any teacher or counselor who has received such a report either verbally or in writing must forward that report to an administrator in the West Warwick Public Schools within 24 hours, or if unusual circumstances dictate, within a reasonable extension of time thereafter.  The administrator shall meet with the complainant and complete a “notice of receipt of sexual harassment complaint” form which will then be forwarded to the Superintendent.

Employees, substitutes and volunteers may report sexual harassment to any administrator in the West Warwick Public Schools.  The list of administrators is as follows:

 

                     Superintendent of Schools

                     10 Harris Avenue

                     821-1180

 

                     Director of Administration & Transportation

                     10 Harris Avenue

                     821-3010

 

                     Director of Elementary Education

                     10 Harris Avenue

                     822-8435

 

                     Director of Personnel/Human Resources

                     10 Harris Avenue

                     822-8437

 

                     Director of Special Education

                     10 Harris Avenue

                     822-8432

 

 

                     Director of Property Services

                     Junior Street

                     822-8443

 

                     Principal or Assistant Principal

                     West Warwick High School

                     1 Webster Knight Drive

                     821-6596

 

                     Principal or Assistant Principal

                     Deering Middle School

                     1 Webster Knight Drive

                     822-8445

 

                     Principal, Greenbush Elementary School

                     127 Greenbush Road

                     822-8454

 

                     Principal, Horgan Elementary School

                     124 Providence Street

                     822-8449

 

                     Principal, Maisie E. Quinn Elementary School

                     1 Brown Street

                     822-8456

 

                     Principal, Wakefield Hills Elementary School

                     505 Wakefield Street

                     822-8452

 

The administrator shall promptly inform either the Superintendent of Schools or, if the Superintendent is involved in the allegation, the Director of Administration & Transportation, of any report of sexual harassment.

 

An employee, applicant, student, parent/guardian or volunteer may also choose to seek redress through one of the following outside agencies:

 

                                    Office of Civil Rights, Region 1

                                    United States Department of Education

                                    J.W. McCormack Post Office and Courthouse Building

                                    Room 222, 01-0061

                                    Boston, MA  02109

                                    617-223-9662

 

                                    Rhode Island Commission of Human Rights

                                    10 Abbott Park Place

                                    Providence, RI  02903

                                    401-277-2661

 

                                    United States Department of Labor

                                    Employment Standards Administration

                                    Office of Federal Contact Compliance Programs

                                    J.F.K. Federal Building, Room E-235

                                    Boston, MA  02109

                                    617-565-2055

 

                                    Equal Employment Opportunity Commission

                                    Boston Area Office

                                    One Congress Street, 10th Floor

                                    Boston, MA  02114

                                    617-565-3200

 

IV.  INVESTIGATION AND RECOMMENDATION

 

By the authority of the School Department, the Superintendent or the Director of Administration & Transportation, as the case may be, upon receipt shall immediately authorize an investigation.  The investigation shall be conducted by a School Department official or by a third party, both of which shall be designated by the Superintendent.

 

The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Superintendent of Schools.

 

In determining whether alleged conduct constitutes sexual harassment, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and context in which the alleged incidents occurred.

 

The investigation may 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.

 

In addition, the School District may take immediate steps, at its discretion to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.

 

The investigating officer shall make a report to the Superintendent upon completion of the investigation.

 

V.  STATEMENT OF CONFIDENTIALITY

 

Confidentiality and privacy of those involved will be respected during and following all complaint procedures to the degree this procedure and the law and contract obligations will allow.  Complaints alleging a material breach of such confidentiality and privacy shall be investigated and treated in the same manner and to the same extent as any other complaint alleging a breach of this policy.

 

 

VI.  RESPONSIBILITIES

 

It shall be the responsibility of the Superintendent of Schools to assure that this policy is carried out to its fullest intent.

 

VII.  SCHOOL DEPARTMENT ACTION

 

  1. Upon receipt of a recommendation that the complaint is valid, the School Department will take such action as appropriate based on the results of the investigation.  The School Department shall take action pursuant to this policy and consistent with applicable collective bargaining agreements, Rhode Island statutes and School Department policy.  The School Department will take such disciplinary action it deems necessary and appropriate including warning, suspension or immediate discharge to end sexual harassment and prevent its recurrence.  Every accused individual shall be afforded due process rights.

 

  1. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant and the accused by the School District.  The report will document any disciplinary action taken as a result of the complaint.

 

  1. Every student shall be afforded all rights guaranteed to said student pursuant to R.I. General Laws as amended.  In all cases all persons shall be afforded due process rights prior to the imposition of any sanctions.

 

  1. Any School Department action pursuant to this policy will be consistent with requirements of applicable collective bargaining agreements, Rhode Island statutes and School Department policies.

 

VIII.  REPRISAL

 

The School Department will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in any investigation, proceeding or hearing relating to a sexual harassment complaint.  Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

 

IX.  NON-HARASSMENT

 

The School Department recognizes that not every advance or consent of 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.  Examples of non-harassment are legitimate non-sexual contact such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as teacher’s consoling hug of a young student, or one student’s demonstration of a sports move requiring contact with another student.

 

False accusations of sexual harassment can have a serious detrimental effect on innocent parties.  If it is determined that an accusation is made falsely, the School Department may take appropriate disciplinary action against the person making such false accusation.

 

X.  POLICY DISSEMINATION AND TRAINING

 

All students, employees, substitutes and volunteers shall be trained by qualified individuals in understanding this policy and its implications.

 

XI.  NOTIFICATION

 

The West Warwick Public Schools is responsible for publicizing this policy.  A copy of the policy shall be distributed to all employees, substitutes, volunteers, students and parents/guardians and posted in an area where all members will have the opportunity to freely view it.

 

The West Warwick Public Schools sexual harassment policy shall be reviewed on an annual basis and, if necessary, updated or corrected.  The updated or corrected policy shall be distributed to all employees, substitutes, volunteers, students and parents/guardians in a timely fashion.

Date Adopted:                May 12, 1998

Date Revised:                 December 14, 1999

Second Revision:            September 10, 2002

Third Revision:                July 10, 2003

Initials of Chairperson:          ________