Sexual HarassmentPrevention

Management Team

Training

December 4, 2007

Sexual Harassment Prevention

• Definitions

– Types of Sexual Harassment

– Legal Framework

• District Policy• Responsibility

– Reporting

– Liability and Consequences

•How to Avoid•How to Handle

What isSexual Harassment?

• Unwelcome sexual advances for sexual favors or other verbal or physical conduct of a sexual nature– Submission is a

condition of employment

– Submission affects employment decisions

– Creates intimidating, hostile, offensive work environment

Types ofSexual Harassment

• Quid pro quo– Supervisor requires sexual favors

as a condition of employment– Submission to or rejection of

advances is used as a basis for employment decisions

• Hostile work environment– Verbal– Physical– Visual– Sexual favors

Unwelcome Conduct?• Only unwelcome conduct is

considered sexual harassment.

– Consensual dating, joking, and touching are not considered harassment if not unwelcome or offensive.

– Recipient’s reaction determines if unwelcome.

Standards for Judgment• “…eye of the

beholder”• Reasonable woman• Reasonable victim

Is Your BehaviorUnwanted?• Ask yourself these

questions:– Would I want this behavior

written about in the media?– Would I behave this way if a

member of my family were present?

– Would I want someone to act this way toward someone I love?

– Is this behavior agreed upon by me and the other person?

– Does this behavior further the goals of the school or district?

Legal Framework– Title VII

– Title IX

– CA Government Code

– CA Education Code

– CA Fair Employment and Housing Act

Responsibility and Reporting of

Sexual Harassment• Employee complaint

– Investigation– Immediate and

appropriate action

• Student complaint– Investigation– Immediate and

appropriate action

Liability• Employer is liable for acts

of management with or without knowledge of harassment.

• Employer is liable for acts of co-workers if employer has knowledge or should have known about harassment.

• Liability can be avoided through immediate and appropriate action.

Additional Liabilities

• Liability for acts of non-employees.

• Liability to those not directly harassed.

• Personal liability of harasser.

Other Consequencesof Sexual Harassment

• There are no winners.• Grievance• PERB - Unfair Labor

Practice• Worker's Compensation• Litigation costs• Report to CTC

How to Avoid Sexual Harassment

• Establish a clear policy prohibiting sexual harassment.

• Establish an effective complaint procedure.

• Communicate policy and complaint procedure to all employees.

• Take immediate and appropriate action in response to complaints.

How to HandleSexual Harassment

• Avoid engaging in sexual harassment activities.

• Prevent employees (and students) from sexually harassing others.

• Investigate complaints:– Interviews.– Weigh evidence.– Seek support.– Take immediate and appropriate

action.