Southern York County School District

Sexual Harassment TrainingAll SYCSD employees should enjoy a working environment

free from all forms of discrimination, including sexual harassment. No employee, either male or female, should

be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.

12011-2012

Why does this training matter?It’s illegal, disrespectful and hurtful,

and bad for business.Illegal: It is wrong, against the law, and against school district policy.

Disrepectful & Hurtful: It denies victims a safe workplace where they are treated with respect and dignity. It can take significant psychological and physical toll on its victims.

Bad for Business: It impedes productivity, teamwork and morale.

2

What is sexual harassment?1. “Unwelcome conduct…

2. … of a sexual nature…

3. … that is used as a basis for making employment decisions; or unreasonably interferes with an individual’s work performance; or creates an intimidating, hostile or offensive work environment.”

3

1. Unwelcome conduct…

4

Means uninvited, uninitiated or unwanted

Even conduct that is passively accepted, tolerated or even participated in (laughing at jokes) may still be considered unwelcome.

In general, if common sense suggests that conduct could potentially be offensive, it should be assumed to be unwelcome, even if no one complains about it.

2. …of a sexual nature …

5

Sexual Harassment involves conduct that is sexual in nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a “sexual nature” is what sexual harassment is about.

3. …that is used as a basis for making employment decisions; or unreasonably interferes with an individual’s work performance; or creates an intimidating,

hostile or offensive work environment.”

6

This third part refers to the different forms that sexual harassment can take, ranging from intentionally negative employment decisions to unintentionally offensive comments. If unwelcome conduct of a sexual nature is sufficient to interfere with other’s work performance and negatively alter the work environment, it meets the definition of sexual harassment, whether intentional or not.

ALWAYS REMEMBER:

Sexual harassment is based on

impact, not intent!

The offense is labeled by the recipient, regardless of how it was intended.

7

Two forms of sexual harassmentQuid Pro Quo: (“this for that”)

• An employee is forced to submit to unwanted or unwelcome advances or attention to get or keep their job, even if this is “just understood” and not explicitly stated.

• Submitting to or rejecting the harassment is the basis for an employment decision that affects the employee.

8

Hostile Environment:• The harassment itself is intended to or does interfere with the

person’s work or creates “an intimidating, hostile, or offensive work environment,” whether or not there is any other unfavorable job action.

Behaviors that are always UNACCEPTABLE are:

• physical contact that includes touching, pinching, patting, kissing, rubbing up against, fondling, groping, grabbing or assault;

• interfering with or blocking movement;

• verbal sexual advances or propositions;

9

Unacceptable Behaviors, continued:

• suggestive or obscene letters, notes, invitations or email received at work or at home;• repeated face-to-face, telephone or email invitations after being refused;• making or using derogatory comments, epithets, slurs and jokes;• leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters;

10

Unacceptable Behaviors, continued:

• verbal abuse of a sexual nature, including graphic comments about an individual’s body, sexually degrading words to describe an individual;• unwanted sexual advances or attention;• obscene or suggestive sounds;• frequent discussion of sexual acts and exploits.

11

Self-Quiz

True or False Answers

12

Following are statements concerning sexual harassment. Use the information you just learned to

answer true or false and then proceed to the next screen for your

correct answer and reason.

True or False:

Supervisors cannot be found liable for sexual

harassment.13

FALSE

In two separate rulings, the Supreme Court found that supervisors are potentially liable for sexual harassment by their employees, even if they are unaware of it.

14

True or False:

School districts can monitor employees

emails.15

TRUEWith employees in a typical workplace sending and receiving dozens of emails everyday, employers are more vulnerable than ever to sexual harassment claims. The School District does have the right to monitor an electronic file of all email messages and would be able to determine if email is being used to harass another employee.

16

True or False:

Quid Pro Quo is a form of sexual harassment that

includes offensive verbal, visual and/or physical contact that creates a

hostile work environment.17

FALSE

Requesting or demanding sexual favors in exchange for employment benefits or threatening reprisals if the favors are not given is an illegal type of sexual harassment known as Quid Pro Quo harassment.

18

True or False:

The workplace environment is an important consideration in sexual harassment cases.

19

TRUESexual harassment also occurs when a harasser's behavior is so pervasive and severe that it creates a hostile work environment or interferes with an employee's ability to do their job. The phrase "hostile work environment" also describes workplaces that are anti-male or anti-female. This environment is typically found in industries that have traditionally employed one gender or the other.

20

True or False:

Employees claiming sexual harassment who are aware of but fail to take advantage of company policies or resources designed to

prevent, correct or eliminate harassment have much weaker

cases than those who do. 21

TRUERecent rulings by the Supreme Court emphasize "reasonable behavior" by both employers and employees in sexual harassment cases. For employees, this means taking advantage of company anti-harassment policies, and for employers, "reasonable" means adopting strong anti-harassment policies, then educating employees about them.

22

REPORTINGDo not ignore, tolerate, or laugh off sexual

harassment. Harassers will continue to bother their victims as long as they think

they can get away with it.

23

SYCSD is a ZERO TOLERANCE

workplace.

Employee Checklist

1. Notify 2. Refuse 3. Write 4. Record 5. Inform 6. Report

24

Employee Checklist1. Notify

Tell your harasser that his or her behavior is unwelcome and offensive. Be specific.

2. Refuse

Clearly say "no" to requests for sexual favors and refuse sexual advances.

25

Employee Checklist, cont.3. Write

It is recommended to write your harasser a letter that details the harassment (dates, places, times events) in objective terms, state your reaction to their behavior, then tell the person that you want the behavior to stop. Copy your supervisor on the letter.

26

Employee Checklist, cont.

4. Record

Create a written record of the harassment; carefully document every incident, including the events, dates, times, witnesses, and your reaction. Save all communications.

27

Employee Checklist, cont.5. Inform

Immediately tell your supervisor that the harasser's behavior is offensive and unwelcome.

6. Report

Once you've put the harasser on notice, report any further incidents to your supervisor or Human Resources.

28

Observer Checklist 1. React 2. Notify 3. Encourage 4. Report 5. Help 6. Support 7. Counsel 8. Inform

29

Observer ChecklistAs an observer of sexual harassment, it is your duty to:

1. React

Help prevent, correct and eliminate sexual harassment in your workplace. If you are aware of or witness sexual harassment, report it promptly to your supervisor.

30

Observer Checklist, cont.2. Notify

Tell the harasser that you are aware of the behavior and that it is totally unacceptable.

3. Encourage

Encourage the harasser to stop bothering the victim, permanently.

4. Report

Inform the harasser that you will tell their supervisor if the behavior does not stop.

31

Observer Checklist, cont.5. Help

Encourage the victim to confront the harasser, detail the offensive behaviors and demand that the harasser stop immediately.

6. Support

Be supportive of any victim: some people believe that they somehow caused the harassment - reassure them that it is not their fault.

32

Observer Checklist, cont.7. Counsel

If the harassment continues, counsel the victim to report it to their supervisor.

8. Inform

If you witnessed the harassment or the victim reported it to you, inform your supervisor immediately.

33

Investigation, Step 1

• All complaints must be forwarded to the Superintendent and will be investigated promptly by administration.

34

Investigation, Step 2• The investigation will include an interview of the complaining party, all witnesses, and a discussion with the individual who is the subject of the complaint.

The Superintendent will act to protect the rights of both the subject of the complaint and the accuser.

35

Investigation, Step 3• If the investigation results in a finding that the complaint is factual and constitutes a violation of the policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. If deemed necessary, the district will enforce disciplinary action against the subject of the complaint, up to and including termination.

36

Investigation, Step 3 cont.• Given the nature of the type of discrimination, the district also recognizes that false accusations of sexual harassment can have serious effects on innocent persons. Therefore, false accusations will result in the same severe disciplinary action applicable to one found guilty of sexual harassment.

37

AppealsIf the complainant or accused is not satisfied with the findings of the investigation, s/he may file a written appeal to the Superintendent within 15 days of the original decision.

38

The Superintendent or his/her designee shall review the initial investigation and report and may also conduct a reasonable investigation. S/He shall prepare a written response to the appeal. Copies of the response shall be provided to the complainant, the accused and the supervisor who conducted the initial investigation.

RetaliationUnder no circumstance will the district allow any

form of retaliation against an accuser.

Threats of retaliation should be reported to the Superintendent immediately.

The Superintendent will take prompt and appropriate action, including disciplinary action,

against individuals threatening to retaliate.

39

Other forms of harassment:

We have primarily outlined sexual harassment in this training, but remember there are other forms of harassment that are also protected by

the PA Human Relations Act.

They are race, age, disability, national origin, religion and other categories protected by law.

40

Thank you!Please contact Human Resources,

if you have any questions.

Please sign the training sheet (use link below) and forward to your building principal or supervisor upon completion of the training.

To access the sheet, click on the link box below. When first box appears, click ok – that will return you to this page, then click on

the box below again to see the sheet. It is a form – simply complete, print and sign your name and then return.

41

Click here for the Training Confirmation Sheet.