SEXUAL HARASSMENT POLICY

SEXUAL HARASSMENT POLICY

It is the policy of the Chicopee School Committee to maintain and promote a working environment and an educational environment free from all forms of sexual harassment. This policy is effective immediately and shall apply to all persons associated with this school system including, but not necessarily limited to, the School Committee, the administration, the staff, and the students. All employees of the Chicopee Public Schools have the right to work in an environment free from sexual harassment. All students of the Chicopee Public Schools have the right to participate in an educational environment free from sexual harassment. Any person who engages in sexual harassment while acting as a member of the school community will be in violation of this policy.

In addition, the Chicopee School Committee affirms its commitment to maintain a work environment free of all forms of harassment and discrimination based on race, color, religion, sexual orientation, national origin, age, sex, disability or genetic information or testing. All members of the school community are expected to conduct themselves in an appropriate manner with courtesy and respect for others. Any harassment on the basis of a person’s race, color, religion, sexual orientation, national origin, sex or disability will not be tolerated.

I. What Is Sexual Harassment?

A. Sexual harassment is a form of sex discrimination. Sexual harassment in the workplace or education environment and retaliation for reporting or cooperating with a sexual harassment investigation are unlawful under both state and federal law and will not be tolerated.

B. In Massachusetts, the legal definition for sexual harassment is this: “sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

1. submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or education or as a basis for employment or education decisions; or,

2. such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work or educational performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitute sexual harassment. Likewise, direct or implied requests by an employee of the Chicopee Public Schools for sexual favors in exchange for actual or promised educational benefits such as favorable grades recommendation letters for college, and the like constitute sexual harassment.

3. sexual harassment is not limited to conduct by a male towards a female. The victim of sexual harassment may be either male or female. Likewise, a harasser may be male or female.

Sexual harassment is not, by definition, limited to prohibited conduct by a supervisor or administrator towards an employee. It can also involve conduct by one employee towards a co-worker or, in some circumstances it may even involve a non-employee as the harasser or the victim of harassment. Sexual harassment can take place in the educational setting as well as the workplace. All such harassment is hereby prohibited.

II Examples Of Types Of Conduct Which May Constitute Sexual Harassment

The legal definition of sexual harassment is broad and in addition to these examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, or humiliating to male or female workers, students or other members of the school community may also constitute sexual harassment.

Be advised that our policy prohibits conduct or behavior of an offensive or sexual nature that may go beyond what is prohibited by law. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which violate our policy and may also constitute sexual harassment under the law, depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness.

· Supervisor indicates to a subordinate that the subordinate’s performance review will be effected by whether or not the subordinate is willing to date the supervisor.

· Supervisor tells an employee that he/she could be promoted if he/she grants certain sexual favors to the supervisor.

· Administrator demotes an employee because the employee refuses to share a bed with the administrator during an out of town conference.

· An employee is subjected to sexual remarks and/or whistles upon each visit to a particular work department. Over a period of time, the employee becomes reluctant to enter that department making it difficult for the employee to properly perform his/her duties.

· Teacher indicates to a student that the student’s grades will be affected by whether or not the student is willing to date the teacher.

· Unwelcome sexual advances -whether they involve physical touch or not;

· Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;

· Displaying sexually suggestive objects or materials, including photographs, drawings, cartoons, post cards, calendars, tapes etc.;

· Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

· Inquiries into one’s sexual activities;

· Discussion of one’s sexual activities;

· Making sexual gestures or body motions;

· Transmitting or accessing sexually explicit materials by computerized or other means;

· Making sexual comments or telling sexual jokes or stories;

· Touching, pinching, groping, kissing or patting the body of another person;

· Repeatedly asking a person for a date or to socialize outside of work after being informed such conduct is unwelcome;

· Exerting pressure on another person for sex or a romantic relationship; or

· Following, “shadowing” or stalking a person.

All employees and students should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated.

III Responsibilities Of All Employees And Participants In The Educational Community

Each employee and each participant in the educational community is personally responsible for ensuring that his/her conduct does not in any way sexually harass any other person he/she has contact with in the performance of his/her duties or studies or while acting as a member of the school community. Each student, employee, supervisor, administrator and member of the school community is required to fully cooperate in any investigation of alleged sexual harassment. Further, supervisors and administrators are obligated to intervene and stop any sexual harassment they witness and to immediately report to their supervisor, in writing, any sexual harassment that is reported to them or they otherwise learn of. Each employee is obligated to immediately report, in writing, to his/her supervisor any sexual harassment of a student which the employee witnesses or learns about.

Any employee who receives a report of or otherwise has knowledge of conduct prohibited by this policy is required to report the conduct or incident immediately.

IV Procedure For Reporting Sexual Harassment

The following sexual harassment complaint procedure has been established to ensure prompt and effective investigation into allegations of sexual harassment.

A. If an individual believes that he or she is being sexually harassed or subjected to inappropriate conduct of a sexual nature, the individual should immediately:

1. firmly confront the harasser(s);

2. state the conduct which he/she objects to;

3. indicate that he/she finds such conduct offensive, intimidating and/or embarrassing;

4. insist that the person(s) engaging in the conduct stop the conduct immediately; and

5. report the harassment immediately in writing to one or more of the persons listed as designated reporters.

If the employee is not comfortable with confronting the alleged harasser(s), the employee should immediately report the situation to one or more of the persons identified.

B. After reporting the situation to one or more of the persons identified, the person should immediately submit a written statement to the investigator detailing:

1. the specific conduct objected to,

2. the date(s) and time(s) such conduct took place,

3. the name(s) of the alleged harasser(s),

4. the location(s) where the conduct occurred,

5. the name(s) of any witness(es), and

6. any other details or information requested by the investigator.

The person should provide the investigator with any documentation (cards, notes, pictures, etc.) or other corroboration of the harassment that the employee may have.

Employees or students who have a complaint of sexual harassment or who wish to learn more about the subject may contact any one of the persons listed on the list of personnel to whom you report sexual harassment incidents. Such a list to be distributed and posted annually.

V. Investigation Of Complaints

Complaints of sexual harassment will be investigated promptly and acted upon in a timely manner.

The investigator will inform the alleged harasser(s) of the complaint, will interview the alleged harasser to and require the alleged harasser to submit a detailed written response to each and every allegation of harassment.

The investigator will also endeavor to promptly interview and obtain detailed written statements from potential witnesses.

If the investigator concludes that sexual harassment has occurred, the matter shall be immediately referred to the Superintendent of School or, when appropriate under the Education Reform Act, to the School Committee for appropriate disciplinary action and action will be taken promptly to eliminate the offending conduct.

VI Consequences Of Violating Policy - Discipline & Discharge

Any employee who violates this policy will be subject to disciplinary action which may range from reprimand, suspension without pay, demotion, up to and including immediate discharge. In appropriate circumstances, the Administration may also refer the matter to law enforcement officials for possible prosecution.

Any student who violates this policy will be subject to disciplinary action which may range from detention, suspension from schools, up to and including expulsion from the schools. In appropriate circumstances, the Administration may also refer the matter to law enforcement officials for possible prosecution.

VII Confidentiality

Investigators of sexual harassment complaints shall be conducted in such a manner as to disclose information only to those with a need to know or those who may have information pertinent to the investigation. The Chicopee Public Schools shall endeavor to keep such information as confidential as it can without compromising the thoroughness of the investigation.

VIII No Retaliation For Filing A Complaint Or Cooperating With An Investigation

No employee or student shall be retaliated or discriminated against in any way for making a complaint of sexual harassment or for cooperating in the investigation of such a complaint.

IX Identity Of State And Federal Authorities

The Massachusetts Commission Against Discrimination (MCAD) enforces the state law prohibiting sexual harassment. The MCAD can be reached as follows, if you wish to file a formal complaint with them:

Massachusetts Commission Against Discrimination

436 Dwight Street, Suite 220

Springfield, MA 01104

Telephone (413) 739-2145

Massachusetts Commission Against Discrimination

One Ashburton Place, Room 60l

Boston, MA 02108-1532

Telephone (6l7) 727-3990

The Equal Employment Opportunity Commission (EEOC) enforces the federal law prohibiting sexual harassment. The EEOC can be reached as follows, if you which to file a formal complaint with them:

Equal Employment

Opportunity Commission

One Congress Street, Room 1001

Boston, MA 02114

Telephone (6l7) 565-3200

Equal Employment

Opportunity Commission

1801 L. Street, NW

Washington, DC 20507

Telephone (202)663-4900