FILE: GAEAA
TITLE VII PERSONNEL SEXUAL HARASSMENT
It shall be the policy of the Plaquemines Parish School Board that any form of sexual harassment is expressly prohibited. Any employee found to have engaged in sexual harassment will be subject to immediate disciplinary action, up to and including discharge from employment when warranted.
SEXUAL HARASSMENT DEFINED
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment, as defined above, may include, but is not limited to the following:
verbal harassment or abuse;
pressure for sexual activity;
repeated remarks to person, with sexual or demeaning implications;
unwelcome touching;
suggested or demanding sexual involvement accompanied by implied or explicit threats concerning one's job.
INVESTIGATION AND RECOMMENDATION
Employees who believe they have suffered sexual harassment, or any third person with knowledge or belief of conduct which may constitute sexual harassment, shall report such matters to the Director of Personnel, who shall be the complaint officer for sexual harassment complaints.
Complaints reported to a complaint officer shall be handled by the complaint officer in a timely and confidential manner. Information arising out of an investigation of sexual harassment shall be confidential, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation.
It shall be the responsibility of the complaint officer to promptly investigate claims of sexual harassment and determine their validity using an informal process. In conjunction with the procedures outlined in policy GAMC, Investigations, the investigation shall also include 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, as well as a review of related charges, if any, personnel files, work records and other pertinent information.
Upon receipt of the report by the Superintendent which includes a determination that a complaint is valid, he/she the Superintendent shall take such action as appropriate based on the results of the investigation, which may include disciplinary action up to and including, but not be limited to, suspension with or without pay, demotion, or termination of employment.
If, based on the results of the investigation, the claim of sexual harassment is found to be intentionally false, the Superintendent shall take such action as appropriate against the complainant, which may include, but not be limited to, suspension with or without pay, demotion, or termination.
Any employee shall have the right to pursue a claim of sexual harassment under state or federal law, regardless of the outcome of the School Board’s investigation.
PROCEDURES
The following steps should be taken in the matter of handling a complaint about sexual harassment:
| Step 1. |
Any complaint will be presented in writing to the complaint officer. The written complaint should include the specific nature of the harassment and corresponding dates and also include the name, address, and phone number of the complainant. If the complaint officer determines there is ground for investigation, he/she shall conduct an investigation of the matter.
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| Step 2. |
The complaint officer shall thoroughly investigate the complaint, notify the person who has been accused of harassment, and permit a response to the allegation and arrange a meeting to discuss the complaint with all concerned parties within five (5) working days after receipt of the written complaint. The complaint officer will give a written answer to the Superintendent within ten (10) working days after the receipt of the written complaint.
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| Step 3. |
The Superintendent shall render a decision as to what action, if any, shall be taken against the employee who has been accused of harassment. He/she shall send a written decision to the complainant and the employee accused of harassment within fifteen (15) working days after the receipt of the written complaint.
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| Step 4. |
The School Board will, within thirty (30) days of receipt of appeal, conduct a hearing at which both parties will be given an opportunity to present and/or answer the complaint. The School Board will give a written answer to the complaint within fifteen (15) working days following completion of the hearing. |
RETALIATION PROHIBITED
The School Board shall discipline any individual who retaliates against any person who reports alleged sexual or gender harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual or gender harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment at the time of a report or any time after a report.
NON-HARASSMENT
The School Board recognizes that not every advance or conduct of a 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. Deliberate false accusations of sexual harassment can have a serious detrimental effect on innocent parties and subject the accuser to disciplinary actions.
SEXUAL HARASSMENT AS SEXUAL ABUSE OR CRIMINAL ACTIVITY
Under certain circumstances, sexual harassment of a student may constitute sexual abuse under the Louisiana Children's Code. In such situations, School Board personnel become mandatory reporters and shall comply with Article 609(A) of the Louisiana Children's Code and directly report the sexual abuse to the Child Protection Unit of the Louisiana Department of Social Services. Also, activity of a criminal nature should be reported by the victim to the police.
DISCIPLINE
Any action taken pursuant to this policy shall be consistent with requirements of applicable statutes and School Board policies. The School Board and Superintendent shall take such disciplinary action for employees and non-employee volunteers it deems necessary and appropriate, including reprimand, transfer, probation, suspension or immediate discharge to end sexual harassment and prevent its recurrence.
NOTIFICATION/TRAINING
Copies of this policy shall be circulated to all schools and departments of the Plaquemines Parish School Board and placed on the School Board’s website. Training sessions on the provisions of this policy and the prevention of sexual harassment shall be held in all schools on an annual basis. Training sessions for new non-teaching employees shall be conducted annually. Supervisors and other persons designated to accept or investigate complaints of sexual harassment in the workplace shall receive additional education and training.
Employees shall be apprised of applicable federal and state law on sexual harassment, including the right of the complainant to pursue a claim under state or federal law, regardless of the outcome of the investigation.
| Revised: February, 1997 | Adopted: November 1, 2010 |
| Revised: April, 2010 | Revised: August 17, 2020 |
Ref: 20 USC 1681 (Title IX of the Education Amendments of 1972)
42 USC Chapter 21 (Civil Rights)
42 USC 2000e (Civil Rights - Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex - Sexual Harassment)
34 CFR 100.6 et seq. (Title VI of the Civil Rights Act of 1964)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 14:81.4, 17:81, 23:301, 23:302, 23:303, 23:332, 42:345
La. Civil Code, Art. 2315
Board minutes, 3-4-91, 1-13-97, 8-17-20
Plaquemines Parish School Board