FILE: GAEAA
TITLE VII EMPLOYEE SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination which is prohibited by Federal and State law. It is the policy of the Catahoula Parish School Board to maintain a learning and working environment that is free from sexual harassment. This policy of the School Board specifically prohibits all forms of sexual harassment.
It shall be a violation of this policy for any employee, non-employee volunteer, or School Board member of the Catahoula Parish School Board to harass a student, an employee or non-employee volunteer through conduct or communication of a sexual nature as defined by this policy.
All managerial and supervisory personnel shall be responsible for enforcing Catahoula Parish School Board's sexual harassment policy. Failure to enforce this policy in a prompt and strict manner may subject such personnel to disciplinary action.
The School Board, through the Superintendent or designee, shall investigate all complaints, either formal or informal, verbal or written, of sexual harassment and discipline any employee or non-employee volunteer who sexually harasses a student, employee, or non-employee volunteer of the School Board.
DEFINITION
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 a basis for employment decisions affecting the 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 work environment.
Sexual harassment may include but is not limited to:
verbal harassment or abuse;
uninvited letters, telephone calls, or materials of a sexual nature;
inappropriate and uninvited leaning over, cornering, patting, or pinching;
uninvited sexually suggestive looks or gestures;
intentional brushing against an employee's body;
uninvited pressure for dates;
demanding sexual favors accompanied by implied or overt threats concerning an individual's employment, or promotion;
uninvited sexual teasing, jokes, remarks, or questions;
demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or promotion;
any sexually motivated unwelcome touching; or
attempted or actual rape or sexual assault.
REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment by an employee or non-employee volunteer of the Catahoula Parish School Board, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to an appropriate School Board employee as designated by this policy. If criminal activity is involved, a victim should also report the incident to the police. The School Board encourages the reporting party or complainant to use the report form available in the administrative office of each building or available at the School Board's central office.
In Each School. The principal is to designate the personnel to receive oral or written reports of sexual harassment at the school level. The principal, assistant principal and counselor shall be designated and others if necessary to provide both male and female representatives. Upon receipt of a report involving an employee or non-employee volunteer, the principal or counselor must notify the Superintendent and the principal. If the report was given verbally, the principal or counselor shall reduce it to written form within 24 hours and forward it to the Superintendent. Failure to forward any sexual harassment report or complaint as provided herein shall result in disciplinary action. Complaints may also be filed directly with the Superintendent.
Other Sites. The persons designated by the Superintendent at each administrative, support or maintenance site are responsible for receiving oral or written reports. Upon receipt of a report, the designated person shall follow the procedure outlined in paragraph 1 above, and notify the Superintendent.
System-Wide. The Catahoula Parish School Board hereby designates the Superintendent to receive reports or complaints of sexual harassment from any individual, employee or victim of sexual harassment and also from the building administrators or designated persons as outlined above.
Notice of Policy. Each principal or other person in charge of a building or site owned or operated by the Catahoula Parish School Board shall conspicuously post in each building or site the names of the persons designated to receive complaints and the name of the Superintendent, including a mailing address and telephone number, together with a copy of this policy.
Submission of a complaint or report of sexual harassment shall not affect the individual's future employment, promotion, grades, or work assignments.
Use of formal reporting form is not mandatory.
The School Board shall respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School Board's legal obligations and the necessity to investigate allegations of harassment and take corrective or disciplinary action when the conduct has occurred.
INVESTIGATION AND RECOMMENDATION
By authority of the Catahoula Parish School Board, the Superintendent, upon receipt of a report or complaint alleging sexual harassment by an employee or non-employee volunteer, shall immediately authorize an investigation. This investigation may be conducted by School Board employees or by a third party 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.
The investigation shall 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. The investigation may also consist of any other methods and documents deemed pertinent by the investigator or the Superintendent.
In determining whether alleged conduct constitutes sexual harassment, the Superintendent should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred.
The Superintendent may utilize informal procedures to handle complaints when the harasser agrees to a penalty and apologizes to the victim.
The Superintendent or designee shall make a report upon completion of the investigation involving an employee or non-employee volunteer. The report may include a finding that the complaint was unfounded, informally resolved, or a recommendation to the Catahoula School Board for disciplinary action. No record of an unfounded or unsubstantiated complaint shall be filed in an employees' personnel file.
ACTIONS
Upon receipt of a recommendation that a complaint is valid involving an employee or non-employee volunteer, which has not been informally resolved, the Superintendent shall take such action as appropriate based on the results of the investigation which may include but not be limited to, suspension with or without pay, demotion, or termination.
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, 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.
The result of the investigation of each complaint filed under these procedures involving an employee or non-employee volunteer shall be reported in writing to the complainant and the alleged harasser by the Superintendent. The report shall document any action taken as a result of the complaint.
RETALIATION PROHIBITED
The School Board will discipline any individual who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual 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 determination based on all the facts and surrounding circumstances. False accusations of sexual harassment can have a serious detrimental effect on innocent parties.
RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include School Board policy GAE, Non-Title IX Complaints and Grievances, filing charges with the Equal Employment Opportunity Commission, the Office for Civil Rights, initiating civil action or seeking redress under state criminal statutes and/or Federal law.
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 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.
NOTIFICATION/TRAINING
Copies of this policy shall be circulated to all schools and departments of the Catahoula 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: May 7, 2019
Revised: January 7, 2020
Revised: December 1, 2020
Ref: 42 USC Chapter 21 (Civil Rights)
42 USC 2000e (Civil Rights - Definitions)
29 CFR 1604.11(Guidelines on Discrimination Because of Sex - Sexual Harassment)
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, 23:967, 42:341, 42:342, 42:343, 42:344, 42:345
La. Civil Code, Art. 2315
Board minutes, 5-7-19, 1-7-20, 12-1-20
Catahoula Parish School Board