403.07 - Sexual Harassment

Sexual harassment will not be tolerated in the school district by the board in matters over which it has jurisdiction.  Sexual harassment by board members, administrators, licensed and support personnel, students, vendors, and any others having business or other contact with the school district is prohibited.  Persons found in violation of this policy will be subject to discipline, including, but not limited to reprimand, probation, demotion, suspension, or termination, or other sanction as determined appropriate by the board.

The definition of sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development; or,
• submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or,
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

Any member of the school community who believes that he or she has been subjected to sexual harassment shall report the incident(s) to the Affirmative Action Coordinator, who shall be the grievance officer for sexual harassment complaints.  In the event that the grievance officer becomes a party to a sexual harassment complaint, a designated alternate grievance officer shall assume this responsibility.

The grievance officer receiving the complaints shall attempt to resolve the problem in an informal manner through the following interviewing process:

1. The grievance officer shall confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts.
2. The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.
3. The grievance officer may hold as many meetings with the parties as is necessary to gather facts.
4. On the basis of the grievance officer’s perception of the situation, he or she may:

(1)  Attempt to resolve the matter informally through conciliation.

(2)  Report the incident and transfer the record to the superintendent, and so notify the parties by certified mail.

After reviewing the record made before the grievance officer, the superintendent may attempt to gather any more evidence necessary to decide the case, and thereafter impose any sanctions deemed inappropriate, including a recommendation to the board for termination or expulsion.

All matters involving sexual harassment complaints shall remain confidential to the extent possible.

 

 

Legal Reference:  42 U.S.C. §2000e et seq.
                                      29 C.F.R. 1604.11.
                                      Iowa Code Chapter 601A (1991).
                                      240 Iowa Admin. Code 3.

Cross Reference:  401.2    Equal Employment Opportunity
                                      401.5    General Personnel Complaints
                                      404       General Personnel Conduct and Appearance

Approved:  3-31-92              
Reviewed:  9-12-22              
Revised: