SEXUAL HARASSMENT

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SEXUAL HARASSMENT

• RECOGNITION AND PREVENTION
• Waxahachie Independent School District

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FORMS OF SEXUAL HARASSMENT

• Quid pro quo Sexual Harassment
• Occurs when a person in a position of authority
  over another (e.g. a supervisor) demands sexual
  favors in exchange for a concrete benefit, such
  as continued employment or a promotion.
• Hostile environment Sexual Harassment
• Occurs when one person subjects another to
  unwelcome sexual advances, request for sexual
  favors, and other verbal or physical conduct of
  sexual nature that are unsolicited and offensive
  to the victim.

Note Hostile environment outside of sexual
harassment can include verbal abuse, belittling,
degrading, and demeaning treatment of an
employee.
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EXAMPLES

• The manner in which you communicate with one
  employee may be offensive to another employee
  present.
• What is funny to you and another co-worker may be
  offensive to someone else.
• Inappropriate looking, checking someone out.
• Inappropriate comments, vulgar language and
  sexual innuendoes.
• Touching of any kind.
• Sending pornographic pictures or messages via
  email or viewing pornographic or other
  inappropriate material on the Web.

WARNING Allegations of inappropriate use of
District property will be investigated via the
WISD mainframe. WARNING Human Resources will
lock access to your WISD email and investigate
any suspicion or allegations of this sort.
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DISTRICT ON SEXUAL HARASSMENT

• WISD forbids employees from engaging in conduct
  that constitutes sexual harassment of other
  employees or students.
• WISD encourages employees to report allegations
  and or suspicion of sexual harassment in the work
  place.
• WISD exercises reasonable care to prevent and
  correct this type of behavior.
• WISD will take measures in addressing this type
  of behavior.

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WISD BOARD POLICY

• Employee Standards of Conduct
  and Responsibility to Report
• DIA (local)
• DIA (legal)
• DH (local)
• FB (local)
• Online Board Policy
• http//www.tasb.org/policy/pol/private/070912/

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LAWS ADDRESSING SEXUAL HARASSMENT

• Title VII refers to Title VII of the Civil Rights
  Act of 1964. Prohibits discrimination in
  employment on the basis of race, color, religion,
  sex and national origin.
• Sexual harassment is a form of sex discrimination
  in employment for purpose of the statute.

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LEGISLATIVE CHANGES

• TEXAS CRIMINAL LAW 21.12
• IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND
  STUDENT (a) An employee of a public or private
  primary or secondary school commits and offense
  if the employee engages in sexual contact, sexual
  intercourse, or deviate sexual intercourse with
  a person who is enrolled in a public or private
  primary or secondary school at which the employee
  works and who is not the employees spouse. (b)
  An offense under this section is a felony of
  second degree. (c) If conduct constituting an
  offense under this section also constitutes an
  offense under another section of this code, the
  actor may be prosecuted under either section or
  both sections.

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EMPLOYEE TO EMPLOYEE

• Unwelcome sexual advances, requests for sexual
  favors and other verbal or physical conduct of a
  sexual nature constitute sexual harassment when
• The terms or condition of an individuals
  employment may be affected.
• Used as a basis for employment decisions
  affecting the individual.
• Conduct has the purpose or affect of
  unreasonably interfering with work
  performance.
• Creating an intimidating, hostile, or
  offensive environment

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EMPLOYEE TO STUDENT

• Engaging in sexually oriented conversations
• Corresponding by telephone, email, letters, etc.,
  with students for purposes of soliciting a
  romantic relationship
• Physical contact reasonably construed as sexual
  in nature
• Threatening students to engage in sexual behavior
  in exchange for grades or other school-related
  benefit

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COMPLAINT PROCESS

• Reference District Policy that addresses Sexual
  Harassment.
• Follow District Procedures for reporting Sexual
  Harassment.
• An investigation of complaint will be conducted
  at the Campus or District Level depending on the
  allegations.
• Prompt remedial action will be taken if the claim
  is substantiated.
• Addressed according to findings of investigation.
• May include suspension, reassignment, reprimand,
  recommendation for termination of employment
  and/or arrest by law enforcement if criminal in
  nature.

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FOR INFORMATION ASSISTANCE

• For more information and assistance, please
  contact Rick Rodriguez, Executive Director of
  Human Resources, at [phone] ext 111.