1. Purpose The Joint Operating Committee strives to provide a safe, positive working climate for its administrators




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CENTRAL MONTCO TECHNICAL HIGH SCHOOL



No. 348

SECTION: ADMINISTRATORS


TITLE: UNLAWFUL HARASSMENT
ADOPTED: June 11, 2002
REVISED:














348. UNLAWFUL HARASSMENT


1. Purpose


The Joint Operating Committee strives to provide a safe, positive working climate for its administrators. Therefore, it is the policy of the school to maintain an employment environment in which harassment in any form is not tolerated.


2. Authority

Sec. 703 of

Title VII of

Civil Rights Act

of 1964


The Joint Operating Committee prohibits all forms of unlawful harassment of administrators by all students and staff members, contracted individuals and vendors, and volunteers in the school. The Joint Operating Committee encourages administrators who have been harassed to promptly report such incidents to the designated administrators.


Sec. 5(a)

PHRC Act;

Title IX

of the 1972

Education

Amendments




The Joint Operating Committee directs that complaints of harassment shall be investigated promptly, and corrective action shall be taken when allegations are verified. Confidentiality of all parties shall be maintained, consistent with the school's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of harassment.


3. Definitions

OCR Guidelines on Sexual

Harassment,

Fed. Reg.

Vol. 62,

#49; PHRC

Guidelines; PA Bulletin Vol. II, #5 Policy Memo


The term harassment includes but is not limited to repeated, unwelcome and offensive slurs, jokes, or other verbal, graphic or physical conduct relating to an individual's race, color, religion, ancestry, sex, sexual orientation, national origin, age or handicap/disability that create an intimidating, hostile offensive working environment.


Ethnic harassment includes the repeated, unwelcome and offensive use of any derogatory word, phrase or action characterizing a given racial or ethnic group that creates an intimidating, hostile or offensive working environment.


OCR USDE

March 1997




Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature when:





1. Acceptance of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature is a term or condition of an individual's continued employment.






2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual.





3. Such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.





Examples of sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgar statements, abusive language, innuendoes, references to sexual activities, overt sexual conduct, or any conduct that has the effect of unreasonably interfering with a employee's ability to work or creates an intimidating, hostile or offensive learning or working environment.





The school shall annually inform students, staff, parents, independent contractors and volunteers that unlawful harassment of employees will not be tolerated.


4. Delegation of Responsibility


Each administrator shall be responsible to maintain a working environment free from all forms of unlawful harassment.





Each administrator shall be responsible to respect the rights of school staff and to ensure an atmosphere free from all forms of unlawful harassment.





The Director shall be designated to receive harassment complaints. If the Director is the subject of the complaint, the complainant shall report the complaint directly to the Superintendent of Record.


5. Guidelines


When an administrator believes that s/he is being harassed, the administrator should immediately inform the harasser that behavior is unwelcome, offensive or inappropriate. If the unwelcome, offensive or inappropriate behavior continues, the administrator shall follow the established complaint procedures.





Complaint Procedure





1. An administrator shall report a complaint of harassment, orally or in writing, to

the Director who shall inform the administrator of his/her rights and of the

complaint process.





2. The Director immediately shall notify the Superintendent of Record and shall conduct an impartial, thorough and confidential investigation of the alleged harassment.





In determining whether alleged conduct constitutes harassment, the totality of the circumstances, nature of the conduct, and context in which the alleged conduct occurred shall be investigated.





3. The Director shall prepare a written report summarizing the investigation and recommending disposition of the complaint. Copies of the report shall be provided to the complainant, the accused, the Superintendent of Record and

others directly involved, as appropriate.







4. If the investigation results in a substantiated charge of harassment, the school shall take prompt corrective action to ensure the harassment ceases and will not recur.





Discipline


Pol. 317 417, 517


A substantiated charge against an administrator shall subject such staff member to disciplinary action, including discharge.


Pol. 317, 417, 517


If it is concluded that an administrator has made false accusations, such administrator shall be subject to disciplinary action, including termination.





Appeal Procedure





1. If the complainant or accused is not satisfied with the Director’s decision, the individual may file a written appeal to the Superintendent of Record.





2. The Superintendent of Record shall review the initial investigation and report

and may also conduct a reasonable investigation. S/He shall prepare a written

response to the appeal. Copies of the response shall be provided to the

complainant, the accused, Director and others directly involved, as appropriate.












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