Discrimination and Sexual Harassment
South Sanpete School District seeks to provide a school and work environment free from discrimination and sexual harassment. In so doing the District shall not discriminate based upon sex sexual orientation, gender identity, race, color, ethnic background, religion, creed, age, citizenship, or disability. Employees and students are expected to conduct themselves at all times so as to provide an atmosphere free from discrimination and sexual harassment. Any person who engages in discrimination or sexual harassment while acting as a member of the school community will be in violation of this policy and is subject to appropriate disciplinary action. The Board has appointed and hereby notified all concerned that the Superintendent of the District or the Board’s designee will serve as the complaint officer.
Nursing Mothers in the Workplace
The District may not refuse to hire, promote, discharge, demote, or terminate an individual, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against an individual otherwise qualified because the individual breastfeeds or expresses milk in the workplace.
Utah Code § 34-49-204 (2015)
Discrimination, harassment, and retaliation are prohibited by Titles IV, VI and VII of the 1964 Civil Rights Act.
- Discrimination: This is conduct, including words or gestures and other actions, which illegally disadvantages persons based upon sex, race, color, ethnic background, religion, creed, age, citizenship, or disability; or behavior which substantially lowers the status, dignity or standing of another individual or which insults or otherwise belittles or shows contempt for anotherindividual.
- Retaliation: This is any form of sanction or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination complaint in either a formal or informal manner with the District, or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination or harassmentcomplaint.
- Sexual Harassment: This is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a nature which may constitute sexual harassmentwhere:
- Submission to such conduct is made either explicitly or implicitly, a term of 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 educational decisions affecting such person(s);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 educationalenvironment.
- Nature of Sexual Harassment: The following examples of conduct which may constitute sexual harassment and would therefore be prohibited include, but are not limited to thefollowing:
- Unwanted sexual advances, including propositioning when it is clear that the person is not interested;or
- Explicitly or implicitly offering employment, advancement, or educational benefits in exchange for sexual favors;or
- Making derogatory or offensive sexual comments, jokes, epithets, slurs, or making sexual remarks about another’s or one’s own body;or
- Displaying sexually suggestive pictures, cartoons, photographs, posters, objects, or such items contained in E Mails;or
- Making sexual gestures, inappropriate or unwelcome touching, physical contact or restriction ofmovement.
- Disability: Any qualified person with a disability shall not, solely on the basis of disability, be subject to discrimination in employment in any of the District’s operations so long as any part of its programs and activities receive federal financial assistance.
“Individual with a disability” means any person who has a record of, is regarded as having, or has a physical or mental impairment that substantially limits one or more of life’s major activities. A “qualified individual with a disability” is a person with a disability who can perform the essential functions of the position in question, with or without reasonable accommodation. Employees or prospective employees have the responsibility of notifying the District personnel office of the need for reasonable accommodations on account of a disability.
Policy and Procedure:
- Any form of discrimination or sexual harassment shall not be tolerated. Violators shall be subject to disciplinary action, which may include suspension, expulsion, termination and/or referral to legal authorities forprosecution.
- Administrators or supervisors who become aware of discrimination or sexual harassment or who may receive a complaint of such shall take immediate action to properly investigate and resolve each case. Failure to do so will subject the administrator or supervisor to disciplinaryaction.
- Persons who file frivolous, unfounded, retaliatory or malicious complaints will subject themselves to disciplinaryaction.
- If an investigation reveals that the accusations are frivolous, unfounded, retaliatory, or malicious in nature, this information shall be documented, all parties notified, and the investigation shall beterm
Any student or employee who believes he/she has been the victim of discrimination or sexual harassment, or any third person with knowledge or belief of conduct which may constitute discrimination or sexual harassment shall verbally notify the principal or direct supervisor and submit a written report of the alleged acts. In filing the written complaint, the District encourages the complainant to use form GAC-1 of this policy.
- The building principal is the person responsible for receiving the oral as well as the written report at the building level unless he/she is allegedly involved, then the report shall be received by the Superintendent or his/her designee. Upon receipt of the written report, the principal shall notify the Superintendent or his/her designee immediately. To the extent feasible and practical, investigations will be handled by a local supervisor or administrator at the school or locations involved.
- Upon receipt of a written complaint the principal/District designee will initiate an investigation into the complaint within forty-eighthours.
- Each complaint shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent practical and appropriate under the circumstances. Same-sex investigators shall be provided uponrequest.
- The building principal or District designee shall communicate his/her findings in writing to the complainant and the alleged perpetrator as expeditiously as possible.
- Results may be indeterminate. If so, the matter will be recorded as unresolved and the record will be maintained by the District separate and apart from the personnel file.
- All records and information relating to complaints and investigations shall be maintained in a separate file at the DistrictOffice.
- Nothing in this policy shall prohibit a person from pursing legal action as the law mayprovide.
- Once the facts in a case have been determined, the District designee(s) shall make a concentrated effort to resolve the case at the lowest possible level. Final resolution may include, but shall not be limitedto:
- Appropriate corrective action or discipline against theviolator(s);
- An agreement among the parties which resolves the issue(s);or
- Determination that the discrimination or sexual harassment did not occur.
- Substantiated charges of discrimination or sexual harassment against an employee or student shall subject the employee or student to corrective action or discipline, including the possibility of suspension, expulsion, termination, or further legal action.
- Employees or students who file frivolous, unfounded, or malicious reports shall subject themselves to corrective action or discipline including the possibility of suspension ortermination.
- Under certain circumstances, sexual harassment constitutes unlawful sexual discrimination for which the victim may seek legal redress under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Some types of sexual harassment or discrimination may also constituteactionable conduct under state civil tort law and/or criminal conduct under the state criminal justice code.
- Reprisal of any kind is strictly prohibited against any person who has filed complaint, testified as a witness, assisted, or participated in any manner inany complaint, or participated in any manner in any investigation, proceeding, or hearing conducted under thispolicy.
- Persons found guilty of an act of reprisal toward the complainant, witnesses, or any others involved in a complaint or investigation shall subject themselves to disciplinaryaction.
- Disciplinary action for reprisals may include verbal warning, written reprimand, suspension, and/or dismissal. Circumstances may also warrant referral for criminalprosecution.
Notification and Enforcement:
- Each administrator/supervisor has the responsibility of maintaining a work or learning environment free of discrimination and sexual harassment. Administrators/supervisors shall take appropriate actions annually to reinforce and communicate this policy through thefollowing:
- Notifying employees and students about discrimination and sexual harassment;
- Posting the policy in any school or District publication that sets forth the school or District’s comprehensive rules, regulations, procedures, and standards ofconduct;
- Displaying this policy in a prominent location at each school site;and
- Taking appropriate disciplinary action as needed when violationsoccur.
Records of all discrimination or sexual harassment complaints shall be maintained by the Superintendent or his/her designee as required by law and regulation. The records will be kept in a separate and confidential file as required by GRAMA. Information gathered, developed and documented in the investigation will be regarded as a protected record.