Uinta County School District #1

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Series A - FOUNDATIONS AND BASIC COMMENTS » ACAA DISCRIMINATION AND/OR HARASSMENT POLICY: TO INCLUDE SEXUAL, RACIAL, AGE, NATIONAL ORIGIN AND RELIGIOUS POLICY

ACAA DISCRIMINATION AND/OR HARASSMENT POLICY: TO INCLUDE SEXUAL, RACIAL, AGE, NATIONAL ORIGIN AND RELIGIOUS POLICY

Adoption Date: 3/8/1994, Revised: 11/13/2012
A - FOUNDATIONS AND BASIC COMMENTS
 

Sexual Harassment is a form of sex discrimination, which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, and the Wyoming Fair Employment Practice Act of 1965.

Uinta County School District Number One neither condones nor tolerates discrimination and/or harassment of students, employees, parents, or applicants on the basis of race, color, religion, national origin, sex, age, disability, genetic information, sexual orientation, gender identity, status as a parent, marital status, or political affiliation.The district is committed to providing in each school a safe, orderly environment where students, staff, parents, and the public using its facilities are treated with courtesy and respect. Employees who engage in conduct which is discriminatory and/or harassing or who contributes to a hostile, oppressive, intimidating or offensive work environment will be subject to investigative and disciplinary procedures, which may include but is not limited to, suspension or expulsion of students and suspension or termination of employment.

The district will act promptly, visibly, and vigorously to investigate all complaints, either formal or informal, verbal or written, of sexual, racial, age, national origin or religious discrimination and/or harassment and to discipline any student or employee who discriminates against and/or harasses a student, employee or applicant of the district.

Purpose

The purpose of the Uinta County School District Number One’s Discrimination and/or Harassment Policy and Procedure for Schools is to assure a working and learning environment that is free from discrimination and/or harassment, and is in compliance with state and federal law.

Sexual Discrimination and/or Harassment Definition

For the purposes of this policy, sexual discrimination and/or harassment is defined as, but not limited to, unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct or gestures of a sexual nature. Sexual harassment may include: verbal harassment, including epithets, derogatory comments or slurs, physical harassment, physical interference with movement or work, or visual harassment such as derogatory cartoon, drawings or posters.

Sexual discrimination and/or harassment are prohibited against members of the same sex as well as against members of the opposite sex. Sexual harassment may occur between persons of the opposite or same sex. Both males and females can be either the victims or the offenders.

Specifically, sexual discrimination and/or harassment include unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature which:

  1. Is made an employment condition so that submission to the conduct is explicitly or implicitly made a term or condition of employment or a condition of an individual grade in a course or status in an activity.
  2. Is an employment consequence so that submission to or rejection of such conduct is used as a basis for any decisions affecting an individual student, employee or applicant regarding benefits and services, honors, programs, or activities available at or through the district.
  3. Is an offensive act or job interference so that such conduct has the purpose or effect of unreasonably interfering with a student's or employee's work performance or creating an intimidating, humiliating, hostile or offensive work or educational environment.
  4. Is an offensive act or verbal communication by one student or employee toward another student or employee not welcomed by the student or employee to who directed.

Examples

By way of example, sexual discrimination and/or harassment includes, but is not limited to:

  1. Suggestive or obscene letters, notes, invitations; derogatory comments, slurs, jokes, epithets; assault, unwanted touching, impeding or blocking movement; leering, gestures, display of sexually suggestive objects, pictures or cartoons.
  2. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
  3. Coercive sexual behavior used to control, influence, or affect the career, salary, or work environment of another employee, such as threats of reprisal; implying or withholding support for an appointment, promotion, transfer, or change of assignment; suggesting a poor performance report will be prepared; or suggestion probation will be failed.
  4. Coercive sexual behavior used to control, influence, or affect the educational opportunities, grades, or learning environment of a student, including promises or threats regarding grades, course admission, performance evaluations, or recommendations; enhancement or limitation of student benefits or services (e.g. scholarships, financial aid, work study jobs.)
  5. Offering favors or benefits, such as a promotion, favorable performance evaluation, favorable grades, assignments, duties or shifts, recommendations or reclassification, in exchange for sexual favors.
  6. The deliberate or careless creation of an atmosphere of sexual harassment or intimidation, or a hostile or offensive working or educational environment.
  7. Any other conduct which, at the time of the incident, is deemed by state or federal law or its implementing regulations to constitute sexual discrimination and/or harassment.

Racial, Age, or National Origin Discrimination and/or Harassment Definition

Racial, age, or national origin discrimination and/or harassment consist of physical or verbal conduct relating to an individual's race, age, or national origin when the conduct:

  1. Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment.
  2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
  3. Otherwise adversely affects an individual's employment or academic opportunities.

Religious Discrimination and/or Harassment Definition

Religious discrimination and/or harassment consist of physical or verbal conduct which is related to an individual's religion when the conduct:

  1. Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment.
  2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
  3. Otherwise adversely affects an individual's employment or academic opportunities.

What To Do If You Are Discriminated Against and/or Harassed

  1. If you believe you are being discriminated against and/or harassed on the basis of your sex, race, age, national origin or religion, you should consider telling the person that you do not like what is happening and you want it stopped. In many cases your clear statement that you want something stopped will be enough to take care of the situation. You are not required, however, to confront the person in this way.
  2. You have the right and are encouraged to report the problem immediately to any teacher, counselor, administrator, or other staff member at your school. You should not feel embarrassed, intimidated, or reluctant to file a discrimination and/or harassment report. You will not be subject to retaliation or "put on trial" for doing so.

How To Report Discrimination and/or Harassment

  1. Anyone (student, staff member, parent, volunteer) who is a victim of discrimination and/or harassment, or who has personal knowledge of such discrimination and/or harassment taking place, is encouraged to report the problem immediately to any teacher, counselor, administrator, or other staff member at the school. It is the responsibility of all staff member who have received information, allegations, or even rumors about discrimination and/or harassment, to report the problem immediately to the principal.
  2. Principals shall report every allegation of discrimination and/or harassment immediately to the parents of any students involved. Before conducting investigative interviews with students, principals shall give parents notice of their right to be present. Parents must be kept informed of the progress of any investigation.
  3. Principals shall report every allegation of discrimination and/or harassment among employees or between employees and students immediately to the Superintendent. Discrimination and/or harassment among students should be handled at the school, unless there is a specific reason for referring the matter to the Superintendent or a need to consider expulsion of or alternative placement of the student.
  4. When the type of sexual harassment constitutes child abuse, the principal must follow reporting requirement of district child abuse policy and state child abuse laws.

Investigation

  1. Any principal who receives information, allegations, or rumors about discrimination and/or harassment shall take immediate action to see that the case is properly investigated and resolved. The goal of each investigation shall be to determine the facts about what happened, and to achieve a prompt and equitable resolution of the problem.
  2. In the process of investigation, all reports of discrimination and/or harassment must be documented in writing, including signed statements from those who submit discrimination and/or harassment reports and from those who are interviewed in the investigation. Documentation is to be thorough and factual, including detailed evidence and information about all alleged incidents, (date, time, place, actions observed, quotes, witnesses, etc.).
  3. High standards of fairness must be observed in conducting the investigation, to protect the rights and interests of both the alleged victim and the alleged harasser.

Corrective Action

  1. Once the facts in the case have been determined, the principal shall make a concentrated effort to resolve the case. Final resolution may include, but shall not be limited to:
  2. Appropriate corrective action or discipline against violators of the sexual, racial, age, national origin or religious discrimination and/or harassment policy,
  3. Agreement among the parties which resolves the issues, or
  4. Determination that discrimination and/or harassment did not occur.
  5. Substantiated charges of discrimination and/or harassment against a student shall subject the student to corrective action or discipline consistent with district discipline codes, including the possibility of expulsion, suspension, or alternative placement.
  6. Substantiated charges of discrimination and/or harassment against an employee shall subject the employee to corrective action or discipline consistent with district employee policies, including the possibility of suspension or dismissal.
  7. Students or employees who file frivolous, unfounded, or malicious discrimination and/or harassment reports shall subject themselves to corrective action or discipline consistent with school and district policy.

Right to Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the appropriate State or Federal Agency, initiating civil action or seeking redress under state criminal statutes and/or federal law.

Confidentiality

Discrimination and/or harassment reports shall be investigated and handled as discreetly as possible. The right to confidentiality (for the alleged victim, the alleged harasser, witnesses, and others) must be respected, consistent with fairness, due process, and the school's legal obligation to investigate and take action when warranted. All persons involved shall refrain from discussing the case with anyone, except those who have a legitimate need or right to know. Nothing contained herein shall be construed as a prohibition against the use of any information so gathered in a hearing or any other action regarding a complaint of discrimination and/or harassment under this policy.

Reprisals/Retaliation

Reprisals or retaliatory action of any kind are strictly prohibited against any person who has filed a report of discrimination and/or harassment, testified as a witness, assisted, or participated in any manner in any investigation or proceeding conducted under the policy. Reporting of discrimination and/or harassment, or participation in a discrimination and/or harassment inquiry, must not reflect in any way upon the individual's status, nor will it affect future grades, assignments, employment, etc.

 

Policy References:
W.S. 21.4-301, 21.4-303Policy Cross References:
 » AC - NONDISCRIMINATION STATEMENT
 » ACE - NONDISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY
 » GBA - EQUAL OPPORTUNITY EMPLOYMENT
 » IGBA - PROGRAMS FOR STUDENTS WITH DISABILITIES
 » JB - EQUAL EDUCATION OPPORTUNITIES