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ACA Sexual Harassment The A. Definitions 1. Conduct
of a Sexual Nature Conduct of a sexual nature may
include, but is not limited to, verbal or physical sexual advances, including
subtle pressure for sexual activity, touching, pinching, patting, or brushing
against; comments regarding physical or personality characteristics of a
sexual nature; sexually oriented kidding,
teasing, double-entendres,
objectionable jokes, and any harassing conduct to which an employee, student,
or guest would not be subjected but for such individual's sex. 2. Unwelcome
Conduct of a Sexual Nature a. Verbal or physical conduct of a sexual
nature may constitute sexual harassment when the allegedly harassed employee
has indicated, by his or her conduct, that it is unwelcome. b. An employee who has initially welcomed
such conduct by active participation must give specific notice to the alleged
harasser that such conduct is no longer welcome in order for any such
subsequent conduct to be deemed unwelcome. c. The B. Prohibitions 1. General
Prohibitions For the purposes of this policy,
unwelcome sexual advances or requests for sexual favors, and other unwelcome
conduct of a sexual nature constitute prohibited sexual harassment if: a. submission to the conduct is made either
an explicit or implicit condition of employment, or award of grades or other
measures of student achievement; b. submission to or rejection of the conduct
is used as a basis for an employment decision affecting the harassed employee
or any decision affecting a student; or c. the
conduct substantially interferes with an employee's or student's performance,
or creates an intimidating, hostile, or offensive work or school environment. 2. Specific
Prohibitions a. Administrators and Supervisors 1) It is sexual harassment for a manager
or supervisor to use his or her authority to solicit sexual favors or
attention from subordinates, when the subordinate's failure to submit will
result in adverse treatment, or when the subordinate's acquiescence will
result in preferential treatment. 2) It is sexual harassment for a manager or
supervisor to subject another manager or supervisor to any unwelcome conduct
of a sexual nature. 3) Administrators and supervisors who either
engage in sexual harassment or tolerate such conduct by other employees shall
be subject to sanctions, as described below. b. Non-managerial and Non-supervisory
Employees 1) It is sexual harassment for a
non-administrative and non-supervisory employee to subject another such
employee to any unwelcome conduct of a sexual nature. Employees who engage in such conduct shall
be subject to sanctions as described below. 2) It is sexual harassment for an employee
to subject any other person to any unwelcome conduct of a sexual nature. Employees who engage in such conduct shall
be subject to sanctions as described below. c. Adult Employee or Volunteer 1) It is sexual harassment for an adult to
use his or her authority to solicit sexual favors or attention from students,
when the student’s failure to submit will result in adverse treatment, or
when the subordinate’s acquiescence will result in preferential
treatment. 2) It is sexual harassment to subject a
student to any unwelcome conduct of sexual nature. Employees or volunteers who engage in such
conduct shall be subject to sanctions as described below. 3) It is sexual harassment for an employee
to subject any other person to any unwelcome conduct of a sexual nature. Employees who engage in such conduct shall
be subject to sanctions as described below. d. Student 1) It is sexual harassment for students to
subject any other student to any unwelcome conduct of a sexual nature. Students who engage in such conduct shall
be subject to sanctions under student disciplinary procedures. 2) It is sexual harassment for a student to
subject any other person to any unwelcome conduct of a sexual nature. Students who engage in such conduct shall
be subject to sanctions under student disciplinary procedures. C. Reporting,
Investigation, and Sanctions 1. It is the express policy of the Board to
encourage victims of sexual harassment to report such claims. This may be done through the Title IX
Grievance Procedure (Policy AC-R) or by reporting such matters to the Superintendent
or Assistant Superintendent. It is
required for any non-victim that is aware of sexual harassment to report this
incident to the Superintendent or Assistant Superintendent. a. Employees who feel that their superiors
are conditioning promotions, increases in wages, continuation of employment,
or other terms or conditions of employment upon agreement to unwelcome
conduct of a sexual nature, are encouraged to report these conditions to the
appropriate administrator. If the
employee's direct administrator or supervisor is the offending person, the
report shall be made to the next higher level of authority. b. Employees are also urged to report any
unwelcome conduct of a sexual nature by superiors or fellow employees if such
conduct interferes with the individual's work performance, or creates a
hostile or offensive working environment. c. Confidentiality will be maintained and no
reprisals or retaliation will be allowed to occur as a result of the
good-faith reporting of charges of sexual harassment. d. Students are urged to report any conduct
of a sexual nature by school employees or others to whom this policy applies
to a school counselor or administrator. 2. In determining whether alleged conduct
constitutes sexual harassment, the totality of the circumstances, the nature
of the conduct and the context in which the alleged conduct occurred will be
investigated. The Superintendent or
the Board has the responsibility of investigating and resolving complaints of
sexual harassment.
Adoption Date: Amended: Reviewed/Approved:
Administrative
Rules ED 303.01 (j), 1-9 The complainant may appeal
the investigation recommendations to the Superintendent (presuming the
Superintendent is not the investigator), or to the Board. The results of the investigation
of each complaint filed under these procedures will be reported in writing to
the complainant by the Reprisal.
The 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 Commissioner of Education, initiating
civil action or seeking redress under state criminal statutes and/or federal
law. Sexual
Harassment or Sexual Violence as Sexual Abuse.
Under certain circumstances,
sexual harassment or sexual violence may constitute sexual abuse under By-Pass
of Policy. Any individual with a
sexual harassment complaint may choose to by-pass this Policy and
accompanying regulation and proceed directly to: NH Commission on Human Rights, |
