GBN - Sexual Harassment

Code: GBN
Adopted: 8/13/97
 

Sexual harassment of employees will not be tolerated in the district.  District includes district facilities, district premises and non-district property if the employee is at any district-sponsored, district-approved or district-related activity or function, such as field trips or athletic events where students are under the control of the district or where the employee is engaged in district business.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  • The employee’s submission to the conduct or communication is made a term or condition of employment;
  • The employee’s submission to, or rejection of, the conduct or communication is the basis for decisions affecting employment and assignment;
  • The conduct or communication has the purpose or effect of substantially interfering with an individual’s work performance;
  • The conduct or communication has the effect of creating an intimidating, hostile or offensive working environment.

Employees whose behavior is found to be in violation of this policy will be subject to district investigation procedures which may result in discipline, up to and including dismissal.  Other individuals whose behavior is found to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.

Administrators and supervisors are responsible for their conduct and for their employees’ conduct and will be proactive in making the district’s policy known by staff and in taking other steps to stop sexual harassment by subordinates when observed or brought to their attention, including warning or disciplining the offending employee.

The superintendent will establish a process of reporting for those employees experiencing or observing acts of sexual harassment.  There will be no retaliation by the district against any person who, in good faith, reports sexual harassment.


Legal Reference(s)

ORS 243.706
ORS 342.700
ORS 342.704
ORS 342.708    
ORS 342.850
ORS 342.865
ORS 659.010 (14)
ORS 659.020
ORS 659.029
ORS 659.030
ORS 659.040
ORS 659.150
OAR 581-021-0038
OAR 584-020-0040
OAR 584-020-0041
 
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000(d).
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000(e).
Title IX of the Education Amendments of 1972, 20 U.S.C. Sections 1681-1683; 34 CFR Part 106 (2000).
Davis v.  Monroe County Board of Education, 526 U.S. 629 (1999).
Gebser v.  Lago Vista Independent School District, 524 U.S. 274 (1998).