III. Human Resources (formerly
#4191 & $4291)
C. Illegal Harassment
2. Sexual Harassment
1. Policy
It
is the policy of the Town of Narragansett School System, as well as state,
federal and local law, (including, but not limited to, Title VII of the Civil
Rights Act of 1964 As Amended, Title IX of the Education Amendments of 1972,
Rhode Island General Law 28-5.1, Fair Employment Practices Act, Rhode Island
Public Law Title 16-38-1.1, and the Carl Perkins Act) that sexual harassment of
a student, present or prospective employee, or visitor shall not be tolerated.
Violation of this policy and of the law, if proven, will result in disciplinary
action. Any person who believes that he/she has been the recipient of sexual
harassment may seek redress through the Town of Narragansett School Sytem's
Sexual Harassment Grievance Procedure.
2. Sexual harassment is defined
as:
Unwelcome
advances, requests for sexual favors and other verbal or physical conduct of a
sexual nature when:
a. Submission to such conduct is
made either explicitly or implicitly a term or condition of an individual's
employment or success as a student;
b. Submission to or rejection of
such conduct by an individual is used as the basis for employment or
educational decisions affecting such individual; or
c. Such conduct has the purpose
or effect of substantially interfering with an individual's work or educational
performance, or creating an intimidating, hostile or offensive working or
educational environment.
3. Considerations
By definition,
sexual harassment is not limited to prohibited conduct by a male toward a
female, by a supervisory employee toward a non-supervisory employee or by a
teacher toward a student. The Town of
Narragansett School System's view of sexual harassment includes, but is not
limited to, the following considerations:
a.
A male, as well as a female, may be the subject/recipient of
sexual harassment and a female, as well as a male, may be the harasser.
b. The harasser does not have to
be in a position of authority. He/she
may also be an agent of the employer, a supervisory employee who does not
supervise the recipient, a non-supervisory employee (co-worker), a non-employee
(student, parent, visitor).
c.
The recipient of sexual harassment may be the same or opposite sex
as the harasser.
d. The recipient of the sexual
harassment does not have to be the person at whom the unwelcome sexual conduct
or remarks are directed. The recipient
may also be someone who is affected by such conduct/remarks when it is directed
toward another person. For example, inappropriate
attempts at humor or the sexual harassment of one female (or male)
employee/student may create an intimidating, hostile or offensive working or
educational environment for another female (or male) or otherwise unreasonably
interfere with an individual's work or educational performance.
e. Sexual harassment does not
depend on the recipient's having suffered concrete job-related injury or
educational limitation as a result of the harasser's conduct. For example, improper sexual advances,
conduct or remarks which do not result in the loss of promotion by the
recipient or the discharge of the recipient may, nonetheless, constitute sexual
harassment where they unreasonably interfere with the recipient's work or
education, or create a harmful or offensive work or educational environment.
All personnel
will be responsible for implementing, monitoring and enforcing the above
policy. All personnel are to strictly
adhere to this policy.
4. Sexual Harassment Grievance
Procedure
A formal
grievance may be filed at any time by a student, employee, applicant, parent,
or visitor who believes that his/her rights as outlined in the sexual
harassment policy have been violated. We
encourage each student, faculty member, administrator, or staff member to make
every effort to resolve problems fairly and informally as they arise. All members of the Town of Narragansett
School System's community are urged to resolve problems fairly and informally
as early as possible. If a suitable
solution cannot be reached informally, a formal grievance may be
initiated. Grievants are not limited to
this formal grievance procedure, but may seek relief from other agencies
including, but not limited to:
|
US Equal Employment
Opportunity Commission |
Rhode Island Commission |
|
10th Floor, Room 1001 |
for Human Rights 10 Abbott Park Place |
|
Boston, MA 02114 |
Providence, RI 02903 |
|
Phone: 617-565-3200 |
Phone: 401-222-2616 |
|
TTY: 617-565-3204 |
TDD: 401-222-2664 |
|
|
|
|
Rhode Island Department of Education
|
|
|
Commissioner of Elementary
& Secondary Education |
|
|
255 Westminster Street |
|
|
Providence, RI 02903 |
|
|
Phone: 401-222-2031 |
|
|
TTY: 800-745-6575 |
|
Definition
A
"grievance" shall be a complaint which has been filed by an employee,
applicant, student, parent or guardian, visitor, on his/her behalf dealing with
a violation of the sexual harassment policy as specified by Title IX and other
applicable laws.
1)
Purpose
The
primary purpose of this procedure is to secure, at the earliest level possible,
equitable solutions to a claim of a complaint. The proceedings shall be kept
confidential at each level of this procedure.
2)
Time
A complaint
must be filed at level 1 within 30 school days or 60 calendar days from the
date of the incident, whichever is sooner. The number of days indicated at each
level shall be regarded as a maximum, and every effort shall be made to
expedite the process. The time limits may be extended by mutual agreement
between complainant and superintendent.
3)
Level One
An
individual with a complaint shall first (Level One) present it orally and
informally to the appropriate supervisor (eg. student to teacher; teacher to
principal, etc.). If the complaint is not resolved within 14 calendar days,
he/she may informally present the complaint to the Title IX Coordinator.
4)
Level Two
At
this point, the Title IX Coordinator will attempt to informally resolve the
complaint between the parties involved and reach an equitable solution to the
situation.
a.
Such investigation may consist of, but may not be limited to, the
following actions:
1. Interview(s) with the grievant;
2. Interview(s) with the individual alleged to be the harasser;
3. Interviews with other employees and witnesses;
4. Interviews with other individuals at the discretion of the
superintendent or Title IX Coordinator;
5.
Review of pertinent records.
b. Any retaliatory action of any
kind taken by an employee or student of the Town of Narragansett School System
against any other employee or student of the Town of Narragansett School System
as a result of that person's seeking redress under these procedures,
cooperating in an investigation, or otherwise participating in any proceeding
under these procedures is prohibited and shall be regarded as a separate and
distinct grievable matter under this procedure.
c.
Any grievance proceedings will, to the greatest possible extent, be
held in confidence by all persons directly or indirectly involved in them.
d.
If the Title IX Coordinator cannot informally resolve the
complaint within 15 school days or 21 calendar days, the complaint will proceed
to Level 3.
5)
Level Three
If an equitable solution
cannot be reached, the complainant may present a formal claim in writing
(including all supporting statements and evidence) to the Title IX Coordinator.
Within 20 school days after receiving the formal written complaint, the Title
IX Coordinator shall state his/her decision in writing with all supporting
reasons and evidence.
6)
Level Four
If
the complainant deems it desirable to carry the complaint beyond the decision
reached at Level Three, he/she may, within 10 school days, file the complaint
with the school principal. The school
principal shall evaluate the evidence and render his/her decision within 10
school days. Again, such decision should
contain all supporting reasons and evidence.
7)
Level Five
If
the complainant deems it desirable to carry the complaint beyond the decision
reached in Level Four, he she may, within 10 school days, file the complaint
with the Narragansett School Superintendent.
The superintendent shall evaluate the evidence and render his/her
decision within 10 school days after receiving the appeal. Such decision should contain all supporting
reasons and evidence.
8)
Level Six
If
the complainant deems it desirable to carry the complaint beyond the decision in
Level Five, he/she may, within 10 school days, file the complaint with the
chairperson of the school committee.
9)
Upon receiving the complaint, the matter shall be placed on the
agenda of the school committee for consideration at the next regular meeting
(at which the complaint can be legally acted upon) and a final determination
shall be made within 30 calendar days from said meeting. The hearing before the school committee will
be in open session unless requested by grievant to be in executive session.
10)
Withdrawal
A complaint may be withdrawn
by the complainant at any level without prejudice.
11)
Hearing and Decisions
At each of the above six
levels the complainant shall be given the opportunity to be present and to be
heard. All decisions at each level (with
the exception of Levels One and Two) shall be in writing and shall include
supporting reasons. Copies of all
decisions and recommendations shall be furnished promptly to all.
12)
Reprisals
No
reprisal of any kind shall be taken by or against any party of legitimate
interest or any legitimate participant in the grievance procedure by reason of
such participation.
13)
Disclaimer
In
the adoption and implementation of this grievance procedure, it shall be
understood that, at all levels, strict rules of evidence shall not apply.
14)
Nothing in this policy precludes a complainant from contacting an
appropriate outside agency.
15)
Penalties in Cases of Sexual Harassment
Remedial
actions will depend on the severity of the incident(s). Because of the private nature
of certain incidents, particularly those involving sexual harassment, and the
emotional and moral complexities surrounding such issues, every effort will be
made to resolve problems on an informal basis, if possible. When a grievance is
resolved informally, only a short summary of the incident will be maintained on
file.
An
admission of guilt, an acknowledgement of the verbal warning, a promise not to
commit such abuse again, and action taken to provide appropriate relief for the
grievant may be sufficient resolution.
At this informal stage, it is hoped to sensitize the person at fault to
the effects of such behavior, to be constructive and not unduly punitive in the
disciplinary action. If informal
resolutions are not adhered to or if the allegations involve conduct for which
informal resolutions are not appropriate, the superintendent may deem it
necessary to take appropriate action that can include formal letters of
reprimand, suspension, discharge or other disciplinary action.
ACKNOWLEDGMENT
AND CERTIFICATION
I hereby
acknowledge and certify that I have received a copy of the Narragansett School
System’s Sexual Harassment Policy. I
have read the policy and understand it.
Employee Name
Employee Signature
Date
1st Reading:
Adopted:
1st Reading:
Adopted:
1st Reading:
Adopted: