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Davis Joint USD |  AR  4119.12  Personnel

Unlawful Harassment Protocol   

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The district is committed to providing a work and educational environment free of unlawful harassment. The district maintains a strict personnel policy prohibiting sexual harassment and harassment of employees because of race, ethnicity, religion or religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, sexual orientation, age, the perception that someone belongs to one of these protected categories, association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state or local law, ordinance or regulation. All such harassment is unlawful.

Irrespective of law, the district believes that all such harassment is offensive. The district's anti-harassment policy applies to all persons involved in the operations of the district and prohibits unlawful harassment by any district student or any employee of the district, including administrators, supervisors, certificated employees, classified employees, and co-workers. Unlawful harassment in any form, including verbal, physical and visual conduct, threats, demands and retaliation, is prohibited. Violation of this policy will result in corrective action or discipline, which may include discharge, depending on the seriousness of the violation.

Unlawful harassment because of a protected basis includes, but is not limited to:

1. Verbal or written conduct, including electronic communications that come within the jurisdiction of the employer, such as derogatory or degrading comments, slurs, epithets, threats, unwanted sexual advances or invitations, unwelcome jokes, stories, teasing or taunting

2. Visual conduct such as derogatory posters, photography, cartoons, drawings or gestures

3. Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with work directed at an employee because of sex or race or any other protected basis

4. Threats and demands to submit to sexual requests in order to keep a job or avoid some other loss, and offers of job benefits in return for sexual favors

5. Retaliation for having resisted reported or threatened to report harassment

Sexual harassment is defined in the Education Code as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment.

2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment decisions affecting the individual.

3. The conduct has the purpose or effect of having a negative impact upon the individual's work performance, or of creating an intimidating, hostile, or offensive work environment.

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

Employees may have a claim of harassment even if they have not lost a job or some other economic benefit. The law prohibits any form of protected-basis harassment which impairs an employee's working ability or emotional well-being at work.

If employees think they are being harassed because of a protected basis, they should use the procedure outlined in this policy to file a complaint and have it investigated.

Employees have a right to redress for unlawful harassment. In order to secure this right, provide a complaint, preferably but not necessarily in writing, to the Assistant Superintendent-Human Resources, 526 B Street, Davis, California 95616 (530-757-5300 ext. 105), as soon as possible, but at least within six months of the date the alleged harassment occurred or within six months of the date the employee first obtained knowledge regarding the alleged harassment.

Employee's complaints should include the details of the incident or incidents, the names of the individuals involved and the names of any witnesses. The district will immediately undertake an effective, thorough and objective investigation of the harassment allegations. The investigation will be conducted in a manner that protects the confidentiality of the parties and the facts. This investigation will be completed, and a determination regarding the alleged harassment will be made and communicated to the employee within sixty days after the district receives the complaint.

If the district determines that unlawful harassment has occurred, it will take effective remedial action commensurate with the severity of the offense. Appropriate action will also be taken to deter any future harassment. The district will take appropriate action to remedy any loss to the victim resulting from harassment. The district will not retaliate against the employee for filing a complaint and will not knowingly permit retaliation by supervisory employees or co-workers.

The district encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be resolved quickly and fairly. More information on the complaint process may be obtained from the Assistant Superintendent-Human Resources, 526 B Street, Davis, California 95616 (530-757-5300 ext. 105), or the Superintendent, 526 B Street, Davis, California 95616 (530-757-5300 ext. 142).

Employees shall be aware that the California Department of Fair Employment and Housing (DFEH) also investigates and prosecutes complaints of prohibited harassment in employment. If employees think they have been harassed or retaliated against for resisting or complaining about harassment, employees may file a complaint with the DFEH. The nearest DFEH office is listed in the telephone book. The toll-free telephone number is 1-800-884-1684. The web address is www.dfeh.ca.gov.

The DFEH will investigate the complaint. If the complaint has merit, the DFEH will attempt to resolve it. If no resolution is possible, the DFEH may prosecute the case with its own attorney before the Fair Employment and Housing Commission. The Commission may order the harassment stopped and can require the employer to pay money damages and reinstate the employee or give other appropriate relief.

Employees shall also be aware that the federal U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints of unlawful harassment. If employees think they have been harassed or retaliated against for resisting or complaining about harassment, an employee may file a complaint with the EEOC. Information on beginning this complaint process may be obtained by calling the EEOC at 1-800-669-4000 or by visiting the web address at www.eeoc.gov.

Legal Reference:

EDUACTION CODE

200-262.4 Prohibition of discrimination on the basis of sex

48900.2 Suspension for sexual harassment

GOVERNMENT CODE

12920 Fair Employment and Housing Act ; Findings and Declarations of Policy

12926 Fair Employment and Housing Act ; definitions

12940 Prohibited discrimination

PENAL CODE

422.55 Chapter 1. Definitions; Hate Crimes

422.56 Definitions; Disability, Gender, Nationality, Race, Religion

Regulation DAVIS JOINT UNIFIED SCHOOL DISTRICT

approved: February 1, 2007 Davis, California