Hayward USD | E 4119.11 Personnel
SEXUAL HARASSMENT INFORMATION SHEET
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual, or physical conduct of a sexual nature when
1. Submission to the conduct is made explicitly or implicitly as a term or condition of any individual's employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the individual.
3. Such conduct has the purpose or effect of unreasonably interfering with the other individual's work or academic performance, creating an intimidating, hostile, or offensive work or educational environment, or adversely affecting the other individual's evaluation, advancement, assigned duties, or any other condition of employment, education, or career development.
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 District.
Other examples of sexual harassment, whether committed by a supervisor or any other employee, include, but are not limited to:
1. Suggestive or obscene letters, notes or invitations.
2. Derogatory comments such as sexual jokes, remarks, question, teasing, leering or gestures.
3. Touching, petting, pinching, impeding or blocking movement.
4. Display of sexually suggestive objects, such as pictures, cartoons and posters that are offensive to other employees.
5. Continuing to express sexual interest after being informed that the interest is unwelcome.
6. Leering, sexual flirtations or propositions.
7. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.
8. Requesting sexual favors accompanied by reprisal, threat of reprisal or implied threat of reprisal following a negative response. For example, implying or actually withholding support for an appointment, promotion or change of assignment; suggesting a poor performance report will be prepared or suggesting probation will be failed.
9. Engaging in implicit or explicit coercive sexual behavior, which is used to control influence or affect the career, salary and/or work environment of another employee.
10. Offering favors or employment benefits such as promotions, favorable performance evaluations or recommendations; favorable assigned duties or work shifts in exchange for sexual favors.
11. Graphic verbal comments about an individual's body, or overly personal conversation, spreading sexual rumors, making sexual jokes, stories, drawings, pictures or gestures.
12. Any act of retaliation against an individual who reports a violation of the district's sexual harassment policy or who participates in the investigation of a sexual harassment complaint.
If you believe that you are or have been a victim of sexual harassment take the following action. You may ask the Assistant Superintendent, Personnel/Designee or an officer of your bargaining unit to assist you in taking the following action:
1. Prompt appropriate action may stop incidents of sexual harassment: therefore you should at least initially tell the offending individual that his or her behavior is unwelcome, offensive or inappropriate.
2. If talking to the offending individual is not effective inform your site administrator, supervisor, department head or division head of the incident(s) and describe what took place. Ask that person to tell you specifically what action he/she will take to remedy the situation.
3. If the individual harassing you is your direct supervisor, take your complaint directly to your site administrator or department head.
4. If no action from management is forthcoming within a reasonable time, bring your complaint in writing to the Assistant Superintendent, Personnel/Designee.
5. The Assistant Superintendent, Personnel/Designee will investigate the complaint in accordance with the district's Uniform Complaint Procedures (BP/AR 1312.3) Your written complaint should be submitted to the Assistant Superintendent/Designee within 30 calendar days of the incident in order to facilitate investigation and appropriate response. The complaint shall include a written account of what occurred, including a description of the incident(s), the names of other persons, if any, who were present, and the signature of the complainant.
6. When the Assistant Superintendent, Personnel/Designee has completed this investigation, he/she shall notify the Title IX Coordinator or designee of the result and recommendation for action, if any.
7. The Title IX Coordinator, the Human Resources Department or designee will notify you of the results of the investigation and what action, if any, will be taken.
8. This procedure does not preempt the employee's right to remedy through other lawful means.
Responsibility of Site Administrator/Department Heads
When a complaint of sexual harassment is received from one of your employees, take the following actions:
1. As soon as possible and in accordance with the Uniform Complaint Procedures get as complete a statement as possible of what took place, when and where it happened, who was involved, and who witnessed the incident and, write it down. Provide employee with a copy of BP and AR 4119.11 and the Uniform Complaint Procedures, have the employee sign that he/she has received it.
2. Notify the Title IX Coordinator, Assistant Superintendent, Human Resources Department or Personnel/Designee and, if necessary, seek advice and assistance.
3. The investigation process shall include, but is not limited to the following:
a. shall take prompt action to stop it, prevent recurrence, and address any continuing effects.
b. utilize the same timeline as stated in the UCP (1312.3). The complainant shall have the same appeal process as stated in the UPC. All forms created relative to this process shall be translated pursuant to EC 48985.
4. Call in the accused and describe the alleged incident(s). Get the accused employee's side of the story. Document this conversation. Provide employee with a copy of the BP and AR 4119.11 and the Uniform Complaint Procedures, and have the employee sign that he/she received it.
5. Contact any witnesses and get their description of the incident(s). Document these conversations.
6. If you cannot clearly establish that the events took place as originally described by the complaining employee, still explain the district's policy on sexual harassment and the specific consequences for such behavior. Make it clear that harassment will not be tolerated.
7. If there is sufficient evidence that the incident(s) occurred as originally described, take immediate action. Discipline (warning, suspension, or discharge) should be given out on a case-by-case basis depending on the severity of the incident(s). Inform the accused employee that further incidences of harassment will lead to more severe disciplinary action.
8. Document all conversations with the accused employee and any action taken. Submit copies of all such documentation to the Human Resources Department for inclusion in the employee's personnel file if appropriate, following the procedure for placing information in file.
A complaint can be submitted in writing or via email, it does not have to be on an official form. Hayward Unified School District Sexual Harassment Complaint Form To:
1. Identify the respondent(s) against whom your complaint is made.
2. Describe the incident(s), or event(s), date(s), time(s), and locations that led to your complaint.
3. Give specific examples of offensive conduct (If more space is required, please attach additional pages)
4. Do you have any physical evidence (pictures, videos, texts, notes, etc) that support your complaint?
5. What did you or others do to try to resolve the issue? What was the outcome?
6. What remedy are you seeking?
Your Signature: Date:
Exhibit HAYWARD UNIFIED SCHOOL DISTRICT
version: August 2, 1993 Hayward, California
revised: January 8, 2001
revised: October 9, 2013
revised: May 8, 2019