Sexual harassment is recognized as a form of sex discrimination and thus a violation of the laws which prohibit sex discrimination.
A learning and working environment that is free from sexual harassment shall be maintained. It shall be a violation of policy for any member of the district staff to harass another staff member or students through conduct or communications of a sexual nature.
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature may constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or educational development.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive working or educational environment.
Sexual harassment as defined above may include but is not limited to:
1. Sex-oriented verbal "kidding," abuse or harassment
2. Pressure for sexual activity
3. Repeated remarks to a person with sexual or demeaning implications
4. Unwelcome touching, such as patting, pinching or constant brushing against another's body
5. Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, employment status or similar personal concerns
Staff members may file a formal grievance of sexual harassment through use of the accompanying grievance procedure. If the alleged harasser is the immediate supervisor or principal with whom a grievance routinely would be filed, the employee may file the grievance with the Superintendent.
All matters involving sexual harassment complaints shall remain confidential to the extent possible.
Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the individual's status or affect future employment or work assignments.
Notice of this policy shall be circulated to all district schools and departments and incorporated in employee handbooks.
Adopted: August 1998
LEGAL REFS.: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.
Title IX of the Education Amendments of 1972, U.S.C. §1681 et seq.
C.R.S. 24-34-401 et seq.