Jerome Joint School District No. 261

PERSONNEL 5240

Sexual Harassment/Sexual Intimidation in the Workplace

According to the Equal Employment Opportunity Commission, sexual harassment is defined as unwelcome sexual

advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, including unwanted

touching, verbal comments, sexual name calling, gestures, jokes, profanity, and spreading of sexual rumors.

The District shall do everything in its power to provide employees an employment environment free of unwelcome

sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting

sexual harassment, as defined and otherwise prohibited by state and federal law. In addition, Principals and

Supervisors are expected to take appropriate steps to make all employees aware of the contents of this policy. A

copy of this policy will be given to all employees.

District employees shall not make sexual advances or request sexual favors or engage in any conduct of a sexual

nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s

employment;

2. Submission to or rejection of such conduct by an individual is used as the basis for employment

decisions affecting such individual; or

3. Such conduct has the purpose or effect of substantially interfering with the individual’s work

performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms “intimidating”,

“hostile”, or “offensive” include, but are not limited to, conduct which has the effect of humiliation,

embarrassment, or discomfort. Sexual harassment will be evaluated in light of all of the circumstances.

Aggrieved persons who feel comfortable doing so, should directly inform the person engaging in sexually harassing conduct or communication, that such conduct or communication is offensive and must stop.

Employees who believe they may have been sexually harassed or intimidated should address the matter as

described in Policy 3085 and Procedure 3085P. An individual with a complaint alleging a violation of this policy

which does not fall within the scope of Policy 3085 and Procedure 3085P shall follow the Uniform Grievance

Procedure.

Investigation.

If an allegation of sexual harassment is found to not fall within the scope of Policy 3085 and Procedure 3085, but

still claims conduct which violates this policy. The designated school officials will take immediate steps to:

(1) Protect the grievant from further harassment;

(2) Discuss the matter with and obtain a statement from the accused and his representative, if any;

(3) Obtain signed statements of witnesses;

(4) Prepare a report of the investigation.

Confidentiality

Due to the damage that could result to the career and reputation of any person falsely or in bad faith accused of

sexual harassment, all investigations and hearings surrounding such matters will be designed to the maximum

extent possible to protect the privacy of, and minimize suspicion towards, the accused as well as the complainant.

Only those persons responsible for investigating and enforcing this policy will have access to confidential

communications, unless otherwise required by Policy 3085 or Procedure 3085P. In addition, all persons involved in

an allegation which falls within the scope of this policy, and not within the scope of Policy 3085 or Procedure

3085P are prohibited from discussing the matter with co-workers and/or other persons not directly involved in

resolving the matter.

A violation of this policy may result in discipline, up to and including discharge. Any person making a knowingly

false accusation regarding sexual harassment will likewise be subject to disciplinary action, up to and including

discharge.

Cross Reference: 4120 Uniform Grievance Procedure

3085 Sexual Harassment, Discrimination and Retaliation Policy

3085P Title IX Sexual Harassment Grievance Procedure, Requirements and

Definitions

Legal References: 42 U.S.C. §§ 2000(e), et seq. Title VII of the Civil Rights Act of 1964

20 U.S.C. §§ 1681 - 1682 Title IX of the Education Amendments of 1972

29 C.F.R. § 1604.11 Sexual harassment

I.C. § 67-5909 Acts Prohibited

Policy History:

Adopted on: 03/25/2008

Revised on: 12/15/2020