Download Discrimination-Harassment-Bullying Training2015

Loudon
COUNTY SCHOOLS
Annual Harassment Training
Including Sexual Harassment ,Bullying, and
Discrimination
For School System Employees
Produced by
Kathy Proaps
Loudon County Schools
Office of Coordinated School Health
Revised July 2015
• Loudon County Schools is committed to the safety of its
students and employees; therefore, all certified and noncertified staff are required to receive annual training in Sexual
Harassment, Bullying, and Discrimination.
• For your convenience and to provide a more effective
program, these trainings are now available electronically and
on the school system’s website at www.loudoncounty.org.
• All employees must complete the training by September 15th
of each school year.
Loudon County Schools
Coordinators
All coordinators are located in Loudon County Schools’
Central Office at 100 River Road, Loudon, TN 37774.
Telephone: 865-458-5411
• Title VI Coordinator:
Mike Garren & Melanie Amburn
• Title IX Coordinators:
Mike Garren & Melanie Amburn
• 504 Coordinator:
Alison May
Training Objectives
Identify forms of harassment
Enhance understanding of preventive
measures
Be familiar with federal and state laws, state
and system policies regarding harassment
Know the complaint process
Identify specific corrective actions that will
help remedy harassment situations in the
classroom and on the job
Non-Discrimination Policies
It is the policy of the Loudon County School System to maintain a
learning and working environment that is free from
discrimination/harassment of any type. The school system prohibits
any form of discrimination on the basis of race, creed, national
origin, sex, age, marital status, or disability in its educational
programs, activities or employment practices in accordance with
the requirements of Titles VI and VII or the 1964 Civil Rights Act,
Title IX of the 1972 Educational Amendments, Section 504 of the
Federal Rehabilitation Act, Title II of the 1990 Americans with
Disabilities Act, and the 1975 Age Discrimination and Employment
Act.
Loudon County Board of Education Policies
• 5.500 Discrimination/Harassment of Employees
• 6.304 Discrimination/Harassment of Students
• These policies are in compliance with TSBA
policies; state laws: TCA 49-6-3109, 49-6-10141019, and TCA 49-2-120; and federal nondiscrimination laws.
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1991
Prohibits discrimination based on
– race
– color
– national origin
– religion
– sex
Pregnancy Discrimination Act of 1978
Amendment to Civil Rights Act
Discrimination on the basis of pregnancy,
childbirth or related medical conditions
constitutes unlawful sex discrimination
under Title VII.
Age Discrimination in Employment Act
of 1967
• Prohibits discrimination against persons
aged 40 and over based on age:
• By employers in hiring, promotion,
discharge, compensation, conditions and
privileges of employment, in classifying,
limiting or segregating employees or job
applicants
Sexual Harassment in School
Sexual harassment of students is illegal. A federal law,
Title IX of the Education Amendments of 1972 (Title
IX), prohibits discrimination on the basis of sex,
including sexual harassment, in education programs
and activities. All public and private education
institutions that receive any federal funds must comply
with Title IX, which protect students from harassment
connected to any of the academic, educational,
extracurricular, athletic, and other programs or
activities of schools, regardless of the location. Both
male and female students are protected from sexual
harassment by any school employee, another student,
or a non-employee third party.
Definition of Sexual Harassment
Sexual harassment is unwanted sexual or gender-based
behavior that occurs when one person has formal or
informal power over the other.
There are three elements to sexual harassment:
1. The behavior is unwanted or unwelcome.
2. The behavior is sexual or related to the gender of the
person.
3. The behavior occurs in the context of a relationship
where one person has more formal power than the
other, such as a supervisor over an employee or a
faculty member over a student; or more informal
power, such as one peer over another.
Types of Sexual Harassment
Sexual harassment exists when any of four conditions are met:
1. Submission to the conduct is made a term or condition,
either explicitly or implicitly, of obtaining education or
employment; (quid pro quo harassment)
2. Submission to or rejection of the conduct is used as a
factor in decisions affecting that person’s education or
employment; (quid pro quo harassment)
3. The conduct has either the purpose or effect of
“substantially interfering: with a person’s education or
employment; (hostile environment harassment)
4. The conduct creates an “intimidating, hostile or offensive:
educational or work environment. (hostile environment
harassment)
Important Legal Terms
• Quid pro quo harassment: Harasser requires sexual favors of victim
in return for some action by harasser, or harasser retaliates against
victim for denying sexual favors.
• Hostile environment harassment:
 Victim is usually subjected to unwelcome repeated sexual
comments, innuendoes or touching, which alter conditions or
interfere with school or employment performance or access to
opportunities provided by the institution.
 Conduct is gender-based, and creates an intimidating or offensive
place for employees to work or students to go to school.
 Can occur off campus grounds, e.g., school sporting event, on bus,
on school trip, in college-sponsored internship programs.
 Can be caused by teachers, administrators, bus drivers or other
staff, students, vendors, or persons temporarily on campus.
Important Legal Terms
• Unwelcome: A way of determining whether
conduct is sexual harassment. “Unwelcome:
means conduct was not wanted or willingly
permitted. Victim may “voluntarily” submit to
sexual intercourse, but behavior may still be
considered unwelcome.
• Reasonable person: A standard used by the U.S.
Supreme Court to determine if conduct is sexual
harassment. Sexual harassment if a reasonable
person with the victim’s perspective would
consider it so.
What is Sexual Harassment?
• Conduct of a sexual nature
• Is unwelcome
• Denies or limit’s an individual’s ability to
participate in or receive the benefits of the
recipient’s program.
What is Sexual Harassment?
• Can take on may different forms depending on
the harasser and the nature of the harassment
• Conduct can occur in any school program or
activity and can take place in school facilities,
on a school bus, or at other off-campus
locations, such as a school-sponsored field trip
or a training program at another location.
• Conduct can be verbal, nonverbal, or physical.
Types of Prohibited Conduct
• Unwelcome sexual flirtations or propositions
• Sexual slurs, leering, epithets, threats, degrading
descriptions
• Sexual jokes, pictures, notes, gestures
• Unwanted touching
• Graphic verbal comments about a person’s body, or
overly personal conversation
• Spreading sexual rumors
• Blocking normal movement
• An act of retaliation for reporting sexual harassment
Statistics on Sexual Harassment in
School
• 8 in 10 students (81 percent) say they have
experienced some form of sexual harassment
in school
• 2 in 3 students have been targets of sexual
comments, touching, grabbing or pinching in a
sexual way at school
• More than one-third (35 percent) of students
who experience harassment report their first
occurrence in 6th grade or earlier
Statistics on Sexual Harassment in
School
• 10th- and 11th- graders are more likely than 8th- and 9thgraders to experience physical harassment
• Slightly more than half (54 percent) of students said
they have sexually harassed someone during their
school lives
• Students who experience sexual harassment are most
likely to react by avoiding the person who bothered or
harassed them (40 percent), talking less in class (24
percent), not wanting to go to school (22 percent),
changing their seat in class to get farther away from
someone (21 percent), and finding it hard to pay
attention in school (20 percent)
Statistics on Sexual Harassment in
School
• Boys are more than twice as likely to say they have often or
occasionally been called gay
• 7% of students have been harassed by teachers, with boys
and girls equally likely to have this experience
• Not even half (40 percent) of students say they would be
likely to complaint to a school adult if they were sexually
harassed. Girls are twice as likely than boys
• 20% of harassed students say they told no one, boys are
more likely than girls to tell no one
− from Hostile Hallways: Bullying, Teasing, and Sexual Harassment in
School (Commissioned by the American Association of University
Women’s (AAUW) Educational Foundation), 2001.
Why Harassment Is Not Reported
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Embarrassment
Belief that the behavior will end if ignored
Fear of losing job or status
Fear of retaliation
Fear of being blamed for inviting the harassment
Concern about not being believed
Concern about being labeled a troublemaker
Fear of harmful rumors and loss of privacy
Conviction that nothing will be done about the problem
Fear that the complaint process could be worse than the
harassment
Psychological Effects of
Sexual Harassment
On the victim: shame, fear, humiliation, self-doubt,
embarrassment, guilt, stress, powerlessness,
withdrawal, isolation, degradation
On the Work or Learning Unit: morale problems,
tarnished reputations, decreased trust, confusion,
shock
On the Institution: lowered morale, public relations
problems, loss of trust, hostile employee/student
relations, polarization of men and women, anger
toward institution, diminished reputation of
institution, recruitment difficulties
Economic Effects of Sexual Harassment
On the victim: loss of job, job search expenses, loss
of seniority, loss of references, medical expenses,
increased absenteeism, reduced productivity
On the work or learning unit: reduced productivity,
increased work load, supervisor’s performance
review potentially affected, potential turnover
costs for recruiting and training, safety can be
jeopardized
On the institution: legal expenses, cash
settlements, reduced productivity, increase in use
of benefits
What Victims of Sexual Harassment
Can Do to Stop It
• Tell the offender that the conduct is unwelcome and must
stop.
• Adopt a formal approach.
• Refuse to answer personal questions.
• Place a copy of the school’s sexual harassment policy on
the offender’s desk or in his mailbox.
• Send the harasser a letter that:
1. Provides a factual account of what happened.
2. Describe how the incident(s) made you feel.
3. Explain what you want to happen next.
4. Deliver the letter in person or mail it.
5. Keep a copy.
Personal Behavior Checklist
Maintaining harassment-free schools and campuses is critical for
encouraging:
• An open learning environment
• Productive and happy employees
• Good relationships between students and employees of both
genders
Use the following checklist to consider your own behavior:
• Does this behavior contribute to getting our goals accomplished?
• Could this behavior hurt my fellow employees or other students if
they were here?
• Could this behavior be interpreted as harmful or harassing by an
outsider?
• Could this behavior be sending out signals that invite harassing
behavior on the part or others?
Sexual Harassment
• Sexual harassment is prohibited regardless of
the sex of the harasser or the victim, i.e.,
sexual harassment may occur if the harasser
and the victim are of the same sex.
• For Title IX to apply, the discrimination must
be based on sex, even where the harasser
and victim are he same sex.
Section 504 of the
Rehabilitation Act of 1973
• Prohibits discrimination against disabled
Individuals
• Serves as comprehensive component of civil
rights legislation
• Applies to all agencies that receive federal
Funding
• Incorporates broad definition of disability
Section 504 states:
“No otherwise qualified individual with a
disability…shall solely by reason of his or
her disability, be excluded from the
participation in, be denied benefits of or be
subjected to discrimination under any
program or activity receiving federal financial
assistance.”
Definition of a Disability Under
Section 504
• 1) Has a physical or mental impairment
which substantially limits one or more of
such person’s major life activities (self-care,
walking, seeing, learning, breathing, speaking,
working)
• 2) Has a record of such an impairment
• 3) Is regarded as having such an impairment
Section 504 requires:
• Disabled students have an equal opportunity
to compete when compared to their nondisabled peers. Requires that no qualified
disabled person shall be discriminated against
or be excluded from participation in any
activity.
• Reasonable accommodations and/or
modifications must be made to provide access
to programs and facilities.
School Districts’
Responsibilities Include:
• 1) Naming a 504 coordinator
• 2) Providing training for ALL employees
annually on Section 504
• 3) Locating and identifying all children with
disabilities who should be served
• 4) Providing a free, appropriate public education
• 5) Providing children with disabilities an equal
opportunity to participate in nonacademic
and extracurricular services and activities
Bullying/Intimidation
School Board policy defines bullying and
intimidation as either physically harming a
student or damaging his/her property, or
knowingly placing the student in reasonable
fear of such, or creating a hostile educational
environment.
Bullying Can Take Many Forms
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Physical violence
Verbal taunts, name-calling, and put-downs
Threats and intimidation
Physical violence
Extortion or stealing money and/or
possessions
• Spreading rumors
• Harassment via technology (email, text
messaging, etc.)
Warning Signs of Being Bullied
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Is quiet, sensitive, shy
Appears anxious or insecure
Appears unhappy, depressed, tearful
Cuts, bruises, scratches
Headaches, stomachaches
Damaged/missing possessions
Has few friends
Is alone or excluded from friends or peers during break
Tries to stay close to the teacher or other adults
Has difficulty speaking up
Shows a deterioration of school work
Warning Signs of Bullying Others
• Teases, intimidates, threatens, ridicules other
students
• Is hot tempered and impulsive
• Has a hard time following rules
• Is oppositional, defiant or aggressive towards adults
• Shows little or no empathy
• Are concerned with their own desires rather than those
of others
• Find it difficult to see things from someone else’s
perspective
• Are willing to use others to get what they want
Common Characteristics Among
Youth Who Are Bullied
• These children often stand out as different in
some way because of
- Appearance
- Sexual orientation
- Intellect
- Socio-economic background
- Cultural or religious background
Cyber Bullying
• Cyber bullying is using the internet and other
technology to bully students.
• Email, instant messaging, online diaries, picture cell
phones, web logs or blogs make it easier and quicker
for students to make threats, pass on rumors or
ostracize their peers.
• Cyber bullying is no different then bullying in person –
students who are victims still suffer from the same risks
as those being bullied in person.
Additional information may be located on the CSH
Webpage in the Bullying folder.
New Law Regarding Bullying and
Harassment
• At the beginning of each school year all
teachers & counselors receive a copy of the
Bullying/Harassment Policy and receive
related training.
• Parents & students receive bullying prevention
information and have opportunities to discuss
information.
New Law Regarding Bullying and
Harassment - continued
Principals of middle and high schools are
required to:
• Investigate harassment, intimidation, bullying
or cyber-bullying;
• Report findings of investigation and any
disciplinary actions to the director of schools
and the chair of the school board.
Classroom Interventions
• Establish class rules against bullying
• Reinforcement of rules through positive
consequences and sanctions
• School system’s health educator can provide
several anti-bullying resources
Reporting Procedures
• Any person who believes he/she has been the
victim of discrimination/harassment by a
school system employee, another adult on
school grounds or at school functions, another
student, or any third person with knowledge
of discrimination/harassment should report
the alleged acts immediately to an
appropriate school system official as
designated by policy.
Reporting Procedures - continued
• The school principal is the person responsible
for receiving reports at the school level. The
principal notifies the director of schools
immediately without screening or
investigating the report. A written report is
also forwarded to the director.
• If the complaint involves the school principal,
the complaint shall be filed directly with the
director of schools.
Reporting Procedures - continued
• The Title IX coordinator is to receive complaints of
sexual discrimination.
• The pupil personnel supervisor receives the
complaints of non-sexual discrimination
• The name of the Title IX coordinators and the Title VI
coordinator, including a mailing address and
telephone number shall be posted.
• Refer to school board policies 6.304 and 6.305 for
additional information
Sources
• Tennessee Code Annotated
http://www.state.tn.us/environment/permits/tcalink.shtml
• Loudon County Board of Education Policy
http://www.loudoncounty.org
• Tennessee School Board Association
http://www.tsba.net/
• U.S. Department of Education, Office for Civil Rights,
Sexual Harassment: It’s Not Academic, Washington,
D.C., 2008.
• Thompson Publishing Group, Educator’s Guide to
Controlling Sexual Harassment, 2002.
• National Crime Prevention Council, 2006.