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It is against Manchester School District policy for any employee or student to sexually harass any other employee or student.

The District shall hold all employees and students equally responsible and accountable for maintaining a workplace and an educational setting that respect the dignity and rights of all employees and students. Acts of sexual harassment are prohibited practices and shall not be tolerated or condoned.

Employees and students are encouraged to be supportive of one another and sensitive to remarks and actions that can be personally harmful and disruptive to others in the workplace and educational setting. Further, employees and students are responsible for taking appropriate measures to ensure that such conduct does not occur.

Harassment on the basis of sex constitutes unlawful sex discrimination and violates Section 703 Title VII of the Civil Rights Act of 1964 as amended; NH law under RSA 354-A et seq and NH Administrative Rules (HUM. 203.02). 

The District shall act to investigate all complaints; whether formal or informal, verbal or written, of sexual harassment or sexual violence and shall discipline any student or employee who sexually harasses or is sexually violent to a student or employee of the District. 

Sexual Harassment Defined

An unwelcome sexual advance, request for a sexual favor, and other verbal, non-verbal and/or physical conduct of a sexual nature constitutes sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or of obtaining an education;

2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual's employment or education;

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 work or educational environment;

4. The demand for sexual favors is accompanied by implied or overt promises of preferential treatment with regard to the individual's employment or educational status.

Sexual harassment includes behavior that is unwelcome, that is personally offensive, that fails to respect the rights of others, that lowers morale and that interferes with work or educational effectiveness, as viewed from the perspective of the receiver of the behavior. Sexual harassment may take different forms. One specific form is the demand for sexual favors. Other forms of harassment include but are not limited to:

Verbal:                 Repeated verbal abuse of a sexual nature, repeated offensive sexual flirtations, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats, subtle pressure for sexual activity 

Non-verbal:          The display in the workplace or in the educational setting of sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, and obscene gestures.

Physical:              Unwanted physical contact including, but not limited to, touching, patting, pinching, repeated brushing against an individual's body, sexually explicit gestures, coerced sexual intercourse, assault, sexual violence or aggression.

Sexual harassment may be overt or subtle. Some behavior which is appropriate in a social setting may not be appropriate in the workplace or educational setting. Whatever form it takes, verbal, non-verbal or physical, sexual harassment is insulting and demeaning to the recipient and shall not be tolerated in the workplace or in the educational setting. 

II. DISCIPLINE

The District shall take prompt action to discipline any employee or student who violates the Sexual Harassment Policy or who contributes to a sexually offensive, hostile, or intimidating work or educational environment.

Depending on the seriousness of the offense, disciplinary action may be progressive in nature to include verbal warning/reprimand, written warning/reprimand, suspension or termination to end sexual harassment and sexual violence and prevent its recurrence. 

Retaliation

Employees and students are not permitted to retaliate against witnesses or persons who participate in the investigation of sexual harassment. Such retaliation is also misconduct and may be subject to discipline.

Reporting Procedure

Any person who believes he or she has been the victim of sexual harassment or sexual violence by an employee or a student of the District, or any third person with knowledge or belief of conduct which may constitute sexual harassment or sexual violence shall report the alleged acts immediately to an appropriate District official as designated in this policy.

Right to Appeal

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Commissioner of Education, initiating a civil action or seeking redress under criminal statutes and/or federal law.

Sexual Harassment or Sexual Violence as Sexual Abuse

Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse under New Hampshire law. In such situations, the District shall comply with said law 

Nothing in this policy shall prohibit the District from taking immediate action to protect victims of alleged abuse.

Bypassing District Policy

Any individual with a sexual harassment complaint may choose to bypass this policy and

accompanying regulation and proceed directly to: N.H. Commission on Human Rights, 2 Chenelle Drive, Concord, NH (603) 271-2767 or Office of Civil Rights, Health and Human Services, Region 1, Room 2403, JFK Federal Building, Government Center, Boston, MA 02203, (617) 565-1340.

III.         REPORTING PROCEDURES

Any person who believes he or she has been the victim of sexual harassment or sexual violence by a student or an employee of the District, or any third person with knowledge or belief of conduct which may constitute sexual harassment or sexual violence shall report the alleged acts immediately to an appropriate District official as designated by this policy. The District encourages the reporting party or complainant to use the report form available from the Principal of each building or from the Superintendent's office. 

1. In each building. The building Principal is the person responsible for receiving oral or written reports of sexual harassment or sexual violence at the building level. Upon receipt of a report, the Principal shall notify the Superintendent immediately, without screening or investigating the report. A written report shall be forwarded simultaneously to the Superintendent. If the report was given verbally, the Principal shall reduce it to written form within 24 hours and forward it to the Superintendent. Failure to forward any sexual harassment or sexual violence report or complaint, as provided herein, shall result in disciplinary action. If the complaint involves the building Principal, the complaint shall be filed directly with the Superintendent.

2. District-Wide. The Board hereby designates the Superintendent as the District Human Rights Officer to receive reports or complaints of sexual harassment and sexual violence from any individual, employee or victim of sexual harassment or sexual violence and also from the building Principals as outlined above. If the complaint involves the Superintendent, the complaint shall be filed directly with the Board of School Committee.The District shall conspicuously post, in each building, the name of the Human Rights Officer, a mailing address and a telephone number.

3. Submission of a complaint or report of sexual harassment or sexual violence shall not affect the individual’s future employment, grades or work assignments

4. Use of formal reporting forms is not mandatory.

The District shall respect the confidentiality of the complaint and the individual(s) against whom the complaint is filed to the greatest extent possible, consistent with the District’s legal obligations and the necessity to investigate allegations of sexual harassment and sexual violence and take disciplinary action when the conduct has occurred.

IV.   INVESTIGATION AND RECOMMENDATION

By authority of the District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment or sexual violence shall immediately authorize an investigation.  This investigation may be conducted by District officials or by a third party designated by the District.  The investigation party shall provide a written report of the status of the investigation within 10 working days to the Superintendent.  If the Superintendent is the subject of the complaint, the report shall be submitted to the Board.

In determining whether alleged conduct constitutes sexual harassment or sexual violence, the District should consider the surrounding circumstances, the nature of the sexual advance, the relationship between the parties involved and the context in which the alleged incidents occurred. 

Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint.  The investigation may also consist of any other methods and documents deemed pertinent by the investigator. 

In addition, the District, at its discretion, may take immediate steps to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment or sexual violence.

V.        SCHOOL DISTRICT ACTION

1. Upon receipt of a recommendation that the complaint is valid, the District shall take such action as it deems appropriate based on the results of the investigation.

2. The complainant may appeal the recommendation of the investigation to the Superintendent (presuming the Superintendent is not the subject of the investigation).

3. The result of the investigation of each complaint filed under these procedures shall be reported in writing to the complainant by the District. The report shall document any disciplinary action taken as a result of the complaint.

VI.         REPRISAL

The School District shall discipline any individual who retaliates against any person who reports alleged sexual harassment or sexual violence or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment or sexual violence complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

VII.        RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Commissioner of Education, initiating civil action or seeking redress under state criminal statutes and/or federal law.

Administrative Rules

ED 303.01(j), 1-9

First Reading Coordination: 10/16/02

Second Reading and Approval BOSC: 11/12/02