SEXUAL HARASSMENT PROHIBITION (#7020)
1. STATEMENT OF POLICY
A. The Otsego Northern Catskills BOCES acknowledges that sexual harassment is a violation of both Federal and New York State laws. The Otsego Northern Catskills BOCES is committed to a policy that sexual harassment constitutes illegal behavior and that our employees and students and others associated with the Otsego Northern Catskills BOCES have a right to be free from sexual harassment at each of the BOCES’ premises.
B.1. The Otsego Northern Catskills BOCES adopts the Equal Employment Opportunity Commission definition of sexual harassment which makes it illegal for any student or employee, male or female, to make unwelcome sexual advances or requests for sexual favors, and/or engage in any other verbal or physical conduct of a sexual nature when (a)submission to the conduct is in implicit term or condition of employment or education, or (b) submission to or refection of the conduct is used as a basis for a decision affecting employment or education of the person(s) rejecting or submitting to the conduct has the purpose or effect of unreasonably interfering with an effected person’s work or educational performance or creating an intimidating, hostile or offensive employment or educational environment.
B.2. A person who believes he or she is a victim of this type of sexual harassment should report the alleged acts in accordance with the Report Procedure in Section II.
2. REPORTING PROCEDURES
A. The Otsego Northern Catskills BOCES recognizes sexual harassment as a form of employee or student misconduct, and provides affected employees and students with right of redress and complaint resolution channels for incidents of sexual harassment.
B. Any person who believes he or she has been the victim of sexual harassment by a student or employee of the Otsego Northern Catskills BOCES, or any third person with knowledge or belief of conduct which may constitute sexual harassment, should report the alleged acts immediately to his or her immediate supervisor, or in a case involving an immediate supervisor, to the officials designated by this policy as a Compliance Officer, or in a case involving a student, to the Building Principal.
C. Upon receipt of a report, the immediate supervisor or Building Principal must notify any of the Compliance Officers immediately without screening or investigating the complaint. If the report was given verbally, rather than on the report form, he or she shall reduce it to written form within twenty-four (24) hours and forward it to either of the compliance officers.
D. The board designates the two Assistant Superintendents and in cases involving students, the Building Principals as the Compliance Officers to receive reports or complaints of sexual harassment. Only if the complaint involves any of the Compliance Officers shall the complaint be filed directly with the District Superintendent.
E. The Compliance Officers, upon receipt of a report or complaint of sexual harassment, shall immediately initiate an investigation. This investigation shall be conducted by the Compliance Officers or by a third party designated by the District Superintendent. The investigating party shall provide a written report to the District Superintendent and, if a third party, to the Compliance Officers.
F. The Otsego Northern Catskills BOCES may take immediate and necessary action to protect the complainant pending completion of an investigation of alleged sexual harassment.
G. Upon notification of the offense an administrative referral will be made, 1-5 days out of school suspension, notificatioin of authorities and / or law enforcement and dismissal hearing.
H. The Compliance Officers shall make a report to the District Superintendent and the Board of Education upon completion of the investigation.
3. The Otsego Northern Catskills BOCES will enforce appropriate sanctions against employees or students or students engaging in sexual harassment, including warning, reprimand, suspension or discharge. Any action taken pursuant to this policy will be consistent with requirements of applicable law, collective bargaining agreements and Board policies.
4. Training for appropriate staff in each department shall be given on the identification of sexual harassment, how to process complaints and the role and responsibility of supervisory personnel in the prevention of sexual harassing incidents.