Redline Version GAEB Sexual Harassment of Employees

                                                                                                     Board Policy Manual
                                                                                             DeKalb County School District

 Board Policy GAEB: Sexual Harassment of Employees                                                               Status: DRAFT - 1st
                                                                                                                            Reading
 Original Adopted Date: 01/01/1900 | Last Revised Date: 12/07/2020 | Last Reviewed Date: 12/07/2020

REDLINE VERSION

Sexual Harassment of Employees
All employees of the DeKalb County School District are entitled to work in an environment free from harassment, including
sexual harassment and all other forms of discrimination. The District does not discriminate on the basis of sex and prohibits
sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including in
admission and employment.

The District's nondiscrimination policy and grievance procedures can be located at Board Policy GAAA.
Reports, complaints or inquiries about conduct that may constitute sex discrimination under Title IX, may be refereed to the
District's Title IX Coordinator, The U.S. Department of Education's Office for Civil Rights, or both. The District's Title IX
Coordinator can be reached at :

DeKalb County School District
Title IX Coordinator
1701 Mountain Industrial Blvd.
Stone Mountain, Georgia 30083
678 676-1200
titleixcoordinator@dekalbschoolsga.org
The grievance procedure is outlined in GAEB-R(1)

DEFINITIONS
For the purposes of this policy, the following definitions apply:
Complainant means:
(1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under
Title IX or its regulations; or
(2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex
discrimination under Title IX or its regulations and who was participating or attempting to participate in  the recipient's
education program or activity at the time of the alleged sex discrimination.
Complaint means an oral or written request to the recipient that objectively can be understood as a request for the recipient
to investigate and make a determination about alleged discrimination under Title IX or its regulations.​

Disciplinary sanctions are consequences imposed on a respondent following a determination under Title IX that the
respondent violated the recipient's prohibition on sex discrimination.
Party means a complainant or respondent.
Relevant means related to the allegations of sex discrimination under investigation as part of these grievance procedures.
Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred,
and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred. ​ ​

Remedies means measures provided, as appropriate, to a complainant or any other person the recipient identifies as having
had their equal access to the recipient's education program or activity limited or denied by sex discrimination. These
measures are provided to restore or preserve that person's access to the recipient's education program or activity after a
recipient determines that sex discrimination occurred.
Respondent means a person who is alleged to have violated the recipient's prohibition on sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an
employee or other person authorized by the recipient to provide aid, benefit or service under the recipient's education
program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because
the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any
manner in an investigation, proceeding, or hearing under the Title IX regulations.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex,
including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender
identity, that is:
    (1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit,
or service under the recipient's education program or activity explicitly or impliedly conditioning the provision of such an aid,
benefit, or service on a person's participation in unwelcome sexual conduct;
    (2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is
subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or
benefit from the recipient's education program or activity (i.e., creates a hostile environment). Whether a hostile environment
has been created is a fact-specific inquiry that includes consideration of the following:
       (i) The degree to which the conduct affected the complainant's ability to access the recipient's education program or
activity;
       (ii)The type, frequency, and duration of the conduct;
       (iii) The parties' ages, roles within the recipient's education program or activity, previous interactions, and other factors
about each party that may be relevant to evaluating the effects of the conduct;
       (iv) The location of the conduct and the context in which the conduct occurred; and
       (v) Other sex-based harassment in the recipient's education program or activity; or
(3) Specific offenses.
       (i) Sexual assault meaning an offense classified as a forcible or non-forcible sex offense under the uniform crime
reporting system of the Federal Bureau of Investigation;
       (ii) Dating violence meaning violence committed by a person:
              (A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
              (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
                            (1) The length of the relationship;
                            (2) The type of relationship; and
                            (3) The frequency of interaction between the persons involved in the relationship;
      (iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:
              (A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the
jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
              (B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
              (C) Shares a child in common with the victim; or
              (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic
violence laws of the jurisdiction; or
     (iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person
to:
             (A) Fear for the person's safety or the safety of others; or
             (B) Suffer substantial emotional distress.
Supportive measures are individualized measures offered as appropriate, as reasonably available, without unreasonably
burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant
or respondent to:
       (1) Restore or preserve that party's access to the recipient's education program or activity, including measures that are
designed to protect the safety of the parties or the recipient's educational environment; or
       (2) Provide support during the recipient's grievance procedures or during an informal resolution process.
In accordance with state and federal laws, the District prohibits harassment and discrimination on the basis of race, color, sex,
gender, sexual orientation, national origin, ancestry, religion, age, disability, genetic information, service in the uniformed
service or any other legally protected status.

Harassment is a form of misconduct that undermines the integrity of the employment relationship and is prohibited by this
policy. This prohibition includes, but is not limited to, offensive verbal or physical conduct by supervisory or non-supervisory
staff.
Sexual harassment is a form of misconduct based on sexual overtures that undermines the integrity of the employment
relationship. No employee, male or female, shall be subjected to unsolicited and unwelcomed sexual overtures or conduct of
a verbal or physical nature.

Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or
implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an
intimidating, hostile, or offensive work environment.

Such conduct, whether committed by supervisors or by non-supervisory personnel, is specifically prohibited by law and by
this policy. This prohibition includes, but is not limited to, unwelcome sexual flirtations or propositions, verbal abuse or
abusive physical conduct of a sexual nature, graphic or degrading verbal comments about an individual's appearance, or the
display of sexually suggestive objects or pictures. Furthermore, no supervisor or employee shall threaten or insinuate, either
explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's
employment, evaluation, wages, advancement, assigned duties, work shifts, or any other condition of employment or career
development.
It is the duty of all employees to promptly report harassment forbidden by this policy. If employees believe they have
witnessed or have been subjected to any act of harassment, they should immediately report the behavior in accordance with
Administrative regulation GAEB-R(1).

The District should promptly, thoroughly and impartially investigate claims of harassment or discrimination. The District
should take appropriate disciplinary action when it is determined harassment or discrimination has occurred.

No one will be subjected to, and the District prohibits, any form of discipline, reprisal, intimidation or retaliation for good faith
reporting of incidents of any kind, pursuing a harassment claim or cooperation in related investigations. Any employee who
retaliates against such person as a result of their participation in the process will be subject to disciplinary action.

The Superintendent, his/her designee, and/or the appropriate designated staff are authorized to develop the processes and
procedures that are regulations necessary to implement this policy.

Nothing in this policy is intended to create rights beyond those already created by federal and/or state law.

Supporting Links
FIRST READ ~ Amendment to the Bylaws & Policies: Board Policy GAEB, Sexual Harassment of Employees -
https://simbli.eboardsolutions.com/SB_Meetings/ViewMeeting.aspx?S=4054&MID=88982