Regulation GAEB-R(1): Sexual Harassment of Employees

Objective

This document sets forth the procedures for implementation of the DeKalb County Board of Education’s (“Board”) Policy GAEB.

The Board has authorized the Superintendent to prohibit any and all forms of harassment or bullying, including sexual harassment, on DeKalb County School District (“District”) property or at District-sanctioned events. It is a violation of the Board’s Policy for any employee to harass or bully any person on District property or at District-sanctioned events. An employee who wishes to report the harassment or bullying of any other employee should do so in accordance with the procedures set forth in this Administrative Regulation.

Further, it is a violation for employees to engage in bullying conduct away from District property or events. An individual may be disciplined if: (1) off-campus behavior includes threats of harm to person or property; (2) off-campus behavior results in a material and substantial disruption of the orderly conduct of school business or activities; or (3) off-campus behavior interferes with the learning environment or the rights of others at school.

1. Definitions

2. “Bullying” is behavior that may reasonably be perceived by the victim or bystander observing the behavior as being based on a real or perceived characteristic, including, but not limited to, race, color, sex, religion, creed, political belief, age, national origin, linguistic or language difference, sexual orientation, gender identity/expression, socioeconomic status, height, weight, physical characteristics, marital status, parental status, or physical, mental, or sensory disability. It typically occurs in a context where there is a real or perceived imbalance of power, physical or social, between the bully and the victim. Bullying is a physical act or gesture, or a verbal, written, or electronically communicated expression directed at one or more persons that:

3. A reasonable person should expect will:

4. Cause physical harm or emotional distress to a person or damage his or her property, or

5. Place a person in reasonable fear of physical harm, emotional distress or damage to his or her property; and

6. Is so severe, persistent, or pervasive that it creates an intimidating, hostile work or educational environment for the person at whom the conduct is directed.

7. “Complainant” means any employee who files a Complaint in accordance with this Administrative Regulation.

8. “Complaint” means any claim by an employee who believes either that he or she:

9. Has been subjected to harassment or bullying in violation of Board Policy; or

10. Has witnessed another employee being subjected to harassment or bullying in violation or Board Policy.

11. “Sexual Harassment” encompasses unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

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

13. Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting such individual; or

14. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

15. Filing a Complaint

Any employee who believes that he or she has been subjected to harassment or bullying should immediately notify the Office of Internal Affairs, as the designee for the Superintendent, in person, by telephone, by e-mail, or otherwise in writing of the incident(s) giving rise to such harassment or bullying. The Office of Internal Affairs will schedule an appointment in person with the complaining party at the earliest practicable time to secure the details and circumstances giving rise to the Complaint. Investigations shall be prompt, thorough, and impartial. The time frame is as follows:

1. ​​​​​​​The Complainant shall be entitled to file a Complaint with the Office of Internal Affairs within thirty (30) calendar days from the most recent incident upon which the Complaint is based; and

2. The total time frame for the investigation shall not exceed sixty (60) working days from the receipt of the Complaint until notification to the Complainant of the decision rendered by the Office of Internal Affairs. Under unusual circumstances when it is not feasible to produce a satisfactory investigative determination within sixty (60) working days, the Office of Internal Affairs may extend the timeframe as may be necessary.

3. Investigation

The Office of Internal Affairs will conduct an investigation to determine whether the Complaint has a basis in fact. Such investigation will include an interview with the charged party or parties, interviews with witnesses, if any, and an examination of any relevant documents.

1. Resolution of the Complaint

In the event that it is determined that the charging party has been a victim of harassment or bullying, the Office of Internal Affairs will recommend such relief as is necessary to remedy the matter. Furthermore, such recommendation will include the sanctions deemed necessary to insure that the charged party does not repeat or continue to engage in such acts of harassment or bullying. Such sanctions may include a conference, reassignment, letter of direction, letter of reprimand, suspension, and/or termination. The Board Policy does not remove statutory rights that an employee would otherwise have.

1. Confidentiality of Proceedings

The filing of a Complaint; investigation of the Complaint; and identity of the charging party, charged party, and any witnesses to the incident will be maintained in confidence by the Office of Internal Affairs. Only those persons who have a need to know for purposes of the investigation or resolution of the Complaint will be informed of the fact that a Complaint has been filed and/or the names or identities of the persons involved. Any employee who releases information concerning the Complaint, or identity of persons involved will be subject to disciplinary action.

1. No Retaliation

No employee who files a Complaint, or participates in the investigation or resolution of a Complaint of harassment or bullying will be subjected to any form of retaliation. Any employee who retaliates against such person as a result of their participation in the process will be subject to disciplinary action.

1. Publication and Notification

​​​​​​​The Board’s Policy on harassment and bullying and this procedure will be provided to and explained to all employees. A copy of these documents shall be provided to each employee annually, via electronic transmission. All employees shall sign a form verifying that they have received such information and training.