Board Policy GAEB: Sexual Harassment of Employees

GAEB · Policy · Last revised 12/07/2020 · Last reviewed 12/07/2020 · Adopted 01/01/1900

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. 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 staff are authorized to develop the processes and procedures that are necessary to implement this policy.

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

Legal References