Cut Bank School District

 

PERSONNEL 5012

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Sexual Harassment/Sexual Intimidation in the Workplace

 

The District shall do everything in its power to provide employees an employment environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal law.

 

District employees shall not make sexual advances or request sexual favors or engage in any conduct of a sexual nature when:

 

(1)            Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment;

 

(2)            Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

 

(3)            Such conduct has the purpose or effect of substantially interfering with the individuals work performance or creating an intimidating, hostile, or offensive working environment.

 

Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms intimidating, hostile, or offensive include, but are not limited to, conduct which has the effect of humiliation, embarrassment, or discomfort. Sexual harassment will be evaluated in light of all of the circumstances.

 

A violation of this policy may result in discipline, up to and including discharge. Any person making a knowingly false accusation regarding sexual harassment will likewise be subject to disciplinary action, up to and including discharge.

 

Aggrieved persons who feel comfortable doing so, should directly inform the person engaging in sexually harassing conduct or communication, that such conduct or communication is offensive and must stop.

 

Employees who believe they may have been sexually harassed or intimidated should contact the Title IX coordinator or an administrator, who will assist them in filing a complaint. An individual with a complaint alleging a violation of this policy shall follow the Uniform Grievance Procedure.

 

 

 

Cross Reference: 3215 Uniform Grievance Procedure


5012

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Legal Reference: Title VII of the Civil Rights Act, 42 U.S.C. 2000(e), et seq., 29 C.F.R.

1604.11

Title IX of Education Amendments, 20 U.S.C. 1681, et seq.

Montana Constitution, Art. X, 1

49-2-101, MCA Human Rights Act

Harris v. Fork Lift Systems, 114 S.Ct. 367 (1993)

 

Policy History:

Adopted on:

Revised on: