Policy Details

4118.112 and 4218.112 Sexual Harassment

4118.112 / 4218.112

PERSONNEL

SEXUAL HARASSMENT

The Board of Education is committed to safeguarding the right of all employees within the school district to a work environment that is free from all forms of sexual harassment. Sexual harassment shall not be tolerated in the Litchfield School District. Employees and students are expected to adhere to a standard of conduct that is respectful and courteous to fellow employees and students and to the public. The Board recognizes that sexual harassment can originate from any person against any other person and from peers as well as supervisors.

Should sexual harassment be alleged, it shall be thoroughly investigated and addressed. Any employee who believes that they have been subjected to sexual harassment should report the alleged misconduct to the Title IX Coordinator or the Superintendent of Schools as soon as possible. All complaints will be treated confidentially. No adverse employment action will be taken against an employee making a good faith report under this policy.

Any employee who believes that they have been subjected to sexual harassment should report the alleged misconduct immediately so that an appropriate response may be taken. The Board upon learning of, or having reason to suspect the occurrence of any sexual misconduct, will ensure that an investigation is promptly conducted by appropriate individuals.

Training

Employees will regularly receive training regarding sexual harassment.

Definition

Sexual harassment is defined as "any unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature," made by someone from or in the work or education setting. Sexual harassment occurs when:

1. Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, participation, or progress, or

2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or educational decisions affecting the individual, or

3. The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment, or

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

Legal Reference: Civil Rights Act of 1964, Title VII, 42 U.S.C. §2000‑e2(a).

Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual Harassment, effective 10/15/88.

Title IX of the Education Amendments of 1972, 34 CFR § 106.

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)

Conn. Gen. Stat. § 46a‑60

Constitution of the State of Connecticut, Article I, § 20.


Litchfield Board of Education
Policy adopted: 7/13/2011
Policy revised: 3/1/2017

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