Claiborne County Schools

1. Claiborne County Schools Annual Harassment Training REVIEWED JULY 2019 Including Sexual Harassment, Discrimination, and Bullying For School System Employees

2. Training Objectives • Identify forms of harassment and bullying • Enhance understanding of preventive measures • Be familiar with federal and state laws, state and system policies regarding harassment and bullying • Know the complaint process and procedures • Identify specific corrective actions that will help remedy harassment and bullying situations on the job and in the classroom

3. Non-Discrimination It is the policy of the Claiborne County School System to maintain a learning and working environment that is free from discrimination/harassment of any type. Claiborne County Schools prohibits discrimination on the basis of race, sex, color, religion, age, veteran status or disability in provision of education programs and services or employment opportunities and benefits in pursuant to the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other state and federal laws.

4. Claiborne County Board of Education Policies • 5.500 Discrimination/Harassment of Employees (See Policy Handout) • 6.304 Student Discrimination, Harassment, Bullying, Cyber-bullying and Intimidation (See Policy Handout) These policies are in compliance with TSBA policies; state laws: TCA 49-6-3109 and TCA 49-2-120; and federal non-discrimination laws.

5. Title VII of the Civil Rights Act of 1964The Civil Rights Act of 1991 Prohibits discrimination based on • race • color • national origin • religion • sex

6. Pregnancy Discrimination Act of 1978 Amendment to Civil Rights Act Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII.

7. Age Discrimination in Employment Act of 1967 Prohibits discrimination against persons aged 40 and over based on age: • by employers in hiring, promotion, discharge, compensation, conditions, and privileges of employment; and • in classifying, limiting or segregating employees or job applicants.

8. What is Sexual Harassment? • Conduct of a sexual nature • Is unwelcome • Denies or limit’s an individual’s ability to participate in or receive the benefits of the recipient’s program.

9. What is Sexual Harassment? (cont.) • Conduct can take on may different forms depending on the harasser and the nature of the harassment. • Conduct can occur in any school program or activity and can take place in school facilities, on a school bus, or at other off-campus locations, such as a school-sponsored field trip or a training program at another location. • Conduct can be verbal, nonverbal, or physical.

10. Definition of Sexual Harassment Sexual harassment is unwanted sexual or gender-based behavior that occurs when one person has formal or informal power over the other. There are three elements to sexual harassment: • The behavior is unwanted or unwelcome. • The behavior is sexual or related to the gender of the person. • The behavior occurs in the context of a relationship where one person has more formal power than the other, such as a supervisor over an employee or a faculty member over a student; or more informal power, such as one peer over another.

11. Types of Sexual Harassment Sexual harassment exists when any of four conditions are met: • Submission to the conduct is made a term or condition, either explicitly or implicitly, of obtaining education or employment; (quid pro quo harassment) • Submission to or rejection of the conduct is used as a factor in decisions affecting that person’s education or employment; (quid pro quo harassment) • The conduct has either the purpose or effect of “substantially interfering with a person’s education or employment;” (hostile environment harassment) • The conduct creates an “intimidating, hostile or offensive: educational or work environment.” (hostile environment harassment)

12. Important Legal Terms • Quid pro quo harassment: Harasser requires sexual favors of victim in return for some action by harasser, or harasser retaliates against victim for denying sexual favors. • Hostile environment harassment: • Victim is usually subjected to unwelcome repeated sexual comments, innuendoes or touching, which alter conditions or interfere with school or employment performance or access to opportunities provided by the institution. • Conduct is gender-based, and creates an intimidating or offensive place for employees to work or students to go to school. • Can occur off campus grounds, e.g., school sporting event, on bus, on school trip, in college-sponsored internship programs. • Can be caused by teachers, administrators, bus drivers or other staff, students, vendors, or persons temporarily on campus.

13. Important LegalTerms (cont.) • Unwelcome:A way of determining whether conduct is sexual harassment. “Unwelcome”: means conduct was not wanted or willingly permitted. Victim may “voluntarily” submit to sexual intercourse, but behavior may still be considered unwelcome. • Reasonable person: A standard used by the U.S. Supreme Court to determine if conduct is sexual harassment. Sexual harassment if a reasonable person with the victim’s perspective would consider it so.

14. Types of Prohibited Conduct • Unwelcome sexual flirtations or propositions • Sexual slurs, leering, epithets, threats, degrading descriptions • Sexual jokes, pictures, notes, gestures • Unwanted touching • Graphic verbal comments about a person’s body, or overly personal conversation • Spreading sexual rumors • Blocking normal movement • An act of retaliation for reporting sexual harassment

15. Why Harassment Is Not Reported • Embarrassment • Belief that the behavior will end if ignored • Fear of losing job or status • Fear of retaliation • Fear of being blamed for inviting the harassment • Concern about not being believed • Concern about being labeled a troublemaker • Fear of harmful rumors and loss of privacy • Conviction that nothing will be done about the problem • Fear that the complaint process could be worse than the harassment

16. Psychological Effects of Sexual Harassment On the victim: shame, fear, humiliation, self-doubt, embarrassment, guilt, stress, powerlessness, withdrawal, isolation, degradation On the Work or Learning Unit: morale problems, tarnished reputations, decreased trust, confusion, shock On the Institution: lowered morale, public relations problems, loss of trust, hostile employee/student relations, polarization of men and women, anger toward institution, diminished reputation of institution, recruitment difficulties

17. Economic Effects of Sexual Harassment On the victim: loss of job, job search expenses, loss of seniority, loss of references, medical expenses, increased absenteeism, reduced productivity On the work or learning unit: reduced productivity, increased work load, supervisor’s performance review potentially affected, potential turnover costs for recruiting and training, safety can be jeopardized On the institution: legal expenses, cash settlements, reduced productivity, increase in use of benefits

18. Recourse for Victimsof Sexual Harassment • Tell the offender that the conduct is unwelcome and must stop. • Adopt a formal approach. • Refuse to answer personal questions. • Place a copy of the school’s sexual harassment policy on the offender’s desk or in his mailbox. • Send the harasser a letter that: • Provides a factual account of what happened. • Describe how the incident(s) made you feel. • Explain what you want to happen next. • Deliver the letter in person or mail it. • Keep a copy.

19. Personal Behavior Checklist Maintaining harassment-free schools and campuses is critical for encouraging: • An open learning environment • Productive and happy employees • Good relationships between students and employees of both genders Use the following checklist to consider your own behavior: • Does this behavior contribute to getting our goals accomplished? • Could this behavior hurt my fellow employees or other students if they were here? • Could this behavior be interpreted as harmful or harassing by an outsider? • Could this behavior be sending out signals that invite harassing behavior on the part or others?

20. Sexual Harassment • Sexual harassment is prohibited regardless of the sex of the harasser or the victim, i.e., sexual harassment may occur if the harasser and the victim are of the same sex. • For Title IX to apply, the discrimination must be based on sex, even where the harasser and victim are he same sex.

21. Sexual Harassment of Students in Schools Sexual harassment of students is illegal. A federal law, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex, including sexual harassment, in education programs and activities. All public and private education institutions that receive any federal funds must comply with Title IX, which protect students from harassment connected to any of the academic, educational, extracurricular, athletic, and other programs or activities of schools, regardless of the location. Both male and female students are protected from sexual harassment by any school employee, another student, or a non-employee third party.

22. Statistics on Sexual Harassment in Schools • 8 in 10 students (81 percent) say they have experienced some form of sexual harassment in school. • 2 in 3 students have been targets of sexual comments, touching, grabbing or pinching in a sexual way at school. • More than one-third (35 percent) of students who experience harassment report their first occurrence in 6th grade or earlier.

23. Statistics on Sexual Harassment in Schools (cont.) • 10th- and 11th- graders are more likely than 8th- and 9th- graders to experience physical harassment. • Slightly more than half (54 percent) of students said they have sexually harassed someone during their school lives. • Students who experience sexual harassment are most likely to react by avoiding the person who bothered or harassed them (40 percent), talking less in class (24 percent), not wanting to go to school (22 percent), changing their seat in class to get farther away from someone (21 percent), and finding it hard to pay attention in school (20 percent).

24. Statistics on Sexual Harassment in Schools (cont.) • Boys are more than twice as likely to say they have often or occasionally been called gay. • 7% of students have been harassed by teachers, with boys and girls equally likely to have this experience. • Not even half (40 percent) of students say they would be likely to complaint to a school adult if they were sexually harassed. Girls are twice as likely than boys. • 20% of harassed students say they told no one, boys are more likely than girls to tell no one. • from Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School (Commissioned by the American Association of University Women’s (AAUW) Educational Foundation), 2001.

25. Section 504 of theRehabilitation Act of 1973 • Prohibits discrimination against disabled Individuals • Serves as comprehensive component of civil rights legislation • Applies to all agencies that receive Federal Funding • Incorporates broad definition of disability

26. Section504states: “No otherwise qualified individual with a disability…shall solely by reason of his or her disability, be excluded from the participation in, be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance.”

27. Definition of a Disability UnderSection 504 1) Has a physical or mental impairment which substantially limits one or more of such person’s major life activities (self-care, walking, seeing, learning, breathing, speaking, working) 2) Has a record of such an impairment 3) Is regarded as having such an impairment

28. Section 504 requires: • Disabled students have an equal opportunity to compete when compared to their non-disabled peers. • Requires that no qualified disabled person shall be discriminated against or be excluded from participation in any activity. • Reasonable accommodations and/or modifications must be made to provide access to programs and facilities.

29. School Districts’Responsibilities Include: 1) Providing training for ALL employees annually on Section 504 2) Locating and identifying all children with disabilities who should be served 3) Providing a free, appropriate public education 4) Providing children with disabilities an equal opportunity to participate in nonacademic and extracurricular services and activities Claiborne County 504 Coordinator: Mrs. Dorothy Shuford

30. ReportingProcedures • Any person who believes he/she has been the victim of discrimination/harassment by a school system employee, another adult on school grounds or at school functions, another student, or any third person with knowledge of discrimination/harassment should report the alleged acts immediately to an appropriate school system official as designated by policy.

31. Reporting Procedures - continued • The school principal is the person responsible for receiving reports at the school level. The principal notifies the director of schools immediately without screening or investigating the report. A written report is also forwarded to the director. • If the complaint involves the school principal, the complaint shall be filed directly with the director of schools.

32. Dorothy Shuford, Claiborne County 504 Coordinator P.O. Box 179 Tazewell, TN 37879 (423) 626-3543 Reporting Procedures(cont.) • The Title IX coordinator is to receive complaints of sexual discrimination. • The pupil personnel supervisor receives the complaints of non-sexual discrimination • The name of the Title IX coordinators and the Title VI coordinator, including a mailing address and telephone number shall be posted. • Refer to school board policies 6.304 and 6.305 for additional information

33. Bullying: It’s Everyone’s Business Best Practices in Bullying Prevention in Tennessee

34. Tennessee Code Annotated 49-6-1015 Definition of “harassment, intimidation, or bullying” - Any act that substantially interferes with a student’s educational benefits, opportunities or performance, that takes place on school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop, and that has the effect of: • Physically harming a student or damaging a student’s • property; • Knowingly placing a student in reasonable fear of physical • harm to the student or damage to the student’s property; or • Creating a hostile educational environment.

35. Bullying…… is when someone repeatedly and on purpose says or does mean or hurtful things to another person who has a hard time defending him or herself. Bullying: • Is aggressive behavior that intends to cause harm or distress. • Is usually repeated over time. • Occurs in a relationship where there is an imbalance of power or • strength. • May include acts carried out by use of a computer, cell phone, or • other electronic means.

36. Bullying Can Take Many Forms • Physical Violence/Aggression • Examples: hitting, kicking, destroying property • Verbal Aggression • Examples: taunts, teasing, name-calling, and put-downs • Intimidation • Examples: threats, a dirty trick, taking possession of property, extortion or stealing money • Written Aggression • Examples: note writing, graffiti (drawing pictures about someone) • Social Alienation/Aggression • Examples: spreading rumors, excluding from group, silent treatment • Racial and Ethnic Harassment • Comments or actions containing racial or ethnic content which are unwelcome and make the victim uncomfortable. Examples: ethnic jokes, racial name calling, racial slurs • Sexual Harassment • Harassment via technology (email, text messaging, etc.)

37. Gender Differencesin Bullying • Boys tend to bully with direct bullying or physical or verbal aggression. • Girls tend to bully with indirect means such as social aggression. • Boys who bully tend to be 1 to 2 years older than their victims. Their victims can be either boys or girls. • Girl bullies tend to target other girls who are the same age to be their victims.

38. Gender Differences in Bullying (cont.) • Girls are more likely to be bullied by a group. • Girls are more likely to involve both boys and girls in their bullying pursuits against a victim. • Boys identify their behaviors as bullying more often than girls.

39. GroupBullying… • Bullies often have charisma and social power that is appealing to peers. • If bullies are given a great deal attention, peers are more likely to pattern their behaviors. • Peers have been found to be involved in 85% of all bullying episodes in one way or another.

40. GroupBullying(cont.)… • No matter what the internal experiences of the bystander are, the bully will experience their attention as a powerful approval that can increase the incidences of bullying. • Students who are repeatedly exposed to bullying become desensitized. • Bullies are commonly surrounded by peers.

41. Direct Bullying VS Indirect….. • Direct bullying: Face-to-face interactions that include physical attacks or any threatening or intimidating gestures. • Indirect bullying: Requires a third party, is often more subtle, and includes social isolation, rumor-spreading, and scapegoating.

42. Tennessee Cyber Bullying Policy “Cyber bullying” is defined as the use of information and communication technologies,-such e-mail, cell phone text or picture messages, instant messaging, an defamatory personal websites, social networking sites, and online personal polling sites - to support deliberate, hostile behavior intended to frighten or harm others.

43. Cyber Bullying • Cyber bullying is using the internet and other technology to bully students. • Email, instant messaging, online diaries, picture cell phones, web logs or blogs make it easier and quicker for students to make threats, pass on rumors or ostracize their peers. • Cyber bullying is no different than bullying in person. Students who are victims still suffer from the same risks as those being bullied in person.

44. Possible Effects of Cyber Bullying Many altercations at school begin with comments on social networking sites, text messages, instant messages, and emails sent outside of the school day. I H8 U

45. School Safety Issue Youth who reported being targeted by Internet harassment were eight times more likely than other youth to concurrently report carrying a weapon to school in the past 30 days. Ybarra et al. 2007

46. What Bullying IS NOT…. • Bullying is not a form of conflict between people where they are more or less on equal footing and have equal power.

47. Normal Conflict Versus Bullying Normal Conflict Bullying • Equal power • Happens occasionally • Accidental • Not serious • Equal emotional reaction • Imbalance of power • Repeated negative • actions • Purposeful • Serious, threat of • physical harm or • emotional hurt VS

48. Normal Conflict Versus Bullying Bullying Normal Conflict • Strong emotional • reaction on the part of • the victim • Seeking power, control • Trying to gain material • things or power • No remorse, blames • victim • No effort to solve • problem • Not seeking power or attention • Not trying to get something • Remorse, takes responsibility • Effort to solve the problem VS

49. Common Characteristics Among Youth Who Are Bullied • These children often stand out as different in some way because of - Appearance - Sexual orientation - Intellect - Socio-economic background - Cultural or religious background

50. Victimsof Bullying • Passive Victim • Nonassertive, submissive, cautious , quiet, cries easily, few friends, anxious, insecure, lacks humor and prosocial skills, physically weak