PREVENTING SEXUAL HARASSMENT IN SCHOOLS / ETHICS TRAINING

1. HCISD Human Resources Department PREVENTING SEXUAL HARASSMENT IN SCHOOLS / ETHICS TRAINING VELA MIDDLE SCHOOL 2012-2013 SCHOOL YEAR

2. Sexual HarassmentPrevention

3. A LEGAL DEFINITION: Sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. • EXAMPLES: • Unwelcomed • Can be physical, verbal or nonverbal • Severe and pervasive • Unreasonably interferes with an individual’s work performance

4. What are the different types of sexual harassment? Quid Pro Quo - something for something • A form of sexual harassment typically only supervisors, those with supervisory authority; or teachers/instructors can engage in. Requires an individual to choose between submission or a negative consequence for failure to submit.

5. Hostile Environment • Making unwelcome sexual advances or other verbal or physical conduct of a sexual nature with the purpose of, or that creates the effect of, unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

6. Hostile Work/Educational Environment • Unreasonable interference, intimidation, abuse • Typically repetitive rather than a single episode • Verbal - sexual comments about appearance, innuendoes, off-color jokes, vulgar or explicit language or questions, including Text/picture messages. • Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, email. • Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing.

7. 3.9 The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, electronic forums (chat rooms), video-sharing, or other social network communication.

8. A certified or licensed employee, or any other employee designated in writing by the Superintendent or a campus principal, may use electronic media to communicate with currently enrolled students about matters within the scope of the employee’s professional responsibilities. • All other employees are prohibited from using electronic media to communicate directly with students who are currently enrolled in the District.

9. The nature, purpose, timing, and amount of the communication; • The subject matter of the communication; • Whether the communication was made openly or the educator attempted to conceal the communication; • Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; • Whether the communication was sexually explicit; and • Whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

10. A certified educator holds a unique position of public trust with almost unparalleled access to the hearts and minds of impressionable students. Therefore, the conduct of an educator must be held to the highest standard.

11. DIA (LOCAL) The District prohibits discrimination, including harassment, against any employee on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of District policy. FFH (LOCAL) An employee shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual

12. When one who has the authority to address the alleged discrimination and to institute corrective measures has actual knowledge of discrimination and fails to adequately respond. Gebser v. Lago Vista ISD 118 S. Ct. 1989 (1998)

13. Strict Liability– Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe. Vicarious Liability– Liability that an employer bears for the actionable conduct of an employee based on the relationship between the two parties

14. HCISD What’s your responsibility? • As an employee of Harlingen CISD, you have a duty to promote a learning environment that is free of sexual harassment. • As an employee of Harlingen CISD, you have a duty to respond promptly if you see something that isn’t right…it is your obligation to tell the truth and report it to administration as soon as you see a violation of Board Policy. • You have a duty to report any and all concerns regarding sexual harassment to your campus’/departments’ Title IX Coordinator ASAP. • Remember that liability begins when nothing is done!!!

15. A word of caution… • Sexual harassment behavior can be a “career killer”. • Even unsubstantiated allegations can be very damaging. • Don’t take unnecessary risks!

16. HCISD BOARD POLICIES • CORPORAL PUNISHMENT • PHYSICAL RESTRAINT

17. FO (LOCAL) : CORPORAL PUNISHMENT • The Board prohibits the use of corporal punishment in the District. Students shall not be spanked, paddled, or subject to other physical force as a means of discipline for violations of the Student Code of Conduct. • PHYSICAL RESTRAINT • Within the scope of an employee’s duties, a District employee may physically restrain a student if the employee reasonably believes restraint is necessary in order to: • Protect a person, including the person using physical restraint, from physical injury. • Obtain possession of a weapon or other dangerous object. • Remove a student refusing a lawful command of a school employee from a specific location, including a classroom or other school property, in order to restore order or to impose disciplinary measures. • Control an irrational student. • Protect property from serious damage.

18. FOF (LEGAL): STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES RESTRAINT: A school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations: Restraint shall be limited to the use of such reasonable force as is necessary to address the emergency. Restraint shall be discontinued at the point at which the emergency no longer exists. Restraint shall be implemented in such a way as to protect the health and safety of the student and others. Restraint shall not deprive the student of basic human necessities. 19 TAC 89.1053(c)

19. FOF (LEGAL): STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES “Restraint” means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student’s body. “Emergency” means a situation in which a student’s behavior poses a threat of: Imminent, serious physical harm to the student or others; or Imminent, serious property destruction. 19 TAC 89. 1053(b)(1)– TRAINING: Training for school employees, volunteers, or independent contractors regarding the use of restraint shall be provided according to the requirements set forth at 19 Administrative Code 89.1 053(d).

20. Ethics in the Workplace

21. The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community.

22. What kinds of behavior can lead to disciplinary action by SBEC? SBEC may take disciplinary action against a certified educator (employee) for the following reasons: An educator (employee) has conducted school or education activities in violation of law; An educator (employee) is unworthy to instruct or supervise the youth of the state; An educator (employee) has violated the Code of Ethics; An educator (employee) has failed to report or has hindered the reporting of child abuse or the known criminal history of an educator as required by law and Board rules; An educator (employee) has abandoned his or her contract; An educator (employee) has failed to cooperate with a Board investigation; An educator (employee) has been convicted of a crime directly related to the duties and responsibilities of the education profession, or An educator (employee)has violated the security or integrity of a state assessment. The above list is not exclusive. SBEC may take disciplinary action against an educator on other grounds or measures available by law.

23. What kinds of crimes does SBEC consider to be directly related to the duties and responsibilities of the education profession? Any crime involving moral turpitude; Any crime involving sexual or physical abuse of a minor or student or other illegal conduct with a minor or student; Any crime for which the underlying facts would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance; Any crime involving school property or funds; Any crime involving an attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle a person to hold or obtain a position as an educator; Any crime that occurs wholly or in part on school property or at a school- sponsored activity; or Felonies involving driving while intoxicated. DH (LOCAL)

24. No, SBEC can investigate and discipline anyone who holds a certificate issued under Chapter 21, Subchapter B of the Texas Education Code. This includes teachers, librarians, counselors, educational diagnosticians, administrators and paraprofessionals. Additionally, HCISD will investigate and discipline any employee who violates board policy.

25. INAPPROPRIATE RELATIONSHIPS • Employees shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [See FFH]

26. TOBACCO USE ON PUBLIC SCHOOL PROPERTY • Employees shall not use tobacco products on District premises, in District vehicles, or at school or school-related activities. [See also GKA]

27. DRUGS & ALCOHOL Employees shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while at school or at school-related activities during or outside of usual working hours: • Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate. • Alcohol or any alcoholic beverage. • Any abuseable glue, aerosol paint, or any other chemical substance for inhalation. • Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs. An employee need not be legally intoxicated to be considered “under the influence” of a controlled substance.

28. ARRESTS & OTHER LEGAL ISSUES • An employee shall notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of the other offenses as indicated below: • Crimes involving school property or funds; • Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;

29. ARRESTS & OTHER LEGAL ISSUES • Crimes that occur wholly or in part on school property or at a school-sponsored activity; or • Crimes involving moral turpitude, which include: • Dishonesty, fraud, deceit, theft, misrepresentation; • Deliberate violence; • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;

30. ARRESTS & OTHER LEGAL ISSUES • Felony possession or conspiracy to possess, or any misdemeanor or felony, transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in Chapter 481 of the Health and Safety Code; • Felony driving while intoxicated (DWI) or Acts constituting abuse or neglect under the Texas Family Code; or • Acts constituting public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct, if any two or more acts are committed within any 12-month period.

31. DRESS & GROOMING STANDARDS • The dress and grooming of District employees shall be clean, neat, in a manner appropriate for his or her assignments, and in accordance with the following standards: • An employee shall be are expected to dress in a manner that projects a professional image for the employee, District, and community. • Style of clothing for males and females shall always reflect a professional and business-like atmosphere. Dresses, slacks, skirts, and blouses for females should not attract unfavorable attention. Males shall be expected to wear slacks, shirts, or appropriate professional attire. • Administrators and supervisors shall have the discretion to determine appropriateness of attire for all personnel in certain grades or subjects (physical education, agriculture, auto mechanics, building trades, special education), or for medical necessities.

32. DRESS & GROOMING STANDARDS The following standards shall apply: • Cleanliness and neatness are expected of all staff at all times. • Halters, garments with bare shoulders, bare backs, tank tops, spaghetti straps, muscle shirts, see-through garments, and revealing or provocative necklines shall not be permitted. In addition, clothing with symbols, inappropriate language, phrases or slogans advertising tobacco, alcohol products, controlled substances or political advertisements is unacceptable.

33. What To Do Self advocate Say NO Report sexual harassment and unethical behavior immediately