DISCRIMINATION, HARASSMENT, AND RETALIATION

1. DISCRIMINATION, HARASSMENT, AND RETALIATION And other forms of Prohibited Conduct

2. PROHIBITED CONDUCT Includes discrimination, harassment, and retaliation as defined, even if the behavior does not rise to the level of unlawful conduct. Policy DIA (LOCAL)

3. STATEMENT OF NONDISCRIMINATION C-FB 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.

4. DISCRIMINATION DEFINED • Discrimination against an employee is conduct directed at an employee on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law.

5. Prohibited Harassment Defined • Physical, verbal, or nonverbal conduct based on an employee’s race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law when the conduct is so severe, persistent, or pervasive that the conduct: • Has the purpose or effect of unreasonably interfering with the employee’s work performance; • Creates an intimidating, threatening, hostile, or offensive work environment; or • Otherwise adversely affects the employee’s performance, environment, or employment opportunities.

6. EXAMPLES OF PROHIBITED HARASSMENT • Offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, gender identity, or need for workplace accommodation • Threatening or intimidating conduct • Offensive jokes, name calling, slurs, or rumors • Physical aggression or assault • Display of graffiti or printed material promoting racial, ethnic, or other stereotypes; or • Any other types of aggressive conduct such as theft or damage to property

7. It is not harassment if an employee is being directed to perform the essential functions or being offered guidance on his/her job. • It is harassment if employment decisions are made based on a protected class.

8. SEXUAL HARASSMENT DEFINED • A form of gender discrimination such as • Unwelcome sexual advances • Requests for sexual favors • Sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when…

9. SEXUAL HARASSMENT DEFINED • Submission to the conduct is either explicitly or implicitly a condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or • The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance or creates an intimidating, threatening, hostile, or offensive work environment.

10. SEXUAL HARASSMENT DEFINED • For any conduct to constitute sexual harassment or other prohibited harassment, it must be unwelcome by the individual complaining of the conduct EXCEPT in Employee-to-Student situations. Employee-to-Student harassment is ALWAYS considered to be unwelcome. • Conduct which may be offensive to one person may not be to another • The victim has an obligation to tell the harasser that he/she finds the conduct offensive • If the behavior continues beyond that point, then it is sexual harassment or other prohibited harassment. • A single incident can constitute sexual harassment if it is an occurrence such as sexual assault.

11. EXAMPLES OF SEXUAL HARASSMENT • Sexual advances • Touching intimate body parts • Coercing or forcing a sexual act on another • Jokes or conversations of a sexual nature • Other sexually motivated conduct, communication, or contact

12. RETALIATION • C-FB prohibits retaliation against an employee who makes a claim alleging to have experienced discrimination or harassment or another employee who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation. • May include termination, refusal to hire, demotion, and denial of promotion • May also include threats, unjustified negative evaluations, unjustified negative references, or increased surveillance

13. Appropriate Discipline • An employee who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation regarding harassment or discrimination is subject to appropriate discipline.

14. REPORTING PROCEDURES • An employee who believes that he or she has experienced prohibited conduct or believes that another employee has experienced prohibited conduct should immediately report the alleged acts to: • Supervisor or Campus Principal • Title IX Coordinator (Trini Garza) • ADA/Section 504 Coordinator (Benita Gordon) • Superintendent (Dr. Bobby Burns)

15. REPORTING PROCEDURES (Cont) • An Employee shall not be required to report prohibited conduct to the person alleged to have committed it. Reports against the Title IX Coordinator or the ADA/Section 504 Coordinator may be made to the Superintendent. • A report against the Superintendent may be made directly to the Board of Trustees.

16. TIMELY REPORTING • Make your report as soon as possible after the alleged act or knowledge of the alleged act • Failure to report promptly may impair the District’s ability to investigate and address the prohibited conduct • Any District supervisor who receives a report of prohibited conduct shall immediately notify the appropriate District official

17. Investigation Procedure • Investigation should be completed within ten District business days from the date of the report (Board Policy DIA (LOCAL)) • If investigation results indicate that prohibited conduct occurred, The District shall take appropriate disciplinary or corrective action reasonably calculated to address the conduct • A complainant dissatisfied with the outcome of the investigation may appeal through Board Policy DGBA (LOCAL). • Confidentiality is practiced during the investigation to the greatest extent possible.

18. Employee ResponsibilityProtect Yourself from a Charge of Any Kind of Harassment • Do not socialize with students • Stop whatever you are doing if you sense discomfort from a student/employee • Dress appropriately for the school environment • Conduct yourself in a business-like manner

19. Protecting Students from Discrimination, Harassment and Retaliation An overview for C-FB employees

20. STATEMENT OF NONDISCRIMINATION C-FB prohibits discrimination, including harassment, against any student on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law. The district prohibits dating violence as defined in Policy FFH (LOCAL) Retaliation against anyone involved in the complaint process is a violation of District policy.

21. Prohibited Harassment • Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, national origin, disability, or any other basis prohibited by law that is so severe persistent or pervasive that the conduct

22. Prohibited Harassment (cont) • Affects the student’s ability to participate in or benefit from an educational program of activity, or creates an intimidating, threatening, hostile, or offensive educational environment; • Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or • Otherwise adversely affects the student’s educational opportunities. Prohibited Harassment includes dating violence as defined by this policy

23. EXAMPLES OF PROHIBITED HARASSMENT Offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, gender identity, or need for workplace accommodation Threatening or intimidating conduct Offensive jokes, name calling, slurs, or rumors Physical aggression or assault Display of graffiti or printed material promoting racial, ethnic, or other stereotypes; or Any other types of aggressive conduct such as theft or damage to property

24. Examples of Employee to Student Harassment • Sexual Harassment of a student by a District employee includes both welcome and unwelcome sexual advances • Requests for sexual favors • Sexually Motivated physical, verbal or nonverbal conduct or communication of a sexual nature when:

25. Employee to Student Harassment (Cont) • A district employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or • The conduct is so severe persistent or pervasive that it:

26. Employee to Student Harassment (cont) • a. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or • b. Creates an intimidating threatening, hostile, or abusive educational environment

27. Student to Student Harassment • Sexual harassment of a student, including harassment by another student is conduct that is so severe, persistent, or pervasive that it:a. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; • b. Creates an intimidating threatening, hostile, or abusive educational environment; or • c. Otherwise adversely affects the student’s educational opportunities

28. Dating Violence Defined • Dating Violence occurs when one partner in a dating relationship, either past or current, intentionally uses physical, sexual, verbal, or emotional abuse to harm , threaten, intimidate, or control the other partner

29. Examples of Dating Violence • Name-calling, put-downs • Threats to hurt the student or student’s family members • Destroying property belonging to the student • Threats to commit suicide or homicide if the student ends the relationship • Stalking • Or encouraging others to engage in these behaviors

30. Retaliation • The District prohibits retaliation against a student alleged to have experienced discrimination or harassment, including dating violence, or another student who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation. • A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation is subject to appropriate discipline.

31. Examples of Retaliation • Threats • Unjustified punishments • Unwarranted grade reductions

32. Reporting • Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to a teacher, counselor, principal, or other District Employee • A Student shall not be required to report prohibited conduct to the person alleged to have committed the conduct. • Alternatively, a student may report prohibited conduct to The Designated Title IX Coordinator, Michelle Bailey or ADA/Section 504 Coordinator, Tracy Smith

33. Notifications • Any District employee who receives notice that a student has or may have experienced prohibited conduct shall immediately notify the appropriate District official listed previously • The District official or designee shall promptly notify the parents of any student alleged to have experienced prohibited conduct by a District employee or another adult.

34. Investigation • Absent extenuating circumstances, the investigation should be completed within ten District business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation. • The investigator shall prepare a written report of the investigation. The report shall be filed with the District Official overseeing the investigation

35. Employee ResponsibilityProtection of Students • Treat students’ complaints of sexual harassment or harassment seriously; do not ever take such allegations lightly. • If you see sexual harassment or harassment of any type occurring, stop it! • Make appropriate discipline referrals in accordance to the Student Code of Conduct. • Immediately report the conduct and your actions of remediation to your supervisor/principal. • Be sure that the report is in writing; dated and signed.

36. Notice of Employee Responsibilities for Reporting Child Abuse and Neglect An overview for C-FB employees

37. Educator Responsibilities Regarding Suspected Neglect • Anyone who suspects that a child has been or may be abused or neglected has a legal responsibility, under state law, for reporting the suspected abuse or neglect to law enforcement or to Child Protective Services (CPS). • Any District employee, agent, or contractor has an additional legal obligation to submit the oral or written report within 48 hours of learning of the facts giving rise to the suspicion.

38. Educator Responsibilities Regarding Suspected Neglect • The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services can be reached (1-800-252-5400) or on the Web at www.txabusehotline.org; • Reporting your suspicion to a school counselor, a principal, or to another school staff member does NOT fulfill your responsibilities under the law. Furthermore, the District cannot require you to report your suspicion first to a school administrator.

39. School District LiabilityPersonal Liability Deliberate Indifference • 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)

40. School District LiabilityPersonal Liability • An administrator who shows deliberate indifference by failing to investigate and prevent the abuse of a student can be held liable for a subordinate’s abuse of a student. Doe v. Taylor ISD • Administrators must take action when sexual harassment claims are reported to protect students and avoid personal liability.

41. Failure to Report • By failing to report a suspicion of child abuse or neglect: You may be placing a child at risk of continued abuse or neglect; • You are violating the law and may be subject to legal penalties, including criminal sanctions; • You are violating Board policy and may be subject to disciplinary action, including possible termination of your employment; and • Your certification from the State Board for Educator Certification may be suspended, revoked, or canceled.

42. State law specifically prohibits school officials from: • Denying an investigator’s request to interview a child at school in connection with an investigation of child abuse or neglect; or • Requiring that a parent or school employee be present during the interview. • School personnel must cooperate fully and may not interfere with an investigation of reported child abuse or neglect.

43. Related Board Policies • Policy DIA (Local) • Outlines District Policy for protecting employees against Harassment • Policy FFH (Local) • Outlines District Policy for protecting students against Harassment • Policy DGBA (Local) • Outlines Grievance Process if an employee feels the District has not followed it’s policies • Policy FNG (Local) • Outlines Grievance Process if a student or parent feels the District has not followed it’s policies • Policy FFG (Exhibit) • Notice of Employee Responsibilities for Reporting Child Abuse and Neglect