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TCOE Policy
What To Do If You Are Being Sexually
Harassed
What is Sexual Harassment?
Prohibits
discrimination in
employment
Education Code 212.5 defines
Sexual Harassment as….
Unwelcome advances, requests for sexual
favors, and other verbal, visual or physical
conduct of a sexual nature, made by someone
from or in the work or educational setting
under the following conditions:
Sex-Based Harassment
Allegations that an employee has been harassed
because of his/her sex even though the harassing
conduct is not sexual in nature.
Bystander Harassment
A bystander witnesses the sexual
harassment and becomes fearful or
intimidated.
What Are Behaviors that Are
Considered Forms of Harassment?
Unwanted Sexual Advances
Continuing to express sexual interest after being
informed or otherwise made aware that the interest
is unwelcome.
Favors
Offering favors or employment benefits, such as
promotions, favorable performance evaluations,
favorable assigned duties, recommendations,
reclassifications, etc., in exchange for sexual
favors.
Other Prohibited Behaviors
Reprisals
Making reprisals, threats of reprisals, or implied
threats of reprisals following a negative response to
sexual advances.
For example: either threatening to withhold or actually
withholding support for an appointment, promotion, or
change of assignment, or suggesting that a poor
performance appraisal will be given
Other Prohibited Behavior
Visual Conduct
Leering, sexual gestures, display of sexually
suggestive objects or pictures, cartoons,
posters, drawings or graffiti, magazines,
sexual toys or objects or other material,
sending sexually explicit email messages.
Other Prohibited Behavior
Physical Contact
Any offensive or uninvited touching,
brushing against, or impeding or blocking
movement.
Employees May be Held
Personally Liable for Their Own
Action or Inaction.
Failure to Report Harassment
Retaliation by Harasser
Discipline up to termination if foundguilty of harassment
If the harasser is sued by the employee, the harasser could
be held liable for economic and non-economic damages to
the person who was harassed
Is it Really Sexual Harassment?
Is this verbal or physical behavior of a sexual
nature?
Is this conduct offensive to the person(s) who
witnessed it?
Is this behavior being initiated by only one of
the parties that has power over the other?
Does the employee have to tolerate the
conduct in order to keep his/her job?
Does the conduct make the employee’s job
unpleasant?
Behaviors that Contribute to a
Hostile Environment
Unfulfilled threats to impose a sexual quid pro
quo;
Discussing sexual activities;
Telling off-color jokes of a sexual nature;
Unnecessary touching;
Commenting on physical attributes;
Using demeaning or inappropriate terms, such
as “babe,” “stud,” “honey,” “sweetheart,” etc.;
Behaviors that Contribute to a
Hostile Environment
Displaying sexually suggestive pictures;
Using indecent gestures;
Engaging in physical contact;
Granting job favors to those who
participate in consensual sexual activity;
Using crude and offensive language.
The Office is Deemed to “Know”
About Harassment if…
An employee files a complaint.
An employee witnesses the harassment.
It is important that a witness tell their supervisor
immediately about what they have observed.
The Office would have found out about the
harassment through “reasonable diligent
inquiry,” or where it is widespread, openly
practiced, or well-known to staff.
The Office Takes the Following Steps to Protect
Our Employees from Sexual Harassment
_____ Other:_____________________________________________________
___________________________________________________________.
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Signed:
___________________________________________________________
Date:
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TCOE will take all reasonable
steps to prevent harassment
from occurring.
If an employee experiences
harassment, TCOE will…
Fully inform a complainant of his/her
rights to secure those rights.
Fully and effectively investigate the
complaint.
Take steps to prevent further harassment
or retaliation for making a complaint.
Superintendent Policies and
Administrative Regulations
Questions?