| Cincinnati City School District |
| Bylaws & Policies |
5517 - WORKPLACE HARASSMENT
Cincinnati Public School's policy against harassment is applicable to harassment on all bases protected by law, such as age (forty (40) and over), gender, race, color, religion, national origin, sexual orientation, disability or veteran status.
Cincinnati Public Schools (hereinafter "CPS") prohibits harassment of its employees, contractors, visitors and students. It is a violation of this district policy for employees, visitors, contractors, or students of CPS to harass an employee or a student or to condone such conduct. A violation of this policy may result in disciplinary action up to and including dismissal or other action as appropriate.
No person cited in the previous paragraph shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee with regard to employment conditions as hiring, termination, promotion, wages or a significant change in benefits. No employee shall threaten or insinuate, either explicitly or implicitly, that a student's refusal to submit to sexual advances will adversely affect the student with regard to material academic decisions or opportunities. No supervisor or employee shall insinuate that an employee's or student's acceptance of sexual advances will positively affect an employee or student with respect to such conditions. This policy confirms that submission to unwanted advances will never constitute an actual condition of employment or academic or extra-curricular opportunity. Any representation to the contrary is not to be relied upon. Immediate reporting of such unwanted advances is mandatory.
Any unwelcome verbal or physical conduct may be viewed as harassment if such speech or conduct is because of protected characteristics such as race or gender and has the purpose or effect of unreasonably interfering with an individual's job or academic performance or creating an intimidating, hostile or abusive work or academic environment. Therefore, such speech or conduct is prohibited. Inappropriate or unprofessional remarks or conduct may be reason for intervention and discipline whether or not they are actually harassing. We cannot list all possible examples of poor judgment or unprofessional conduct. However, the following examples will serve to illustrate the kind of speech or behavior we do not want in the district: verbal abuse of a sexual, racial or ethnic nature, sexual gestures, commenting about an individual's body or clothing in a sexually offensive manner, the unwelcome touching of another person, degrading words used to describe an individual's race, age, sex, sexual orientation, religion, ancestry or disability, similarly degrading objects, pictures, cartoons, magazines, e-mails or computer images.
The District's educational mission should advance in an environment of professionalism and trust. Actions of members of our community that detract from such an environment are to be guarded against. Relationships between faculty and student, supervisor and employee, board members and others, should be built on professionalism and trust, should be consistent with the district's mission and should avoid even the appearance of a conflict of interest, exploitation, personal favoritism or bias.
Accordingly, no member of the Board of Education, faculty, staff or administration shall:
| A. | Engage in sexual/romantic/amorous relationships (whether or not consensual) with students. | ||
| B. | Engage in sexual/romantic/amorous relationships (whether or not consensual) with subordinate employees or other persons over whom they have instructional, supervisory, monetary or other authority. | ||
| C. | Engage in social or personal relationships with persons over whom they have authority or influence when or to the degree such relationship may be a conflict of interest, impair objectivity, create the appearance of impropriety, bias or favoritism. |
When an individual is unclear about whether a relationship may violate the District's policy in this regard, s/he should notify the Office of General Counsel of the issue so that appropriate review and resolution may occur.
It is everyone's responsibility to maintain a discrimination and harassment-free work and educational atmosphere. This includes freedom from harassment not only by employees and students, but also by other persons whom CPS employees and students encounter in the course of their employment and education.
Employees who have a complaint or concern about possible harassment of any employee or student in connection with incidents they have experienced or of which they are aware are required to report such complaint or concern immediately to the CPS Office of General Counsel (hereinafter "OGC") or to the Director of the Human Resources Department, if the complaint is against the "OGC". Although an employee may choose to discuss the complaint or concern with his/her supervisor, a report to a supervisor or peer does not fulfill this reporting requirement. Supervisors should not conduct investigations. The OGC and/or Director of Human Resources is prepared to receive complaints about behavior that is perceived as unprofessional or inappropriate regardless of whether the behavior constitutes unlawful harassment.
Students and parents who have a complaint or concern about possible sexual harassment of any student in connection with incidents they have experienced or of which they are aware are required to report such complaint or concern immediately to OGC. For this policy the
District's hot line number is (513) 363-0111. To discuss the concern or complaint with a teacher, administrator, or peer, or to report to a teacher, school administrator or peer does not fulfill this reporting requirement, nor should those people conduct investigations. The OGC and Director of the Human Resources Department are prepared to receive complaints about behavior that is perceived as unprofessional or inappropriate regardless of whether the behavior constitutes unlawful harassment.When an employee, student or parent of a student reports a claim of harassment to OGC or the Director of the Human Resources Department, an investigation will be conducted and prompt, appropriate corrective action will be taken. Investigation results will be communicated to all applicable parties in conference or in writing.
Retaliation against an employee or student because of a report under this policy or because an employee or student has participated in an investigation under this policy is prohibited and will not be tolerated. Employees and students are required under this policy to timely report allegations of suspected retaliation to OGC or the Director of the Human Resources Department. Complaints of retaliation will be investigated and, where appropriate, may lead to disciplinary action up to and including potential dismissal. Regardless of who is involved or the status of the accused, retaliation as set forth above is not permitted.
Revised 8/24/09