| Traverse City Area Public Schools |
| Bylaws & Policies |
4362 - DISCRIMINATION AND HARASSMENT INCLUDING SEXUAL HARASSMENT
The Traverse City Area Public Schools' Board of Education strives for a work environment in which professional staff members conduct themselves with dignity and treat everyone with respect. The Board of Education believes staff members should be able to work in an environment free of discrimination and harassment. Discrimination or harassment of or by any staff member because of race, color, religion, national origin, age, sex, disability, or any other protected characteristic is unlawful and will not be tolerated.
Discrimination because of sex includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
| A. | submission to the conduct or communication is made, either explicitly or implicitly, a term or condition of employment; | ||
| B. | submission to or rejection of the conduct or communication is used as a factor in decisions affecting an individual's employment, or | ||
| C. | the conduct or communication has the purpose or effect of unreasonably or substantially interfering with an individual's employment or creating an intimidating, hostile or offensive employment environment. |
Sexual harassment can occur between members of opposite sexes or of the same sex.
No staff member or applicant should be subjected to unsolicited and unwelcome sexual overtures. Nor should any staff member or applicant be led to believe that an employment opportunity or benefit will in any way depend upon "cooperation" of a sexual nature.
Sexual harassment is not limited to demands for sexual favors. Other examples of sexual harassment include, but are not limited to: sexually-oriented verbal "kidding", "teasing" or jokes; repeated offensive flirtations, advances, or propositions; continued or repeated verbal abuse of a sexual nature; graphic or degrading comments about an individual or his/her appearance; the display of sexually suggestive objects or pictures; subtle pressure for sexual activity; and physical contact or blocking movement.
Sexual harassment does not refer to occasional compliments of a socially acceptable nature or consensual personal and social relationships without a discriminatory employment effect. It refers to behavior which is not welcome and which is personally intimidating, hostile, or offensive.
Other prohibited forms of harassment include jokes, verbal abuse, slurs, nicknames, degrading comments, the display of objects, pictures and cartoons and other offensive conduct relating to an individual's race, color, religion, National origin, age, sex, or other protected characteristics.
Any staff member who believes s/he has been discriminated against or harassed in connection with his/her employment by any other employee, should, if practical, ask the other person to stop their offending behavior and tell them it is unwelcome and has the obligation to immediately report the matter. Failure to promptly report the matter could result in the discrimination or harassment continuing and could impede the ability of administration to investigate and remedy the situation.
The report should be made to the staff member's immediate supervisor, or if the staff member prefers, to the Human Resources Department. Administration will then promptly conduct an investigation in as confidential a manner as possible. If it is determined that discrimination or harassment occurred. Administration will take appropriate action, which may include termination of employment, depending upon the circumstances.
Traverse City Area Public Schools prohibits retaliation against anyone who makes a report of discrimination or harassment or who takes part in the investigation of the report.
42 U.S.C. 2000d et seq., 42 USC 2000e et seq.
29 U.S.C. 621 et seq, 29 USC 794
20 U.S.C. 1681 et seq.
M.C.L.A. 380.1300a, M.C.L.A. 37.2102 et seq.
Revised 3/98
Revised 7/00
Revised 11/03