SCHOOL DISTRICT NO. 78 (FRASER-CASCADE)

POLICY

NO: 6210

DATE: 99-04-27

REVISED:

SUBJECT: SEXUAL HARASSMENT

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The Board of School Trustees recognizes that all officers, employees and pupils of School District No. 78 (Fraser-Cascade) have the right to operate, work, or learn in an environment where they feel comfortable, non-threatened and free from sexual harassment.

SCHOOL DISTRICT NO. 78 (FRASER-CASCADE)

REGULATIONS

NO: 6210 R

DATE: 99-04-27

REVISED:

SUBJECT: SEXUAL HARASSMENT

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The Board of School Trustees will not tolerate sexual harassment against, or by, trustees, employees, or pupils and will take appropriate disciplinary action against any person found to have sexually harassed another person in the school district.

1. Definition

Sexual harassment is any repeated and unwelcome sexual comment, suggestion, behaviour, or physical contact that creates an uncomfortable working or learning environment for the recipient. Sexual harassment may be a sexual advance made by a person in authority that includes or implies a threat or reprisal made after a sexual advance is rejected.

2. Procedures

Where an issue of this nature is covered by a Collective Agreement, the procedures outlined in the appropriate contract will be followed. Otherwise, on receipt of a written complaint alleging sexual harassment, the Superintendent of Schools, or delegate, shall ensure that the accused receives a copy of the complaint.

The Superintendent, or delegate, will:

a) Meet with the accuser and the accused separately and try to effect a resolution.

b) If there is no resolution, convene a meeting of the accuser and the accused, each of whom has the right to:

i) be attended by a person of his/her choice;

ii) call witnesses;

iii) cross-examine.

The purpose of this meeting is to effect a resolution.

c) If there is no resolution, the Superintendent or delegate will make a recommendation to the Board. If disciplinary action is warranted, discipline may include reprimand, suspension, transfer, or dismissal.

3. Disposition

The Board will make the decision as to the disposition of the case.

4. Rights of the Accused

In all circumstances, an individual who is accused of harassment must be given the opportunity to fully explain themselves and to have those explanations properly considered.

To intentionally accuse someone of harassment, knowing it to be false, is a serious matter. In the event the complaint is found to be a fabricated or malicious complaint, appropriate action (fair and just) will be taken.