Sterling Schools CUSD #5 5.20
Personnel
General Personnel - Sexual Harassment
Declaration of Policy
The School District shall provide employees an employment environment free of
unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct, or communications constituting sexual harassment as defined
and otherwise prohibited by State and federal law.
District employees shall not make unwelcome sexual advances or request sexual
favors or engage in any unwelcome conduct of a sexual nature when (1)
submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment; (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual; or (3) such conduct has the purpose or effect of
substantially interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
It is the responsibility of all employees to avoid and prevent sexual harassment, and to cooperate with any investigation of sexual harassment.
Consequences of Violation
A violation of this policy will result in discipline, up to and including discharge.
Employee Response to Perceived Sexual Harassment
Any person who believes that he or she is a victim of sexual harassment (an “Aggrieved Person”) and any employee who observes sexual harassment of another employee shall promptly take the applicable action as follows:
1. Aggrieved persons, who feel comfortable doing so, should directly inform the person engaging in sexually harassing conduct or communication that such conduct or communication is offensive and must stop. If that communication does not resolve or stop the conduct, or, if the Aggrieved Person does not feel comfortable in directly informing that person, then the Aggrieved Person should promptly report the claimed sexual harassment to the Non-Discrimination Coordinator or to one of the District’s complaint managers, unless the party allegedly committing the sexual harassment is the Superintendent, in which case the report shall be to the President of the Board of Education.
2. An employee witnessing what the employee believes to be sexual harassment shall promptly report the conduct to the District’s Non-Discrimination Coordinator or to one of the District’s Complaint Managers, unless the person allegedly committing the sexual harassment is the Superintendent, in which case the report shall be to the President of the Board of Education.
Identity of Responsible Parties
The identities and addresses of the District’s Non-Discrimination Coordinator, the District Complaint Manager(s), and the President of the School Board shall be kept on a current list at the District Office, and at the office of the Principal at each of the District attendance centers. At least one of the individuals named as Non-Discrimination Coordinator or Complaint Manager shall be of a different gender than the other persons holding the position.
Whom to Contact with a Report or
Complaint
The Superintendent shall insert into this policy the names, addresses, and
telephone numbers of the District's current Nondiscrimination Coordinator and
Complaint Managers.
Nondiscrimination Coordinator:
Name Mr. Tad Everett
Address 410 E LeFevre, Sterling, IL 61081
Telephone No. (815)626-5050
Complaint Managers:
Name Mr. Tim Schwingle Mrs. Kathy Howard
Address 410 E LeFevre 1700 Sixth Avenue
Sterling, IL 61081 Sterling, IL 61081
Telephone No. (815)626-5050 (815)626-3300
Investigation and Corrective Action
The Non-Discrimination Coordinator or the Complaint Manager or Board President receiving the complaint shall promptly initiate an investigation, and shall interview the complaining party in details, the allegedly offending party, and any witnesses, obtaining written statements when possible. Employees shall cooperate with the investigation.
Within fifteen (15) school days of the date that any complaint of sexual harassment is first filed, the person receiving the complaint shall furnish a report to the Superintendent or, if the complaint is about the Superintendent, the report shall be furnished to the Board of Education. Such report shall contain, at minimum:
a. The date of the receipt of the complaint.
b. Identification of the complainant.
c. Identification of the party or parties, any witnesses and the actions complained of including relevant background facts and circumstances.
d. A statement detailing the scope of the investigation that has been undertaken and the result thereof.
e. In the event the person conducting the investigation believes that corrective measures including any discipline may need to be taken, a description of the recommended corrective measures.
f. Recommendation for special assistance to the Aggrieved Person, if appropriate.
g. A copy of all statements taken.
If the report is made to the Superintendent, then within five school days of receiving the report, the Superintendent shall, in the Superintendent’s discretion, implement appropriate steps to remedy any conduct in violation of this policy, including discipline. The Superintendent shall furnish the report to the Board of Education, and shall inform the Board of the action taken upon receiving the report. In the event an Aggrieved Party is not satisfied with the Superintendent’s action, the Aggrieved Party may appeal to the Board of Education, who shall hear the appeal in closed session at the next regular Board meeting, and shall make such decision as it deems appropriate.
If the report is made to the Board of Education, the Board shall meet within ten school days of receiving the report and implement steps appropriate to remedy any violation of this policy, including discipline.
Timeliness of Reporting Violation of Policy
In order to make sure that the policy stated herein is followed and enforced, an Aggrieved Person or an employee observing the sexual harassment of another employee shall inform the Non-Discrimination Coordinator, one of the Complaint Managers or the Board President, within 30 days from the time the Aggrieved Person believes the sexual harassment occurred, or the employee observes sexual harassment of another employee.
Non-Retaliation
Filing a complaint of sexual harassment or reporting sexual harassment of another employee pursuant to this policy or reporting to the EEOC or the Illinois Department of Human Rights shall not adversely affect the Aggrieved Person’s or the reporting employee’s employment, compensation or work assignments.
Charges of Discrimination to Other Agencies
A charge of discrimination relating to sexual harassment or other documents may be filed with the Illinois Department of Human Rights. The Illinois Department of Human Rights investigates complaints of discrimination. If charges are found to have merit, a complaint of discrimination may be issued, leading to a hearing before an administrative law judge of the Illinois Human Rights Commission. A charge of discrimination, to be timely under Illinois law, must be field within 180 days of the event complained of.
The Department of Human Rights can be contacted at the following addresses and phone numbers:
Illinois Department of Human Rights
222 South College, Floor 1
Springfield, IL 62070
217-785-5100
Illinois Department of Human Rights
James R. Thompson Center
100 West Randolph Street, Suite 10-100
Chicago, IL 60601
312-814-6200
The Illinois Human Rights Commission can be contacted at the following addresses and phone numbers:
Illinois Human Rights Commission
William G. Stratton Office Building
Room 404
Springfield, IL 62706
217-785-4350
Illinois Human Rights Commission
James R. Thompson Center
100 West Randolph Street
Suite 5-100
Chicago, IL 60601
312-814-6269
LEGAL REF.: Title VII of the Civil Rights Act, 42 U.S.C. §2000e et seq., 29 C.F.R. §1604.11.
Title IX of the Education Amendments, 20 U.S.C. §1681 et seq.
Meritor Savings Bank v. Vinson, 106 S.Ct. 2399 (1986).
Harris v. Forklift Systems, 114 S.Ct. 367 (1993).
Oncale v. Sundown Offshore Services, U.S. (1998).
Burlington Industries v. Ellerth, U.S. (1998).
Faragher v. City of Baca Raton, U.S. (1998).
775 ILCS 5/2-102(D) et seq.
CROSS REF.: 2.260, 5.10, 7.20
Adopted: May 23, 1996
Revised: January 28, 1999
Revised: February 25, 2004