Judge and Gavel

Sexual Harassment Complaints

Pursuant to Policy ACA and Regulation ACA-R, all individuals associated with this District, including, but not necessarily limited to, the Governing Board, the administration, the staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.

 

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission defines "sexual harassment" as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

A.  Submission to such conduct is either explicitly or implicitly made a term or condition of an individual's employment; or

B.  Submission to or rejection of such conduct is used as a basis for employment decisions affecting such individual; or

C.  Such conduct has the purpose or effect of substantially interfering with an individual's work performance, or creating an intimidating, hostile, or offensive work environment.

 

Sexual harassment may include, but is not limited to:

A.  Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, impeding or blocking movement, leering, gestures, or display of sexually suggestive objects, pictures, or cartoons.

B.  Continuing to express sexual interest after being informed that the interest is unwelcome.  (Reciprocal attraction between peers is not considered sexual harassment.)

C.  Implying or withholding support for an appointment, promotion, or change of assignment; suggesting that a poor performance report will be prepared; suggesting that probation will be failed.

D.  Coercive sexual behavior used to control, influence, or affect the career, salary, and/or work environment of another employee.

E.  Offering or granting favors or employment benefits, such as promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, et cetera, in exchange for sexual favors.

 

Anyone who is subject to sexual harassment, or who knows of the occurrence of such conduct, should inform the Superintendent, as provided in ACA-R.

A substantiated charge against a staff member in the District shall subject such staff member to disciplinary action.

All matters involving sexual harassment complaints will remain confidential to the extent possible.

FILING A COMPLAINT

 

Any person who feels unlawfully discriminated against or who has been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent' office, by utilizing the Complaint Form ACA-E.  If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.

 

COMPLIANCE OFFICER

The Superintendent (or Governing Board, as the case may be) shall appoint one (1) or more compliance officers as needed.

 

COMPLAINT PROCEDURE

 

The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy.  Once the complaint is received, the Superintendent shall review it and allocate it to a Compliance Officer for investigation.  The Compliance Officer shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines.  In investigating the complaint, the Compliance Officer will maintain confidentiality to the extent reasonably possible.  The Compliance Officer shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.

 

The Compliance Officer shall complete a written report of the initial investigation and provide it to the Superintendent.  The investigation should include at least the following information:

 

A.  Witnesses

B.  Documents

C.  Key dates

D.  Findings

 

The Compliance Officer shall keep the complainant apprised of the status during the investigation process.  If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.

 

If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing.  In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.

 

If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline if the evidence so warrants.  The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.

 

If the Superintendent determines no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.

 

TIMELINES

 

The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.

 

Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the Compliance Officer to acknowledge receipt of the complaint in writing and commence the investigation within five (5) working days.  The Compliance Officer shall provide an estimated duration of time the investigation is expected to take.

 

If the Compliance Officer does not acknowledge receipt within five (5) working days, then the complaining party should contact the Superintendent.