References:

Title VII
Equal Pay Act
ADEA
Title V of ADA
GINA
Civil Rights Act of 1991
Utah Code, 34A-5-106

1. Purpose:

   The District prohibits employees from discrimination and harassment based on race; color, religion, national origin, sex; gender identity, sexual orientation, pregnancy, childbirth or pregnancy-related conditions, age, or disability. The District also prohibits discrimination based on genetic information. To the extent these terms are defined in Utah Code 34A-5-102, the district relies on those definitions for the purposes of this Policy.

2. Prohibited Discrimination Conduct
   
   2.1 Discrimination on the basis of race; color; religion; national origin; sex; gender identity; sexual orientation; pregnancy, childbirth, or pregnancy-related conditions; age, or disability; or genetic information is prohibited in employment practices. The District is prohibited from

   2.1 A. Discharging, demoting, terminating, retaliating against, refusing to hire or promote an otherwise qualified individual; and
   2.1 B. Discrimination against an otherwise qualified individual with respect to compensation or in terms of privileges and conditions of employment, including fringe benefits, job training, classifications, or referrals.

   2.2 District employees, volunteers, and agents are prohibited from engaging in the following conduct if the conduct is based on race; color; religion; national origin; sex; gender identity; sexual orientation; pregnancy, childbirth, or pregnancy-related conditions; age, or genetic information:

   2.2 A. Display of offensive or suggestive posters, pictures, or objects;
   2.2 B. Offensive verbal harassment including remarks, questions, teasing, slurs or innuendo;

   2.2 C. Inappropriate jokes about traits or characteristics;
   2.2 D. Viewing, printing, or transmitting offensive material on a District computer; and
   2.2 E. Conduct that is demeaning or derisive and occurs substantially because of race; color; religion; national origin; sex; pregnancy, childbirth or pregnancy-related conditions; age; disability.

   2.3 An employee who believes he or she has been the target of discrimination in violation of this policy may contact the District Title VII coordinator, whose contact information is listed at the bottom of this policy.

   An employee may also choose to file a discrimination claim with either the state administrative agency, the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commissioner's Office, or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). (Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.) Contact information for these two offices is listed at the bottom of this policy. 

3. Prohibited Sexual Harassment Conduct

   The District is committed to providing a workplace that is free from sexual harassment. Sexual harassment of any kind will not be tolerated. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. The District will investigate all reports of violations of this policy and will take steps to stop violations, prevent recurrence, and remedy effects of violations as appropriate.

   Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

   The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
   The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
   The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
   Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
   The harasser's conduct must be unwelcome.

   District employees, volunteer, and agents are prohibited from engaging in sexually offensive conduct and sexual harassment on District time, on District premises, and during District activities, including but not limited to the following:

   3.1 Sexual conduct of any kind
   3.2 Sexual advances, requests for sexual favors, sexually motivated physical conduct, regardless of consent of those involved;
   3.3 Subtle pressure for sexual activity;
   3.4 Inappropriate or unwelcome touching, patting, pinching, blocking or brushing against another’s body;
   3.5 Foul or obscene language or gestures;
   3.6 Display of sexually offensive or suggestive posters, pictures, or objects;
   3.7 Sexually offensive verbal harassment including remarks, questions, teasing, slurs or innuendo;
   3.8 Inappropriate jokes about sex or gender-specific traits;
   3.9 Viewing, printing, or transmitting sexually offensive material on a District computer; and
   3.10 Conduct that is demeaning or derisive and occurs substantially because of a person’s sex, sexual orientation and/- or gender identity. 
   
   

4. Additional Prohibited Conduct for Supervisors

   District employees responsible for supervising other employees are prohibited from having any kind of romantic and or sexual interaction with an employee they supervise. 

5. Procedures for reporting Sexual Harassment
   
   5.1 District Responsibilities

   5.1 A. If a building principal receives an allegation of sexual harassment against an employee in his building, or if the principal has reason to believe sexual harassment is occurring, the principal will notify the District Title VII Coordinator (Director of Human Services) immediately, without screening or investigating the report. If the building principal receives an allegation of sexual harassment by a third party (a visiting speaker or team member, vendor, patron, parent, etc.,), the principal will notify the District Title VII Coordinator after screening and investigating the report.

   5.1 B. When the District Title VII Coordinator receives a report of sexual harassment, or has reason to believe sexual harassment is occurring, the Coordinator will take the necessary steps to ensure that the matter is promptly investigated and addressed.

   5.1 C. If the allegation is determined to be credible, the District will take immediate and effective measures to end the unwelcome behavior.

   5.1 D. Supervisors and other responsible administrators who observe, are informed of, or reasonably suspect incidents of possible sexual harassment must immediately take the necessary steps to ensure that the matter is promptly investigated and addressed.

   5.1 E. The District will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary and as required under the law. The District will also take the necessary steps to protect from retaliation those employees who in good faith report incidents of potential sexual harassment.

   5.1 F. Employees who have been found by the District to have subjected another employee to unwelcome conduct of a sexual nature, whether the behavior meets the legal definition of sexual harassment or not, may be subject to discipline.

   5.2 Employees’ Rights

   5.2 A. Any employee who believes he or she has been the target of sexual harassment is encouraged to inform the offending person orally or in writing that such conduct is unwelcome and offensive and must stop.

   5.2 B. If the employee does not wish to community directly with the offending person, or if such communication has been ineffective, the employee should report the conduct in writing to his/her immediate supervisor, unless the immediate supervisor is the alleged harasser or involved with the alleged harassment, in which case the employee should report to the Title VII representative at the District.

   5.2 C. An employee may also choose to file a grievance through the appropriate grievance process laid out in employee contracts.

   5.2 D. An employee may also choose to file a harassment claim with either with the state administrative agency, the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commissioner's Office or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). (Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.) Contact information for these two offices is listed at the bottom of this policy.

   5.3 Employee Responsibilities

   5.3 A. If an employee is aware of a violation of this policy by another employee supervised by a building principal (a teacher, custodian, student, etc.), the employee will report immediately to the principal.

   5.3 B. If an employee is aware of a violation of this policy by another employee not supervised by a building principal (a district office employee, building principal, etc.), the employee will report immediately to the Title VII Coordinator, listed below. If the harasser is the Title VII Coordinator, an employee should report to the Superintendent.

   5.3 C. If an employee is aware of a violation of this policy by a third party (a visiting speaker, team member, vendor, parent, patron, etc.), the employee will report immediately to the affected building principal or to the Title VII Coordinator.

   5.4 Retaliation Prohibited

   The District prohibits retaliation against any person who reports violations of this policy or participates in processes under this policy. Retaliation includes, but is not limited to, intimidation, reprisal and harassment.

 The District Title VII Coordinator is the Director of Human Resources and can be reached at (801) 476-7804.

Utah Antidiscrimination and Labor Division
Street Address:
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Mailing Address:
P.O. Box 146630
Salt Lake City, UT 84114-6630
Phone: (801) 530-6801
Toll Free: (800) 222-1238
TDD: (801) 530-7685
Fax: (801) 530-7609

To file a claim with the EEOC, contact your EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
EEOC's Phoenix District Office
3300 N. Central Avenue
Suite 690
Phoenix, AZ 85012-1848
Phone: (602) 640-5000
TTY: (602) 640-5072

Approve by the Board 11/04/2015