UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

1st Reading

4/10/12

New

2nd Reading

5/8/12

Revised

X

Approved

5/8/12

Substitute

 

Revises policy previously approved on 3/16/10

 

005.0330 WORKPLACE DISCRIMINATION / HARASSMENT

 

REPLACES AND SUPERSEDES 005.0330 POLICY ON SEXUAL HARASSMENT (APPROVED 3/17/92)

 

1.0    GENERAL STATEMENT

1.1    It is Uintah School District’s policy to provide all employees a working environment that is free from discrimination and harassment based on race, religion, national origin, color, gender, age, disability, pregnancy, childbirth, pregnancy-related conditions, or any activity protected under state and federal law.

1.2    Workplace harassment includes the following subtypes:

1.2.1        conduct that is unwelcome, pervasive, demeaning, ridiculing, derisive, or coercive, and results in a hostile, offensive, or intimidating work environment;

1.2.2        conduct that results in a tangible employment action against the harassed employee.

1.3    An employee may be subject to discipline for workplace harassment, even if:

1.3.1        the harassment is not sufficiently severe to warrant a finding of unlawful harassment, or

1.3.2        the harassment occurs outside of scheduled work time or work location.

1.4    Once a complaint has been filed, the accused may not communicate with the complainant regarding allegations of harassment.

 

2.0    DEFINITIONS

2.1    “Complainant” means the person who has complained of workplace harassment.

2.2    “Respondent” means the person against whom a complaint of workplace harassment has been made.

 

3.0    RETALIATION

3.1    No person may retaliate against any employee who opposes a practice forbidden under this policy, or who has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this policy, or who is otherwise engaged in protected activity.

 

4.0    COMPLAINT PROCEDURE

4.1    Individuals affected by workplace harassment are encouraged to file complaints and engage in an administrative process free from bias, collusion, intimidation or retaliation.

 

4.2    Complainants shall be provided a reasonable amount of work time to prepare for and participate in internal complaint processes.

4.3    Individuals who feel they are being subjected to workplace harassment should do the following:

4.3.1        Document the occurrence;

4.3.2        Continue to report to work; and

4.3.3        Identify a witness or witnesses, if applicable;

4.3.4        File an oral or written complaint of workplace harassment with his or her immediate supervisor or with the director of human resources.

4.4    Complaints may be submitted by the alleged victim of workplace harassment, or by a witness, volunteer or other employee.

4.5    Complaints may be made through either oral or written notification and shall be handled in compliance with confidentiality guidelines.

4.6    Any supervisor who has knowledge of workplace harassment shall take immediate, appropriate action to end the harassment and shall document the action and notify the director of human resources.

4.7    All complaints of workplace harassment shall be acted upon following receipt of the complaint.

 

5.0    INVESTIGATIVE PROCEDURE

5.1    Preliminary reviews and formal investigations shall be conducted by qualified individuals based on Uintah School District standards and business practices.

5.2    Results of Investigation:

5.2.1        If an investigation finds the allegations of workplace harassment to be sustained, supervisor(s) shall take appropriate action as defined in policy.

5.2.2        If an investigation of workplace harassment reveals evidence of criminal conduct, the school or district administration shall refer the matter to the appropriate law enforcement agency.

5.2.3        At the conclusion of the investigation, the findings shall be documented and the appropriate parties notified.

 

6.0    RECORDS

6.1    A separate confidential file of all workplace harassment complaints shall be maintained and stored in the human resource office.

6.1.1        Removal or disposal of these files shall occur only with the approval of the district superintendent.

6.1.2        Files shall be retained in accordance with the retention schedule after the active case ends.

6.1.3        All information contained in the complaint file shall be classified as protected under Section 63G-2-305.

6.1.4        Information contained in the workplace harassment file shall only be released by the district superintendent when required by law.

6.2    Supervisors may not keep separate files related to complaints of workplace harassment.

 

6.3    Participants in any workplace harassment proceeding shall treat all information pertaining to the case as confidential.

 

7.0    TRAINING       

7.1     On a yearly basis, supervisors shall provide training in avoiding workplace harassment.