1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or 2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment or education; or 3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment or education environment. 4. Any sexual harassment as defined when perpetrated on any student or employee by any employee will be treated as sexual harassment under this policy. 5. Sexual harassment may include but is not limited to: 6. Verbal harassment or abuse, including any offensive communication that is sexually degrading or implies sexual motives or intentions, such as sexual remarks or innuendoes about an individual’s clothing, appearance or activities; sexual gestures; 7. Subtle pressure for sexual activity including sexual invitations or requests for sexual activity in exchange for grades, preferences, favors, selection for extracurricular activities, homework, etc.; 8. Physical contact or closeness that is sexually suggestive, sexually degrading, or sexually intimidating such as the unwelcome touching of another’s body parts, spanking, pinching, stalking, frontal-body hugs, intentional brushing against a student’s or an employee’s body; etc. 9. Demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status; 10. Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status; or any unwelcome sexually motivated touching; 11. Unwelcome gestures that are sexually suggestive, sexually degrading or imply sexual motives or intentions; 12. Written or pictorial display or distribution of pornographic or other sexually explicit materials such as magazines, videos, films, etc. Mentor Savings Bank v. Vinson, 477 U.S. 57 (1986) Baker v. Weyerhauser Co., 903 F.2d 1342 (10th Cir. 1990)
3.0150.03 REPORTING PROCEDURES Issue Date: 5/9/96 Updated: 9/10/20 DKB
Any person who believes he or she has been the victim of sexual harassment by a student or an employee of the District, or any third person with knowledge or belief of conduct which may constitute sexual harassment should submit a written report of the alleged acts immediately to an appropriate District official as designated by this policy. The District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the District office.
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