This PowerPoint covers Sexual Harassment in a Public School System for DCSD employees.

1. Sexual Harassment in a Public School System
Office of Employee Relations - DeKalb County School District

2. Learning Objectives
• What is sexual harassment?
• Are there different forms and types of sexual harassment?
• Why is sexual harassment important?
• What are my responsibilities as an employee?

3. Unlawful Discrimination
• Federal and state law prohibit discrimination against
“protected classes” in the workplace and school house
• Sexual harassment is a form of unlawful discrimination
based upon sex.

4. Two forms of Sexual Harassment
for Review Today
•Sexual Harassment of Employees
•Sexual Harassment of Students

5. Sexual Harassment of
Employees
Title IX and Title VII of the Civil Rights Act

6. What is sexual harassment?
Equal Employment Opportunity Commission (EEOC) definition:
• "unwelcome sexual advances,
• requests for sexual favors, and
• other verbal or physical conduct of a sexual nature
constitutes sexual harassment when:

7. What is sexual harassment?
Equal Employment Opportunity Commission (EEOC) definition:
• submission to or rejection of 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."

8. “Unwelcomed”
Is it harmless flirting or unwanted
sexual harassment?
How do you know?
Acquiescence may not mean that the
conduct is welcome!

9. The Power Differential
Personal Power and Role Power
• Personal power is our ability to have an effect and
to have influence.
Everyone has personal power.
• Role power is the added-on power (and
responsibility and opportunity) that accompanies a
positional role.
• Let’s look at how Role Power functions in the
schoolhouse.

10. Role Power in the School House
Principal
Assistant Principal
Faculty Teachers Staff

11. Role Power in the School House
Plant Engineer School Nutrition Manager
Head Custodian School Nutrition Asst. Manager
Custodial Staff Food Service Assistants

12. Role Power in the School House
SRO

13. Personal Power in the School House
Teachers with Seniority (Prestige)

14. Two Types of Sexual Harassment
•Quid Pro Quo
(Latin for “this for that” or “something for something”)
•Hostile Work Environment

15. Quid Pro Quo
Harassment
Title VII of the Civil Rights Act

16. Two Types of Sexual Harassment
1. Quid Pro Quo
Sexual harassment that occurs when a supervisor
or one in an authority position requests
unwanted sexual conduct, in exchange for not
firing or otherwise punishing the employee, or in
exchange for favors, such as promotions or
raises.

17. Examples of Quid Pro Quo
Harassment
Assistant Principal says to Teacher:
“ I know you have always wanted the classroom on B
hall with all the windows, and if you go out on a date
with me I can make that happen.”

18. Examples of Quid Pro Quo
Harassment
Manager says to one s/he supervises:
If you don’t go out on a date with me, I will see that
you are _________.
1) transferred;
2) never promoted;
3) receive a bad evaluation;
4) etc.

19. Hostile Work
Environment Harassment
Title VII of the Civil Right Act

20. Two Types of Sexual Harassment
2. Hostile Work Environment
Sexual harassment that occurs through the presence of
demeaning or sexual photographs, jokes or threats. The
inappropriate behavior or conduct must be so pervasive as
to, as the name implies, create an intimidating and
offensive work environment.

21. Two Types of Sexual Harassment
Hostile Work Environment
A single, severe incident, such as a sexual assault, could
create a hostile environment. More commonly, however, a
hostile environment is created by a series of events or
incidents.

22. Two Types of Sexual Harassment
Hostile Work Environment
Two part test:
1. ORP Test – an ordinary reasonable person would have
found the work environment hostile
2. Subjective test – Did the victim find the environment
hostile?

23. Two Types of Sexual Harassment
Hostile Work Environment
 Intentions do not matter if a person feels harassed or
humiliated
 Different people have different reactions to the same
behavior and different interpretations

24. Examples of Hostile Work Environment
• Silly Sally routinely sends texts and uses other social media apps to
share messages with her co-workers with sexually explicit jokes and
pictures.
• Smirking Sam is always leering at and intentionally brushing up against
his co-worker Sally, who moves away whenever she sees him. Sally asks
for a transfer to another school.
• Locker-room Lucy displays “pinup” calendars and other sexually
demeaning pictures in the work space. Fred avoids her cubicle,
• Elevator Eyes Elvis is always ogling his female co-workers and repeatedly
asking them for a date.

25. Nontraditional Types of Sexual
Harassment and Discrimination Are
Gaining Protection
• Same sex harassment actionable – U.S. Supreme Court
(1998)
• Gender stereotyping actionable – U.S. Supreme Court
(1989)
• Transgender claims are being recognized – 6th Circuit
(2004)
• A sexual orientation claim recently recognized - 7th
Circuit (2017)
• An employer who fires and individual for being gay or
transsexual is actionable – U.S. Supreme Court (2020)

26. Romantic Relationships
in the Work Place and School House
• It is a violation of the District’s and PSC’s Code of Ethics
for supervisors to have a romantic relationship with
employees in their chain of supervision.
• It is a violation of the District’s and PSC’s Code of Ethics
for any employee to have a romantic relationship with
any DCSD student. It may also be a crime!

27. Romantic Relationships
in the Work Place and School House
What about co-workers?
While not a policy violation, co-workers are
not encouraged to have romantic
relationships especially when you work in
close proximity to each other.

28. Romantic Relationships
in the Work Place and School House
Why?
● If the relationship does not work out, how are you
going to handle working in the same school or offices
and interacting on a regular basis?
● If you fight, argue or treat each other
unprofessionally at work, you both are subject to
disciplinary action up to and including termination.

29. Sexual Harassment of
Employees and Students
Title IX of the Education Amendments of 1972

30. Sexual Harassment
• Title IX applies to sexual harassment of an employee by
another employee
• Title IX applies to sexual harassment of student by a teacher
or other school employee
• Title IX applies to sexual harassment of a student by another
student
• Federal investigations can be initiated under the U.S.
Department of Education Office of Civil Rights
• Lawsuits can also be filed and money damages are an
available remedy

31. Three Types of Student Sexual Harassment
• Quid pro quo – an educational decision or benefit is
based on a student’s submission to unwelcome
sexual conduct.
• Hostile Environment – acts of severe, pervasive, and
objectively offensive conduct or harassment.
• Any instance of sexual assault, dating violence or
stalking

32. Title IX Definition of Sexual Harassment
Sexual harassment is conduct on the basis of sex that
satisfies one or more of the following:
• Any instance of quid pro quo harassment by a school’s
employee conditioning education benefits on
participation in unwelcome conduct; or
• Any unwelcome conduct that a reasonable person
would find so severe, pervasive, and objectively
offensive that it denies a person equal access; or
• Sexual assault (as defined in the Clery Act), dating
violence, domestic violence, or stalking as defined in
the Violence Against Women Act.

33. Examples of Quid Pro Quo
Harassment of a Student
Teacher says to Student:
“If you want an “A” in my class, then I need at least a
kiss.”
SRO says to Student:
“If you don’t want to be arrested, then you need to
go out on a date with me this weekend.”

34. Examples of Hostile School Environment
• Smirking Sam is always leering at and intentionally brushing up against
female students when he passes them in the hallway.
• Volunteer Coach Joking Jack routinely makes crude remarks, sexist
jokes, and lewd gestures to students, male and female, during after-
school activities. Susie Student reports this to the coach, but no action
is taken.
• Elevator Eyes Elton is always staring at female students and trying to hug
them. Students seek to avoid him.

35. Role Power in the School House
Principal
Assistant Principal
Faculty Teachers Staff
Students Students Students

36. Role Power in the School House

37. Compliant School Response to Student
Sexual Harassment Under Title IX
The student must show:
An appropriate school official must:
a. Have actual knowledge of
discrimination/harassment,
b. Initiate an investigation in to the allegations and
provide notice to both parties, and
c. Respond promptly in a manner that is not
deliberately indifferent.

38. Who is an “appropriate official”?
Any employee of elementary or secondary school
Because each factual situation is different, assume that
you are the “appropriate official” and take action:
1. Report the behavior up the chain of command
2. Provide a written statement of what you observed
3. Cooperate with an investigation
4. If you are a building leader, investigate any such reports
of employee misconduct and document your response.

39. Actual Knowledge
Actual knowledge - means notice of sexual harassment
or allegations of sexual harassment to a school’s Title
IX Coordinator or any official of the school who has
authority to institute corrective measures on behalf of
the school , or to any employee of an elementary of
secondary school.
Notice - Includes, but is not limited to, a report of
sexual harassment to the Title IX Coordinator.

40. How to Report Sexual Harassment Allegations
Once sexual harassment is reported to an employee at the
school, then the school is deemed to have actual knowledge.
Report allegations to the school’s Title IX Coordinator.

41. Deliberate Indifference
A school must respond promptly to Title IX sexual harassment
in a manner that is not deliberately indifferent , which means
in a way that is not clearly unreasonable in light of the known
circumstances.

42. Mandatory Response Obligations
A school’s mandatory response must include:
● Offering supportive measures to the complainant
● The Title IX Coordinator promptly contacting the
complainant to discuss the availability of supportive
measures, consider the complainant’s wishes with respect to
supportive measures with or without the filing of a formal
complaint, and explain to the complainant the process for
filing a formal complaint.

43. Mandatory Response Obligations (cont’d)
A school’s mandatory response must include:
● Following a grievance process before the imposition of any
disciplinary sanctions or other actions that are not supportive
measures, against a respondent
● Must not restrict rights protected under the U.S.
Constitution, including the First Amendment, Fifth
Amendment, and Fourteenth Amendment as a way of
responding in a non-deliberately indifferent manner.

44. Appeals
A school must offer both parties an appeal from:
● A determination regarding responsibility,
● A school’s dismissal of a formal complaint or any
allegations therein, on the following bases:
- Procedural irregularity that affected the outcome of
the matter;
- Newly discovered evidence that could affect the
outcome of the matter, and/or
- Title IX personnel had a conflict of interest or bias
that affected the outcome of the matter.
● A school may offer an appeal equally to both parties on
additional bases.

45. Why is this important?
Goal: You want to take action to end sexual harassment
behavior at the earliest possible opportunity.
Deliberate Indifference Standard
This is a very high standard. Your response does not need to be
perfect or “right,” you just need to be able to show that when you
had notice of a problem you reported it, investigated or otherwise
took an action that you believed addressed the situation. You were
not “indifferent” to the wrongful behavior.

46. Protect Your Good Name

47. What is the DCSD Policy
on Sexual Harassment?
Policy GAEB: Harassment

48. Policy GAEB: Harassment
“All employees of the DCSD are entitled to work in an environment
free from harassment, including sexual harassment.”
Sexual harassment is a form of misconduct….No employee, male or
female, shall be subjected to unsolicited and unwelcomed sexual
overtures or conduct of a verbal or physical nature.”
Consequences include conference, letter of direction,
reassignment, letter of reprimand, suspension or termination and
referral to the Professional Standards Commission.

49. DCSD Harassment Policies
In light of newly released Title IX Regulations, the
District is in the process of revising its policies and rules
relating to sexual harassment applicable to employees
and students, including revised Title IX Grievance
Procedures. Students and staff will be notified when
revisions are finalized.

50. What is Your Responsibility?
• Know and comply with DCSD policy on sexual harassment
• Report promptly incidents that you experience directly or
witness
• Victim may file complaint directly with the Title IX Coordinator
• Cooperate with investigations
• Support complainant/respondent

51. What is Your Responsibility?
Do not retaliate against those who report
sexual harassment
Examples of Retaliation
Intimidation, threats, coercion, discrimination against and individual
for the purpose of interfering with any right of or privilege secured
by Title IX , or taking away or denying privileges, for engaging in the
Title IX process, unfounded disciplinary acts not involving sexual
harassment or sex discrimination but arise facts reported in a
complaint

52. Retaliation
Do not retaliate against those who report
sexual harassment
● Confidentiality – School must keep identity of complainants,
respondents and witnesses except as may be permitted by FERPA,
as required by law, or as necessary to carry out the Title IX
proceeding.
● Retaliation - The Final Rule expressly prohibits retaliation.
● First Amendment -The exercise of rights protected under the
First Amendment is not retaliation.

53. Filing a Retaliation Complaint
● Complaints must be filed in accordance to the grievance
procedures for sex discrimination
● Charging an individual with a code of conduct violation for making
a materially false statement in bad faith in the course of a grievance
proceeding does not constitute retaliation; provided, however, that
a determination regarding responsibility, alone, is not sufficient to
conclude that any party made a bad faith materially false statement.

54. Summary
Sexual harassment:
•Is against the law
•Is against DCSD Policy
•Will Not be Tolerated