Shelby County Board of Education
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Issued Date: 08/26/10
Revised: 08/25/11

(Sexual, Racial, Ethnic, Religious)

We strive for a working environment for employees that is free from sexual, racial, ethnic, and religious harassment. It shall be a violation of this policy for any employee to participate in harassment activities exhibited through disparaging conduct or communication that is sexual, racial, ethnic, or religious in nature. The following guidelines are set forth to ensure an appropriate working environment.

Harassment of employees will not be tolerated. Harassment is defined as conduct, advances, gestures or words either written or spoken to include those of a sexual, racial, ethnic, or religious nature which:

  1. Unreasonably interfere with an individual's work or performance;
  2. Create an intimidating, hostile or offensive work environment;
  3. Imply that submission to such conduct is made an explicit or implicit term of employment; or
  4. Imply that submission to or rejection of such conduct will be used as a basis for an employment decision affecting the harassed employee.

There will be no retaliation against any person who reports harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary action. The willful filing of a false report will itself be considered harassment and will be treated as such.

Alleged victims of sexual, racial, ethnic, or religious harassment shall immediately report these incidents. This report should be made to the immediate supervisor except when the immediate supervisor is the offending party. If the immediate supervisor is the offending party, the report may be made to the Federal Rights Coordinator at 160 South Hollywood, Memphis Tennessee 38112 - (901) 321 - 2500.. Allegations of harassment shall be promptly and fully investigated. An oral complaint may be submitted, however, such complaint must be reduced to writing to ensure a more complete investigation. The complaint should include the following information:

Identity of the alleged victim and the person accused;
Location, date, time and circumstances surrounding alleged incident;
Description of what happened;
Any other evidence available.

After a complete investigation, if the allegations are substantiated, immediate and appropriate corrective or disciplinary action shall be initiated. A school representative or Federal Rights Coordinator will meet with and advise the complainant regarding the findings, corrective measures, and/or disciplinary action. The investigation and response to the complainant will be completed within 20 school days.

If the complainant is not in agreement with the findings of fact as reported by the school representative or Federal Rights Coordinator, an appeal may be made, within five (5) work days of receiving notification of the findings, to the Superintendent. The Superintendent will review the investigation, make any corrective action deemed necessary, and provide a written response to the complainant. A substantiated charge against an employee may subject such person to disciplinary action up to and including termination.

Building administrators are responsible for ongoing education, formal and informal, regarding this policy and procedure in the building in which they work.