- Effective: 1/7/03
- Revision: 10/29/2024
- Reviewed: 5/28/13
- Board Directive
The Board of Education is committed to providing an employment environment that is free from unlawful harassment and other forms of unlawful discrimination based upon race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity. It is the intent of this policy to prohibit discrimination or harassment against any individual or class of persons specifically enumerated as protected under the Civil Rights Acts of the United States and the Utah Anti-Discrimination Act (UCA §34A-5-101 et seq.). It is not the intent of this policy to broaden coverage beyond those classifications specifically protected by federal or state statute. The responsibility for policy regarding employee discrimination and harassment is delegated to the District Administration. - Administrative Policy
This policy is adopted to assist Jordan School District employees in moving toward a workplace that is free of unlawful discrimination or harassment. It is the policy of Jordan School District to provide fair, expeditious and uniform procedures for investigation and resolution of claims of unlawful discrimination or harassment.- Definitions
- Clearly Offensive Conduct: That conduct, be it verbal or nonverbal, which when perceived in its overall context, would be taken by a reasonable person, similarly situated, to be strongly objectionable.
- Complainant: A person who files a written or oral complaint about unlawful discrimination or harassment.
- Compliance Officer: Person or persons designated by the Superintendent to receive and process complaints of unlawful discrimination or harassment (harassment or discrimination based on membership in a protected category, i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity).
- Demeaning or Derisive Behavior: Unlawful behavior which substantially lowers the status, dignity or standing of another individual, or which insults or otherwise belittles or shows contempt for another individual.
- Disability: An individual's physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
- Discrimination: Conduct, including words or gestures and other actions, which adversely affects an employee’s working environment or results in disparate treatment based upon membership in a protected category (i.e. race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity. Discrimination does not include referral to or use of regular District Administration processes relating to employee evaluation and discipline.
- Harassment: A form of discrimination that includes unlawful conduct of an offensive nature that is demeaning or derisive or occurs substantially because of the employee’s membership in a protected category (i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity) and which creates a hostile work environment. Harassment may include but is not limited to any of the three categories listed below:
- Generalized Harassment: Includes intentional behavior directed at an entire group which is based on demeaning or derisive stereotypes, and is severe enough that it creates a hostile working environment. Examples include comments or jokes, physical gestures, or visual displays such as posters, etc.
- Individually Targeted Harassment: Includes intentional, criminal or non-criminal behavior that is targeted at an individual or particular members of a group, which can be verbal, physical, or visual that is severe enough or pervasive enough that it adversely affects the working environment. Examples include negative or offensive comments, jokes, suggestions, or gestures directed to an individual's or group's race, ethnicity or national origin.
- Criminal Harassment: Harassing behavior which violates state or federal criminal statutes. Examples include criminal assault, sexual assault, rape, criminal mischief, stalking, arson, or trespass.
- Respondent: A person named in a discrimination or harassment complaint as having engaged in or being responsible for a discriminatory or harassing act or omission.
- Retaliation: Any form or sanction, restraint, coercion, discrimination, harassment, or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination or harassment complaint in either a formal or informal manner with the District, or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination or harassment complaint.
- Sexual Harassment: All complaints of sexual harassment should be directed first to the Title IX Coordinator for a preliminary jurisdictional review. If the complaint falls under Title IX jurisdiction, it shall be addressed through policy AA452 — Title IX Sexual Harassment. If it does not fall under Title IX jurisdiction, the complaint shall be dismissed for purposes of Title IX and directed back to Human Resources for investigation pursuant to this policy.
Sexual harassment is a form of sex discrimination. It consists of unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature that is based on one or more of the following conditions:- Submission to such conduct is made either explicitly or implicitly as a term or condition to work benefit.
- Submission to or rejection of such conduct by a co-worker is used as the basis for decisions affecting the work environment.
- Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
- Sexual harassment includes:
- Hostile Environment: The three levels of hostile environment are the same as those listed above in 7. a.-c.; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
- Harassment which culminates in a tangible action which alters the conditions of the working environment (previously called quid pro quo).
- Complaint Procedure
- The following options are available for those who believe they are victims of discrimination or harassment, or who witness such acts:
- Seek to resolve issue through a supervisor or administrative personnel.
- Report the concern by calling the District Non-Compliance Hotline or completing the form on the District Non-compliance webpage.
- Register a formal complaint with the District Compliance Officer who will initiate an initial assessment and possible investigation.
- Any employee who knows of a violation of this policy must report such conduct to a supervisor, administrator, or the District Compliance Officer.
- The initial allegation of discrimination or harassment may be submitted either verbally or in writing to the immediate supervisor/administrator. A complaint made to the District Compliance Officer must be in writing.
- The following options are available for those who believe they are victims of discrimination or harassment, or who witness such acts:
- Investigative Procedures
- Initial Assessment: When any complaint is filed under this policy or when a complaint is referred through this policy from the Title IX Team, an initial assessment is conducted to determine whether the reported conduct falls under the scope of this policy.
- This assessment involves a preliminary review of the details provided in the complaint to decide if the alleged conduct, if proven true, would constitute a violation of this policy.
- If the alleged conduct would not (even if proven true) constitute a violation of this policy, the matter will be dismissed in favor of Human Resources assistance, such as mediation or other policy involvement.
- If the alleged conduct would constitute a violation of this policy, the matter will be assigned for investigation.
- This assessment involves a preliminary review of the details provided in the complaint to decide if the alleged conduct, if proven true, would constitute a violation of this policy.
- If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement for criminal investigation. The District will conduct its own internal investigation independent of law enforcement officials to determine whether District policy was violated.
- All investigations will be treated with discretion to protect the privacy of those involved. All efforts will be made to treat the information as confidential; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed.
- The respondent (person alleged to have engaged in the reported conduct) may not contact the complainant during an investigation without the permission of District.
- When conducting investigations, the District Compliance Officer shall disclose his/her role as a neutral investigator rather than an advocate for any party. The extent of the investigation will be determined, among other factors, by the nature and severity of the charges.
- An investigation shall be completed with fairness and reasonable speed, typically within 30 working days of receipt of the complaint, unless extenuating circumstances require a longer period.
- After the conclusion of the investigation, the District Compliance Officer shall provide all parties a written disposition of the complaint.
- The parties will then have 10 working days to provide written responses to the report and have them considered by the District Compliance Officer.
- Initial Assessment: When any complaint is filed under this policy or when a complaint is referred through this policy from the Title IX Team, an initial assessment is conducted to determine whether the reported conduct falls under the scope of this policy.
- Disciplinary Procedures
Any employee who has been found in violation of this policy will be subject to the following disciplinary procedures:- A first substantiated offense, if minor in nature, will result in a written reprimand to be entered in the employee's personnel file. Should the first offense be determined to be of a serious nature, the employee will be subject to disciplinary action up to and including termination in accordance with District Policy DP316 NEG – Orderly Termination Procedures.
- A second substantiated offense shall result in disciplinary action up to and including termination in accordance with District Policy DP 316 NEG – Orderly Termination Procedures.
- Retaliation
Retaliation under this policy is prohibited. Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including termination in accordance with District Policy DP316 NEG– Orderly Termination Procedures. - Records
Records of all discrimination or harassment complaints shall be maintained by the District. Information gathered, developed, and documented in the investigation will be classified as a protected record. - Outside Reporting Procedures
Nothing in this policy shall prohibit a person from filing a discrimination or harassment claim with Utah Anti-Discrimination and Labor Division (UALD) or the Equal Opportunity Commission (EEOC). If an employee pursues a claim of discrimination or harassment, he/she should be aware that Utah is a “dual filing” state, which means that a complaint filed with the UALD will be forwarded to the EEOC. An employee has 180 calendar days from the alleged date of discrimination or harassment to file a claim with the UALD.
- Definitions