School Board of the City of Virginia Beach
Regulation 4-43.1

PERSONNEL

Sexual Harassment Complaint Procedures

A. Sexual harassment is a violation of Virginia Beach City Public School Board policy and the law and will not be tolerated or condoned in any context or manner.

B. Definition

Unsolicited, unwelcome sexual overtures, conduct or advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when any of the following conditions is present:

1. Submission to such conduct is explicitly or implicitly made either a term or condition of an individual's employment;

2. Submission to or rejection of such conduct by an individual is used as the basis of employment decision affecting such individual;

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

C. Guidelines

1. Sexual harassment may be verbal, non-verbal, physical, written or visual. It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with the individual's work effectiveness.

2. No person with authority will threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances or respond to sexual overtures will adversely affect the employee's employment, evaluation, wages, advancement, assigned duties, or any other condition of employment or career development.

3. Other sexually harassing conduct by any employee in the workplace is also prohibited. Examples of such conduct include, but are not limited to:

a. Unwelcomed sexual flirtations, advances, or propositions;

b. Verbal abuse of a sexual nature which may include such actions as sex-oriented kidding, teasing or jokes;

c. Graphic verbal comments about an individual's body;

d. Sexually degrading words used to describe an individual;

e. Physical contact such as offensive touching, patting, pinching, or brushing against another's body;

f. The display in the workplace of sexually suggestive objects or pictures.

4. Sexual harassment is a serious offense. As a consequence, allegations of sexual harassment will be thoroughly investigated, and any employee who engages in such conduct or encourages such behavior by others shall be subject to corrective action. Depending on the circumstances involved, such disciplinary action may include dismissal from school division service. Reprisals against employees who file complaints of sexual harassment shall be prohibited; however, such protection will not condone unrestricted employee engagement in unfounded or vindictive accusations of others. The School Board will protect the legitimate interest of all parties concerned in a dispute involving allegations of sexual harassment. All inquiries will be treated as confidentially as possible.

5. Division administrative and supervisory employees have a duty to report allegations of sexual harassment and take immediate and appropriate corrective action. Administrative and supervisory employees have an affirmative duty to maintain a workplace free of sexual harassment. Administrative and supervisory employees who allow sexual harassment to continue or fail to take appropriate corrective action shall be considered a party to the act of behavior, even though they may not behave in such a manner. Such personnel shall also be subject to corrective action. Depending on the circumstances, such corrective action measures may result in demotion from a supervisory position or dismissal from division service.

D. Procedure

1. Any employee who believes that he/she has been the subject of sexual harassment should report the alleged act immediately to the Director of Employee Relations or a Compliance Specialist in the Office of Employee Relations or the employee may file a complaint with any supervisor up to and including the Division Superintendent. Allegations of sexual harassment will be thoroughly investigated by the Department of Human Resources and resolved promptly and effectively. The employee will be advised of the investigation's final conclusion.


2. Any administrative or supervisory employee who receives a complaint of sexual harassment of an employee is required to report immediately such allegation to the Office of Employee Relations where such complaint will be thoroughly investigated.

3. The Office of Employee Relations shall report the results of its investigation and any recommendations of remedial action to the Assistant Superintendent for Human Resources who will make a recommendation regarding remedial action, including the discipline of any employee(s) involved in sexual harassment, to the Division Superintendent for final recommendation.

4. Any employee who is found to have violated the policy and regulations regarding sexual harassment will be subject to disciplinary action up to and including dismissal.

5. Employees disciplined for violations of this policy shall have the right to appeal the proscribed disciplinary action as set for in Policies 4-3 (Suspension) and 4-18 (Dismissal or Placement on Probation) and any implementing regulations as appropriate for the employee and/or action taken.

6. Complainant employees who wish to appeal the final decision may do so by following the grievance procedures outlined at regulation 4-3.1 or 4-4.1 as appropriate.


7. The supervisor or any future supervisor of an employee found to be engaging in sexually harassing behaviors may be informed of the offending behavior and final outcome taken by the School Division. The purpose of providing this information is to serve the School Division by alerting current and future supervisors, so they may monitor compliance with division policy and disciplinary action.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: August 18, 1992
Revised by Superintendent: January 18, 1994
Revised by Superintendent: April 19, 1994
Revised by Superintendent: January 16, 1996
Revised by Superintendent: December 13, 2002