Section A: Foundation and Basic Commitments
Policy Title: Sexual Harassment
Policy Code: ACA
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Tucson Unified School District shall maintain a learning and working environment that is free from sexual harassment and retaliation. Sexual harassment is a form of discrimination based on gender, gender identity, or sexual orientation, which is prohibited by this policy in addition to federal and state law.
Sexual harassment is prohibited by Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and the Arizona Civil Rights Act. The District also prohibits retaliation because an individual has engaged in a protected activity.
All individuals associated with this District, including but not limited to, the Governing Board, the administration, District staff, students, and members of the public while on District property, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.
It shall be a violation of this policy for any member of the Tucson Unified School District staff, student, or member of the public while on District property, to engage in sexual harassment as defined below.
Sexual Harassment Definition
Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and Title IX of the Federal Education Amendments Act. This policy addresses sexual harassment prohibited by Title VII, which applies to sexual harassment of employees. Sexual harassment of students is covered by Policy ACAA, Title IX Sexual Harassment.
For purposes of this policy, “sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, graphic, written, or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly, a term or condition of an individual's employment; or
- Submission to or rejection of such conduct is used as a basis for employment decisions affecting such individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual's work performance, or creating an intimidating, hostile, or offensive work environment.
- Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, fondling, sexual molestation or assault, impeding or blocking movement, leering, gestures, display of sexually suggestive objects, pictures or cartoons.
- Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction between peers is not considered sexual harassment.)
- Implying or withholding support for an appointment, promotion, or change of assignment; suggesting that a poor performance report will be prepared; or suggesting that probation will be failed.
- Coercive sexual behaviors used to control, influence, or affect the career, salary, and/or work environment of another employee.
- Offering or granting favors or employment benefits, such as promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.
Prohibited retaliation shall be defined as:
- Adverse action against a covered individual because the individual (or closely associated individual) engaged in protected activity.
- An adverse action is an action that is likely to keep a reasonable person from engaging in protected activity, including but not limited to termination, denial of promotion, threats, unjustified negative references or evaluations, undesirable transfer, or severe harassment.
- Covered individuals are people who have engaged in protected activity, such as filing a sexual harassment charge, or who are closely associated with an individual who has engaged in protected activity, such as a spouse.
- Protected activity includes:
- Reasonable opposition to a practice believed to violate sexual harassment laws on behalf of oneself or others;
- Participation in a sexual harassment proceeding, such as cooperating with an internal investigation of alleged sexual harassment practices or acting as a witness in an investigation by an outside agency or in litigation; and
- The asserting of one’s rights, such as requests for reasonable accommodation based on religion or disability. Additionally, the Americans with Disabilities Act prohibits retaliation because of opposition to any acts made unlawful by the ADA, including sexual harassment by employers, public accommodations, and state and local government.
Anyone who is subjected to sexual harassment, or who knows of the occurrence of such conduct, shall report the conduct as provided in this policy’s administrative regulation ACA-R to the following individuals:
- The individual’s immediate supervisor
- The individual’s site/department administrator, or
- The District’s EEO Compliance Officer.