GENDER DISCRIMINATION AND SEXUAL HARASSMENT:  EMPLOYEES

 

Albuquerque Public Schools (APS) affords all employees equal employment opportunities and prohibits discrimination and harassment in any program or activity of or sponsored by the APS.

 

A.        DISCRIMINATION AND HARASSMENT BASED ON GENDER, SEXUAL ORIENTATION OR PREGNANCY

 

Discrimination and harassing behavior based on gender, sexual orientation or pregnancy violate federal and/or state civil rights law and deny equal educational opportunities for all employees.  Discrimination may occur when an individual or individuals are treated differently specifically because of his/her/their gender, sexual orientation or pregnancy.  Additionally, unintended behavior or action that ultimately results in treating a group differently because of gender, sexual orientation or pregnancy may be a form of gender discrimination.  Also, making comments, name-calling, conduct of physical nature, or other expressive behavior directed at an individual or group on the basis of gender, sexual orientation or pregnancy are prohibited behaviors.  Discriminatory and harassing behavior creates a demeaning, intimidating, and hostile work environment.

 

  1. Discrimination/Harassment is considered to have occurred when conduct:

-has the purpose or effect of creating an intimidating, hostile or offensive work environment,

-has the purpose or effect of substantially or unreasonably interfering with an employee’s work performance, or

-otherwise adversely affects an individual’s employment opportunities.

  1. Individuals or groups are in violation of this policy if they engage in the following behavior (not all inclusive) toward a co-worker, subordinate, supervisor or any other employee or student, or any other individual on APS property, at APS sanctioned activities or in vehicles dispatched by the districts:

-making demeaning remarks directly or indirectly to an individual or group based upon his/her/their gender, sexual orientation or pregnancy,

-displaying suggestive or written material or defacing APS property or materials to demean an individual or group because of his/her/their gender, sexual orientation or pregnancy,

-staring, glaring, obscene gestures, suggestive gestures (touching your private/intimate parts in front of others),

-repeatedly asking someone out when he/she is not interested, or

-damaging, defacing, or destroying private property.

 

B.         SEXUAL HARASSMENT

 

Sexual harassment is a form of gender discrimination as defined in Title VII of the Civil Rights Act as well as Title IX of the Education Amendments and the New Mexico Human Rights Act.  Sexual harassment is a violation of federal and state law as well as district policy.  Sexual harassment is unwelcome sexual advances, requests for sexual favors, written or verbal conduct of a sexual nature.

 

If behavior toward another individual(s) makes him/her feel intimidated, uncomfortable or if the individual feels threatened, it may be considered sexual harassment even if the harasser did not intend for his/her actions to be offensive.

 

Sexual harassment may be considered a criminal offense under state and local assault and child abuse laws.

 

 

C.        SEXUAL MISCONDUCT

 

Sexual misconduct may include, but is not limited to, physical act(s) of aggression, force or threat against another individual of the same or opposite sex, threatening to force or coerce sexual acts, including the touching of private/intimate parts, and coercing, forcing or attempting to coerce or force sexual intercourse.

 

Sexual misconduct may also be considered sexual harassment.  These acts should be reported to the APS School Police Department.

 

D.        COMPLAINT PROCEDURES

 

Any employee who believes he/she has been subjected to discrimination and/or harassing behavior based on gender, sexual orientation or pregnancy by another individual or individuals should report the incident(s) immediately to his/her supervisor or the Office of Equal Opportunity Services.

 

APS encourages employees to report incident(s) of discrimination/harassment and to resolve their complaints at the lowest level.  If further assistance is needed, contact the appropriate administrator.  Assistance may be sought or a complaint filed through the Office of Equal Opportunity Services.

 

Complaints may be filed with Office of Equal Opportunity Services and must be submitted in writing within 180 days from the date of alleged act(s), unless the time for filing is extended by the Office of Equal Opportunity Services for good cause (to be determined by the OEOS).  All inquires and discrimination complaints filed with the OEOS are confidential to the extent possible as described below.  Confidentiality also applies to the investigative process of all investigations conducted by the OEOS.

 

APS office of Equal Opportunity Services

725 University Blvd. SE

Albuquerque, New Mexico  87106

Phone Number:  (505) 842-3547

The Office of Equal Opportunity Services informs the Superintendent of the determination of the investigation indicating either that there was (1) sufficient information to determine there was a violation of District policies and procedures and/or sufficient information to support the allegations made or (2) insufficient information to determine that there was a violation of District policies and procedures and/or insufficient information to support the allegations made.

 

The complainant (the individual(s) filing the complaint) and respondent (the individual(s) responding to the complaint) have the right to appeal the Office of Equal Opportunity Services’ determination.  If the complainant or respondent is not in agreement with the Office of Equal Opportunity Services’ determination, he/she will have (10) working days from the date of the determination to submit an appeal in writing to the Superintendent.  The Superintendent will inform the complainant/respondent of the appeal decision in writing.

 

After the Superintendent’s review, the internal complaint process has concluded.  The time lines set forth in this policy may be waived or extended by the Superintendent.

 

           


 

The complainant and respondent may also voluntarily choose to participate in mediation to resolve the complaint.  The mediation program minimizes the need for a lengthy investigation and helps to resolve complaints in a faster time frame.  Specific mediation information and guidelines may be requested through the Office of Equal Opportunity Services.

 

Any individual who violates this policy by engaging in conduct defined throughout this policy that directly or indirectly caused intimidation, harassment, or physical harm to a student or employee will be subjected to disciplinary action.

 

No employee will suffer retaliation or intimidation for participating in the internal complaint process.  Retaliation means some type of adversarial or punitive action taken against an individual or individuals as a result of filing a complaint or participating in the complaint process.  Retaliation against any individual seeking assistance at their work place, filing a complaint or participating in the investigative process is grounds for a subsequent retaliation/harassment complaint.

 

APS will respect the privacy of the complainant, the individual(s) against whom the complaint is filed and the witnesses as much as possible, consistent with our legal obligations to investigate, take appropriate action, and conform to any discovery or disclosure obligations.

 

E.         LEGAL COMPLAINCE

 

The Office of Equal Opportunity Services has the responsibility to monitor the compliance of state and federal laws and regulations as well as the District policies and procedures related to discrimination/harassment issues based upon sex, sexual orientation and pregnancy.  The Coordinator for Title VII of the Civil Rights Act and Title IX of the Education Amendments is the Director of the Office of Equal Opportunity Services. 

 

 

Cross Reference:  Board Policy A.03 and G.01

Cross Reference:  Procedural Directives:  Section 504/ADA:  Physical Access for Students, Parents and Employees with Disabilities

                                                                    Section 504/ADA Compliance: Students

                                                                    Disability Harassment:  Students 

                                                                    Discrimination and Harassment:  Students

                                                                    Discrimination and Harassment:  Employees

 

 

 

Revised:  January 2005