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1. GENERAL STATE OF POLICY
Sexual harassment is a form of sex discrimination which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§2000e, et seq., and the North Dakota Human Rights Act.
It is the policy of Bishop Ryan Catholic School (BRCS) to maintain a learning and working environment that is free from sexual harassment. BRCS prohibits any form of sexual harassment.
It shall be a violation of this policy for any student or employee of the BRCS System to harass a student, or an employee through conduct or communication of a sexual nature as defined by this policy.
BRCS will act to investigate complaints, formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student, employee, or volunteer of BRCS.
2. SEXUAL HARASSMENT DEFINED
A. Sexual Harassment consists of unwelcome sexual advances, requests for sexual
favors, sexually motivated physical conduct or other verbal or physical conductor
communication of a sexual nature when:
1. Submission to that conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining or retaining employment, or of
obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is
used as a factor in decisions affecting that individual’s employment or
education; or
3. That conduct or communication has the purpose of effect of substantially or
unreasonably interfering with an individual’s employment or education, or
creating an intimidating, hostile or offensive employment or education
environment.
Any sexual harassment as defined above, when perpetrated on any student or
employee or employee by any student or employee, will be treated as sexual
harassment under this policy.
B. Sexual Harassment may include, but is not limited to:
Verbal harassment or abuse;
Subtle pressure for sexual activity;
Inappropriate patting or pinching;
Demanding sexual favors accompanied by implied or overt threats concerning an
individual’s employment or educational status;
Demanding sexual favors accompanied by implied or overt promises of preferential
treatment with regard to an individual’s employment or education status; or
Any unwelcome sexually motivated touching.
3. REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment by a student or an employee of BRCS, or any third person with knowledge or belief of conduct which may constitute sexual harassment should report the alleged acts immediately to an appropriate BRCS Official as designed by this policy. BRCS encourages the reporting party or complainant to use the report form available from the principal of each building or available from the BRCS Office.
INFORMAL
Reasonable efforts should be made by principals or designees to resolve a problem or
complaint prior to beginning the formal complaint process. If there is alleged or actual
sexual harassment, the normal discipline procedure may be used to resolve the
issue. The complainant may choose either the informal or formal method of resolving
the complaint.
FORMAL
The complaining party or the responsible building administrator may decide to use the
formal complaint procedure which is as follows:
A. In the school building, the principal is the person responsible for receiving
oral or written reports of sexual harassment at the building level. Upon receipt of a
report or a formal complaint, the principal must notify the school president
immediately without screening or investigation the report. A written report will be
forwarded simultaneously to the school president. If the report was given verbally,
the principal shall reduce it to written form within 24 hours and forward it to the
president. Failure to forward any sexual harassment report or complaint, as
provided herein, will result in disciplinary action. If the complaint involves the building
principal, the complaint shall be filed directly with the school president.
B. BRCS Wide: The school board hereby designates the school president to receive
reports or complaints of sexual harassment from any individual, employee or victim of
sexual harassment and also from building principals as outlined above. If the
complaint involves the school president, the complaint shall be filed directly with the
school board president. BRCS shall conspicuously post the name of the
school president, including a mailing address and phone number. Submission of a
complaint or report of sexual harassment will not affect the individual’s future
employment, grades or work assignments.
Use of formal reporting forms is not mandatory.
BRCS will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with BRCS’s legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
4. INVESTIGATION AND RECOMMENDATION
By authority of BRCS, the school president, upon receipt of a report or complaint alleging sexual harassment, may immediately authorize an investigation. This investigation may be conducted by BRCS Officials or by a third party designated by BRCS. The investigating party shall provide a written report of the status of the investigation within 10 working days to the school president of BRCS when processing a formal complaint.
When using the informal procedure, all information and action must be documented in the event that the data will be needed later if a formal procedure must be followed.
In determining whether alleged conduct constitutes sexual harassment, BRCS should consider the surrounding circumstances, the nature of sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment requires a determination based on all the facts and surrounding circumstances.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving the rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, BRCS may take immediate steps, at its discretion, to protect the complainant, students, and employees pending completion of an investigation of alleged sexual harassment.
The school president shall make a report upon completion of the investigation when the formal complaint procedure is used.
5. BRCS ACTION
A. Upon receipt of a recommendation that the complaint is valid, BRCS will take such
action as appropriate based on the results of the investigation.
B. When using the formal complaint procedure, the result of the investigation of each
complaint filed under these procedures will be reported in writing of the complainant
by BRCS. The report will document any disciplinary action taken as a result of the
complaint. When using the informal complaint procedure, the person making the
complaint will be informed either verbally or in writing of the action taken.
6. REPRISAL
Bishop Ryan Catholic School will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any for of intimidation, reprisal or harassment.
7. NON-HARASSMENT
BRCS recognizes that not every advance or consent of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment effect requires a determination based on all the facts and surrounding circumstances. False accusations of sexual harassment can have a serious detrimental effect on innocent parties and could result in disciplinary action.
8. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse which may include initiating civil action or seeking redress under state criminal statues and/or laws.
9. SEXUAL HARASSMENT AS SEXUAL ABUSE
Under certain circumstances, sexual harassment may constitute sexual abuse under the applicable North Dakota Century Code statutes.
10. DISCIPLINE
Any BRCS action taken pursuant to this policy will be consistent with requirements of applicable collective bargaining agreements, North Dakota statutes, and BRCS Policies. BRCS will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and prevent its recurrence.
11. APPEALING OF AN UNFAVORABLE DECISION
The complaining party may appeal a decision perceived by them to be unfavorable by exercising their right to file a grievance with BRCS.
BRCS will abide by the policies set forth by the Diocese of Bismarck in regard to sexual harassment.