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Sexual Harassment/Discrimination (GBAA)

LCS prohibits sexual harassment. No one at LCS, including Directors, officers, supervisors, employees, volunteers, vendors, parents, students or any other person, may make sexual advances or requests for sexual favors, or engage in any other verbal/physical conduct of a sexual or gender-based nature, or based upon an individual’s sexual orientation or transgender status where:

  1. Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment; or
  2. It is obvious or implied that tolerating or submitting to the conduct is a condition of employment/service, or will be used for the basis of any employment/service decision, including but not limited to, appointment, hiring, firing, performance appraisals, salary, benefits, position, job transfers, promotions, or any other decision affecting any term or condition of employment/service with LCS (all such conduct is defined in this policy as “sexual harassment”).

An individual or applicant shall not be subjected to sexual requests or sexually insulting behavior or language based on gender or sexual orientation. An individual or applicant shall not be led to believe any employment/volunteer opportunity or benefit will in any way depend on his/her cooperation with sexual demands or that he/she must tolerate a sexually offensive environment.

Personnel must conduct themselves in a professional and business-like manner at all times and refrain from inappropriate sexual conduct that could lead to a claim of sexual harassment. Such conduct includes, but is not limited to:

  1. Sexually implicit or explicit communications whether in written form (such as cartoons, posters, calendars, magazines, publications, notes, letters, email, words or designs on clothing) or oral form (such as comments, jokes, foul or obscene language of a sexual nature, gossiping or questions about another’s sex life, or repeated unwanted requests for dates); and,
  2. Physical gestures and other non-verbal behavior (such as unwelcome touching, grabbing, fondling, kissing, massaging, brushing up against another’s body).

Reporting, Investigation and Sanctions
LCS encourages victims of, or witnesses to, sexual harassment to report such claims through the school’s complaint process (AC-R).

Employees who feel that their superiors are conditioning promotions, increases in wages, continuation of employment, or other terms or conditions of employment upon agreement to unwelcome conduct of a sexual nature, are encouraged to report these conditions to the appropriate administrator.

All reports of sexual harassment received by any LCS employee shall be promptly forwarded to the Principal and Executive Director. The Executive Director shall ensure that every complaint is promptly investigated and responded to as set forth in the school’s complaint and compliance process (AC-R). No reprisals or retaliation shall be allowed to occur as a result of the good faith reporting of charges of sexual harassment. Requests for confidentiality shall be honored so long as doing so does not preclude LCS from responding effectively to the harassment and preventing such conduct in the future.

Any employee found to have engaged in sexual harassment shall be subject to sanctions, including, but not limited to, warning or reprimand, suspension, or termination.

Filing of a complaint or otherwise reporting sexual harassment shall not reflect upon the individual’s status or affect future employment or work assignments. All matters involving sexual harassment complaints shall remain confidential to the extent possible.

Sexual Harassment of Students
Sexual harassment of students is prohibited. Any verbal, visual, or physical sexual or gender-based behavior that occurs when one person has formal or informal power over the other and:
Such behavior creates an intimidating, hostile, or offensive educational environment; or Such behavior interferes with an individual’s educational performance or adversely affects an individual’s learning opportunities will not be tolerated.

LEGAL REFS.:

  • 20 U.S.C. §1681 et seq. (Title IX of the Education Amendments of 1972)
  • 42 U.S.C. §2000e et seq. (Title VII of the Civil Rights Act of 1964)
  • C.R.S. 24-34-301 et seq. (Colorado Civil Rights Division procedures)
  • C.R.S. 24-34-401 et seq. (discrimination or unfair employment practices)

CROSS REFS.:

  • AC, Nondiscrimination/Equal Opportunity

LCS Policy Adopted August 9, 2012
Revised Policy Adopted August 21, 2017
Revised Policy Adopted April 23, 2019