Discrimination and Harassmentat School

Illegal Discrimination

• Race• Color• Religion• Sex (gender)

• National Origin

• Ancestry

• Disability

• Age

Examples of Discrimination:• Excluding students with disabilities from

honors and awards

• Only considering men for a custodian position because the job requires lifting

• Separate tutoring requirement for all students of a particular race that did not score proficient on the MAP

• Only asking students of a particular race if they are “homeless” or “migrant”

More Examples:

• Non-renewing a bus driver because of age

• Favoring students because they go to church with you

• Refusing a promotion to someone because she is pregnant

• Excluding a student from a school activity because she is pregnant

What about the MAP categories?

What about special education?

Harassment: a form of discrimination

1. Unwelcome

And

2. Offensive to the reasonable person

2 Kinds

• Quid Pro Quo: Supervisor or person in control conditioning action on sex, date, etc.

• Hostile Environment: Words or actions so pervasively offensive that they alter the working conditions.

Examples of Harassment:

• Conditioning grade on kiss

• Racial slurs or jokes

• Allowing students to pick on a student because the student has a disability

• Giving choice work assignments or better evaluations to persons if they date you

• Discussing how biracial children should not have been born.

More Examples:

• Excessive touching of students• Discussions of sexual activity, sexual innuendo• Suggestive pictures, calendars• E-mailing sexually suggestive messages• Condoning bra-snapping, reaching under skirts,

touching genital areas• Name-calling: “homo,” “fag,” “bitch,” “slut,”

“gay,” etc.

A single joke is not illegal harassment, but still

unacceptable!

Problem: How do we know it is the first?

All offensive conduct from the opposite sex is not necessarily

sexual harassment.

Must be annoying you because of your gender. Some people are just

annoying to everyone. Still not acceptable!

Sexual harassment can occur between members of the same

sex.

Discrimination based on gender.

OK to date co-workers, but keep it away from school! Don’t . . .

• Hook up at school – no kissing or touching

• E-mail or write love letters at school

• Keep each other from doing your job

• Bring your relationship to school

• Turn a “welcome” relationship into an “unwelcome” one

Students Cannot Consent!Never OK to . . .

• Date a student

• Talk about dating a student in the future

• Kiss or fondle a student

• Write love notes to a student

• Use obscene language around a student

• Discuss sexual relationships with a student outside of an approved class curriculum

Don’t let it happen to you.Don’t let it happen to other

people.

Common Problem Areas

• Inviting students to home or going to student’s home

• Friendships with students• Transporting students• Relationships with teacher’s assistants• Extracurricular/after-school activities• Special education students• Cards/letters/e-mails to individual students

Required by Board policy to report.

Could be a crime if you do not report sexual harassment of

student.

Report all complaints or suspected problems to . . . .

Compliance Coordinator

Confidential to the greatest extent possible.

No retaliation allowed for reporting or participating in

investigation.

Serious offense. Protected by law.

Investigation

• Written complaint

• Interview

• Testimony at a hearing

What could happen to offender?

• Additional training

• Letter to the personnel file

• Suspension

• Loss of extra duties

• Reassignment

• Termination

• Jail

What could happen if you did not report?

• Additional training

• Letter to the personnel file

• Suspension

• Loss of extra duties

• Reassignment

• Termination

• Jail (mandated reporter)

Confidentialityat School

Student Records (FERPA)

• Grade cards

• Discipline records

• IEPs

• Detention lists

• Addresses and phone numbers

• Grade level

• Pictures

Exceptions

• School official with legitimate educational interest

• Directory Information

• Parent (or student if 18) consent

• Required by law to disclose

• Subpoena

• Other statutory exceptions

Individuals with Disabilities Act

FERPA Plus

Medical Information

Discrimination on the basis of a disability.

Social Security Numbers

Violates federal law

Identity theft

Free and Reduced Lunch

Loss of federal funds

Decrease in participation

Information from Other Agencies(Department of Mental Health, Children’s Division,

Juvenile Office, Department of Health)

“All information received by . . . any school district pursuant to this section shall remain

subject to the same confidentiality requirements as are imposed on the

department that originally collected the information . . .” §210.865, RSMo.

 

Information from the Juvenile Officer or Children’s Division

“Any information received by school district officials pursuant to this section shall be received in confidence and used for the

limited purposes of assuring that good order and discipline is maintained in the school, or for intervention and counseling purposes for

the benefit of the child.” §167.122, .123, RSMo.

Safe Schools Act

“Any information received by school district officials pursuant to this section shall be received in confidence and used for the

limited purpose of assuring that good order and discipline is maintained in the school.”

§167.115, RSMo.

Background Checks

Only used to determine if appropriate for position.

Library Records

§ 182.817, RSMo.

Conflict of Interest Laws

Cannot use confidential information obtained in your capacity as

employee to financially benefit anyone.

When in doubt . . .ask.