The School Reform Commission Board of Education (“Board”) is committed strives to provideing a safe, positive working climate for its administrative, professional and support employees. Therefore, it shall be the The purpose of this policy is to require of the dDistrict to maintain an work employment environment in which harassment or sex and discrimination in any form is not tolerated and to establish procedures for handling reports of harassment and discrimination.

For purposes of this policy, terms are defined as follows:

Discrimination: To treat individuals differently or to harass or victimize based on one or more known or perceived protected classifications including race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class. [1][2][3][4][5][6][7][8][9][10][11][12]

Harassment: A form of discrimination based on an individual's known or perceived race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification consisting of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, sexual misconduct, or other conduct that may be harmful or humiliating or interfere with a person’s work performance, including when: [9]

1. Submission to such conduct is made explicitly or implicitly a term or condition of an employee’s status; or
2. Submission to or rejection of such conduct is used as the basis for employment-related decisions affecting an employee; or
3. Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance at work or otherwise creates an intimidating, hostile, or offensive working environment such that it alters the complainant’s working conditions.

Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. A single incident of harassment may implicate more than one protected class. For example, an individual may be targeted because of their race and sexual orientation.

For purposes of this policy, harassment shall consist of verbal, nonverbal, written, graphic, or physical conduct relating to an individual's race, color national origin/ethnicity, sex, age, disability, sexual orientation religion or gender information when such conduct:[4][5]

1. Is severe, persistent or pervasive enough that it affects an individual's ability to perform job functions or creates an intimidating, threatening or abusive work environment.
2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance.
3. Otherwise adversely affects an individual's employment opportunities.

For the purposes of this policy, sexual discrimination is unequal treatment of any person on the basis of sex unless expressly authorized by statute or regulation. Sexual discrimination may include sexual harassment, sexual violence and sexual assault.

For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, nonverbal, written, graphic or physical conduct of a sexual nature when:[6]

1. Acceptance of such conduct is made, explicitly or implicitly, a term or condition of an individual's continued employment.
2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual.
3. Such conduct is severe, persistent or pervasive enough that it has the purpose or effect of substantially interfering with the employee's job performance or creating an intimidating, hostile or offensive work environment.

Examples of sexual harassment, as defined above, include but are not limited to, sexual propositions; touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating others as to sexual activity or performance; circulating or showing emails or websites of a sexual nature.

For purposes of this policy, the term sexual harassment includes sexual assault and sexual violence. Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent.[2][7]

Title IX sexual harassment: Conduct on the basis of sex, that satisfies one or more of the following: [18]

?      A District employee conditioning the provision of an aid, benefit, or District service on an individual’s participation in unwelcome sexual conduct, commonly referred to as quid pro quo sexual harassment;

?      Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a District education program or activity; or

?      Sexual assault, dating violence, domestic violence, or stalking.

Examples of conduct on the basis of sex or gender, include but are not limited to sexual propositions; touching of a sexual nature; graffiti of a sexual nature; displaying or distributing sexually explicit drawings, pictures, or written material; sexual gestures or touching oneself sexually in front of others; telling sexual or dirty jokes; spreading sexual rumors or rating other students as to sexual activity or performance; and circulating or showing emails or websites of a sexual nature.

As required by federal, state, and local laws and regulations, the Board shall provide for an equal opportunity for all employees and prohibits discrimination in the workplace, including harassment which is a form of discrimination, on the basis of race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. [1][2][3][4][5][6][7][8][9][10][11][12]

The Board also declares it to be the policy of this District to comply with federal law and regulations under Title IX prohibiting sexual harassment, which is a form of unlawful discrimination on the basis of sex. Such discrimination shall be referred to throughout this policy as Title IX sexual harassment. Inquiries regarding the application of Title IX to the District may be referred to the Office of Employee and Labor Relations, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

The SRC prohibits all forms of harassment and sex discrimination (including sexual harassment, sexual assault and sexual violence) of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The SRC encourages employees and third parties who have been harassed or discriminated against to promptly report such incidents to the designated administrators.[1][2][3][4][5][6]

While harassment and sex discrimination will not be tolerated by any employee, supervisors shall be held to the highest of conduct standards and shall be subject to a higher level of discipline when engaging in harassment or sex discrimination.

The SRC directs that complaints of harassment or sex discrimination shall be investigated promptly, and corrective action taken when allegations are substantiated, in accordance with the provisions of any applicable collective bargaining agreement and state and federal laws.

Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. Only those with a "need to know" will be apprised of the complaint, and staff participants in the complaint process shall be informed of their duty of confidentiality to the process as well.

The basic rights of all concerned shall be respected at all times. No reprisals nor retaliation shall occur as a result of good faith charges of violation of this policy or participation in an investigation.

In order to maintain a work environment that discourages and prohibits harassment and sex discrimination, the SRC Board directs the Superintendent or their designee in the Office of Talent to ensure this policy is consistently enforced.

the Chief Talent Officer as the district’s Title IX Deputy Coordinator relating to employees and third parties.

The Compliance Officer/Title IX Coordinator can be contacted at:

Deputy, Employee & Labor Relations

440 N. Broad Street

Philadelphia PA 19130

215-400-4600

employeetitleIXcomplaints@philasd.org

The Title IX Deputy Coordinator shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number and email address of the Title IX Deputy Coordinator(s).

Chief Talent Officer/Title IX Deputy Coordinator

440 N. Broad Street

Philadelphia PA 19130

215-400-4600

employeetitleIXcomplaints@philasd.org

The administration shall be responsible to provide training for students and district employees regarding harassment and sex discrimination and the district’s policy prohibiting harassment and sex discrimination, including procedures for the filing and investigation into complaints.

The Superintendent or designee shall develop Administrative Procedures/Complaint Procedures to implement this policy. The Board directs the Superintendent or their designee, through the Office of Talent, to develop administrative procedures to implement this policy, including timeframes for the conclusion of the complaint processes. [20][21]

Each employee shall be responsible to maintain a working environment free from all forms of harassment and sex discrimination.

Any supervisor employee who receives a harassment or sex discrimination complaint regarding conduct that is a violation of this policy or who witnesses or who has reason to believe such action conduct has or is occurring shall immediately report such conduct to the Office of Employee & Labor Relations in accordance with this Policy and its Administrative Procedures.  refer to SRC policy and the procedures for processing harassment or sex discrimination complaints.

The building principal/immediate supervisor or designee shall be responsible to complete the following duties when receiving a complaint pursuant to this policy:

1. Inform the employee or third party of the right to file a complaint and the Complaint Procedure.
2. Notify the complainant and the accused of the progress at appropriate stages of the procedure.
3. Refer the complainant to the Title IX Deputy Coordinator(s) if the building principal/immediate supervisor is the subject of the complaint.
4. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation.

The Office of Employee and Labor Relations shall fulfill designated responsibilities, ensure adequate nondiscrimination procedures are in place, and recommend new procedures or modifications to procedures, as well as the following:

1. Publish and disseminate this policy and related procedures and post a notice of nondiscrimination as required by applicable law.
2. Coordinate the provision of training for staff to identify, investigate, and alleviate problems of discrimination and harassment, including sexual harassment. [22]
3. Monitor and provide technical assistance to individuals involved in managing complaints.
4. Maintain and provide information to staff on resources available to complainants in addition to the complaint procedure.

The Board prohibits all forms of harassment and discrimination of employees and third parties by all District students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The District seeks to recruit, hire, and place into available jobs the most qualified persons and to administer personnel matters such as compensation; benefits; promotion; transfer; training; layoffs; discipline; and termination in accordance with law and Board policy. 

This policy applies to employees, contractors, interns, volunteers, and third parties in connection with all the academic, educational, extracurricular, athletic, and other programs or operations of the District, whether those programs take place in a District facility, on a school bus, in transit to and from a school or other District facility, at a class or training program sponsored by the District at another location, or elsewhere. The policy also may apply to any off-duty conduct that impacts the workplace.  

The Board directs that complaints of harassment or discrimination shall be investigated promptly, and corrective action taken when allegations are substantiated, in accordance with this Policy and Administrative Procedures, the provisions of any applicable collective bargaining agreement, and state and federal laws.          

Upon receipt of a complaint, the Office of Employee & Labor Relations shall conduct an assessment to determine the appropriate process for handling the complaint. If the reported circumstances, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the report shall be addressed through Administrative Procedure B: Title IX Sexual Harassment. All other complaints of harassment or discrimination shall be addressed through Administrative Procedure A: Harassment and Discrimination - Employees.

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of harassment or discrimination, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations. [13][14][15][16][17]                                                                      

The basic rights of all concerned shall be respected at all times. All parties will be treated with dignity and due process.                                    

Retaliation

The Board prohibits retaliation by the District or any other person against any person for: [16]

?      Reporting or making a formal complaint of any form of harassment, discrimination, or retaliation, including Title IX sexual harassment;

?      Testifying, assisting, or participating in a related investigation, process, or other proceeding or hearing; or

?      Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Office of Employee and Labor Relations immediately if retaliation is believed to have occurred.                   

Disciplinary Consequences                                                 

Violations of this policy, including acts of retaliation, may result in disciplinary consequences, up to and including termination, or other corrective actions, under applicable Board policy and procedures, or applicable collective bargaining agreements. [22][23][24]

Employee Code of Ethics

Each employee shall be responsible to respect the rights of their fellow employees, third parties, and District students and to conduct themselves in a manner free from all forms of harassment and discrimination. [25]

Accommodations

The District shall make reasonable accommodations for qualified individuals with a disability consistent with the requirements of federal and state laws and regulations.  Additionally, the District shall make reasonable accommodations for sincerely held religious beliefs consistent with the requirements of federal and state laws and regulations. [1][2][3][4][5][6][7][8][9][10][11]

1. 1. 43 P.S. 336.3
2. 2. 43 P.S. 951 et seq
3. 3. 34 CFR Part 106
4. 20 U.S.C. 1681 et seq
5. 29 U.S.C. 206
6. 29 U.S.C. 621 et seq
7. 29 U.S.C. 794
8. 42 U.S.C. 1981 et seq
9. 42 U.S.C. 2000e et seq
10. 42 U.S.C. 2000ff et seq
11. 42 U.S.C. 12101 et seq
12. U.S. Const. Amend. XIV, Equal Protection Clause
13. 20 U.S.C. 1232g
14. 34 CFR 106.44
15. 34 CFR 106.45
16. 34 CFR 106.71
17. 34 CFR Part 99
18. 34 CFR 106.30
19. 34 U.S.C. 12291
20. 20 U.S.C. 1092
21. 34 CFR 106.8
22. Policy 317 - Employee Conduct and Reporting Requirements
23. Policy 806 - Child Abuse
24. Policy 824 - Maintaining Professional Adult/Student Boundaries
25. Policy 300 - Employee Code of Ethics

16 PA Code 44.1 et seq

18 Pa. C.S.A. 2709

28 CFR 35.140

28 CFR Part 41

29 CFR Parts 1600-1691