Claiborne County Schools Annual Harassment Training REVIEWED JULY

Claiborne County Schools Annual Harassment Training REVIEWED JULY

Claiborne County Schools Annual Harassment Training REVIEWED JULY 2019 Including Sexual Harassment, Discrimination, and Bullying For School System Employees Training Objectives

Identify forms of harassment and bullying Enhance understanding of preventive measures Be familiar with federal and state laws, state and system policies regarding harassment and bullying Know the complaint process and procedures Identify specific corrective actions that will help remedy harassment and bullying situations on the job and in the classroom Non-Discrimination It is the policy of the Claiborne County School System to maintain a learning and working environment that is free from discrimination/harassment of any type. Claiborne County Schools prohibits discrimination on the basis of race, sex, color, religion, age, veteran status or disability

in provision of education programs and services or employment opportunities and benefits in pursuant to the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and other state and federal laws. Claiborne County Board of Education Policies 5.500 Discrimination/Harassment of Employees (See Policy Handout) 6.304 Student Discrimination, Harassment,

Bullying, Cyber-bullying and Intimidation (See Policy Handout) These policies are in compliance with TSBA policies; state laws: TCA 49-6-3109 and TCA 492-120; and federal non-discrimination laws. Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1991 Prohibits discrimination based on race color national origin religion Pregnancy Discrimination Act of 1978

Amendment to Civil Rights Act Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Age Discrimination in Employment Act of 1967 Prohibits discrimination against persons aged 40 and over based on age: by employers in hiring, promotion, discharge, compensation, conditions, and privileges of employment; and in classifying, limiting or segregating employees or job applicants.

What is Sexual Harassment? Conduct of a sexual nature Is unwelcome Denies or limits an individuals ability to participate in or receive the benefits of the recipients program. What is Sexual Harassment? (cont.)

Conduct can take on may different forms depending on the harasser and the nature of the harassment. Conduct can occur in any school program or activity and can take place in school facilities, on a school bus, or at other off-campus locations, such as a school-sponsored field trip or a training program at another location. Conduct can be verbal, nonverbal, or physical. Definition of Sexual Harassment Sexual harassment is unwanted sexual or genderbased behavior that occurs when one person has

formal or informal power over the other. There are three elements to sexual harassment: 1. The behavior is unwanted or unwelcome. 2. The behavior is sexual or related to the gender of the person. 3. The behavior occurs in the context of a relationship where one person has more formal power than the other, such as a supervisor over an employee or a faculty member over a student; or more informal power, such as one peer over another. Types of Sexual Harassment Sexual harassment exists when any of four conditions are met: 1. Submission to the conduct is made a term or condition, either explicitly or implicitly, of obtaining education or employment; (quid pro quo harassment)

2. Submission to or rejection of the conduct is used as a factor in decisions affecting that persons education or employment; (quid pro quo harassment) 3. The conduct has either the purpose or effect of substantially interfering with a persons education or employment; (hostile environment harassment) 4. The conduct creates an intimidating, hostile or offensive: educational or work environment. (hostile environment harassment) Important Legal Terms Quid pro quo harassment: Harasser requires sexual favors of victim in return for some action by harasser, or harasser retaliates against victim for denying sexual favors. Hostile environment harassment:

Victim is usually subjected to unwelcome repeated sexual comments, innuendoes or touching, which alter conditions or interfere with school or employment performance or access to opportunities provided by the institution. Conduct is gender-based, and creates an intimidating or offensive place for employees to work or students to go to school. Can occur off campus grounds, e.g., school sporting event, on bus, on school trip, in college-sponsored internship programs. Can be caused by teachers, administrators, bus drivers or other staff, students, vendors, or persons temporarily on campus.

Important Legal Terms (cont.) Unwelcome: A way of determining whether conduct is sexual harassment. Unwelcome: means conduct was not wanted or willingly permitted. Victim may voluntarily submit to sexual intercourse, but behavior may still be considered unwelcome. Reasonable person: A standard used by the U.S. Supreme Court to determine if conduct is sexual harassment. Sexual harassment if a reasonable person with the victims perspective would consider it so.

Types of Prohibited Conduct Unwelcome sexual flirtations or propositions Sexual slurs, leering, epithets, threats, degrading descriptions Sexual jokes, pictures, notes, gestures

Unwanted touching Graphic verbal comments about a persons body, or overly personal conversation Spreading sexual rumors Blocking normal movement An act of retaliation for reporting sexual harassment Why Harassment Is Not Reported

Embarrassment Belief that the behavior will end if ignored Fear of losing job or status Fear of retaliation Fear of being blamed for inviting the harassment Concern about not being believed Concern about being labeled a troublemaker Fear of harmful rumors and loss of privacy Conviction that nothing will be done about the problem Fear that the complaint process could be worse than the harassment Psychological Effects

of Sexual Harassment On the victim: shame, fear, humiliation, selfdoubt, embarrassment, guilt, stress, powerlessness, withdrawal, isolation, degradation On the Work or Learning Unit: morale problems, tarnished reputations, decreased trust, confusion, shock On the Institution: lowered morale, public relations problems, loss of trust, hostile employee/student relations, polarization of men and women, anger toward institution, diminished reputation of institution, recruitment difficulties Economic Effects of Sexual Harassment On the victim: loss of job, job search expenses, loss of seniority, loss of references,

medical expenses, increased absenteeism, reduced productivity On the work or learning unit: reduced productivity, increased work load, supervisors performance review potentially affected, potential turnover costs for recruiting and training, safety can be jeopardized On the institution: legal expenses, cash settlements, reduced productivity, increase in use of benefits Recourse for Victims of Sexual Harassment Tell the offender that the conduct is unwelcome and must stop. Adopt a formal approach. Refuse to answer personal questions. Place a copy of the schools sexual harassment

policy on the offenders desk or in his mailbox. Send the harasser a letter that: 1. 2. 3. 4. 5. Provides a factual account of what happened. Describe how the incident(s) made you feel. Explain what you want to happen next. Deliver the letter in person or mail it. Keep a copy. Personal Behavior Checklist

Maintaining harassment-free schools and campuses is critical for encouraging: An open learning environment Productive and happy employees Good relationships between students and employees of both genders Use the following checklist to consider your own behavior: Does this behavior contribute to getting our goals accomplished? Could this behavior hurt my fellow employees or other students if they were here? Could this behavior be interpreted as harmful or harassing by an outsider? Could this behavior be sending out signals that invite harassing behavior on the part or others? Sexual Harassment

Sexual harassment is prohibited regardless of the sex of the harasser or the victim, i.e., sexual harassment may occur if the harasser and the victim are of the same sex. For Title IX to apply, the discrimination must be based on sex, even where the harasser and victim are he same sex. Sexual Harassment of Students in Schools Sexual harassment of students is illegal. A federal law, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex,

including sexual harassment, in education programs and activities. All public and private education institutions that receive any federal funds must comply with Title IX, which protect students from harassment connected to any of the academic, educational, extracurricular, athletic, and other programs or activities of schools, regardless of the location. Both male and female students are protected from sexual harassment by any school employee, another student, or a non-employee third party. Statistics on Sexual Harassment in Schools

8 in 10 students (81 percent) say they have experienced some form of sexual harassment in school. 2 in 3 students have been targets of sexual comments, touching, grabbing or pinching in a sexual way at school. More than one-third (35 percent) of students who experience harassment report their first occurrence in 6th grade or earlier. Statistics on Sexual Harassment in Schools (cont.)

10th- and 11th- graders are more likely than 8th- and 9th- graders to experience physical harassment. Slightly more than half (54 percent) of students said they have sexually harassed someone during their school lives. Students who experience sexual harassment are most likely to react by avoiding the person who bothered or harassed them (40 percent), talking less in class (24 percent), not wanting to go to school (22 percent), changing their seat in class to get farther away from someone (21 percent), and finding it hard to pay attention in school (20 percent). Statistics on Sexual Harassment in Schools (cont.)

Boys are more than twice as likely to say they have often or occasionally been called gay. 7% of students have been harassed by teachers, with boys and girls equally likely to have this experience. Not even half (40 percent) of students say they would be likely to complaint to a school adult if they were sexually harassed. Girls are twice as likely than boys. 20% of harassed students say they told no one, boys are more likely than girls to tell no one.

from Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School (Commissioned by the American Association of University Womens (AAUW) Educational Foundation), 2001. Section 504 of the Rehabilitation Act of 1973 Prohibits discrimination against disabled

Individuals Serves as comprehensive component of civil rights legislation Applies to all agencies that receive Federal Funding Incorporates broad definition of disability Section 504 states: No otherwise qualified individual with a disabilityshall solely by reason of his or her disability, be excluded from the participation in, be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial

assistance. Definition of a Disability Under Section 504 1) Has a physical or mental impairment which substantially limits one or more of such persons major life activities (selfcare, walking, seeing, learning, breathing, speaking, working) 2) Has a record of such an impairment 3) Is regarded as having such an impairment Section 504 requires:

Disabled students have an equal opportunity to compete when compared to their non-disabled peers. Requires that no qualified disabled person shall be discriminated against or be excluded from participation in any activity. Reasonable accommodations and/or modifications must be made to provide access to programs and facilities. School Districts Responsibilities Include: 1) Providing training for ALL employees annually on Section 504 2) Locating and identifying all children with

disabilities who should be served 3) Providing a free, appropriate public education 4) Providing children with disabilities an equal opportunity to participate in nonacademic and extracurricular services and activities Claiborne County 504 Coordinator: Mrs. Dorothy Shuford Reporting Procedures Any person who believes he/she has been the victim of discrimination/harassment by a school system employee, another adult on school grounds or at school functions, another student, or any third person with knowledge of discrimination/

harassment should report the alleged acts immediately to an appropriate Reporting Procedures continued The school principal is the person responsible for receiving reports at the school level. The principal notifies the director of schools immediately without screening or investigating the report. A written report is also forwarded to the director. If the complaint involves the school principal, the complaint shall be filed directly with the director of schools.

Reporting Procedures (cont.) Dorothy Shuford, Claiborne County 504 Coordinator P.O. Box 179 Tazewell, TN 37879 (423) 626-3543

The Title IX coordinator is to receive complaints of sexual discrimination. The pupil personnel supervisor receives the complaints of non-sexual discrimination The name of the Title IX coordinators and the Title VI coordinator, including a mailing address and telephone number shall be posted. Bullying: Its Everyones Business Best Practices in Bullying Prevention in Tennessee

Tennessee Code Annotated 49-6-1015 Definition of harassment, intimidation, or bullying - Any act that substantially interferes with a students educational benefits, opportunities or performance, that takes place on school grounds, at any school-sponsored activity, on schoolprovided transportation, or at any official school bus stop, and that has the effect of: Physically harming a student or damaging a students property; Knowingly placing a student in reasonable fear of physical harm to the student or damage to the students property; or Creating a hostile educational environment. Bullying is when someone repeatedly and on purpose says or does mean or hurtful things to another person

who has a hard time defending him or herself. Bullying: Is aggressive behavior that intends to cause harm or distress. Is usually repeated over time. Occurs in a relationship where there is an imbalance of power or strength. May include acts carried out by use of a computer, cell phone, or other electronic means. Bullying Can Take Many Forms Physical Violence/Aggression

Verbal Aggression Examples: spreading rumors, excluding from group, silent treatment Racial and Ethnic Harassment

Examples: note writing, graffiti (drawing pictures about someone) Social Alienation/Aggression Examples: threats, a dirty trick, taking possession of property, extortion or stealing money Written Aggression Examples: taunts, teasing, name-calling, and put-downs Intimidation

Examples: hitting, kicking, destroying property Comments or actions containing racial or ethnic content which are unwelcome and make the victim uncomfortable. Examples: ethnic jokes, racial name calling, racial slurs Sexual Harassment Harassment via technology (email, text messaging, etc.) Gender Differences in Bullying

Boys tend to bully with direct bullying or physical or verbal aggression. Girls tend to bully with indirect means such as social aggression. Boys who bully tend to be 1 to 2 years older than their victims. Their victims can be either boys or girls. Girl bullies tend to target other girls Gender Differences in Bullying (cont.)

Girls are more likely to be bullied by a group. Girls are more likely to involve both boys and girls in their bullying pursuits against a victim. Boys identify their behaviors as bullying more often than girls. Group Bullying

Bullies often have charisma and social power that is appealing to peers. If bullies are given a great deal attention, peers are more likely to pattern their behaviors. Peers have been found to be involved in 85% of all bullying Group Bullying (cont.)

No matter what the internal experiences of the bystander are, the bully will experience their attention as a powerful approval that can increase the incidences of bullying. Students who are repeatedly exposed to bullying become Direct Bullying VS Indirect.. Direct bullying: Face-to-face interactions that include physical attacks or any

threatening or intimidating gestures. Indirect bullying: Requires a third party, is often more subtle, and includes social isolation, rumor-spreading, and scapegoating. Tennessee Cyber Bullying Policy Cyber bullying is defined as the use of information and communication technologies,-such e-mail, cell phone text or picture messages, instant messaging, an defamatory personal websites, social networking sites, and online personal polling sites - to support

deliberate, hostile behavior intended to Cyber Bullying Cyber bullying is using the internet and other technology to bully students. Email, instant messaging, online diaries, picture cell phones, web logs or blogs make it easier and quicker for students to make threats, pass on rumors or ostracize their peers. Cyber bullying is no different than bullying in

person. Students who are victims still suffer from the same risks as those being bullied in person. Possible Effects of Cyber Bullying Many altercations at school begin with comments on social networking sites, text messages, instant messages, and emails sent outside of the school day.

I H8 U School Safety Issue Youth who reported being targeted by Internet harassment were eight times more likely than other youth to concurrently report carrying a weapon to school in the past 30 days. Ybarra et al. 2007 What Bullying IS NOT. Bullying is not a form of conflict between people where they are more

or less on equal footing and have equal power. Normal Conflict Versus Bullying Normal Conflict Equal power Happens occasionallyVS Accidental Not serious Equal

emotional reaction Bullying Imbalance of power Repeated negative actions Purposeful Serious, threat of physical harm or emotional hurt Normal Conflict Versus Bullying Normal Conflict

Not seeking power or attention Not trying to get something Remorse, takes responsibility Effort to solve the problem VS

Bullying Strong emotional reaction on the part of the victim Seeking power, control Trying to gain material things or power No remorse, blames victim No effort to solve Common Characteristics Among Youth Who Are Bullied

These children often stand out as different in some way because of - Appearance - Sexual orientation - Intellect - Socio-economic background - Cultural or religious background Victims of Bullying Passive Victim

Nonassertive, submissive, cautious , quiet, cries easily, few friends, anxious, insecure, lacks humor and prosocial skills, physically weak Victims of Bullying Proactive Victim Aggressive, argumentative, disruptive, irritating, easily emotionally aroused, prolongs the conflict, may be diagnosed with ADHD

Victims of Bullying Vicarious Victim Feels vulnerable, moderate to high degree of empathy and sensitivity, does not take a stand due to fear, experiences guilt about failure to act Downward Spiral of Victimization

Repeatedly bullied Lowered self-esteem More ineffective responses More bullying Increased disapproval/avoidance by peers Thoughts of self-blame, I deserve it Hopelessness More bullying

Warning Signs of Being Bullied Is quiet, sensitive, shy Appears anxious or insecure

Appears unhappy, depressed, tearful Cuts, bruises, scratches Headaches, stomachaches Damaged/missing possessions Has few friends Is alone or excluded from friends or peers during break Tries to stay close to the teacher or other adults Has difficulty speaking up Shows a deterioration of school work Effects of Bullying on Victims Academic School

avoidance, truancy Lowered grades and reduced learning Lowered self-esteem Diminished academic risk taking Effects of Bullying on Victims Health Problems Loss of appetite Nervousness Frequent trips to the school nurse

Stomachaches, vomiting Depression Headaches Loss of sleep Effects of Bullying on Victims Adjustment Problems Emotional distress Anxiety Depression Lowered

self-esteem Homicidal ideation and attempts Suicidal ideation and attempts Loneliness Strategies with Victims Use a supportive, fear-reducing style

Reduce self-blame by clear identification of cruel behavior Demonstrate compassion and empathy Connect victim to helpful peers Mobilize caring majority in the classroom For Students Who Are Bullied. Develop resistance skills and teach assertiveness skills. Remove the emotional payoff for the bullies. Remind students that

standing up for themselves does not mean countering aggression with aggression. Ignoring a bully is not enough....they keep at it. Teach children to stand up for themselves. For Students Who Are Bullied. Follow the procedures for the safe reporting of bullying. Explain that this is not tattling but information you need to make school safe for everyone. Reinforce that you are

committed to keeping targets stay safe from reprisals. Common Characteristics of Bullies. Values rewards that aggression can bring Lacks empathy for victims & has difficulty

feeling compassion Lacks guilt: Feels victim provoked attack Likes to be in charge, dominate and win Other parents or role models often model aggression Thinks unrealistically (I should always get what I want) Commonly becomes board and gets a thrill from exerting power Warning Signs of Bullying Others

Frequently teases, intimidates, threatens, ridicules other students Is hot tempered and impulsive Has a hard time following rules Is oppositional, defiant or aggressive towards adults Are concerned with their own desires rather than those of others Find it difficult to see things from someone elses perspective Are willing to use others to get what they want

Common Motivations of Bullies Gain power Gain popularity and attention Act out problems from home Copy what someone else does whom they admire

Perceive it as fun Inflated self-esteem Effective Discipline For Students Who Bully 1) 2) Specific Behavior Expectations Consistent Consequences are: Inevitable Predictable Escalating Work with parents. Maintain a positive tone.

Strategies with Bullies A no-nonsense style Use prosocial consequences Give brief, clear descriptions of

unacceptable behavior and consequences Do not have a long discussion of the situation Correct the bullys thinking errors Identify the victims emotions Build empathy for the victim Re-channel power do not try to suppress Set the culture for your school through the caring majority Serious Talks With Students Who Bully. These questions help young people to think about their actions after they know what their consequences are:

What did you do? What was wrong with that? What problem were you trying to solve? How will you solve that problem next time? As students reflect on their behavior they learn how their behavior affects others and find different ways to meet their needs. Bystanders

Most ignored and underused resource in our schools 85% of a school population the silent majority Become desensitized over time diminished empathy Why dont bystanders get involved??? Fear of retaliation Dont know what to do Afraid theyll make things worse

Worry about losing social status Dont believe that adults will help Strategies for Bystanders Normalize fears and worries Emphasize STRENGTH IN NUMBERS Communicate the expectation to take action Model skills and strategies to take a stand

Acknowledge and reward caring behaviors Why should you Bully-Proof your school? Safe respectful, cooperative schools Higher incidence of academic/social learning

and teaching Improve teacher morale, sense of effectiveness and empowerment System-wide message about intolerance for bullying Change the balance of power so silent majority becomes an empowered caring majority All students have an opportunity to experience power, control, attention, popularity, value, and influence in ways that enhance academic/social learning. Best Practices: What Works? Focus on the School Environment

Bullying behavior will not be allowed. Adults and students will not turn their backs when they spot it. Bullying is everyones business. No-Bullying signs/posters are displayed throughout the school. Classroom Intervention s

Establish class rules against bullying Reinforcement of rules through positive consequences and sanctions School systems health coordinator and school counselors can provide several antibullying resources Basic Rules We will not bully others. We will try to help students who are

bullied. When someone is being bullied, we will report to an adult at school and home. Claiborne County Bullying Initiative Information is knowledge. Knowledge can cause change. Unless we do something with the knowledge, the information is useless. School Climate: A TEAM EFFORT

Laws Regarding Bullying and Harassment At the beginning of each school year all teachers & counselors receive a copy of the Bullying/Harassment Policy and Procedures and receive related training. Principals and teachers are required to investigate harassment, intimidation, bullying or cyber-bullying. Parents & students receive bullying prevention information and have

opportunities to discuss information. Laws Regarding Bullying and Harassment (cont.) The Tennessee Department of Education Office of Civil Rights requires that a Civil Rights and Bullying Compliance Report be prepared and submitted by all Tennessee School Districts at the end of each school year. The report shall indicate the number of bullying cases brought to the attention of school officials during the prior academic year. The report shall also indicate how the cases were resolved and/or the reasons they are

still pending. This report shall be presented to the local board of education at its regular July meeting, and it shall be submitted to the state department of education by August 1. Claiborne County Bullying Procedures HANDOUT: FORMS Staff Procedures to Address Bullying Staff Members Documentation Form for Bullying Incidents Principals/Principal Designee Procedures to Address Bullying

Principals/Principal Designee Bullying Report Form Student Explanation of Bullying Continue The Effort Over Time Bullying Prevention has no end date. Sources Tennessee Code Annotated Claiborne County Board of Education Policy

http :// = Tennessee School Board Association U.S. Department of Education, Office for Civil Rights, Sexual Harassment: Its Not Academic, Washington, D.C.,

2008. Thompson Publishing Group, Educators Guide to Controlling Sexual Harassment, 2002. National Crime Prevention Council, 2006.

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