RACIAL HARASSMENT

The board is committed to providing a positive and productive working and learning environment, free from discrimination, including harassment, on the basis of race, color or national origin. Racial harassment will not be tolerated in the school district. Racial harassment of employees or students of the district by board members, administrators, certified and support personnel, students, vendors, and any others having business or other contact with the school district is strictly prohibited.

Racial harassment is unlawful discrimination on the basis of race, color or national origin under Titles VI and VII Civil Rights Act of 1964, and the Kansas Acts Against Discrimination. All forms of racial harassment are prohibited at school, on school property, and at all school-sponsored activities, programs or events. Racial harassment against individuals associated with the school is prohibited, whether or not the harassment occurs on school grounds.

It shall be a violation of this policy for any student, employee or third party (visit, vendor, etc.) to racially harass any student, employee, or other individual associated with the school. It shall further be a violation for any employee to discourage a student or another employee from filing a complaint, or to fail to investigate or refer for investigation, any complaint lodged under the provisions of this policy. Violations of this policy by any employee shall result in disciplinary action, up to and including termination.

Racial Harassment is racially motivated conduct which:

1. Affords an employee different treatment, solely on the basis of race, color or national origin, in a manner which interferes with or limits the ability of the employee to participate in or benefit from the services, activities or programs of the school;
2. Is sufficiently severe, pervasive or persistent so as to have the purpose or effect of creating a hostile working environment;
3. Is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual’s work performance or employment opportunities.
4. Racial harassment may result from verbal or physical conduct or written or graphic material.

The district encourages all victims of racial harassment and persons with knowledge of such harassment to report the harassment immediately (within 10 days). Complaints of racial harassment will be promptly (within 10 days) investigated and resolved.

Employees who believe they have been subjected to racial harassment should discuss the problem with their immediate supervisor. If an employee’s immediate supervisor is the alleged harasser, the employee should discuss the problem with the district compliance coordinator. Employees who do not believe the matter is appropriately resolved through this meeting may file a formal complaint under the district’s discrimination complaint procedure found in the certified and classified staff handbooks and board policy KN.

Complaints received will be investigated to determine whether, under the totality of the circumstances, the alleged behavior constitutes racial harassment under the definition outlined above. Unacceptable conduct may or may not constitute racial harassment, depending on the nature of the conduct and its severity, pervasiness and persistence. Behaviors that are unacceptable but do not constitute harassment may also result in employee discipline.

Any employee who witnesses an act of racial harassment or receives a complaint of harassment or received a complaint of harassment from another employee or a student shall report the complaint to the immediate supervisor or the district compliance officer. Employees who fail to report complaints or incidents of racial harassment to appropriate school officials may face disciplinary action. Administrators, directors, and supervisors who fail to investigate and take appropriate corrective action in response to complaints of racial harassment may also face disciplinary action.

Initiation of a complaint of racial harassment in good faith will not adversely affect the job security or status of an employee, nor will it affect his or her compensation. Any act of retaliation against any person who has filed a complaint or testified, assisted, or participated in an investigation of a racial harassment complaint is prohibited. Any person who retaliates is subject to immediate disciplinary action that may include termination of employment.

To the extent possible, confidentiality will be maintained throughout the investigation of a complaint. The desire for confidentiality must be balanced with the district’s obligation to conduct a thorough investigation, to take appropriate corrective action or to provide due process to the accused.

False or malicious complaints of racial harassment may result in corrective or disciplinary action against the complainant.

This policy shall be posted in each district facility and will be published yearly in the staff handbooks.