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Sexual Harassment

Understanding Sexual Harassment

What is Sexual Harassment?

According to the Equal Employment Opportunities Commission, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct by an individual is made explicitly or implicitly a term or condition of employment;
• Submission to, or rejection of, such conduct by an individual is used as the basis for an employment decision;
• Such conduct has the purpose or effect of interfering with an individual’s work performance or creates a hostile or intimidating environment.

What are the Six Types of Sexual Harassment?

  1. Quid Pro Quo: A school district employee conditions an educational benefit or service on an individual’s participation in unwelcome sexual conduct.
  1. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s educational program or activity. Where verbal or non-verbal behavior in the workplace:
    • focuses on the sexuality of another person and occurs because of the person’s gender;
    • is unwelcome or unwanted; 
    • is severe or pervasive enough to affect the person’s work environment; includes off-color jokes, suggestive pictures, leering, staring, touching, excessive attention, letters, calls, assault, and rape.
  1. Sexual Assault: Forcible or non-forcible sexual offenses under the Uniform Crime Reporting System of the FBI.
  1. Dating Violence: Violence done by a person who is, or has been, in a dating relationship with the other person. 
  1. Domestic Violence: Violence by a current or former intimate partner.
  1. Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for the personal safety of self or others; or to suffer emotional distress

What is Sexual Harassment of a Student?

Sexual harassment of a student by an employee includes:
• welcome or unwelcome sexual advances;
• requests for sexual favors; and 
• other verbal or non-verbal, physical or visual 
conduct of a sexual nature. 
This could include engaging in sexually oriented conversations, physical contact that would be reasonably construed as sexual in nature, and enticing or threatening a student to engage in sexual behavior in exchange for grades or other school-related benefits. Sexual harassment of a student by another student includes unwanted and unwelcome verbal or physical conduct of a sexual nature, including gestures, requests for sexual favors, or any other sexual conduct.

What is Sexual Abuse

Sexual abuse is defined as “illegal sex acts performed against a minor...” It includes, but is not limited to, fondling, sexual assault, or other sexual conduct. Sexual abuse is a form of child abuse that must be reported to appropriate law enforcement authorities within the required time frame. 

What Laws Address Sexual Harassment?

  • Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e
  • Title IX of the Education Amendments of 1972, 20 U.S.C. §1681
  • Fourteenth Amendment of the U.S. Constitution, 42 U.S.C. §1983
  • Texas Commission on Human Rights Act, Tex. Labor Code Ch. 2
  • Texas Education Code 37.083 (b)

Does the Student Code of Conduct Address Sexual Harassment?

Students shall not engage in conduct that constitutes sexual harassment or sexual abuse, whether by word, gesture, or any other conduct, directed toward another person, including a district student, employee, board member, or volunteer. Students found to have violated this rule are subject to disciplinary action.

Reporting Sexual Harassment

    • Be direct and candid. Let your feelings be known.

    • Contact your principal or supervisor.

    • Contact can also begin with the Assistant Superintendent for Administrative Services or the Executive Director of Personnel Services.



       

  • The Mesquite Independent School District has designated Emilio Duran and Chassordee Willie in Personnel Services as Title IX Coordinators. They may be contacted at 3819 Towne Crossing Blvd., Mesquite, Texas 75150, or by calling (972) 288-6411.

  • To the greatest extent possible, complaints will be treated confidentially. Limited disclosure may be necessary to complete a thorough investigation or to comply with legal requirements.
     

Mesquite ISD Policy (DH/DIA)

 It is the policy of the Mesquite Independent School District to maintain a professional business environment and workplace that is free of all forms of sexual harassment. This policy applies to actions of all District employees and any other persons who come in contact with Mesquite Independent School District students and employees. The District will provide information and an ongoing employee training program in an effort to prevent and/or reduce occurrences of sexual harassment.

Sexual harassment includes, but is not limited to, unwelcome sexual advances, making sexually offensive remarks, requests for sexual favors, such conduct that affects employment decisions or creates a hostile or offensive working environment, and other verbal (oral or written), physical, or visual conduct of a sexual nature.

The Mesquite Independent School District does not tolerate sexual harassment, nor does it tolerate reprisal against a person who makes a sexual harassment complaint or witnesses who participate in the same. Principals, teachers, supervisors, and employees who violate this policy are subject to disciplinary action up to and including termination. All employees are responsible for reporting incidents of sexual harassment. Such reports should be made to the immediate supervisor or directly to the Assistant Superintendent for Administrative Services or to the Executive Director of Personnel Services, if an employee is involved. The District shall investigate all allegations of sexual harassment through the office of the Assistant Superintendent for Administrative Services or Executive Director of Personnel Services and shall take appropriate disciplinary action against employees found to have engaged in such harassment. 

Employees who are not satisfied with the findings and/or remedies pertaining to claims of sexual harassment should follow the appeal procedures as outlined in Policy DIA. [Title IX of the 1977 Education Amendments, Title VII Civil Rights Act 1964] [Education Code 37.083 (b) 42.U.S.C. 2000e - 2 (a), 29 CFR 1604.11 (a), 20 U.S.C. 1681 (a)]

— MISD Policies and Procedures, Revised 2019