GBED – Prevention of Harassment and Discrimination of Staff

1. Introduction

This Policy is to satisfy the requirements of C.R.S. § 24-34-400.2(3)(a)(I) and C.R.S. § 24-34-402(1.5)(a)(II), as an additional measure to address staff allegations of Harassment and discrimination. This Policy is separate from and in addition to the Grievance Procedures incorporated in AC-R Nondiscrimination/Equal Opportunity (Complaint and Compliance Process) and AC-R-3 Sexual Harassment (Grievance Procedure - Staff Members). It is the policy of the District that Harassment or discrimination in any form is strictly prohibited and shall not be tolerated. Management and supervisory personnel, at all levels, are responsible for taking reasonable and necessary action to prevent Harassment and discrimination, deter future Harassment and discrimination, and protect employees from Harassment and discrimination. All members of the District community, staff, and students are required to promptly report conduct that may be in violation of this Policy. The District will (1) respond to every complaint of Harassment or discrimination reported, (2) take responsive action when Harassment or discrimination is discovered, (3) impose appropriate sanctions when warranted, and (4) protect the privacy of the parties, as well as all other individuals involved in the investigation or addressing of the Harassment or discrimination complaints, to the extent practical and appropriate under the circumstances. The above actions shall be taken in compliance with and to the extent permitted by law. The District may utilize multiple or alternative policies to address the allegations as deemed appropriate based on the nature of the allegations and corresponding legal requirements. In instances where implementation of this Policy or the procedures contained herein conflict with federal law, federal law shall prevail.

2. Harassment and Discrimination Prohibited

1. 1. For purposes of this Policy GBED only, "Harass" or "Harassment" means to engage in, or the act of engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication directed at an individual or group of individuals because of that individual's or group's membership in, or perceived membership in, a protected class, which conduct or communication is subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute a discriminatory or an unfair employment practice and is a violation of this Policy if:
      1. Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's employment;
      2. Submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual; or
      3. The conduct or communication has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment.
   2. Since workplaces are not always harmonious environments, policies and practices implemented to prevent and address Harassment and discrimination are not designed to create a general civility code for the workplace. Petty slights, rude treatment, minor annoyances, callous behaviors, routine differences of opinion, personality conflicts, and a lack of good manners do not constitute Harassment or discrimination under this Policy unless the slights, annoyances, or lack of good manners, et al. when taken individually or in combination under the totality of the circumstances, meet the standards set forth in this Policy.
   3. Whether conduct constitutes Harassment or discrimination is judged under the totality of the circumstances, which may include, but is not limited to:
      1. The frequency of the conduct or communication, recognizing that a single incident (if sufficiently egregious) may rise to the level of Harassment or discrimination;
      2. The number of staff members engaged in the conduct or communication;
      3. The type or nature of the conduct of communication, recognizing that conduct or communication that, at one time, was or is welcome between two or more staff members may later become unwelcome to one or more of those staff members;
      4. The duration of the conduct or communication;
      5. The location where the conduct or communication occurred;
      6. Whether the conduct or communication is threatening;
      7. Whether any power differential exists between the staff member alleged to have engaged in Harassment and the staff member alleging the Harassment or discrimination;
      8. Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading; and
      9. Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class.

3. Reporting

Any staff member who believes they may have experienced Harassment or discrimination or believes they may have observed Harassment or discrimination taking place, shall immediately report this information to their immediate supervisor, any administrator in the building, or the Office of Human Resources. If the complaint involves the staff member's immediate supervisor, the staff member may report to the administrator who supervises the supervisor or the Office of Human Resources. All reports of Harassment or discrimination shall be memorialized in writing using the Employee Complaint of Harassment form.

4. Investigation

If the complaint of Harassment or discrimination is not made directly to the Office of Human Resources, the supervisor or administrator receiving the complaint shall immediately refer the matter to the Office of Human Resources for investigation of the complaint according to the following:

1. The investigation conducted must be fair, impartial, and prompt.
2. The standard of proof to be applied to the findings of whether Harassment or discrimination occurred shall be preponderance of the evidence.
3. The individual investigating the complaint will complete the investigation and render a decision within a reasonable amount of time.

5. Sanctions/Remedies

Any staff member found to have engaged in Harassment or discrimination shall be subject to sanctions and/or remedies, including, but not limited to, verbal warnings, letters of expectation, letters of direction, letters of reprimand, suspension, or termination, subject to applicable procedural requirements and may be required to participate in educational trainings related to Harassment or discrimination.

6. Retaliation

No reprisals or retaliation shall be allowed for the good faith reporting of complaints of Harassment or discrimination, or as a result of participation in the investigation of the same. Filing of a complaint or otherwise reporting Harassment or discrimination in good faith shall not reflect upon a staff member's status or affect future employment or work assignments and/or promotions.

7. Record Keeping

Records of complaints maintained in accordance with this Policy are not public records, as defined in C.R.S. § 24-72-202(6), are considered personnel records, as defined in C.R.S. § 24-72-202(4.5), and are not open to public inspection pursuant to C.R.S. § 24-72-204(3)(a)(II)(A). Additionally, in accordance with C.R.S. § 24-72-204(3)(a)(X), any record of a sexual harassment complaint or investigation is not open to public inspection except as specified in C.R.S. § 24-72-204(3)(a)(X).

8. Notice of Policy

Notice of this Policy shall be provided to all employees via publication on the District website.

Adopted: June 10, 2024

Cross References:	AC-E-1 – Notice of Nondiscrimination/Equal Opportunity
	AC-R – Nondiscrimination/Equal Opportunity (Complaint and Compliance Process)
	AC-R-1 – Nondiscrimination on the Basis of Sex (Compliance with Title IX)
	AC-R-2 – Sexual Discrimination and Harassment
	AC-R-3 – Sexual Harassment (Grievance Procedure – Staff Members)
	AC-R-4 – Sexual Harassment of Students
	AC-R-3, Sexual Harassment of Students (Grievance Procedure)
	AC-R-6 – Nondiscrimination on the Basis of Ethnicity and Race
	AC-R-7 – Nondiscrimination on the Basis of Handicap/Disability (Compliance with Section_504
	AC-R-8 – Human Relations
	GBEB – Staff Conduct
	GBJ – Personnel Records

Legal References:	C.R.S. § 22-32-109(1)(II) (Board duty to adopt written polices prohibiting discrimination)
	C.R.S. § 24-34-301et seq. (Colorado Civil Rights Division)
	C.R.S. § 24-34-301(1) (definition of age)
	C.R.S. § 24-34-301(7) (definition of disability)
	C.R.S. § 24-34-301(9) (definition of gender expression)
	C.R.S. § 24-34-301(10) (definition of gender identity)
	C.R.S. § 24-34-301(14) (definition of marital status)
	C.R.S. § 24-34-301(21) (definition of race)
	C.R.S. § 24-34-301(24) (definition of sexual orientation)
	C.R.S. § 24-34-402 et seq. (discriminatory or unfair employment practices)
	C.R.S. § 24-34-402.3 (discrimination based on pregnancy, childbirth, or related condition)

Adoption Date: June 10, 2024