- Introduction
- Harassment and Discrimination Prohibited
-
- 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:
- Submission to the conduct or communication is explicitly or implicitly made a term or condition of the individual's employment;
- Submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual; or
- 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.
- 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.
- Whether conduct constitutes Harassment or discrimination is judged under the totality of the circumstances, which may include, but is not limited to:
- The frequency of the conduct or communication, recognizing that a single incident (if sufficiently egregious) may rise to the level of Harassment or discrimination;
- The number of staff members engaged in the conduct or communication;
- 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;
- The duration of the conduct or communication;
- The location where the conduct or communication occurred;
- Whether the conduct or communication is threatening;
- Whether any power differential exists between the staff member alleged to have engaged in Harassment and the staff member alleging the Harassment or discrimination;
- Any use of epithets, slurs, or other conduct or communication that is humiliating or degrading; and
- Whether the conduct or communication reflects stereotypes about an individual or group of individuals in a protected class.
- 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:
- Reporting
- Investigation
- The investigation conducted must be fair, impartial, and prompt.
- The standard of proof to be applied to the findings of whether Harassment or discrimination occurred shall be preponderance of the evidence.
- The individual investigating the complaint will complete the investigation and render a decision within a reasonable amount of time.
- 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.
- 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.
- Record Keeping
- Notice of Policy
Notice of this Policy shall be provided to all employees via publication on the District website.
Adopted: June 10, 2024Legal 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) | |