Unlawful Harassment (Including Sexual Harassment)

Overview

Geneva is committed to providing a work and student environment free of unlawful harassment. The school’s policy prohibits sexual harassment and harassment based on race, sex, color, ethnicity, religion*, national origin, disability, genetic information, age, military status, or any other basis protected by federal, state or local law or ordinance or regulation. All such harassment is unlawful.

The School’s Policy Against Unlawful Harassment applies to all persons involved in the operation of the school and prohibits unlawful harassment by or toward any student or employee of the school. The school will also take all reasonable steps to prevent or eliminate harassment by or toward employees and non-employees—including students, guests, visitors, vendors, suppliers, donors, volunteers and anyone else who may have job-related contact with school employees.

* The School reserves the right to use religion as a hiring criterion for all positions, due to the mission and nature of our School as a faith-based institution, as permitted by law.

Prohibitions

Prohibited harassment of an employee is defined as physical, verbal, or nonverbal conduct based on an employee’s race, color, religion*, gender, national origin, age, disability, or any other basis prohibited by law, when the conduct is so severe, persistent or pervasive that the conduct:

• Has the purpose or effect of unreasonably interfering with the employee’s work performance.
• Creates an intimidating, threatening, hostile or offensive work environment; or
• Otherwise adversely affects the employee’s performance, environment or employment opportunities.

Sexual harassment is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal or nonverbal conduct; or other conduct or communication of a sexual nature when:

• Submission to the conduct is either explicitly or implicitly a condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or

• The conduct is so severe, persistent or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance, or creates an intimidating, threatening, hostile or offensive work environment.

  All unlawful sexual harassment is prohibited and includes, but is not limited to, the following behavior:

  • Verbal conduct such as epithets, derogatory jokes or comments, slurs, or unwanted sexual advances, invitations or comments
  • Visual conduct such as derogatory and/or sexually oriented posters, photography, cartoons, drawings or gestures
  • Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with work because of sex, race, or any other protected basis
  • Threats and demands to submit to sexual requests as a condition of continued employment or to avoid some other loss, and offers of employment benefits in return for sexual favors
  • Retaliation for having reported or threatened to report harassment

This policy applies to all phases of employment (whether on or off campus, and whether it occurs during or after regular business hours), including, but not limited to, recruiting, testing, hiring, upgrading, promotion, demotion, transfer, layoff, termination, rates of pay, benefits and selection for training.

Filing a Harassment Complaint with the School

If an employee believes that he/she or another employee has been subjected to or has observed any form of unlawful harassment, provide a complaint, preferably written, to the employee’s supervisor or to Human Resources.

If an employee has knowledge that a student has complained or been subjected to unlawful harassment or discrimination, the employee has a duty to immediately report this information to his/her supervisor or to Human Resources. Failure to timely report knowledge of sexual harassment, discrimination or harassment under this policy may be grounds for disciplinary action.

If these individuals are not available, or if the employee believes that one of these individuals has engaged in inappropriate behavior in violation of this policy, or if he/she is uncomfortable reporting the conduct to these individuals for any reason, provide the complaint to the HOS. If the HOS is the object of the complaint, please direct the complaint to the President of the Board of Trustees.

Employees should report complaints of harassment as soon as possible. The complaint should be specific and should include the names of individuals involved and the names of any witnesses.

In addition, when supervisors are made aware of conduct that violates or may violate this policy, they must report all instances to Human Resources or to the HOS.

Investigations

The school will, as soon as practical, review the complaint and as deemed necessary undertake a thorough investigation and will attempt to resolve the issue. Those investigating for the school will preserve the confidentiality of facts and identities as much as practical. Those making complaints or participating in investigations are expected to maintain appropriate confidentiality as well, to the extent allowed by law, and to always act professionally and discreetly. The School will not retaliate against any employee for filing a complaint or for participating in an investigation in good faith.

Consequences

If the School determines that unlawful harassment or discrimination has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the school to be responsible for unlawful harassment or discrimination will be subject to disciplinary action, up to and including termination. Appropriate action will also be taken to deter future harassment.

Non-Retaliation

There will be no retaliation against any employee who brings a complaint in good faith under the Unlawful Harassment Policy or who honestly assists in investigating such a complaint, even if the investigation produces insufficient evidence that there has been a violation, or if the charges cannot be proven.