The Montclair Public Schools is committed to a workplace free of discrimination and harassment based on race, color, religion, age, sex, national origin, disability, or any other basis protected by federal, state, or local laws. In an effort to prevent such illegal harassment or discrimination from occurring, we will communicate and enforce this policy consistently. No employee of this district is exempt from this policy. Disciplinary action, up to and including termination, may be taken against any employee engaging in this type or behavior, or against any employee who in bad faith makes a false or dishonest claim of harassment or discrimination. Any supervisor or manager who has knowledge of such behavior yet fails to take appropriate action is also subject to discipline.
Definition of Harassment: "Harassment, intimidation or bullying" is defined as any gesture or written, verbal or physical act that is reasonably perceived as being motivated either by any actual or perceived characteristic. including but not limited to: race, color, religion, ethnicity, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic, that effects such individuals within the jurisdiction of the board, and that a reasonable person should know, under the circumstances, will have the effect of harming a person or person’s property, or placing a person’s property in reasonable fear of harm or damage; or has the effect of insulting or demeaning any person or group in such a way as to cause disruption in, or interference with, the orderly operation of the school.
Cyber-Harassment: Is the use of electronic information and/or communication devices, to include but not be limited to, email messages, instant messaging, text messaging, cellular telephone communications, internet blogs, chats and/or threaded discussions; Internet postings, images, and websites, that deliberately threaten, harass, intimidate, belittle or bullies an individual or group of individuals; or places an individual in reasonable fear of harm to the individual or damage to the individual's property; or has the effect of substantially disrupting the orderly operation of the school.
Sexual Harassment: Examples may be a request or demand for sexual favors accompanied by a threat concerning an individual’s employment status or a promise of preferential treatment; or unnecessary and unwelcome contacts or touching of an individual; or offensive jokes, comments, slurs, communications, faxes, posters, cartoons, or gestures which have the effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Reporting Complaints: Any employee who believes he or she is being discriminated against or harassed based on any of the grounds stated above should report it immediately to his or her direct supervisor, to the affirmative action officer or to the human resources department. The district will investigate the complaint, make a written determination of its conclusion and, when appropriate, prepare a plan of action to correct the problem and prevent its reoccurrence.
Non-Retaliation: Under no circumstances will an employee be penalized for reporting what the employee believes in good faith to be harassment under this policy. If you believe that you are being retaliated against for bringing a complaint of harassment or discrimination, you should report such conduct immediately to your direct supervisor, the affirmative action officer or to the human resources department. Any supervisor or manager who retaliates against an employee for making a complaint shall be subject to disciplinary action up to and including termination. If you have questions about this policy, please contact the Human Resources Department or the district Affirmative Action Officer. The success of our policy depends, in significant part, upon the understanding and cooperation of all our employees. Therefore, we ask you to sign the following acknowledgment: