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SHIPMAN RECOMMENDED POLICY REPLACEMENT
Key updates: prohibition of discrimination or harassment on the basis of gender identity or
sexual orientation
4118.112P
PERSONNEL
SEX DISCRIMINATION AND SEXUAL HARASSMENT
IN THE WORKPLACE (PERSONNEL) POLICY
It is the policy of the Colchester Board of Education (the “Board”) for the Colchester Public
Schools (the “District”) that any form of sex discrimination or sexual harassment is prohibited in
the Board’s education programs and activities, whether by students, Board employees or third
parties subject to substantial control by the Board. It is the policy of the Board to maintain a
working environment free from harassment, insults or intimidation on the basis of an
employee's sex and free from discrimination based on sex.
The Board does not discriminate on the basis of sex in the education programs or activities that
it operates and the Board is required by Title IX of the Education Amendments of 1972 and its
implementing regulations (“Title IX”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and
Connecticut law not to discriminate in such a manner. Discrimination or harassment on the
basis of sex includes discrimination or harassment on the basis of gender identity or sexual
orientation. Students, Board employees and third parties are required to adhere to a standard
of conduct that is respectful of the rights of all parties. Any employee or student who engages in
conduct prohibited by this Policy shall be subject to disciplinary action, up to and including
termination or expulsion, respectively. Third parties who engage in conduct prohibited by this
Policy shall be subject to other sanctions, which may include exclusion from Board property
and/or activities. Individuals who engage in acts of sex discrimination or sexual harassment
may also be subject to civil and criminal penalties.
For conduct to violate Title IX, the conduct must have occurred in an education program or
activity of the Board; the conduct must have occurred within the United States of America; and
the complainant must be participating in or attempting to participate in the education program
or activity of the Board. Conduct that does not meet these requirements still may constitute a
violation of Title VII, Connecticut law, and/or another Board policy.
The Superintendent of Schools shall develop Administrative Regulations implementing this
Policy and in accordance with Title IX, Title VII, and Connecticut law (the “Administrative
Regulations”).
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 1 of 7
Sex discrimination occurs when an employer refuses to hire, disciplines or discharges any
individual, or otherwise discriminates against an individual with respect to his or her
compensation, terms, conditions, or privileges of employment on the basis of the individual’s
sex. Sex discrimination also occurs when a person, because of the person’s sex, is denied
participation in or the benefits of any education program or activity receiving federal financial
assistance.
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more
of the following:
(1) An employee of the Board conditioning the provision of an aid, benefit, or service of
the Board on an individual’s participation in unwelcome sexual conduct (i.e., quid pro
quo);
(2) 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
Board’s education programs or activities; or
(3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined
in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or
“stalking” as defined in 34 U.S.C. 12291(a)(30).
Sexual harassment under Title VII and Connecticut law means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
working environment.
Reporting Sex Discrimination or Sexual Harassment
It is the express policy of the Board to encourage victims of sex discrimination and/or sexual
harassment to report such claims. Employees are encouraged to report complaints of sex
discrimination and/or sexual harassment promptly in accordance with the appropriate process
set forth in the Administrative Regulations. The Board directs its employees to respond to such
complaints in a prompt and equitable manner.
Violations of this Policy by employees will not be permitted and may result in discipline up to
and including discharge from employment. Individuals who engage in acts of sex discrimination
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 2 of 7
or sexual harassment may also be subject to civil and criminal penalties. Retaliation against any
employee for complaining about sex discrimination or sexual harassment is prohibited under
this Policy and illegal under state and federal law.
Any Board employee with notice of sex discrimination and/or sexual harassment allegations
shall immediately report such information to the building principal and/or the Title IX
Coordinator, or if the employee does not work in a school building, to the Title IX Coordinator.
The Colchester Public Schools administration (the “Administration”) shall provide training to
Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an
informal resolution process (as set forth in the Administrative Regulations), which training shall
include, but need not be limited to, the definition of sex discrimination and sexual harassment,
the scope of the Board’s education program and activity, how to conduct an investigation and
implement the grievance process, and how to serve impartially, including by avoiding
prejudgment of the facts at issue, conflicts of interest, and bias. The Administration shall make
the training materials used to provide these trainings publicly available on the Board’s website.
The Administration shall also periodically provide training to all Board employees on the topic of
sex discrimination and sexual harassment under Title IX, Title VII, and Connecticut law, which
shall include but not be limited to when reports of sex discrimination and/or sexual harassment
must be made. The Administration shall distribute this Policy and the Administrative Regulations
to employees, union representatives, students, parents and legal guardians and make the Policy
and the Administrative Regulations available on the Board’s website to promote an environment
free of sex discrimination and sexual harassment.
The Board’s Title IX Coordinator is the Director of Pupil Services and Special Education. Any
individual may make a report of sex discrimination and/or sexual harassment to any Board
employee or directly to the Title IX Coordinator using any one, or multiple, of the following
points of contact:
Director of Pupil Services and Special Education
380 Norwich Avenue, Colchester, CT 06415, 860.537.3103
Any Board employee in receipt of allegations of sex discrimination or sexual harassment, or in
receipt of a formal complaint, shall immediately forward such information to the Title IX
Coordinator. Board employees may also make a report of sexual harassment and/or sex
discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S.
Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone:
617-289-0111).
Employees may also make a report of sexual harassment and/or sex discrimination to the
Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard,
Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number:
1-800-477-5737).
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 3 of 7
Legal References:
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a).
Equal Employment Opportunity Commission Policy Guidance on Current
Issues of Sexual Harassment (N-915.050), March 19, 1990.
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR § 106, et seq.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Conn. Gen. Stat. § 46a-54 - Commission powers Connecticut
Conn. Gen. Stat. § 46a-60 - Discriminatory employment practices
prohibited.
Conn. Gen. Stat. § 46a-81c - Sexual orientation discrimination:
Employment
Conn. Gen. Stat. § 10-153 - Discrimination on the basis of sex, gender
identity or expression or marital status prohibited
Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207
It is the policy of the board of education to maintain a working environment free from
harassment, insults or intimidation on the basis of an employee's sex and free from
discrimination based on sex. Verbal or physical conduct by a supervisor or co-worker relating
to an employee's sex which has the effect of creating an intimidating, hostile or offensive work
environment, unreasonably interfering with the employee's work performance, or adversely
affecting the employee's employment opportunities is prohibited.
Discrimination
Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges
any individual, or otherwise discriminates against an individual with respect to his or her
compensation, terms, conditions, or privileges of employment on the basis of the individual’s
sex. Sex discrimination is also defined as when a person, because of his or her sex, is denied
participation in, or the benefits of, a program that receives federal financial assistance.
Harassment
Sexual harassment is a form of sex discrimination. While it is difficult to define sexual
harassment precisely, it does include any unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment;
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 4 of 7
2. Submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive
work environment.
Although not an exhaustive list, the following are examples of the type of conduct prohibited
by the policy against sexual harassment:
1. Unwelcome sexual advances from a co-worker or supervisor, such as unwanted
hugs, touches, or kisses;
2. Unwelcome attention of a sexual nature, such as degrading, suggestive or lewd
remarks or noises;
3. Dirty jokes, derogatory or pornographic posters, cartoons or drawings;
4. The threat or suggestion that continued employment advancement, assignment
or earnings depend on whether or not the employee will submit to or tolerate
harassment;
5. Circulating, showing, or exchanging emails, text messages, digital images or
websites of a sexual nature;
6. Using computer systems, including email, instant messaging, text messaging,
blogging or the use of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by this policy.
Any infraction of this policy by supervisors or co-workers should be reported immediately to
the Title IX Coordinator, the Superintendent, or his/her designee in accordance with the
district’s sex discrimination and sexual harassment grievance procedure. Retaliation against
any employee for complaining about sex discrimination or sexual harassment is prohibited
under this policy and illegal under state and federal law. Violations of this policy will not be
permitted and may result in discipline up to and including discharge from employment.
Individuals who engage in acts of sex discrimination or sexual harassment may also be subject
to civil and criminal penalties.
Legal References:
United States Constitution, Amendment XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a).
Equal Employment Opportunity Commission Policy Guidance on Current
Issues of Sexual Harassment (N-915.050), March 19, 1990.
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR § 106, et seq.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Constitution of the State of Connecticut, Article I, Section 20
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 5 of 7
Connecticut General Statutes § 46a-60 Discriminatory employment
practices prohibited.
Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207
ADOPTED: December 13, 2016
REVISED: November 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 6 of 7
COMPLAINT FORM REGARDING SEX DISCRIMINATION
AND SEXUAL HARASSMENT (PERSONNEL)
Name of the complainant ________________________________________________
Date of the complaint ____________________________________________________
Date of the alleged discrimination/harassment ________________________________
Name or names of the discriminator(s) or harasser(s) __________________________
_____________________________________________________________________
Location where such discrimination/harassment occurred _______________________
_____________________________________________________________________
Name(s) of any witness(es) to the discrimination/harassment ____________________
_____________________________________________________________________
Detailed statement of the circumstances constituting the alleged discrimination or
Harassment ___________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
SEX DISCRIMINATION AND SEXUAL HARASSMENT IN THE WORKPLACE (PERSONNEL) POLICY Page 7 of 7