GBAA – Sexual Harassment – Employees/Staff


The purpose of this policy is to maintain a working environment that is free from sexual harassment or other improper and inappropriate behavior that may constitute harassment as defined below.

Sexual harassment is against the law and is against school board policy.  Any form of sexual harassment is strictly prohibited.  It is a violation of this policy for any employee or third party to harass any person through conduct or communication of a sexual nature as defined by this policy.

“Employee” shall include, but not be limited to all school district staff, teachers, non-certified personnel, administrators, volunteers, coaches and/or other such personnel whose employment or position is directed by the school district.

“Third parties” include, but are not limited to parents, school visitors, service contractors or others engaged in district business, such as employees of businesses or organizations participating in cooperative work programs with the district and others not directly subject to district control.

The District will investigate all complaints, either formal or informal, verbal or written, of sexual harassment and will discipline any employee who sexually harasses or is sexually violent toward another person.


Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexual physical conduct, and /or conduct of a sexual nature when:

  1. Submitting to the unwelcome conduct is made a term or condition of an individual’s employment, either explicitly or implicitly.
  2. Submitting to or rejecting the unwelcome conduct is used as the basis for decisions affecting a person’s employment; or
  3. The unwelcome conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment may include, but is not limited to:

  1. Verbal harassment and/or abuse of a sexual nature;
  2. Subtle pressure for sexual activity;
  3. Inappropriate patting, pinching or other touching;
  4. Intentional brushing against an employee’s body;
  5. Demands for sexual favors accompanied by implied or overt threats;
  6. Demands for sexual favors accompanied by implied or overt promises of preferential treatment;
  7. Any sexually motivated unwelcome touching; or physical contact, including sexual assault;
  8. Display or distribution of written or graphic material that is obscene, sexually suggestive or derogatory, or shows hostility towards an individual or group based on sex; or;
  9. Jokes, comments, or gestures of a sexual nature that are derogatory o show hostility towards an individual or group based on sex.


  1. The Superintendent or his/her written designee is responsible for implementing all procedures of this policy. Additionally, the Superintendent may develop and implement additional administrative regulations in furtherance of this policy.
  2. Any employee who believes he or she has been the victim of sexual harassment should report the alleged act(s) to a supervisor or other designated individual. If the alleged perpetrator is the Principal, the alleged victim may report the allegation to any other district employee.  That employee shall then report the allegation to the Superintendent.  The Board encourages the reporting employee to use the Report Form available from the Human Resources Office.
  3. In each building, the Principal is the person responsible for receiving oral or written reports of sexual harassment. Upon receipt of a report, the Principal will notify the Superintendent immediately without screening or investigating the report.  If the report was given verbally, the Principal shall reduce it to written form within 24 hours and then forward it to the Superintendent.  Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal, the complaint shall be filed directly with the Superintendent.
  4. The Board designates the Superintendent as the District Human Rights Officer to receive any report or complaint of sexual harassment. If the complaint involves the Superintendent, the complaint shall be filed directly with the School Board. The District shall post the name of the Human Rights Officer in conspicuous places throughout school buildings, including a telephone number and mailing address.
  5. Submission of a complaint or report of sexual harassment will not affect the employee’s standing in school, future employment, or work assignments.
  6. The use of formal Reporting Forms provided by the District is voluntary. The District will respect the confidentiality of the complainant and the person(s) against whom the complaint is filed as much as possible, consistent with the School District’s legal obligations and the necessity to investigate allegations of sexual harassment and take disciplinary action when the conduct has occurred.

The Human Rights Officer will properly initiate an investigation upon receipt of a report or complaint alleging sexual harassment.  This investigation may be conducted by District officials or by an independent investigator designated by the School Board.

If District officials conduct the investigation, the investigation should consider the surrounding circumstances, the nature of the sexual advances, the relationship between the parties and the context in which the alleged incidents occurred.  Whether a particular action or incident constitutes sexual harassment requires a determination based on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint.  The investigation may also consist of any other methods and documents deemed pertinent by the investigator.  Students who are interviewed may have a parent or other representative present.

In addition, the District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.

If the Board determines that a third-party designee should conduct the investigation, the District agrees to assent to that party’s methods of investigation.

Upon completion of an investigation conducted by either District officials or an independent investigator, the Board and the Superintendent will be provided with a written factual report and recommended action.


If the investigating party determines that the alleged conduct constituted sexual harassment, the Superintendent may discipline the offending employee.  Such discipline may include, but is not limited to, a warning, training, temporary suspension or dismissal.  If the investigating party determines that the alleged conduct did not constitute sexual harassment, both the complaining party and the accused will be informed of such.

Conduct which does not rise to the level of sexual harassment as defined by the policy, but is nonetheless inappropriate or in violation of other related Board policies, will be addressed on a case-by-case basis by the Superintendent.  Any discipline will be in accordance with all laws and collective bargaining agreements, if applicable.


The School District will discipline any employee who retaliates against any other employee who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint.  Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.


These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the New Hampshire Human Rights Commission or the U.S. Equal Employment Opportunity Commission, initiating civil action or seeking redress under state criminal statutes and/or federal law.


The District specifically prohibits employees from aiding or abetting others in conduct that is prohibited by this policy, including retaliation against individuals who report alleged harassment or participate in any investigation of alleged harassment.  Under New Hampshire law, employees who aid and abet others in the harassment or engage in retaliation, may be held individually liable for violating the New Hampshire laws against discrimination.  This may include encouraging others to engage in harassment, interfering with an investigation of alleged harassment, or failing to take steps required under this policy to stop harassment.

 Legal References:

Ed 303.01(j), Substantive Duties of School Boards; Sexual Harassment Policy

Ed 306.04(a)(9), Sexual Harassment

RSA 354-A:7, Unlawful Discriminatory Practices
Appendix: GBAA-R, BBA-R

Category:  P

See also JBAA

1st Read:  April 19, 2016

2nd Read: May 3, 2016

Adopted:  May 3, 2016


Suspended:  January 18, 2022