1. Sexual Harassment is unwelcome conduct of a sexual nature, which includes both physical and verbal conduct relating to the victim’s (student or staff) gender, sexual orientation or sexual identity.

2. There are 2 types of sexual harassment: Quid Pro Quo and Hostile Work Environment.

3. Examples of Quid Pro Quo Sexual Harassment include but are not limited to:

a) Threats of adverse action for failure to submit to advances
b) Promise of favorable treatment (such as promotions) if advances are accepted
c) Inappropriate verbal statements and/or social media postings
d) Threat of Humiliation
e) Threat of and/or actual occurrence of physical sexual violence

4. Sexual Harassment can also be behavior/actions that are sufficiently severe, persistent or pervasive to limit an employee or student’s ability to function in the District, or to create a hostile, or abusive, working/school environment

5. Examples of a Hostile Work/School Environment can include but are not limited to:

a) Unwelcome touching – i.e., rubbing shoulders
b) Sexual comments about another’s body
c) Sharing of inappropriate sexual jokes or comments
d) Forwarding of inappropriate jokes or images electronically to work colleagues and/or students
e) Offensive gestures – simulated kissing, sexual activity
f) Students and/or Employees witnessing unwelcome sexually-oriented behaviors in the District, even if they are not the direct target of the inappropriate behavior.

1. Give an example of problems that can occur when there is Sexual Harassment in the School District for students, and then staff.

2. Do you think that people feel comfortable reporting potential issues of Sexual Harassment to Staff Members, Teachers, Supervisors and/or Administrators? Why or why not?

3. Discuss your District’s reporting process for alleged incidents of Sexual Harassment.

4. Discuss possible situations where a staff member may be accused of Sexually Harassing a student or other staff member. How could such situations be prevented? How should they be handled if they occur?

5. As a Staff Member, Teacher, Supervisor, Vice Principal, Principal, Superintendent, how can you assist helping people to be willing to come to you if they believe that they have knowledge of a possible Sexual Harassment issue?

This one-hour study plan is designed to provide educators with a clear understanding of the legal definition of sexual harassment, including the two primary types and the application of the “Pass the Trash” law.

The Assessment included in the document should be used as a mandatory post-meeting task. Staff can be instructed to complete the 10-question multiple-choice quiz as an online form (e.g., SurveyMonkey) to verify understanding of the content, with the answers provided in the document serving as the answer key for grading.

Here is a comprehensive, three-phase study plan that a school principal can use to train staff.

Phase 1: Initial 1-Hour Staff Meeting (Group Training) – Defining Sexual Harassment and Quid Pro Quo

Goal: Define sexual harassment, distinguish between the two primary types, and thoroughly understand quid pro quo harassment, including examples of adverse actions.

Phase 2: Individual Work (Self-Paced Completion and Submission)

Goal: Prepare to discuss hostile work environment claims and the mandate of the “Pass the Trash” law.

Task 1: Define Hostile Work Environment (Video 2:05–3:26)

• Review the definition of a hostile work environment, noting that the behavior must be “sufficiently severe, persistent, or pervasive”.
• Identify examples of unwelcome conduct that contribute to a hostile work environment, such as unwelcome touching, sexual comments about their body, or forwarding inappropriate jokes electronically.

Task 2: Analyze “Pass the Trash” (Video 4:16–5:15)

• Identify which institutions are required to comply with this law, which passed in 2018.
• Explain what this law requires districts to disclose to a new employer regarding a prospective employee.

Phase 3: Follow-up 1-Hour Staff Meeting (Review and Commitment) – Hostile Work Environment and Legal Ramifications

Goal: Understand the breadth of hostile work environment claims (including third-party witnessing), review the “Pass the Trash” law, and discuss the career consequences of violating sexual harassment law.

Here is a comprehensive 3-meeting study plan designed for a principal or supervisor to guide a staff member who needs remediation on key legal issues regarding sexual harassment, Title IX, and related laws.

Meeting 1: Foundations of Sexual Harassment and Legal Obligations

Objective: Establish a clear baseline understanding of what constitutes sexual harassment under the law and how it manifests in the school environment.

Supervisor Discussion Points:

• Address the specific lack of understanding or inappropriate behavior that necessitated this plan.
• Clearly define sexual harassment as “unwelcome conduct of a sexual nature,” which includes physical and verbal conduct relating to a person’s gender, sexual orientation, or sexual identity.
• Introduce the two main types of sexual harassment:

◊ Quid Pro Quo: Conditioning a benefit or term of employment/education on submission to sexual advances.
◊ Hostile Work/School Environment: Unwelcome conduct that is so severe, persistent, or pervasive that it limits an employee’s or student’s ability to function or creates an abusive environment.

• Discuss how even individuals who are not the direct target can be victims of a hostile environment if they witness or overhear unwelcome sexually-oriented behaviors.

Independent Work Between Meetings 1 & 2 (1.5-2 hours):

1) Listen: The LEGAL ONE Podcast episode, “Effectively Addressing Sexual Harassment Claims in Schools”.
2) Review: District policies regarding Sexual Harassment and the Code of Conduct.
3) Task: Have the staff member watch the Video and complete the 10-question Assessment found in the Companion Guide. (e.g., identifying examples of quid pro quo vs. hostile work environment, understanding the “Pass the Trash” law).

Meeting 2: The Interplay of Overlapping Laws and Reporting Duties

Objective: Review the assignment, ensure the staff member understands the breadth of the law, and clarify mandatory reporting requirements.

Supervisor Discussion Points:

• Review the results of the 10-question assessment and correct any misunderstandings.
• Discuss how a single incident can trigger multiple overlapping laws simultaneously, including Title IX, New Jersey’s Anti-Bullying Bill of Rights (HIB), the Law Against Discrimination (NJLAD), the Dating Violence Law, and the Code of Student Conduct.
• Clarify reporting obligations: All non-confidential employees must notify the Title IX Coordinator if they have information about conduct that reasonably constitutes sex discrimination.

Independent Work Between Meetings 2 & 3 (1.5-2 hours):

1) Read: The article “Less is More! Limiting the Need for Multiple Investigations while Addressing Title IX, NJLAD, New Jersey’s Dating Violence Law and the Anti-Bullying Bill of Rights“.
2) Task: Have the staff member review the specific legal and other concerns that arise when school districts conduct multiple investigations of a single incident.
3) Task: Have the staff member review the specific reporting process/chain of command for alleged incidents of Sexual Harassment within your district.

Meeting 3: Application, Scenarios, and Professional Boundaries

Objective: Apply the legal concepts to real-world scenarios, discuss appropriate boundaries, and establish clear expectations going forward.

Supervisor Discussion Points:

• Discuss the staff member’s written reflection on reporting duties and the district’s protocol.
• Review specific, unacceptable behaviors that contribute to a Hostile Work/School Environment, such as:

◊ Unwelcome touching (e.g., rubbing shoulders).
◊ Sexual comments about another’s body.
◊ Sharing or forwarding inappropriate sexual jokes or images.
◊ Inappropriate verbal statements or social media posts.

• Discuss the 2014 case study where a custodian was terminated for stroking middle school girls’ hair and jabbing their abdomens. Emphasize that the defense of “just being friendly” does not excuse the behavior.
• Final Assessment: Ask the staff member: “As a staff member, how can you assist in helping people feel comfortable coming to you if they have knowledge of a potential Sexual Harassment issue?“.
• Conclude the meeting by outlining proactive steps the staff member must take to maintain professional boundaries and mitigate the likelihood of any future claims. Document the completion of this study plan in the staff member’s file.