Companion Guide
LOOR: Sexual Harassment and Hostile Work Environment – Scenario & Discussions
LEGAL ONE On-the-Run (LOOR) empowers school leaders to educate staff members on a wide range of legal issues in a limited amount of time, and offers flexible options for content delivery. The Companion Guide includes a brief video, a summary of key takeaways, suggested discussion questions, suggestions for study plans (for delivering the content at one staff meeting, multiple staff meetings or for an individual employee), additional resources for extended learning and a multiple-choice assessment to ensure staff have learned the content.
The content available through this page is exclusive to members of select NJSIG sub-funds. To receive LEGAL ONE professional learning certificates for individual school staff and for other questions contact LEGAL ONE at legalone@njpsa.org.
Access to all other LOORs provided with NJSIG Membership can be accessed at: https://njpsa.org/legal-one-on-the-run-loor-njsig/
Navigation
Key Takeaways
Suggested Discussion Questions
Considerations for Moving Forward
Assessment
Study Plan
LEGAL ONE Supplemental Resources for Extended Learning
Key Takeaways
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2. Recognize the Two Types of Harassment. Educators should be aware of both “Hostile Work Environment” harassment (severe, persistent, or pervasive unwelcome conduct) and “Quid Pro Quo” harassment (conditioning job terms on submission to sexual advances).
3. Know Your Duty to Report. As employees of a school district, if you are an administrator, supervisor, principal, department head, director, teacher, or other staff, you have a duty to immediately refer a complaint of harassment or discrimination to the district’s affirmative action officer. This is true even if the complaint is verbal or the employee doesn’t use the words “harassment” or “discrimination.”
4. Be Mindful of Electronic Communications. Harassment can occur via text, video, audio, emails, and social media. Educators should remember that electronic communications made on school district time or equipment may **not be private**, and the district may have the right to monitor usage to ensure lawful communications.
5. Importance of District Policies and Training. School districts avoid liability for sexual harassment when they have and widely publicize policies against discrimination and harassment, and train all employees in preventing and recognizing such conduct. Educators should actively participate in this training and be aware of where policies are posted (e.g., district website, bulletin boards).
Suggested Discussion Questions
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1. How does the scenario involving Mr. Aronson, Mrs. Russo, and Ms. Patrick illustrate the definition of “hostile work environment” harassment, particularly when the complaining employee (Ms. Patrick) was not the direct target of the inappropriate comments?
2. The video provides examples of conduct that constitutes sexual harassment, such as the repeated use of the word “babe” and the comment about stealing Mrs. Russo from her husband. What other forms of verbal, written, or physical conduct mentioned in the video could contribute to a sexually charged or hostile work environment?
3. Ms. Patrick was afraid of losing her job, which is why she hadn’t said anything to Mr. Aronson, and Mrs. Russo dismissed the behavior as “joking around.” What steps can the school district take to ensure employees feel safe and encouraged to report potential harassment, and what is the district’s policy on retaliation against complainants?
4. The video mentions two types of sexual harassment: hostile work environment and quid pro quo harassment. How does quid pro quo harassment differ from the type of harassment shown in the scenario, and what are some examples of quid pro quo in the workplace?
5. What are the critical responsibilities of school districts to avoid liability for sexual harassment, and what specific steps should any staff member (administrator, supervisor, principal, or teacher) take if a complaint of harassment or discrimination is made to them?
Considerations for Moving Forward
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1. Publicize and enforce policies against discrimination and harassment, as well as an equal opportunity in employment policy, sharing them widely through professional development programs, bulletin board postings, and the district’s website.
2. Provide training for all employees to help them prevent and recognize discrimination and harassment.
3. Ensure effective complaint mechanisms are in place for reporting sexual harassment and other discrimination, and guarantee that employees’ complaints are taken seriously and thoroughly investigated.
4. Inform all employees that retaliation against a person who files a complaint is strictly prohibited and implement appropriate disciplinary action if a complaint is found to have merit.
5. Address the use of electronic communications by establishing clear policies regarding computer use and monitoring, since harassing text, video, and audio can be shared via emails, social networking sites, and instant messages.
Assessment
Please complete the 10-question multiple-choice assessment below:
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Study Plan
Option 1: One-Hour Staff Meeting
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Here is a one-hour study plan a school principal can use for a staff meeting.
The plan is designed to be highly focused, interactive, and to reinforce the most critical elements of the staff’s legal and ethical duties.
[table “” not found /]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.
Option 2: Two Staff Meetings Plus Self-Paced Work
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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)
This meeting focuses on reinforcing the non-delegable duty to report and the immediate protocols for critical issues.
Phase 2: Individual Work (Self-Paced Completion and Submission)
Following the group meeting, staff complete a more in-depth review of the material to confirm comprehension and apply concepts to personal decision-making.
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Phase 3: Follow-up 1-Hour Staff Meeting (Review and Commitment)
This meeting closes the loop by addressing collective feedback, clarifying remaining ambiguities, and finalizing a commitment to protocol.
Option 3: Individual Learning Plan
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Here is a comprehensive 3-meeting study plan designed for a principal or supervisor to use with a staff member who requires corrective training on text
Meeting 1: Text
Independent Work Between Meetings 1 & 2 (1.5-2 hours):
Meeting 2: Text
Independent Work Between Meetings 2 & 3 (1.5-2 hours):
Meeting 3: Text
LEGAL ONE Supplemental Resources for Extended Learning
Podcast Episode(s)
- Effectively Addressing Sexual Harassment Claims in Schools
- For more from the LEGAL ONE Podcast, visit: https://www.thelegalonepodcast.com/
Article(s)
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