Prohibition of Harassment and Sexual Harassment Amendment Act of 2001
Bill 14-132

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Carol Schwartz introduced the following bill, which was referred to the Committee on Education, Libraries and Recreation.

To amend the District of Columbia Human Rights Act of 1977 to provide that harassment and sexual harassment constitute unlawful discriminatory practice, and to provide for a harassment and sexual harassment policy for the District of Columbia Public Schools.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Prohibition of Harassment and Sexual Harassment Amendment Act of 2001."

Sec. 2. The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code §1-2501 et seq.), is amended as follows:

(a) Section 102 (D.C. Code § 1-2502) is amended by adding new subsections (n-1) and (bb-1) to read as follows:

"(n-1) "Harassment" means verbal, nonverbal, and physical conduct that creates an intimidating or hostile environment. Harassment includes harassment based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business.

"(bb-1) "Sexual Harassment" means unwelcome sexual advances, verbal sexual behavior, or nonverbal sexual behavior, that creates an intimidating or hostile environment.".

(b) A new section 201 a is added to read as follows:

"Sec. 201a. Unlawful discriminatory practice of sexual harassment.

"It shall be an unlawful discriminatory practice pursuant to section 211, 221, and 231, to engage in sexual harassment.".

Sec. 3. Prohibition and sanctions.

(a) The harassment and sexual harassment of students by students and employees is prohibited in the District of Columbia Public Schools.

(b) Harassment and sexual harassment of students by students in public schools shall be subject to the disciplinary action provisions of § 2500 of Title 5 of the District of Columbia Municipal Regulations except as limited or precluded by other provisions of Title 5 of the District of Colombia Municipal Regulations relating to the discipline of a student with a disability, and the "Individuals with Disabilities Act" (2 U.S.C. §415).

(c) Harassment and sexual harassment, of students by employees in public schools are subject to adverse action provisions set forth in Title 5 of the District of Columbia Municipal Regulations, Section 1401 et seq., and may lead to adverse action up to, and including, termination of employment.

Sec. 4. Grievance procedures.

(a) Complaints of harassment generally, and sexual harassment specifically, of students by students, employees or other persons may result in an allegation of denial or abridgement of student rights as set forth in Title 5 of the District of Colombia Municipal Regulations §2401.1 et seq. Students, parents, and guardians may avail themselves of the student grievance procedures set forth in the Title 5 of the District of Colombia Municipal Regulations.

(b) For the purposes of this act, the term:

(1) "Harassment" means verbal, nonverbal, and physical conduct that substantially interferes with a student's educational performance or creates an intimidating or hostile environment. Harassment includes harassment based on actual and perceived race, color, religion, national origin, sex, age, marital status, personal appearance, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business.

(2) "Sexual harassment" means unwelcome sexual advances, verbal sexual behavior, or nonverbal sexual behavior, that creates an intimidating or hostile environment.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.