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Sexual Harassment
BP 4119.11

 All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification, prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, visual or physical conduct of a sexual nature where:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic status or progress;
  2. Submission to, or rejection of, such conduct by an individual is used as the basis of employment or educational decisions affecting the individual;
  3. Such conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance or creating an intimidating, hostile, or offensive working or educational environment; or
  4. Submission to, or rejection of the conduct by the individual regarding benefits and services, honors, programs, or activities available at or through the district or its sites.

Examples of prohibited harassing acts:
  • Unwelcome sexual advances or sexual propositions
  • Kidding, teasing, or joking of a sexual nature or of other protected bases delineated above
  • Graphic commentary about an individual’s body, sexual prowess or sexual deficiencies
  • Derogatory or demeaning comments about anyone’s gender in general or gender identity or expression, epithets, slurs or jokes about one’s race, color, national origin, religious creed, physical or mental disability, age (40 and over), sex, gender identity or expression, sexual orientation, or marital status
  • Leering or staring at someone
  • Unwelcome suggestive or insulting sounds such as whistles, kissing sounds, howling, or sucking noises
  • Touching, patting, pinching, stroking, squeezing, tickling or brushing against another’s body
  • Displaying offensive objects, pictures, calendars, cartoons, magazines, videotapes, audio recordings or literature which are sexual in nature
  • Unwelcome use of sexually degrading language or innuendoes
  • Obscene gestures
  • Consensual sexual relationships:
Romantic or sexual relationship of any employee with elementary or secondary students is clearly prohibited pursuant to state molestation laws concerning adults and children. Romantic or sexual relations between an adult student and faculty member or between a subordinate employee and his/her superior can raise “serious concerns” where there may be a conflict of interest and abuse of power. Such relations may lead to favoritism of a student or subordinate employee with whom the teacher of superior is sexually involved and where such favoritism adversely affects other students and/or employees
  • Unwanted neck or shoulder massage
  • Spreading rumors about a person’s sexuality
  • Graffiti about a person’s sexuality
  • Letters, notes, telephone calls, e-mail or materials of a sexual nature
  • Stalking a person
  • Attempted or actual sexual assault
  • Making or threatening reprisals after a negative response to sexual advances
  • Impeding or blocking of one’s movement
  • Repeatedly asking out a person who is not interested

 Enforcement

Disciplinary action up to and including termination will be promptly taken against any employee (non-supervisory, supervisor or manager) if it becomes known to management that such person has engaged in conduct prohibited by this policy.

 No Retaliation

No employee or student shall be retaliated against, in any manner, for reporting conduct which he/she believes to be a violation of this policy, for participating in an investigation of a possible violation of this policy, or for using the District’s Complaint Procedure.

Retaliation against anyone reporting or perceived to have reported sexual harassment behavior is prohibited. Any retaliatory conduct shall be considered a serious violation of this policy and shall be independent of whether a complaint of sexual harassment is substantiated. Moreover, encouraging others to engage in retaliatory conduct also violates this policy.

  • Examples of prohibited retaliation:
  • Unfair grading
  • Unfair evaluation
  • Unfair assignment
  • Public or private ridicule
  • Oral or written threats
  • Intimidation
  • Destruction of property
  • Further harassment

Complaints

Individuals who have been subjected to discriminatory harassment have an obligation to immediately report the incident or incidents to their immediate supervisor or the district’s Affirmative Action Director, who is also the district’s Title IX Coordinator. Complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination will be processed in accordance with the district’s Uniform Complaint Policy and Procedure and in accordance with the procedures set out in section 4600-4687 of the Title 5 Regulations. Copies of the district’s complaint procedures shall be available free of charge. The district’s Affirmative Action Office shall have available information on the rules and procedures for reporting charges of sexual harassment and pursuing available remedies.

The procedure set forth pursuant to the district’s Uniform Complaint Policy and Procedure does not deny the right of any individual to pursue other avenues of remedy under the jurisdiction of any state or federal
The confidentiality of the reporting or complaining party will be observed provided it does not interfere with the district’s ability to investigate or take corrective action.

Notifications

Pursuant to Educational Code 231.5, a copy of this policy will be displayed in a prominent location in the main administrative building or other areas of the school site or campus. A prominent location is a location or those locations in the main administrative building or other areas where notices regarding the district’s rules, regulations, procedures, and standards of conduct are posted.

Also, a copy of this policy will be provided to each person employed by the school district at the beginning of the first quarter or semester of the school year, or at the time that a new employee is hired. A copy of the district’s written policy on sexual harassment shall appear in any publication of the district that sets forth the comprehensive rules, regulations, procedures and standards of conduct for the district.

Site administrators or immediate supervisors who receive a sexual harassment incident report from any employee, non-employee or the public are required to submit a report to the Affirmative Action Office in order for the Affirmative Action Office to maintain a record of complaints.

Training

By January 1, 2006, and every two years thereafter, the Superintendent or designee shall ensure that supervisory employees receive at least two hours of classroom or other effective interactive training and education regarding sexual harassment. All newly hired or promoted supervisory employees shall receive training within six months of their assumption of the supervisory position. (Government Code 12950.1)

The district’s training and education program for supervisory employees shall include information and practical guidance regarding the federal and state statutory law on the prohibition against and the prevention and correction of sexual harassment and the remedies available to the victims of sexual harassment in employment. The training shall also include practical examples aimed at instructing supervisors in the prevention of harassment discrimination, and retaliation.
Adopted Oct. 16, 2007 San Bernardino, CA
Revised: July 1, 2008

Sexual Harassment

All of the foregoing applies to complaints of sexual harassment. For the purpose of clarification, prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature where such conduct has the purpose or effect of having a negative impact upon the individual’s academic performance, or creating an intimidating, hostile, or offensive educational environment; where submission to such conduct is explicitly or implicitly made a term or condition of an individual’s academic status or progress; where submission to, or rejection of, the conduct by the individual is used as the basis of academic decisions affecting the individual; where submission to, or rejection of, such conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the district and its school sites.

Examples of Prohibited Behavior

  • Exposing genitals
  • Shouting obscenities
  • Mooning
  • Streaking
  • Leaving obscene messages on school computers
  • Whistling at other students and/or school employees
  • Threatening rape
  • Intentionally pressing or rubbing oneself sexually around another person
  • Teasing other students and/or school employees about their sexual activity or body
  • Unwanted deliberate hugging, kissing, touching, patting, pinching, grabbing, leaning over, or cornering a student or school employee
  • Flipping up skirts
  • Pulling down someone’s pants, shorts or skirt
  • Bra, pants, shorts or skirt snapping
  • Continual staring at a person’s body
  • Sexual or dirty jokes
  • Actual or attempted rape or sexual assault
  • Unwanted pressure for sexual favors or dates
  • Making sexual gestures with hands or through body movements
  • Unwanted letters or materials of a sexual nature
  • Kissing sounds, howling, and smacking lips
  • Looking a person up and down
  • Sexual rumors
  • Comments about the body
  • Violating personal space
  • Pornographic pictures, posters, drawings or stories
  • Offensive displays of sex-related objects
  • Offensive graffiti of a sexual nature, racial nature or of any discriminatory basis
  • Holding a person against his or her will

Enforcement

Disciplinary action up to and including expulsion will be promptly taken against any student if it becomes known to the district and proven by school officials that such student has engaged in conduct prohibited by this policy.

(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5131 - Conduct)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process
(Students with Disabilities))

No Retaliation

No student, employee, or other individuals will be retaliated against, in any manner, for reporting conduct which he or she believes to be a violation of this policy, for participating in an investigation of a possible violation of this policy, or for using the district’s Uniform Complaint Procedure.

Complaints

Students who have been subjected to discriminatory harassment have an obligation to immediately report the incident or incidents to their principal or designee or the district’s Affirmative Action Director, who is also the district’s Title IX Coordinator. The complaint will be processed in accordance with the district’s Uniform Complaint Policy and Procedure. It is encouraged and recommended that students use the district’s Uniform Complaint Procedure; however, they may seek recourse by pursuing available remedies outside the district. The district’s Affirmative Action Office will have available the specific rule and procedures for reporting charges of sexual harassment and for pursuing available remedies.

Notifications

Pursuant to Educational Code 231.5, a copy of this policy will be displayed in a prominent location in the main administrative building at each school site of the district or other areas where notices regarding the district’s rules, regulations, procedures and standards of conduct are posted. Also, this policy will be a part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. At the beginning of each school year, the district’s sexual harassment policy will be included in the notifications that are sent to parents/guardians and will be disseminated to each staff member annually, at the beginning of the first quarter or semester of the school year, or at the time a new employee is hired. This policy will also appear in any school or district publication that sets forth the school’s or district’s comprehensive rules, regulations, procedures and standards of conduct.

Any teacher, counselor, or district employee who receives a sexual harassment incident report from any student or adult in the educational setting and/or if the alleged incident occurred on district property or school site, or at a district or school-related or sponsored activity, must report this information to the site administrator. Site administrators are required to submit a report to the Affirmative Action Office in order for the Affirmative Action Office to maintain a record of complaints.

Adopted: October 17, 2007 San Bernardino, California
Revised: June 17, 2008

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