Policy 5145-7 Sexual Harassment

The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence.
    
2. A clear message that students do not have to endure sexual harassment under any circumstance.
    
3. Encouragement to report observed incidents of sexual harassment even when the alleged victim of the harassment has not complained.
    
4. A clear message that student safety is the District's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved.
    
5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and action shall be taken to respond to harassment, prevent recurrence, and address any continuing effect on students.
    
6. Information about the District's procedures for investigating complaints and the person(s) to whom a report of sexual harassment should be made.
    
7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the District investigation of a sexual harassment complaint continues.
    
8. A clear message that, when needed, the District will implement supportive measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation.

Upon completion of an investigation of a sexual harassment complaint, any student found to have engaged in sexual harassment or sexual violence in violation of this policy shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be considered.

Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.

In accordance with law and District policies and regulations, the Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the District to monitor, address, and prevent repetitive harassing behavior in District schools.

Note: 34 CFR 106.8 requires the District to provide notice to students and parents/guardians of its policy prohibiting sexual harassment and its grievance procedures that provide for the prompt and equitable resolution of sexual harassment complaints. The following exhibit presents a sample notification that meets these requirements and may be modified to reflect District practice for a sample notice for employees, bargaining units and applicants for employment see 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures.

Pursuant to 34 CFR 106.8, the District must provide the Title IX Coordinator's contact information on its web site and in any handbook for students or parents/guardians. In addition, state law (Education Code 231.5, 231.6, 234.6, and 48980) requires distribution of the District's sexual harassment policy through the parental notification at the beginning of the school year, in any orientation program for new and continuing students, in any publication of rules of student conduct, and by posting the policy on the District's web site, in school offices, and in a poster displayed in locker rooms and bathrooms.

The Code of Federal Regulations, Title 34, Section 106.8 requires the District to issue the following notification to students at all grade levels and their parents/guardians:

The District does not discriminate on the basis of sex in any education program or activity that it operates. The prohibition against discrimination on the basis of sex is required by federal law (20 USC 1681-1688 34 CFR Part 106) and extends to employment. The District also prohibits retaliation against any student for filing a complaint or exercising any right granted under Title IX.

Title IX requires a school District to take immediate and appropriate action to address any potential Title IX violations that are brought to its attention. Any inquiries about the application of Title IX, this notice, and who is protected by Title IX may be referred to the District's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education or both.

Note: The District should enter the name/title and contact information of the District's Title IX Coordinator below. Such information should be consistent with the person position identified in AR 5145,7 - Sexual Harassment.

The District has designated and authorized the following employee as the District's Title IX Coordinator to address concerns or inquiries regarding discrimination on the basis of sex, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking:

Affirmative Action Officer
777 N. F Street
San Bernardino, CA. 92410
909-381-1122

Note: The District may expand the following paragraph to include other means of contact or reporting methods available in the District, such as online submission forms or mobile applications.

Pursuant to 34 CFR 106.8, the District must provide notice to employees, bargaining units, and job applicants of the District's grievance procedures and process, including how to report or file a formal complaint of sexual discrimination and/or harassment, and how the District will respond.

Any individual may report sex discrimination, including sexual harassment, to the Title IX Coordinator or any other school employee at any time, including during non-business hours, by mail, phone, or email. During District business hours, reports may also be made in person. Upon receiving an allegation of sexual harassment, the Title IX Coordinator will promptly notify the parties, in writing, of the applicable District complaint procedure.

To view an electronic copy of the District's policies and administrative regulations on sexual harassment, including the grievance process that complies with 34 CFR 106.45, please see BP/AR 5145.71 - Sexual Harassment and AR 5145.71 Title IX Sexual Harassment Complaint Procedures on the district's web site at www.sbcusd.com.

To inspect or obtain a copy of the District's sexual harassment policies and administrative regulations, please contact:

Affirmative Action Office
777 N. F Street
San Bernardino, CA 92410
909-381-1122

Materials used to train the Title IX Coordinator, investigator(s), decision-maker(s), and any person who facilitates an informal resolution process are also publicly available on the District's website or at the District office upon request.