Sexual Harassment


NON-DISCRIMINATION
The San Bernardino City Unified School District prohibits discrimination, intimidation, harassment (including sexual harassment) or bullying based on a person’s actual or perceived ancestry, color, disability, gender, gender identity, gender expression, immigration status, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics.


DEFINITION OF SEXUAL HARASSMENT

For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.

(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

(1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

(2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

(3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

(f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

(g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

(h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.




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:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic status or progress;
Submission to, or rejection of, such conduct by an individual is used as the basis of employment or educational decisions affecting the individual;
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
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

777 North F Street, San Bernardino, CA 92410 | Phone: (909) 381-1100 | Fax:

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