Sexual Harassment Policy (Students)
The Governing Board prohibits the unlawful
harassment of any student by any employee, student, or other person in or from
the district.
Sexual harassment is not acceptable student
behavior in the Castro Valley Unified School District. Students are
expected to adhere to a standard of conduct that is respectful and courteous to
fellow students and staff and to the public. The Board considers sexual
harassment to be a serious offense which may result in serious disciplinary
action up to and including expulsion. Any employee who permits or engages
in sexual harassment may be subject to disciplinary action up to and including
dismissal.
A student who feels that he/she is being harassed
is encourages to immediately report such incident to an administrator.
counselor. or other staff member. Should sexual harassment be alleged, it
is the policy of this District that it shall be investigated. and the
problem/concern shall be appropriately address.
The Board expects students or staff to immediately
report incidents of sexual harassment to the principal. assistant principal,
counselor or staff member or to another district administrator.
Any student who feels that he/she is being
harassed should immediately contact the principal or designee at his/her
school. Assistance is available for students or their parents for any part
of the process for reporting incidents of sexual harassment from the site
principal and/or the district administrative offices. If a situation
involving sexual harassment is not promptly remedied by the principal or
designee. a compliant of harassment can be filed. regarding sexual harassment,
in accordance with AR 1312.1 Complaints Concerning District Employees and/or
AR1312.3 Uniform Compliant Procedure.
Teachers shall discuss this policy with their
students in age-appropriate ways and should assure them that they need not
endure any form of sexual harassment.
The district prohibits retaliatory behavior
against any complainant or any participant in the complaint process. Each
complaint of sexual harassment shall be promptly investigated in a way that
respects the privacy of all parties concerned.
(CF.BP4119.11 (a), 4129.11, 4319.11 and AR-4
119.11 Sexual Harassment Complaint Procedure)
Legal Reference:
CIVIL CODE
1714 I Liability of parents/guardians for willful misconduct of minor
EDUCATION CODE
200-240 Prohibition of discrimination of the basis of sex, especially:
212.5 Definition: Sexual harassment
212.6 Policy: Sexual harassment
230 Particular practices prohibited
48900.2 Additional grounds for suspension or expulsion; sexual harassment
48904 Liability of parent/guardians for willful student misconduct
48980 Notice at beginning of term
UNITED STATES CODE, TITLE 42
2000d & 2000e et seq. Title VI & Title VII, Civil Rights Act of 1964 as
amended
2000h-2 et seq. Title IX. 1972 Education Act Amendments
Castro Valley Unified School District - Policy, Adopted: 6/23/97
Definition:
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 when: (Education Code 212.5)
| 1. |
Submission to the conduct is
explicitly or implicitly made a term or condition of an individual's
employment, academic status or progress. |
| 2. |
Submission to or rejection of the
conduct by an individual is used as the basis for academic or employment
decisions affecting the individual. |
| 3. |
The conduct has the purpose of
effect of having a negative impact on the individual's academic or work
performance, or of creating an intimidating, hostile, or offensive
educational or work environment. |
| 4. |
Submission to or rejection of the
conduct by the individual is used as the basis for any decision affecting
the individual regarding benefits and services, honors, programs, or
activities available or through the school. |
Examples:
Other types of conduct which are prohibited in the district and which may
constitute sexual harassment include:
| 1. |
Unwelcome leering,
sexual flirtations or propositions. |
| 2. |
Unwelcome sexual
slurs, epithets, threats, verbal abuse, derogatory comments or sexually
degrading descriptions. |
| 3. |
Graphic verbal
comments about an individual's body or overly personnel conversation. |
| 4. |
Sexual jokes, stories,
drawings, pictures or gestures. |
| 5. |
Spreading sexual
rumors. |
| 6. |
Teasing or sexual
remarks about students enrolled in a predominantly single-sex class |
| 7. |
Touching on
individual's body or clothes in a sexual way. |
| 8. |
Purposefully limiting
a student's access to educational tools. |
| 9. |
Cornering or blocking
of normal movements. |
| 10. |
Displaying sexually
suggestive objects in the educational environment. |
| 11. |
Any act of retaliation
against an individual who reports a violation of the district's sexual
harassment policy or who participates in the investigation of a sexual
harassment complaint. |
Notifications:
The notifications sent to parents/guardians at the beginning of the school year
must include the district written policy on sexual harassment as it relates to
students. Additional requirements for displaying and distributing this
policy are specified below.
A copy of the district's sexual
harassment policy shall:
| 1. |
Be included in the
notification that are sent to parents/guardians at the beginning of each
school year. (Education Code 48980) |
| 2. |
Be displayed in a
prominent location near each school principal's office. (Education
Code 212.6) |
| 3. |
Be provided as part of
any orientation program conducted for new students at the time of
enrollment or semester or summer session. (Education Code 212.6) |
| 4. |
Appear in any school
or district publication that sets forth the school or district's
comprehensive rules, regulations, procedures and standards of
conduct. (Education Code 212.6) |
Complaint Process:
- Student should inform the person whose conduct is offensive that the
behavior must stop.
- If confronting the
accused is not practicable or if it fails to stop the behavior, students
shall direct their complaints to the school counselor, the assistant
principal or the principal. The school official receiving the
complaint shall conduct an investigation and take appropriate remedial
action.
- If submitting the
complaint to a school official is not practicable or if the student is
not satisfied with the result, the student may appeal to the
Superintended by filing a written complaint. (Complaints forms are
available in the principal's office, assistant principal's office and in
the Office of the Assistant Superintendent of Curriculum and
Instruction.
- The Superintendent or
designee shall review the prior investigation and the action taken and
shall render a written decision within 10 working days from the date on
which the complaint was received.
- Either of the
involved parties may appeal the decision to the Board of Education by
filling a written appeal. (Appeal forms are available in the
Office of the Superintendent.)
- The Board shall
review the prior investigation and the action taken and may conduct
further inquiries. The Board decision shall be rendered in writing
within 20 working days from receipt of the appeal.
- The complainant may
appeal the District's final decision to the California Department of
Education and has the right to file a civil action.
Sexual Harassment Policy (Personnel)
1. Purpose
The Castro Valley Unified School District
recognizes that harassment on the basis of sex is a violation of employment
discrimination law. The district will provide to all employees a work
environment free from unlawful sexual harassment, and will not tolerate such
conduct on the part of any employee or other individual.
Any employee or applicant for employment who feels
that he/she or another individual in the district is being sexually harassed
should immediately contact his/her supervisor, principal, other district
administrator or the superintendent or designee in order to obtain procedures
for reporting a complaint.
2. Complaint Procedure
| a. |
If any employee believes that
comments gestures or conduct from any co-employee, supervisor or person
doing business with or for the District are offensive, the employee
should notify his or her immediate supervisor or the Personnel
Office. All concerns expressed by an employee will be considered
confidential, with discussion of the facts on a need to know basis only. |
| b. |
The District will promptly and
thoroughly investigate any complaints of sexual harassment and will take
immediate action to resolve such complaints. No individual will
suffer any reprisals for reporting any incidents of sexual harassment or
for making any complaints. |
3. Disciplinary Action - Any
employee who is found to be responsible for sexual harassment will be subject to
appropriate discipline, up to and including termination. The severity of
the disciplinary action will be based upon the circumstances of the infraction.
Legal Reference:
EDUCATION CODE
200 Equal rights and opportunities
212.5 Sexual Harassment Defined
200-232 Prohibition of sex discrimination
UNITED STATES CODE
TITLE VII Civil Rights Act as amended by Title IX.
Equal Employment Opportunity Act
Definition:
Prohibited sexual harassment includes,
but is not limited to, unwelcome sexual advances, requests for sexual favors, or
other verbal, visual or physical conduct of a sexual nature made by someone from
or in the work or educational setting when:
| 1. |
Submission to the
conduct is made either expressly or by implication in term or condition
of any individual's employment. |
| 2. |
Submission to or
rejection of such conduct by an individual is used as the basis for an
employment decision affecting the individual. |
| 3. |
The conduct has the
purpose or effect of unreasonably interfering with an individual's work
or academic performance or of creating an intimidating, hostile, or
offensive working or educational environment or of adversely affecting
the student or employee's performance, evaluation, advancement, assigned
duties, or any other condition of education, employment or career
development. |
| 4. |
Submission to, or
rejection of, the 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 educational
institution. |
Examples:
Other examples of sexual harassment, whether
committed by a supervisor or any other employee are:
| 1. |
Unwelcome leering,
sexual flirtations or propositions. |
| 2. |
Unwelcome sexual
slurs, epithets, threats, verbal abuse, derogatory comments or sexually
degrading descriptions. |
| 3. |
Graphic verbal
comments about an individual's body or overly personal conversation. |
| 4. |
Sexual jokes, stories,
drawings, pictures or gestures. |
| 5. |
Spreading sexual
rumors. |
| 6. |
Touching an
individual's body or clothes in a sexual way. |
| 7. |
Cornering or blocking
of normal movements. |
| 8. |
Displaying sexually
suggestive objects in the educational or work environment. |
| 9. |
Any act of retaliation
against an individual who reports a violation of the district's sexual
harassment policy or who participates in the investigation of a sexual
harassment complaint. |
Each principal and supervisor has the responsibility of maintaining an
educational and work environment free of sexual harassment. This
responsibility includes discussing the district's sexual harassment policy with
his/her students and/or employees and assuring them that they are not required
to endure sexually insulting, degrading or exploitative treatment or any other
form of sexual harassment.
A copy of the district's policy on Harassment in Employment shall:
| 1. |
Be displayed in a
prominent location near each school principal's office. |
| 2. |
Be provided to each
faculty member, all members of the administrative staff, and all members
of the support staff at the beginning of the first quarter or semester
of the school year, or whenever a new employee is hired. |
| 3. |
Appear in any school
of district publication that sets forth the school or district's
comprehensive rules, regulations. Procedures and standards of
conduct. (Education Code 212.6) |
All employees shall receive either a copy of information sheets prepared by
the district that contain, at a minimum components on:
| 1. |
The illegality of
sexual harassment. |
| 2. |
The definition of
sexual harassment under applicable state and federal law. |
| 3. |
A description of
sexual harassment, with examples. |
| 4. |
The district's
complaint process available to the employee. |
| 5. |
The legal remedies and
complaint process available through the Fair Employment and Housing
Department and Commission. |
| 6. |
Directions on how to
contact the Fair Employment and Housing Department and commission.
(Government Code 12950) |
|
