The School Board recognizes that sexual harassment can cause embarrassment, feelings of powerlessness, loss of self-confidence, reduced ability to perform schoolwork, and increased absenteeism or tardiness.

To promote an environment free of sexual harassment, the Principal or designee shall take appropriate actions such as removing vulgar or offending graffiti, establishing site rules, and providing staff inservice or student instruction and counseling. Teachers shall discuss this policy with their students in age-appropriate ways and shall assure them that they need not endure any form of sexual harassment.

( cf. 5131.5 - Vandalism, Theft and Graffiti )

( cf. 5137 -Positive School Climate)

The Board shall not tolerate the sexual harassment of any student by any other student or any District employee. Any student or employee who is found guilty of sexual harassment shall be subject to disciplinary action.

( cf. 4119.11 - Sexual Harassment )

( cf. 4118 - Suspension/Disciplinary Action )

( cf. 5144 - Discipline )

( cf. 5144.1 - Suspension and Expulsion
(cf. 5144.11 - Due Process )

The Board encourages students or staff to immediately report each incident of sexual harassment to the Principal or designee. The Superintendent shall promptly investigate each complaint of sexual harassment in a way that ensures the privacy of all parties concerned. In no case shall the student be required to resolve the complaint directly with the offending person.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.3 – Public Complaints Concerning Discrimination)

Legal Reference:

Ellison v. Brady, 924 F.2d 872, (9th Cir., 1991)

Franklinv. Gwinnett, Op. No. 90-918,U.S.Sup.Ct.(1992)

MeritorSavings Bank v. Vision, 477U.S.57 (1986)