Policies - Student
DEFINITION OF SEXUAL HARASSMENT
Sexual harassment is against the law in all schools in California (Education Codes 200, 212.6, 48900.2) and in the United States (Title IX). Sexual harassment also violates our District Board Policies. All forms of sexual harassment, whether it involves students, staff, or others, are unlawful at our schools.
Sexual harassment, as defined in Title IX, is prohibited in District education programs or activities, and is defined as:
- A district employee conditioning the provision of a district aid, benefit, or service on a person's participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
Sexual assault, dating violence, domestic violence or stalking.
Conduct which does not meet the definition of sexual harassment under Title IX may still be prohibited under the District's sexual harassment policy applicable to students, BP 5145.7. Examples of types of conduct which are prohibited in the educational setting and may constitute sexual harassment include, but are not limited to:
- Unwelcome leering, sexual flirtations, or propositions.
- Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
- Graphic verbal comments about an individual's body or overly personal conversation.
- Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature.
- Spreading sexual rumors.
Teasing or sexual remarks about students enrolled in a predominantly single-sex class.
- Massaging, grabbing, fondling, stroking, or brushing the body.
- Touching an individual's body or clothes in a sexual way.
- Impeding or blocking movements, or any physical interference with school activities when directed at an individual on the basis of sex.
- Displaying sexually suggestive objects in the educational environment.
Sexual assault, sexual battery, or sexual coercion.
- Electronic communications containing comments, words, or images described above. This includes sexting (sending sexually explicit photos or text), or electronic postings with sexual overtones on Instagram, Facebook, Twitter, YouTube, or other media.
- Any act of retaliation against a student who reports a violation of the district’s harassment policy, or participates in the investigation of a sexual harassment complaint.
The types of prohibited behavior identified above can take place in either/both face-to-face and/or digital environments.
NONDISCRIMINATION AND SEXUAL HARASSMENT POLICIES & PROCEDURES – STUDENTS
Nondiscrimination Policies and Procedures:
- Board Policy 5145.3
- Administrative Regulation 5145.3
- Exhibit 5145.3 - You Have the Right to Attend a Harassment-Free School
Sexual Harassment Policies and Procedures:
- Board Policy 5145.7 - Student Sexual Harassment
- Administrative Regulation 5145.7 - Student Sexual Harassment
- Administrative Regulation 5145.71 - Title IX Student Sexual Harassment Procedures
Bullying Policies and Procedures:
Discrimination/Harassment/Bullying Complaints (the formal complaint processes for complaints or discrimination/harassment/bullying follows the UCP process: