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Beverly Hills USD |  BP  4119.11  Personnel

Sexual Harassment   

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Sexual harassment of or by any employee shall not be tolerated. The Board of Education considers sexual harassment to be a major offense which may result in disciplinary action or dismissal of the offending employee.

An employee who feels that he/she is being harassed is encouraged to immediately report such incident to the immediate supervisor of the accused employee or the appropriate personnel department official without fear of reprisal. The Personnel Department shall be informed of all such complaints and will assist in the investigation and resolution of complaints.

It shall be the policy of this district to:

1. Prohibit and discourage any person in the work or educational setting from harassing any other person including students in the work or educational setting;

2. Provide a harassment-free work and educational environment;

3. Remedy in a speedy manner any consequences of sexual harassment;

4. Provide ongoing education and awareness of the problem of sexual harassment and

5. Provide information about how to pursue claims of sexual harassment.

Definition of Sexual Harassment

Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by any person from or in the work or educational setting under any of the following conditions:

1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress.

2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.

3. The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment.

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding the benefits and services, honors, programs, or activities available at or through the educational institution.

5. As it relates to students, subjects any student to discrimination on the basis of sex, including sexual harassment, in any district program or activity.

Sexual harassment is prohibited against members of the same sex as well as against members of the opposite sex.

Prohibited Supervisory or Managerial Behavior

No supervisor, manager, administrator, or other authority figure may condition any employment, employee benefit, or continued employment in the district on an applicant's or employee's acquiescence to any of the sexual behavior defined above.

No supervisor, manager, administrator, or other authority figure may retaliate against any applicant, employee, or student because that person has opposed a practice prohibited by Title VII of the Civil Rights Act of 1964 or the California Fair Employment and Housing Act or has filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted by an authorized investigative agency.

Behavior Prohibited By All Persons

No supervisor, manager, administrator, student, or any other person in the district shall create a hostile or offensive work environment for any other person by engaging in any sexual harassment or by tolerating it on the part of any employee or student.

No supervisor, manager, administrator, student, or any other person in the district shall assist any individual in doing any act which constitutes sexual discrimination against any employee or student of the district.

Obligations of Supervisors/Managers

Preventive Action

1. A copy of the sexual harassment policy shall be provided to all employees in the district, as well as displayed in prominent locations throughout the district.

2. A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment and Housing will be distributed to all district employees.

3. All supervisors, managers, or administrators shall make available to any new employees a copy of the sexual harassment policy within one week of their employment.

4. A copy of the sexual harassment policy as it pertains to students shall be provided as part of any orientation program conducted for new students at the beginning of each semester.

5. The district shall periodically notify employees and parents/guardians of students of the procedures for registering a complaint as well as available redress. Such notification shall occur through the normal channels of written communication.

6. The Human Resources Office shall make available information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. Nothing in this policy/procedures precludes a complainant from pursuing other available remedies, such as; local information about mediation centers, private/public interest attorneys, injunctions, restraining orders, and anything else available in the community.

7. A copy of the sexual harassment policy shall appear in any publication of the district which sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the district.

8. Notification of parents/guardians required pursuant to Education Code 48980 shall also include a copy of the district's policy on sexual harassment as it relates to students.

Complaints

Procedures for sexual harassment are in accordance with the uniform complaint procedures of the district in Board policy 1312.3.

Investigative/Corrective Action

1. All persons, including students, shall immediately report any evidence of sexual harassment or complaints regarding sexual harassment made to them to their school principal or designee, supervisor, manager, or to the Assistant Superintendent, Human Resources. Any administrator, supervisor, or manager who receives a complaint regarding sexual harassment shall immediately report it to the Assistant Superintendent, Human Resources.

2. The Assistant Superintendent Human Resources shall immediately authorize the investigation or conduct the investigation of any incident of alleged sexual harassment reported to him/her. The investigation shall be conducted in a way which ensures, to the extent feasible, the privacy of the parties involved.

3. The person designated to investigate shall immediately report in writing the results of any investigation of sexual harassment, including corrective action taken, to the Assistant Superintendent, Human Resources or designee and to the complainant, employee, or student.

4. All employees and students shall immediately report to their supervisor, principal, other district administrator or Superintendent or designee, any instances of sexual harassment which they have directly observed whether or not reported by the employee or student who is the object of the harassment.

5. Disciplinary action taken by any principal, supervisor, manager, or administrator, shall be decided in accordance with district policy and after consultation with the Assistant Superintendent, Human Resources.

6. Teachers or instructors shall discuss the district's sexual harassment policy with their students in ways their students can understand. Students should be informed of their rights under this policy.

7. Under no circumstances shall an employee or student of the district who believes that he/she has been the victim of sexual harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. A certificated/classified employee or student who has a claim of sexual harassment against an immediate supervisor or other authority figure shall contact the Assistant Superintendent, Human Resources.

8. Under no circumstances shall a principal, supervisor, manager, administrator, or other authority figure retaliate in any way against an employee or student who has provided information as a witness to an incident of alleged sexual harassment.

9. All principals, supervisors, managers, or administrators shall consider a claim of sexual harassment as confidential but subject to investigation.

10. Any supervisor, manager, administrator, or other authority figure who belatedly learns that a condition of employment or district program or activity has already been withheld or denied as a consequence of sexual harassment shall immediately inform the Assistant Superintendent, Human Resources, and shall take steps to rectify any harm suffered by the victim.

Obligations of All Employees

1. All employees shall report any conduct, including that directed toward a student, which fits the definition of sexual harassment, to their immediate supervisor or appropriate authority figure. This includes conduct of non-employees, such as sales representatives or service vendors.

2. All employees shall cooperate with any investigation of any alleged act of sexual discrimination conducted by the district or by an appropriate state or federal agency.

Consequences for Violation of Policy

Any person who violates this policy will be subject to disciplinary action up to and including discharge, suspension, or other appropriate disciplinary measures.

Any student who violates this policy will be subject to disciplinary action up to and including expulsion.

(cf. 4144 - Complaints)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

GOVERNMENT CODE

12900-12996 Fair Employment and Housing Act, especially:

12940 Prohibited discrimination

12950.1 Sexual harassment training

LABOR CODE

1101 Political activities of employees

1102.1 Discrimination: sexual orientation

CODE OF REGULATIONS, TITLE 2

7287.8 Retaliation

7288.0 Sexual harassment training and education

CODE OF REGULATIONS, TITLE 5

4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance

UNITED STATES CODE, TITLE 42

2000d-2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended

2000h-2-2000h-6 Title IX, 1972 Education Act Amendments

CODE OF FEDERAL REGULATIONS, TITLE 34

106.9 Dissemination of policy

COURT DECISIONS

Department of Health Services v. Superior Court of California, (2003) 31 Cal.4th 1026

Faragher v. City of Boca Raton, (1998) 118 S.Ct. 2275

Burlington Industries v. Ellreth, (1998) 118 S.Ct. 2257

Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989

Oncale v. Sundowner Offshore Serv. Inc., (1998) 118 S.Ct. 998

Meritor Savings Bank, FSB v. Vinson et al., (1986) 447 U.S. 57

Management Resources:

OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL

Protecting Students from Harassment and Hate Crime, January, 1999

WEB SITES

California Department of Fair Employment and Housing: http://www.dfeh.ca.gov

Equal Employment Opportunity Commission: http://www.eeoc.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr/index.html

Policy BEVERLY HILLS UNIFIED SCHOOL DISTRICT

adopted: March 10, 2009 Beverly Hills, California