Centinela Valley Union HSD | BP 4119.24 Personnel
Maintaining Appropriate Adult-Student Interactions
The Governing Board desires to provide a positive school environment that protects the safety and well-being of district students. The Board expects all adults with whom students may interact at school or in school-related activities, including employees, independent contractors, and volunteers, to maintain the highest professional and ethical standards in their interactions with students both within and outside the educational setting. Such adults shall not engage in unlawful or inappropriate interactions with students and shall avoid boundary-blurring behaviors that undermine trust in the adult-student relationship and lead to the appearance of impropriety.
(cf. 4119.21/4219.21/4319.21 - Professional Standards)
Employees are prohibited from entering into or attempting to form a romantic or sexual relationship with any student or engaging in sexual harassment of a student, including sexual advances, flirtations, requests for sexual favors, leering, photo-sharing, discussions of a sexual nature, jokes of a sexual nature, propositions, inappropriate comments about a student's body or appearance, or other verbal, visual, or physical conduct of a sexual nature.
(cf. 5145.7 - Sexual Harassment)
Employees shall not communicate with students through any medium that is designed to eliminate, obscure, or hide records of the communications. When communicating electronically with students, employees shall utilize:
a. District email of both the employee and the student; or
b. A digital platform adopted or approved by the district for communicating with students.
When appropriate due to educational necessity, an alternative form of electronic communication (phone, text, app, etc.) may be utilized with prior written approval from the parent/guardian and the principal.
The Superintendent or designee may monitor employee usage of district technology at any time without advance notice or consent.
(cf. 4040 - Employee Use of Technology)
Adults shall not intrude on a student's physical or emotional boundaries unless necessary in an emergency or to serve a legitimate purpose related to instruction, counseling, student health, or student or staff safety.
Any employee who observes or has knowledge of another employee's violation of this policy shall report the information to the Superintendent or designee or appropriate agency for investigation pursuant to the applicable complaint procedures. Other adults with knowledge of any violation of this policy are encouraged to report the violation to the Superintendent or designee. Retaliation against those who report a violation is prohibited. Immediate intervention shall be implemented when necessary to protect student safety or the integrity of the investigation.
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
Employees who engage in any conduct in violation of this policy, including retaliation against a person who reports the violation or participates in the complaint process, shall be subject to discipline, up to and including dismissal. Any other adult who violates this policy may be barred from school grounds and activities in accordance with law. The Superintendent or designee may also notify law enforcement as appropriate.
(cf. 4117.7/4317.7 - Employment Status Reports)
(cf. 4118 - Dismissal/Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
The district's employee code of conduct addressing interactions with students shall be provided to parents/guardians at the beginning of each school year and shall be posted on school and/or district web sites. (Education Code 44050)
(cf. 1113 - District and School Web Sites)
(cf. 5145.6 - Parental Notifications)
Inappropriate Conduct
Employees shall remain vigilant of their position of authority and not abuse it when relating with students. Examples of employee conduct that can undermine professional adult-student interactions or create the appearance of impropriety include, but are not limited to:
1. Initiating inappropriate physical contact (e.g. kissing, tickling, cuddling, massaging, grabbing, fondling, stroking, brushing, lap-sitting, touching in a sexual manner or for sexual gratification, etc.)
2. Being alone with a student outside of the view of others except when educationally necessary and consistent with the employee's job duties and responsibilities (e.g. Administrator, Behavior Management Aide, Counselor, Nurse, Psychologist, Social Worker, etc.), or with prior written permission from the principal
3. Visiting a student's home or inviting a student to visit the employee's home except when educationally necessary and consistent with the employee's job duties and responsibilities (e.g. Administrator, Home and Hospital Teacher, Safety Officer, etc.), or with prior written permission from the principal
4. Maintaining personal contact with a student that has no legitimate educational purpose, by phone, letter, electronic communications, or other means, without prior written approval from the parent/guardian and the principal
5. Creating or participating in social networking sites for communication with students, other than those created by the district, without prior written approval from the principal
6. Inviting or accepting requests from students, or former students who are minors, to connect on personal social networking sites (e.g., "friending" or "following" on social media), unless the site is dedicated to school business
7. Singling out a particular student for personal attention and friendship, giving gifts (e.g. electronics, phones, clothing, gift cards, tickets, games, photos, candy, food, etc.), or loaning personal property (e.g. clothing, electronics, sporting goods, vehicles, etc.) without prior written approval from the parent/guardian and principal
8. Addressing a student in an overly familiar manner, such as by using a term of endearment or nicknames (e.g. dear, babe, doll, love, sweetie, baby, honey, girlfriend, boyfriend, etc.)
9. Socializing or spending time with students outside of school-sponsored events without prior written approval from the parent/guardian and the principal
10. Sending or accompanying students on personal errands unrelated to any legitimate educational purpose
11. Transporting a student in a personal vehicle without prior written approval from the parent/guardian and the principal
12. Encouraging students to confide personal information about personal or family problems and/or relationships, unless consistent with the employee's job duties and responsibilities (e.g. Counselor, Social Worker, Psychologist, Administrator, etc.)
13. Disclosing personal, family, or other private matters to students or sharing inappropriate personal information or secrets with students
14. Providing students with personal or district keys, keycards, ID cards, fobs, access codes, passwords, etc. or giving students access to areas on district property that are inappropriate for students (e.g. staff restrooms, staff breakrooms, staff locker rooms, empty classrooms, etc.) without prior written approval from the principal
15. Sharing inappropriate websites, videos, pictures, or other inappropriate images or content (e.g. pornography/nudity, drugs and alcohol, violence, etc.) with students
16. Photographing or videoing students without prior written approval from the parent/guardian and the principal
17. Consuming alcohol, drugs or tobacco with, or offering, giving, or otherwise making alcohol, drugs, or tobacco available to students
18. Undressing with, showering with, or otherwise exposing themselves to students.
Consequences of Inappropriate Conduct
All employees shall be disciplined up to and including termination and/or legal action, for
noncompliance with this policy. Examples of noncompliance include, but are not limited to:
1. Failure to maintain appropriate boundaries when interacting and communicating with students.
2. Failure to appropriately intervene or report when witnessing, observing, and becoming cognizant of prohibited or unauthorized student-employee interactions.
3. Failure to fulfill duties and requirements as mandated reporters.
4. Failure to report to the California Commission on Teacher Credentialing (CCTC) regarding possible educational misconduct.
Legal Reference
EDUCATION CODE
44030.5 Employment status reports
44050 Employee code of conduct; employee interactions with students
44242.5 Reports and review of alleged misconduct
44940 Sex offenses and narcotic offenses; compulsory leave of absence
48980 Parental notifications
PENAL CODE
11164-11174.3 Child Abuse and Neglect Reporting Act
CODE OF REGULATIONS, TITLE 5
80303 Reports of change in employment status, alleged misconduct
80304 Notice of sexual misconduct
Policy CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT
adopted: December 10, 2019 Lawndale, California