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Elk Grove USD  |  BP  5145.7  Students

Sexual Harassment   

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The Board of Education is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.

The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who has experienced off-campus sexual harassment that has a continuing effect on campus, to immediately contact his/her teacher, the principal (or the principal's designee), or the Legal Compliance Specialist identified in the District's Uniform Complaint Procedures - BP 1312.3. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal (or the principal's designee), or the Legal Compliance Specialist identified in BP 1312.3. Complaints of unlawful sexual harassment shall be addressed consistent with the procedures set forth in BP 1312.3.

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

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy.


The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence

2. A clear message that students do not have to endure sexual harassment under any circumstance

3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained

4. A clear message that student safety is the district's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved

5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students

6. Information about the district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made

7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues

8. A clear message that, when needed, the district will take interim measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment

Complaint Process and Disciplinary Actions

Sexual harassment complaints by and against students shall be investigated and resolved in accordance with law and district procedures specified in BP 1312.3 - Uniform Complaint Procedures. Principals or their designees are responsible for notifying students and parents/guardians that complaints of sexual harassment can be filed under BP 1312.3 and where to obtain a copy of the procedures.

(cf. 1312.3 - Uniform Complaint Procedures)

Upon investigation of a sexual harassment complaint, any student found to have engaged in sexual harassment or sexual violence in violation of this policy shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.

(cf. 5144 - Discipline)

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

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall have his/her employment terminated in accordance with law and the applicable collective bargaining agreement.

(cf. 4117.7 - Employment Status Report)

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

Reporting Procedures

Any student who feels that he or she or another student in the District is being sexually harassed by any student, employee, or other person from or in the District should immediately notify school staff or an administrator such as the principal or a vice principal so that the concern can be investigated and addressed. A student or parent may also file a written complaint in accordance with the District's Uniform Complaint Procedures. [BP & AR 1312.3, BP 5131.2, and BP 5145.3] The District prohibits retaliatory behavior against any person filing a complaint or any participant or witness in the complaint process. Each complaint will be fully investigated in a way that respects the privacy of all parties concerned, and appropriate action will be taken to remedy a finding of sexual harassment.

Additional Information

Additional information about these policies, your rights and responsibilities, or about how to file a complaint regarding alleged sexual harassment can be obtained by contacting the Legal Compliance Specialist,, 916-686-7795, Elk Grove Unified School District, 9510 Elk Grove-Florin Road, Elk Grove, CA 95624. For complaints regarding discrimination based on sex, contact the appropriate Title IX and Nondiscrimination Coordinator listed below:

The District designates the following individual(s) as the responsible employee(s) to coordinate its efforts to comply with the Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to investigate and resolve sexual harassment complaints under AR 1312.3- Uniform Complaint Procedures. The coordinator/compliance officer(s) may be contacted at .

(cf. 1312.3- Uniform Complaint Procedures)

Questions and concerns regarding Title IX compliance at a school site must be directed to the school principal (or the principal's designee), who is the school's Title IX Designee. For questions and concern regarding Title IX compliance in District Level Programs the Title IX Coordinators are as follows:

For student against student complaints:

Assistant Superintendent, PreK-6 Education

(916) 686-7704;

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

Assistant Superintendent, Secondary Education

(916) 686-7706;

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

Executive Director, Education Services

(916) 831-2041;

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

For complaints against employees:

Legal Compliance Specialist, Human Resources

(916) 686-7795;

9510 Elk Grove-Florin Road

Elk Grove, CA 95624


The Superintendent or designee shall maintain a record of all written complaints of sexual harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in district schools.

(cf. 3580 - District Records)

Legal Reference:


200-262.4 Prohibition of discrimination on the basis of sex

48900 Grounds for suspension or expulsion

48900.2 Additional grounds for suspension or expulsion; sexual harassment

48904 Liability of parent/guardian for willful student misconduct

48980 Notice at beginning of term


51.9 Liability for sexual harassment; business, service and professional relationships

1714.1 Liability of parents/guardians for willful misconduct of minor


12950.1 Sexual harassment training


4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs


1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688 Title IX, discrimination


1983 Civil action for deprivation of rights

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

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


99.1-99.67 Family Educational Rights and Privacy

106.1-106.71 Nondiscrimination on the basis of sex in education programs


Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130

Reese v. Jefferson School District, (2001, 9th Cir.) 208 F.3d 736

Davis v. Monroe County Board of Education, (1999) 526 U.S. 629

Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274

Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473

Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447

Management Resources:


Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Safe Schools: Strategies for Boards of Education to Ensure Student Success, 2011


Dear Colleague Letter: Transgender Students, May 2016

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016

Dear Colleague Letter: Title IX Coordinators, April 2015

Questions and Answers on Title IX and Sexual Violence, April 2014

Dear Colleague Letter: Sexual Violence, April 4, 2011

Sexual Harassment: It's Not Academic, September 2008

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001



California Department of Education:

U.S. Department of Education, Office for Civil Rights:


adopted: October 29, 1984 Elk Grove, California

revised: June 21, 1993

revised: April 6, 1998

revised: July 10, 2002

revised: May 21, 2019