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Escondido Union ESD |  BP  4319.11  Personnel

Sexual Harassment   

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The Board of Education prohibits sexual harassment of district employees and job applicants. The board also prohibits retaliatory behavior or action against district employees or other persons who complain, testify, or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

(cf. 4030 - Nondiscrimination in Employment)

The superintendent or designee shall take all actions necessary to ensure the prevention, investigation, and correction of sexual harassment, including but not limited to:

1. Providing training to employees in accordance with law and administrative regulation

(cf. 4131/4231/4331 - Staff Development)

2. Publicizing and disseminating the district's sexual harassment policy to staff

3. Ensuring prompt, thorough, and fair investigation of complaints

4. Taking timely and appropriate corrective/remedial actions after completion of investigation. This may require interim separation of the complainant and the alleged harasser, and subsequent monitoring of developments

Any district employee or job applicant who feels that he/she has been sexually harassed, or who has knowledge of any incident of sexual harassment by or against another employee, a job applicant, or a student, shall immediately report the incident to his/her supervisor, the principal, district administrator, or superintendent. Complaints of sexual harassment shall be filed in accordance with AR 4030 - Nondiscrimination in Employment.

(cf. 4030 - Nondiscrimination in Employment)

An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint.

A supervisor, principal, or other district administrator who receives a harassment complaint shall promptly notify the superintendent or designee.

All complaints and allegations of sexual harassment shall be kept confidential to the extent necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964)

Any district employee who engages or participates in sexual harassment, or who aids, abets, incites, compels, or coerces another to commit sexual harassment against a district employee, job applicant, or student is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

Access to global electronic data through social networking and other capabilities has revolutionized information sharing. While Escondido Union School District supports the utilization of technology to extend learning opportunities and communication strategies, the district must ensure that social networking and other capabilities are used in a manner that does not violate student, employee, or District confidentiality. In addition, the social networking and other capabilities must be used in a manner that does not jeopardize the safety of students, employees, or the District. The District's technological resources, including social networking and other capabilities, shall not be used for the purpose of unlawfully sharing or disseminating copyrighted materials.

The District's technological resources are District property and provided for instructional and administrative purposes only. Employees are personally responsible for the content they publish online and shall not use the system to promote unethical or illegal practices or any activity prohibited by law or district policy including, but not limited to, publishing or displaying harmful or inappropriate matter that is obscene, disruptive, sexually explicit, threatening, harassing, or disparaging on the basis of age, ancestry, color, disability, gender, national origin, race, religion, or sexual orientation.

Comments posted on social networking and other Internet sites that occur during the work day or outside of the work environment may violate harassment and other District policies, which will result in the appropriate level of investigation and subsequent consequence(s) for that action. The transmission of communication by means of an electronic device, such as telephone, wireless telephone, computer or pager that promotes sexual harassment, hate violence, or other forms of harassment, discrimination, threats, or intimidation that are sufficiently severe or pervasive to disrupt classwork or unlawfully invade the rights of others is prohibited under District policies and regulations.

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 ESCONDIDO UNION SCHOOL DISTRICT

adopted: October 23, 2003 Escondido, California

revised: September 15, 2011

revised: November 17, 2016