Sweetwater Un HSD | BP 5145.7 Students
The Board of Trustees is committed to maintaining a learning environment that is free of sexual harassment of any student by any employee, student, or other person at school at any school-related activity.
All students shall receive age-appropriate information related to sexual harassment. Students shall be assured that they need not endure any form of sexual harassment. They shall further be assured that they need not endure, for any reason, any sexual harassment which impairs the educational environment or a student's emotional well-being at school.
Criminal or civil charges may be brought against the alleged harasser. Sexual harassment may be considered a violation of laws relating to child abuse.
Reporting and Investigating Requirements
Employees are required to report any alleged sexual harassment to the appropriate administrator or be subject to disciplinary action up to and including dismissal.
Students shall be informed to immediately contact a staff member if they feel they are victims of sexual harassment. Within 24 hours, staff shall report complaints of sexual harassment to the principal or designee or to another district administrator. Staff shall similarly report any such incidents they may observe, even if the harassed student has not complained.
The principal/administrator or designee shall immediately investigate any report of the sexual harassment of a student.
Upon verifying that sexual harassment occurred, he/she shall ensure that appropriate action is promptly taken to end the sexual harassment, address its effects on the person subjected to the harassment, and prevent any further instances of the sexual harassment. In addition, the student may file a formal complaint using the district's uniform complaint procedures.
If the Superintendent or the principal of the school in which the student learner is enrolled determines that the student has committed sexual harassment as defined in Education Code 212.5, which is determined to be sufficiently severe or pervasive as to have an intimidating, hostile, or offensive educational environment, the student may be suspended from school or recommended for expulsion.
Investigations Shall be Confidential
The district prohibits retaliatory behavior against any complainant or any participant in the complaint process. Information related to a complaint of sexual harassment shall be confidential to the extent possible, and individuals involved in the investigation of such a complaint shall not discuss related information outside the investigation process.
Superintendent to Develop Regulations
The Superintendent shall formulate such administrative regulations as necessary to implement this Board policy.
200-262.4 Prohibition of discrimination on the basis of sex
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
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, Discrimination
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
CODE OF FEDERAL REGULATIONS, TITLE 34
106.1-106.71 Nondiscrimination on the basis of sex in education programs
Reese v. Jefferson School District, (2001) 208 F.3d 736
Davis v. Monroe County Board of Education, (1999) 526 U.S. 629
Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989
Nabozny v. Podlesny, (1996, 7th Cir.) 92 F.3d 446
Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447
Oona R.-S. etc. v. Santa Rosa City Schools et al, (1995) 890 F.Supp. 1452
Rosa H. v. San Elizario Ind. School District, (W.D. Tex. 1995) 887 F. Supp. 140, 143
Clyde K. v. Puyallup School District #3, (1994) 35 F.3d 1396
Patricia H. v. Berkeley Unified School District, (1993) 830 F.Supp. 1288
Franklin v. Gwinnet County Schools, (1992) 112 S. Ct. 1028
Kelson v. City of Springfield, Oregon, (1985, 9th Cir.) 767 F.2d 651
OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL
Protecting Students from Harassment and Hate Crime: A Guide for Schools, January 1999
OFFICE OF CIVIL RIGHTS' PUBLICATIONS
Revised Sexual Harassment Guidance, January 2001
Sexual Harassment Guidance, March 1997
Policy SWEETWATER UNION HIGH SCHOOL DISTRICT
adopted: November 17, 2008 Chula Vista, California