topleft CSBA.org >  Services >  Governance Technology > 

Sweetwater Un HSD |  BP  5145.7  Students

Sexual Harassment   

arrow Previous bar Next arrow

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.

Legal Reference:

EDUCATION CODE

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

CIVIL CODE

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

COURT DECISIONS

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

Management Resources:

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

WEB SITES

OCR: http://www.ed.gov/offices/OCR

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California