Board Policy 4121.1:=A0 Sexual Harassment

	BOARD=20 POLICY Irvine Unified School District=20	4121.1
	SEXUAL HARASSMENT -=20 EMPLOYEES
	The Board of Education is committed to = maintaining an=20 employment, educational, and business environment free from = harassment,=20 intimidation or insult on the basis of an individual=92s = sex. =20 Positive action will be taken when necessary to eliminate such = practices=20 or remedy their effects. Sexual harassment as defined and=20 otherwise prohibited by state and federal statutes, constitutes = an=20 unlawful form of sex discrimination in violation of Title IX of = the=20 Education Amendments Act of 1972 and Title VII of the Civil = Rights Act=20 of 1964. In addition, sexual harassment constitutes violation of = the=20 California Education Code, regulations of the State Board of = Education,=20 and District Policy. As such, sexual harassment may = constitute=20 just cause for discipline pursuant to applicable Education Code=20 Sections. It is the policy of the Irvine Unified School = District=20 that sexual harassment in the work place is unacceptable and = will not be=20 condoned or tolerated. Definition Sexual harassment consists of unwelcome sexual = advances,=20 requests for sexual favors, and other verbal or physical conduct = of a=20 sexual nature. It includes, but is not limited to, circumstances = in=20 which: submission to such conduct is made either = explicitly=20 or implicitly a term or condition of an individual=92s=20 employment;=20 submission to or rejection of such conduct = by an=20 employee is used as the basis for employment decisions = affecting such=20 employee; or=20 such conduct has the purpose or effect of=20 unreasonable interference with an employee=92s work = performance or=20 creates an intimidating, hostile or offensive working=20 environment. Forms of Sexual Harassment Forms of sexual harassment include, but are = not limited=20 to, the following: verbal harassment: derogatory comments, = jokes or=20 slurs;=20 physical harassment: unnecessary or = offensive=20 touching or impeding or blocking movement;=20 visual harassment: derogatory or offensive = posters,=20 cards, cartoons, graffiti, drawings, or gestures; and=20 sexual favors: unwelcome sexual advances, = requests=20 for sexual favors, and other verbal or physical conduct of a = sexual=20 nature. Activities such as: comments repeatedly emphasizing the = sexuality or=20 sexual identity of an individual;=20 persistent requests for social-sexual = encounters and=20 favors;=20 physical contact of a lewd type;=20 indecent exposure; and realized sexual=20 encounters constitute sexual harassment when they are = accompanied=20 by one or more of the following terms or conditions: explicit or implicit promises or rewards = for=20 cooperation via misuse of institutional authority;=20 explicit or implicit threats of punishment = for=20 non-cooperation via misuse of institutional authority;=20 intimidation which creates a hostile or = offensive=20 working environment; interferes with an employee=92s work = performance;=20 prevents an employee=92s enjoyment of employment = opportunities; or=20 induces conformance, stress, anxiety, fear, or sickness on the = part of=20 the harassed employee. Resolution Process Informal Process: To accommodate the unique nature of sexual = harassment=20 complaints, an informal process is provided for the primary = purpose of=20 resolution of a complaint at the earliest possible date. = Elements of=20 this process are: Employees may submit sexual harassment = complaints to=20 their immediate supervisor, the Deputy Superintendent, Human=20 Resources, or the Superintendent of Schools.=20 The Deputy Superintendent, Human Resources, = will a. inform the complainant of any rights = under any=20 relevant complaint procedure, policy, or collective bargaining = agreement; b. authorize the investigation of the = complaint and=20 supervise and/or investigate the complaint. The investigation will include interviews=20 with: the complainant=20 the alleged harasser, and=20 any other persons who reasonably may have = relevant=20 knowledge concerning the complaint, such as witnesses and = victims of=20 similar conduct. c. review factual information gathered = through the=20 investigation to determine whether the alleged conduct = constitutes=20 harassment, giving consideration to all factual information, = the=20 totality of the circumstances, including the nature of the = verbal,=20 physical or visual aspects of the conduct and the context in = which the=20 alleged incidents occurred; d. if harassment occurred, take prompt = remedial action=20 against the harasser; such action shall be commensurate with = the=20 severity of the offense in accordance with any contractual and = statutory due process requirements. Formal Process Complaints which are not resolved through the = above=20 informal procedure may be processed through the formal complaint = procedures specified in Board Policy 4030. Legal References Education Code sections = 212.5, 230=20 , 231.5 Title Vll of the Civil Rights Act of = 1964=20 Title IX of the Education Amendments Act of 1972 Meritor = Savings=20 Bank v. Vinson 477 U.S. 57 (1986) Franklin v. Gwinett County = Schools, 112 S.Ct. 1028 (1992) Policy = Adopted: August=20 25, 1992 Revised: August 7,=20 1997 Revised: July 13, 2004