Board Policy 5145.7:=A0 Sexual Harassment

BOARD = POLICY
Irvine=20 Unified School District

5145.7

SEXUAL HARASSMENT -=20 STUDENTS

The Board of Education is committed to = maintaining=20 a learning environment free from harassment, intimidation or = insult,=20 student-to-student or adult-to-student, on the basis of an = individual's=20 sex. Positive action will be taken when necessary to = eliminate such=20 practices or remedy their effects. Sexual harassment, as = defined and=20 otherwise prohibited by state and federal statutes, constitutes an = 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 of=20 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 just=20 cause for discipline pursuant to applicable Education Code=20 Sections.

Definition

Sexual = harassment consists=20 of unwelcome sexual advances, requests for sexual favors, and = other verbal=20 or physical conduct of a sexual nature. It includes, but is = not=20 limited to, circumstances in which:

submission to such conduct is made = either=20 explicitly or implicitly a part of the academic = environment;=20
submission to or rejection of such = conduct by a=20 student is used as the basis for grading, evaluation, or = supervision=20 decisions affecting a student; or=20
such conduct has the purpose or effect = of=20 unreasonable interference with a student's academic performance = or=20 creates an intimidating, hostile or offensive learning=20 environment.

Forms of Sexual = Harassment

Forms of=20 sexual harassment include, but are not limited to, the=20 following:

verbal harassment: derogatory = comments,=20 jokes, or slurs;=20
physical harassment: unnecessary = or=20 offensive touching or impeding or blocking movement;=20
visual harassment: derogatory or = offensive=20 posters, cards, cartoons, graffiti, drawings or gestures; = and=20
sexual favors: unwelcome sexual = advances,=20 requests for sexual favors, and other verbal or physical conduct = of a=20 sexual nature.

Activities such as:

comments repeatedly emphasizing the = sexuality=20 identity of an individual;=20
persistent requests for social-sexual = encounters=20 and favors;=20
physical contact of a lewd = type;=20
indecent exposure;=20
realized sexual encounters =

constitute sexual harassment when they = are=20 accompanied by one or more of the following terms or=20 conditions:

explicit or implicit promises of = rewards for=20 cooperation via misuse of institutional authority -- e.g., to = affect a=20 student's academic advancement, grades, graduation, etc.=20
explicit or implicit threats of = punishment for=20 non-cooperation via misuse of institutional authority -- e.g., = to effect=20 a student's academic advancement, grades, graduation, = etc.=20
intimidation which creates a hostile = or=20 offensive academic environment; interferes with a student's = scholastic=20 performance; prevents a student's full enjoyment of education=20 opportunities; or induces conformance, stress, anxiety, fear, or = sickness on the part of the harassed student.

Implicit in the legal definition of = sexual=20 harassment is the assumption that sexual harassment prevents the=20 realization of the victim's full potential as a student. A = person=20 sexually harassing a student is thus robbing the victim of the = freedom to=20 learn. Sexual harassment, then, is considered unethical and=20 unsatisfactory, as well as illegal behavior.

Resolution Process

Informal=20 Process:

To accommodate the unique nature of = sexual=20 harassment complaints, an informal process is provided for = the=20 primary purpose of resolution of a complaint at the earliest = possible=20 date. Elements of this process are:

The principal, an assistant = principal, or a=20 counselor may receive sexual harassment complaints from = students=20 and/or parents/guardians. The individual receiving the = complaint=20 will:

counsel the student, outline the = options=20 available and, when parents/guardians have not been = involved, inform=20 them of the complaint and the procedures to be = followed;=20
obtain a factual written statement = of the=20 complaint and forward such to the Superintendent;=20
assist in the follow-up = investigation, as=20 appropriate;=20
make recommendations regarding the = disposition of the complaint to the Superintendent or=20 designee.

The Superintendent or designee will = review the=20 factual information collected to determine whether the alleged = conduct=20 constitutes sexual harassment, giving consideration to the = record as a=20 whole and the totality of circumstances, and will take and/or=20 authorize appropriate action in accordance with student = disciplinary=20 procedures or due process requirements.=20
An effort will be made to protect = the privacy=20 of the parties involved in a complaint. Files which = pertain to=20 complaints handled under the informal process shall be kept=20 confidential and will not be made available to the=20 public.

Formal = Process:=20

If the complaint is not resolved = to the=20 satisfaction of the student or his/her parents in the informal = process,=20 the following formal procedure is available:=20

The complaint shall be reduced to = writing by=20 the complainant and sent to the Superintendent within 10 = working days=20 of the completion of the informal process.=20
The Superintendent shall investigate = the=20 complaint and respond within 10 working days after receipt of = the=20 complaint.

Legal References:
Education Code = Sections 200,=20 212.5, 230
Title VII of the Civil Rights Act of 1964
Title = IX of the=20 Education Amendments Acts of 1972
Meritor Savings Bank v. = Vinson, 477=20 U.S. 57, (1966)
Franklin v. Gwinett County Schools, 112 S.Ct = 1028=20 (1992)

Board Policy=20 Adopted: August 25, 1992