SEXUAL HARASSMENT - EMPLOYEES

BOARD POLICY - 4119.11

The following policy shall apply to all District employees, interns, volunteers, contractors, job applicants, and other persons with an employment relationship with the District.

The Governing Board is committed to providing a safe work environment that is free of harassment and discrimination. The Board prohibits sexual harassment against District employees at work, or at any work-related or work-sponsored activity. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint, testifies about, or otherwise supports a complainant in alleging sexual harassment.

Sexual harassment includes, but is not limited to, harassment that is based on the sex, gender, gender identity, gender expression, or sexual orientation of the victim and harassment based on pregnancy, childbirth, or related medical conditions.

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.
  2. Publicizing and disseminating the District's sexual harassment policy to employees and others to whom the policy may apply.
  3. Ensuring prompt, thorough, fair, and equitable investigation of complaints.
  4. Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments.

The Superintendent or designee shall periodically evaluate the effectiveness of the District's strategies to prevent and address harassment. Such evaluation may involve conducting regular anonymous employee surveys to assess whether harassment is occurring or is perceived to be tolerated, partnering with researchers or other agencies with the needed expertise to evaluate the District's prevention strategies, and using any other effective tool for receiving feedback on systems and/or processes. As necessary, changes shall be made to the harassment policy, complaint procedures, or training.

Sexual Harassment Reports and Complaints

The District strongly encourages employees who feel that they have been sexually harassed in the performance of their District responsibilities or who have knowledge of any incident of sexual harassment by or against another employee to immediately report the incident to their direct supervisor, a District administrator, or the District's Title IX Coordinator. Employees may bypass their supervisor in filing a complaint if the supervisor is the subject of the complaint. A supervisor or administrator who receives a harassment complaint shall promptly notify the Title IX Coordinator.

IUSD Executive Director, Secondary Education
5050 Barranca Parkway, Irvine CA 92604
Phone: (949) 936-5063

titleixcoordinator@iusd.org

Complaints of sexual harassment in violation of Title IX shall be filed and investigated in accordance with AR 4119.12 – Title IX Sexual Harassment Complaint Procedures - Employees.  All other complaints of sexual harassment shall be filed and investigated in accordance with AR 4030 – Nondiscrimination in Employment.

The Title IX Coordinator shall offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances.

Upon investigation of a sexual harassment complaint, any District employee found to have engaged or participated in sexual harassment or to have aided, abetted, incited, compelled, or coerced another to commit sexual harassment in violation of this policy shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.

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  Sexual harassment; distribution of information

Policy Adopted: August 25, 1992
Policy Revised: August 7, 1997
Policy Revised: July 13, 2004
Policy Revised: January 12, 2016
Policy Revised: March 2, 2021

Administrative Regulation 4119.11 - Sexual Harassment - Employees
Administrative Regulation 4119.12 - Title IX Sexual Harassment Complaint Procedures - Employees