4119.11 AR - Sexual Harassment

Personnel
Administrative Regulation No. 4119.11/4219.11/4319.11
Reviewed:  May 18, 2017

Sexual Harassment

This administrative regulation shall apply to all allegations of sexual harassment involving employees, interns, volunteers, and job applicants, but shall not be used to resolve any complaint by or against a student.

Definitions

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors or other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite sex, in the work or educational setting, when:  (Education Code 212.5; 5 CCR 4916)

1.         Submission to the conduct is made explicitly or implicitly a term or condition of the individual’s employment.

2.         Submission to or rejection of such conduct by the individual is used as the basis for an employment decision affecting him/her

3.         Submission to or rejection of the conduct by the other individual is used as the basis for any decision affecting him/her regarding benefits, services, honors, programs or activities available at or through the district 

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual factors, or other unwanted verbal, visual, or physical conduct, of a sexual nature made against another person of the same or opposite sex in the work or educational setting when: (Education Code 212.5; Government Code 12940; 2 CCR 11034)

Examples of actions that might constitute sexual harassment, whether committed by a supervisor, co-worker or non-employee, in the work or educational setting, include but are not limited to:

1.         Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual’s body; overly personal conversations or pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, innuendos, derogatory comments, sexually degrading descriptions, or the spreading of sexual rumors

2.         Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit e-mails; displaying sexually suggestive objects

3.         Unwelcome physical conduct such as massaging, grabbing, fondling, stroking or brushing the body; touching an individual’s body or clothes in a sexual way; cornering, blocking, leaning over, or impeding normal movements

Training

The Superintendent or designee shall ensure that all employees receive training regarding the district’s sexual harassment policies when hired and periodically thereafter.  Such training shall include the procedures for reporting and/or filing complaints involving an employee, employees’ duty to use the district’s complaint procedures, and employee obligations when a sexual harassment report involving a student is made to an employee.

Every two years, the Superintendent or designee shall ensure that supervisory employees receive at least two hours of classroom or other effective interactive training and education regarding sexual harassment.  All newly hired or promoted supervisory employees shall receive training within six months of their assumption of the supervisory position.  (Government Code 12950.1)

A supervisory employee is any employee having the authority, in the interest of the district, to hire, transfer, suspend, lay off, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, adjust their grievances, or effectively recommend such action, when the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment.  (Government Code 12926)

The district’s sexual training and education program for supervisory employees shall be aimed at assisting them in preventing and effectively responding to incidents of sexual harassment, as well as implementing mechanisms to promptly address and correct wrongful behavior.  The training shall include, but is not limited to, the following:  (Government Code 12950.1; 2 CCR 11024)

1.         Information and practical guidance regarding the federal and state law on the prohibition, prevention and correction of sexual harassment, and the remedies available to the victims of sexual harassment in civil actions, and potential district and/or individual exposure or liability

2.        
The types of conduct that constitute sexual harassment and practical examples which illustrate sexual harassment, discrimination, and retaliation using training modalities such as role plays, case studies, and group discussions, based on factual scenarios taken from case law, news and media accounts, and hypotheticals based on workplace situations and other sources

3.         A supervisor's obligation to report sexual harassment, discrimination, and retaliation of which he/she becomes aware and what to do if the supervisor himself/herself is personally accused of harassment

4.         Strategies for preventing harassment, discrimination, and retaliation and appropriate steps to ensure that remedial measures are taken to correct harassing behavior, including an effective process for investigation of a complaint

5.         The essential elements of the district's anti-harassment policy, including the limited confidentiality of the complaint process and resources for victims of unlawful sexual harassment, such as to whom they should report any alleged sexual harassment, and how to use the policy if a harassment complaint is filed

6.         A copy of the district's sexual harassment policy and administrative regulation, which each participant shall acknowledge in writing that he/she has received

7.         The definition and prevention of abusive conduct that addresses the use of derogatory remarks, insults, or epithets, other verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, and the gratuitous sabotage or undermining of a person's work performance

The Superintendent or designee shall retain for at least two years the records of any training provided to supervisory employees.  Such records shall include the names of trained employees, date of the training, the type of training, and the name of the training provider. (2CCR 11013)

Notifications

 A copy of the Board’s policy and this administrative regulation shall:  (Education Code 231.5)

1.         Be displayed in a prominent location in the main administrative building, district office, or other area of the school where notices of district rules, regulations, procedures and standards of conduct are posted

2.         Be provided to each district employee at the beginning of the first quarter or semester of the school year, or whenever a new employee is hired 

3.         Appear in any school or district publication that sets forth the school’s or district’s comprehensive rules, regulations, procedures and standards of conduct 

All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing (DFEH) or a copy of district information sheets that contain, at a minimum, components on:  (Government Code 12950)

1.         The illegality of sexual harassment

2.         The definition of sexual harassment under applicable state and federal law

3.         A description of sexual harassment, with examples

4.         The district’s complaint process available to the employee

5.         The legal remedies and complaint process available through DFEH and the Equal Employment Opportunity Commission

6.         Directions on how to contact DFEH and Equal Employment Opportunity Commission 

7.         The protection against retaliation provided by 2 CCR 7287.8 for opposing harassment prohibited by law or filing a complaint with or otherwise participating in an investigation, proceeding or hearing conducted by DFEH or the EEOC.

 In addition, the district shall post, in a prominent and accessible location, DFEH’s poster on discrimination in employment and the illegality of sexual harassment. (Government Code 12950)



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