Sexual Harassment

Sexual Harassment Against Students

Prohibited by SUHSD Board Policy And by Law!

BP 5145.7

AR 5145.7

Sexual Harassment Against Personnel

BP 4119.11

AR 4119.11

 

The Sweetwater Union High School District does not tolerate sexual harassment and is committed to maintaining safe schools free from sexual harassment.

Board Policy 5145.7(a)-Students Sexual Harassment states: 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.

Protections for Students:

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.

The Board prohibits sexual harassment of students at school, and at school related or sponsored activities. The Board also prohibits retaliation against any person for making of any complaint of sexual harassment or for cooperating in the investigation.

What is Sexual Harassment?

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting, under any of the following conditions: (Education Code 212.5)

  • Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s academic status or progress.
  • Submission to or rejection of the conduct by an individual is used as the
  • basis for academic decisions affecting the individual.
  • The conduct has the purpose or effect of having a negative impact on the individual’s academic performance, or of creating an intimidating, hostile, or offensive educational environment.
  •  Submission to or rejection of the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the school.

Examples of Sexual Harassment:

  • Unwelcome sexual flirtations or propositions.
  •  Sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
  • Graphic verbal comments about an individual’s body, or overly personal conversation.
  • Sexual jokes, notes, stories, drawings, pictures, or gestures.  Spreading sexual rumors.
  •  Teasing or sexual remarks about students enrolled in a predominantly single gender class.
  • Touching an individual’s body or clothes in a sexual way.
  •  Purposefully cornering or blocking normal movements.
  •  Limiting a student’s access to educational program or resources.
  •  Displaying sexually suggestive objects, drawings or photographs.
  •  Profanity, inappropriate offensive and profane language (without intent to harm).

Consequences for sexual harassment:

  • Sexual harassment by a student may result in suspension and/or expulsion from school, pursuant to Education Code 48900.2 and 48915(e). Nothing within this regulation shall require or justify delay of consideration or imposition of the procedures leading to student discipline based upon sexual harassment.

Retaliation:

The District prohibits retaliatory behavior against any complainant as a result of negative response to sexual advances or making of an informal or formal complaint alleging sexual harassment.

Complaint Process:

A complaint must be filed no later than six months from the dated alleged discrimination occurred or the date the complainant first

obtained knowledge of facts of the alleged discrimination, unless the time for filing is extended by the Superintendent of Public Instruction upon written request by the complainant setting forth the reasons for the extension. Any extension by the Superintendent of Public Instruction shall be in writing, for good cause, not to exceed ninety days following the expiration of the time allowed.

Investigation:

The principal or appropriate administrator or designee shall promptly investigate all complaints of sexual harassment. The investigating administrator shall, when practical, be of the same gender as the alleged victim. If the principal is the accused involved, or a conflict of interest exists, the complainant shall be referred to the office of the Director of Student Support Services, who shall appoint an investigator other than the accused principal. The investigator shall consider talking individually with at least: 1. The student who has reported the sexual harassment. 2. The person accused of harassment. 3. Anyone who saw the harassment take place. 4. Anyone mentioned as having related information. 5. The parent/guardian of students involved.

 

Remedy:

When the student who complained and the person accused of harassment so agree, the principal/administrator, designee or investigator may arrange for them to resolve the complaint

informally with the help of a counselor, teacher, administrator or trained mediator. The student who complained shall never be asked to work out the problem directly with the accused person unless such help is requested. The principal, designee, or investigator shall tell the student who complained that he/she has the right to file a formal complaint at any time in accordance with the district’s uniform complaint procedures or with local law enforcement agencies. If the student wishes to file a formal district complaint, the principal or designee shall assist the student in doing this.

For More Information:

Copies of the sexual Harassment policies are available on the District website.

https://www.sweetwaterschools.org/

The Assistant Superintendent of Educational Equity and Support Services is the Title IX Coordinator for student sexual harassment.  The Director can be contacted at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California 91911 (619) 691-5564.