B.P. 5145.4

Petaluma Student Sexual Harassment Policy

Purpose of Policy

It is the policy of the Governing Board of the Petaluma (City) Elementary and Joint Union High School District to provide an educational environment free of sexual harassment. To accomplish this purpose, the policy is designed to secure, at the earliest level possible, an appropriate resolution to an allegation of sexual harassment.

This policy is intended to supplement, and not replace, any applicable state or federal laws and regulations. Complaints under these laws and regulations shall be processed through the procedures established by the appropriate state and/or federal agencies.

It is the position of this Board that sexual harassment is unlawful and will not be. It is a violation of this policy for any employee, agent, student, or parent with which the District has a cooperative agreement, to engage in sexual harassment.

Definition of Sexual Harassment

As defined by Education Code Section 212.5, "Sexual harassment means 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 work or educational setting, under the following conditions:

(a)    Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress.

(b)    Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions effective the individual.

(c)    The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment.

(d)    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 educational institution."

Specifically, sexual harassment may occur as a pattern of degrading sexual speech or actions ranging from verbal or physical annoyances or distractions to deliberate intimidations and frank threats or sexual demands. Examples of conduct which may constitute sexual harassment include, but are not limited to:

(1)    Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, impeding or blocking movement, leering, gestures, display of sexually suggestive objects or pictures, or cartoons.

(2)    Among peers, continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction, among peers, is not considered sexual harassment.)

(3)    Within the educational environment, implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied as a condition of receiving sexual favors.

(4)    Within the educational environment, engaging in sexual behavior to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student.

(5)    Offering favors or education or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shift, recommendations, reclassifications, etc., in exchange for sexual favors.

Any expression of sexual interest between adults and students, regardless of reciprocity, is considered inappropriate and shall be subject to discipline under Board Policy 4113.2 and Educational Code section 44932.

Reporting Procedure

Any student who believes he or she has been sexually harassed by an employee, agent or student of the District, should promptly report the facts of the incident(s) and the name of the individual involved to an adult staff member with whom they feel comfortable, and that person shall report the incident to the school site Title IX Officer, or, if the Title IX Officer is the alleged harasser, to the school principal. A written report of the alleged incident will be filed by the site Title IX Officer and/or school principal. A copy of the report, along with a copy of this policy, shall be mailed to the parent. A copy of the report shall be forwarded to the Deputy Superintendent of Administration and Human Services, and Superintendent. All staff, upon personal knowledge of an incident of sexual harassment, are obligated to report it to the Title IX Officer and/or a school principal. Failure to do so is a violation of this policy.

Students who feel aggrieved because of unwelcome conduct that may constitute sexual harassment are not required to inform the person engaging in such conduct that the conduct is unwanted, offensive and must stop, but are encouraged to do so. An aggrieved individual is not required to complain to his or her instructor if that instructor is the individual who is harassing the student. Any individuals making a report may bring an advocate to assist them.

Failure of staff to report student allegations of sexual harassment within three (3) school days is violation of this policy.

Filing Complaints with State and Federal Agencies

Aggrieved parties may wish to file complaints with other appropriate state and federal agencies, including:

The State Fair Employment and Housing Commission
30 Van Ness Avenue, San Francisco, CA 94102  (415) 557-2005

U.S. Office for Civil Rights
50 United Nations Plaza, Room 239, San Francisco, CA 94102  (415) 556-7000

Confidentiality

An allegation of sexual harassment and the results of the investigation shall be kept confidential to the extent reasonably possible under the investigation process. Witnesses and those interviewed shall be informed of the confidential nature of the issues and the investigation, and shall be informed that it will be a violation of this policy to disclose the allegation or the nature of the investigation to others and shall be subject to disciplinary action as defined in this policy.

Retaliation is Prohibited

The initiation of an allegation of sexual harassment will not cause any reflection on the individual reporting the incident or witnesses nor will it affect such persons' future business dealings with the District, his or her employment, compensation or work assignments, or, in the case of students, grades, class section or other matters pertaining to his or her status as a student of any District programs. It shall be a violation of this policy to engage in such retaliation. An allegation of retaliation shall be considered as a separate incident, shall be investigated, and shall be subject to disciplinary action as defined in this policy.

Time Limits

Allegations of sexual harassment shall be reported as soon as reasonably possible after the conduct in question has taken place.

Investigation Guidelines

All investigations of allegations of sexual harassment shall be handled promptly, in a serious, sensitive, and confidential manner.

(1)    The site Title IX Officer shall, as soon as reasonably possible after the incident has been reported, inform the student, employee, or other person accused of sexual harassment of the allegation, and they will be given an opportunity to respond.

(2)    All parties, specifically including complainants, and witnesses, will be promptly and fully informed of their rights pursuant to this policy, including the fact that complainant and witnesses will not be retaliated against and the confidential nature of the allegation and investigation.

(3)    A written report of the investigation findings shall be filed by the site Title IX officer and/or the site Principal, with the Deputy Superintendent of Administration and Human Services, D. Kim Jamieson, 778-4608, and the Superintendent, within ten (10) school days of the date the student filed the incident report. A copy of the findings shall be mailed to the student who reported the harassment, their parent(s), and the person accused.

Disciplinary Action

When an allegation of sexual harassment is supported by the investigation and disciplinary action is necessary, the Deputy Superintendent for Administration and Human Services and/or the Superintended will be consulted to determine what course of action is appropriate, depending upon whether the harasser is a student, staff member, or agent of the District.

Employees who violate this policy may be subject to discipline up to and including dismissal. Such disciplinary action shall be in accordance with applicable policies, laws, and/or collective bargaining agreements.

Students who violate this policy may be subject to discipline up to and including expulsion. Such disciplinary action shall be in accordance with board policy and state law.

Agents of the District who violate this policy may be subject to penalties and sanctions as may be available to the District, including termination of business relationships and contracts.

Appeal Procedures

An individual may appeal the findings of an investigation to the Governing Board of the District. Appeals should be made within a reasonable time from the date of a finding.

Training and Curriculum

To implement this policy, Petaluma School District(s) will provide appropriate training programs for staff and students. To promote awareness of sexual harassment and to focus upon prevention, a curriculum will be developed in elementary and secondary schools.

Notification

There will be adequate notification of the policy to include permanent posters in public areas, offices, and hallways. The policy will be published in site handbooks and the District Summer Mailing.

Administrative Regulations

The Superintendent shall adopt, and from time to time may revise, further procedures as may be necessary to implement this policy and provide for a means of enforcing this policy. Such further procedures may include the following: posting and other means of distributing the policy; a process under which complaints will be handled, an explanation of possible civil proceedings and potential legal consequences of sexual harassment. The Superintendent will initiate training and education programs to enable all persons, and in particular, supervisors, to better understand the problem of sexual harassment. In addition, the Superintendent shall designate appropriate employees to enforce or administer this policy within the District and shall provide for appropriate training for site Title IX Officers and Principals on an annual basis.

Special Assistance

It is expected that questions may arise concerning the interpretation of the prohibition against sexual harassment, the methods and procedures to be followed in the investigation of complaints, and the appropriateness of specific solutions in dispositions of complaints. For assistance in these matters, an aggrieved person may contact the Deputy Superintendent for Administration and Human Services.

Current legal references having sexual harassment in education:

Title VII of the Civil Rights Act – 42 USC Section 2000-e-2(a)(I)
California Fair Employment & Housing Act – Government Code Section 12940
Title IX of the Education Amendments of 1972 20 USC Section 1681 et. seq.
California Education Code, Section 200 et. seq.