4019.11 – Personnel – All Personnel – Sexual Harassment

Policy –
Regulation – x
Exhibit –

Adopted – 1/4/1996
Revised – 4/26/2018

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.

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 gender, in the work or educational setting, when (Education Code 212.5; Government Code 12940, 2 CCR 11034):

1. Submission to the conduct is made either expressly or by implication, a term or condition of the other’s employment
2. Submission to or rejection of such conduct by the other individual is used as the basis for an employment decision affecting him/her
3. The conduct has the purpose or effect of unreasonably interfering with the other individual’s work or academic performance; creating an intimidating, hostile or offensive work or educational environment; or of adversely affecting the other individual’s evaluation, advancement, assigned duties, or any other condition of education, employment or career development
4. 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

Other examples of sexual harassment, whether committed by a supervisor or any other employee, include but are not limited to:

1. Unwelcome leering, sexual flirtations or propositions
2. Unwelcome sexual slurs, epithets, threats, innuendos, verbal abuse, derogatory comments or sexually degrading descriptions
3. Graphic verbal comments about an individual’s body, or overly personal conversation
4. Sexual jokes, stories, drawings, pictures, graffiti or gestures
5. Spreading sexual rumors
6. Touching an individual’s body or clothes in a sexual way
7. Cornering or blocking of normal movements
8. Displaying sexually suggestive objects in the educational or work environment
9. Any act of retaliation against an individual who reports a violation of the District’s sexual harassment policy or who participates in the investigation of a sexual harassment complaint
10. Sexually explicit emails
11. Unwelcomed physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body

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, employee’s duty to use the District’s complaint procedures, and employee obligations when a sexual harassment report involving a student is made to the 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 such newly hired or promoted employees shall receive training within six months of their assumption of the new position. (Government Code 12950.1)
A supervisory employee is any employee with the authority to hire, transfer, suspend, lay off, promote, discharge, assign, reward, or discipline other employees, or to effectively recommend such action.
The District’s sexual harassment 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 federal and state laws on the prohibition, prevention, and correction of sexual harassment, the remedies available to sexual harassment victims 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. (2 CCR 11024)

Notifications

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

1. Be displayed in a prominent location in the main administrative building or other area of the school
2. Be provided to each faculty member, all members of the administrative staff, and all members of the support staff 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 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 the Fair Employment and Housing Department and Commission and the Equal Employment Opportunity Commission
6. Directions on how to contact the Fair Employment and Housing Department and Commission and the Equal Employment Opportunity Commission
7. The protection against retaliation provided by Title 2 of the California Code of Regulations for opposing the practices prohibited by law or for filing a complaint with, or otherwise participating in an investigation, proceeding, or hearing conducted by the Fair Employment and Housing Department and Commission and the Equal Employment Opportunity Commission

In addition, the District shall post, in a prominent and accessible location, the Fair Employment and Housing Department and Commission’s poster on discrimination in employment and the illegality of sexual harassment. (Government Code 12950)

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