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Redlands USD, Summaries of Law

Law

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits sexual ...

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Redlands USD
Board Policy
Sexual Harassment
BP 5145.7
Students
The Governing Board is committed to maintaining a safe school environment that is free from
harassment and discrimination. The Board prohibits sexual harassment of any student by anyone
at school or at a school-sponsored or school-related activity. The Board also prohibits retaliatory
behavior or action against any person who reports, files a complaint, or testifies about, or
otherwise supports a complainant in alleging sexual harassment.
The district strongly encourages any student who feels that he/she is being or has been sexually
harassed on school grounds or at a school-sponsored or school-related activity by another student
or an adult who has experienced off-campus sexual harassment that has a continuing effect on
campus to immediately contact his/her teacher, the principal, or any other available school
employee. Any employee who receives a report or observes an incident of sexual harassment
shall notify the principal or a district compliance officer. Once notified, the principal or
compliance officer shall take the steps to investigate and address the allegation, as specified in
the accompanying administrative regulation.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 5131 - Conduct)
(cf. 5131.2 - Bullying)
(cf. 5137 - Positive School Climate)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)
The Superintendent or designee shall take appropriate actions to reinforce the district's sexual
harassment policy.
Instruction/Information
The Superintendent or designee shall ensure that all district students receive age-appropriate
information on sexual harassment. Such information shall include:
1. What acts and behavior constitute sexual harassment, including the fact that sexual
harassment could occur between people of the same gender, or sex, and could involve sexual
violence
2. A clear message that students do not have to endure sexual harassment under any
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Redlands USD

Board Policy

Sexual Harassment BP 5145. Students The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits sexual harassment of any student by anyone at school or at a school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint, or testifies about, or otherwise supports a complainant in alleging sexual harassment. The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult who has experienced off-campus sexual harassment that has a continuing effect on campus to immediately contact his/her teacher, the principal, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a district compliance officer. Once notified, the principal or compliance officer shall take the steps to investigate and address the allegation, as specified in the accompanying administrative regulation. (cf. 04 10 - Nondiscrimination in District Programs and Activities) (cf. 13 1 2.1 - Complaints Concerning District Employees) (cf. 51 31 - Conduct) (cf. 51 3 1.2 - Bullying) (cf. 51 37 - Positive School Climate) (cf. 51 4 1.4 - Child Abuse Prevention and Reporting) (cf. 51 4 5.3 - Nondiscrimination/Harassment) (cf. 61 4 2.1 - Sexual Health and HIV/AIDS Prevention Instruction) The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy. Instruction/Information The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such information shall include:

  1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same gender, or sex, and could involve sexual violence
  2. A clear message that students do not have to endure sexual harassment under any

circumstance

  1. Encouragement to report observed incidents of sexual harassment, even where the alleged victim of the harassment has not complained.
  2. A clear message that student safety is the district's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved
  3. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students
  4. Information about the district’s procedure for investigating complaints, and the person(s) to whom a report of sexual harassment should be made.
  5. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues
  6. A clear message that, when needed, the district will take interim measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment Complaint Process and Disciplinary Actions Sexual harassment complaints by and against students shall be investigated and resolved in accordance with law and district procedures specified in AR 1312.3 - Uniform Complaint Procedures. Principals are responsible for notifying students and parents/guardians that complaints of sexual harassment can be filed under AR 1312.3 and where to obtain a copy of the procedures. (cf. 13 1 2.3 - Uniform Complaint Procedures) Upon investigation of a sexual harassment complaint, any student found to have engaged in sexual harassment or sexual violence in violation of this policy shall be subject to disciplinary action. For students in grades 4 - 12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account. (cf. 51 44 - Discipline)

Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1 130 Reese v. Jefferson School District, (200 1 , 9th^ Cir.) 208 F.3d 736 Davis v. Monroe County Board of Education, ( 1 999) 526 U.S. 629 Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274 Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473 Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447 Management Resources: CSBA PUBLICATIONS Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016 Dear Colleague Letter: Title IX Coordinators, April 2015 Questions and Answers on Title IX and Sexual Violence, April 2014 Dear Colleague Letter: Sexual Violence, April 4, 2011 Sexual Harassment: It's Not Academic, September 2008 Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001 WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr Policy REDLANDS UNIFIED SCHOOL DISTRICT adopted: June 27, 1995 Redlands, California revised: June 20, 2000 revised: March 25, 20 03 revised: October 24, 2017