1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same gender.

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1 STUDENTS CORONA-NORCO UNIFIED SCHOOL DISTRICT 5475 STUDENT RECORDS/RIGHTS RESOLUTION OF STUDENT GRIEVANCES PROHIBITION OF SEXUAL HARASSMENT The Governing Board is committed to maintaining an educational environment that is free from harassment. The Board prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation. A. Definition California Education Code section defines "sexual harassment" as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. For the purposes of this policy, and according to Education Code section , the conduct described in section must be considered, by a reasonable person of the same gender as the victim, to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive educational environment. This policy shall apply to students in grades K through 12. B. Instruction/Information The Superintendent or designee shall ensure that all district students receive ageappropriate instruction and information on sexual harassment. Such instruction and 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. 2. A clear message that students do not have to endure sexual harassment. 3. Encouragement to report observed instances of sexual harassment, even where the victim of the harassment has not complained. 4. Information about the person(s) to whom a report of sexual harassment should be made. Page 1 of 3

2 5475 C. Complaint Process Any student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact his/her teacher or any other employee. A school employee to whom a complaint is made shall, within 24 hours of receiving the complaint, report it to the principal or designee. Any school employee who observes any incident of sexual harassment involving a student shall report this observation to the principal or designee, whether or not the victim files a complaint. In any case of sexual harassment involving the principal or any other district employee to whom the complaint would ordinarily be made, the employee who receives the student s report or who observes the incident shall report to the non-discrimination coordinator or the Superintendent or designee. The Principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint in accordance with administrative regulation. Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim. The principal or designee shall also advise the victim of any other remedies that may be available. The Principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required. D. Disciplinary Measures Any student who engages in sexual harassment of anyone at school or at a schoolsponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4 through 12, disciplinary action may include suspension and/or expulsion, provided that in imposing such discipline the entire circumstances of the incidents(s) shall be taken into account. E. Record-Keeping The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address and prevent repetitive harassing behavior in its schools. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964) Page 2 of 3

3 5475 F. Informing Students, Employees and Parents This policy shall be displayed in a prominent location in the main administrative building of each school site. This policy shall be provided as a part of any orientation program for new students at the beginning of a school term. This policy shall be provided for each faculty member, administrative staff member, and support staff member at the beginning of the first term of the school year, or upon initial employment. This policy shall appear in any publication of the district or school setting forth comprehensive rules or standards of conduct. Legal References: Education Codes 212.5, 231.5, , 48904, 48980, 5 CCR 4964 Revised: June 3, 2003 (8/19/97; Adopted: 7/6/93) Page 3 of 3

4 STUDENTS CORONA-NORCO UNIFIED SCHOOL DISTRICT AR 5475 STUDENT RECORDS/RIGHTS RESOLUTION OF STUDENT GRIEVANCES PROHIBITION OF SEXUAL HARASSMENT A. Reporting of Sexual Harassment Reports of sexual harassment should ordinarily be made to administrators of the school (principal, assistant principal). Administrators must complete approved District forms for this purpose. The District recognizes that, due to the nature of sexual harassment, students may instead choose to make such a report to another trusted adult such as a counselor, nurse, or teacher. Employees who receive such reports shall take appropriate action to ensure that students are not subjected to sexual harassment. All incidents of sexual harassment shall be reported to the principal, or the principal's supervisor, by the employee. B. Complaint of Sexual Harassment of Student by District Employee A complaint of sexual harassment of a student by a District employee must also include a report of such allegations to the Superintendent /designee for appropriate investigation and action. When the complaint constitutes an allegation of child abuse or the Principal/ designee taking the complaint suspects that child abuse may have occurred, a report must be filed with the appropriate law enforcement /child protective agency, as well. Allegations of sexual harassment of a student by an employee may not be dropped or dismissed, nor shall the investigation of such allegations be concluded, without the approval of the Deputy Superintendent of Human Resources or designee. C. Investigation of Sexual Harassment of Student by Another Student Ordinarily, sexual harassment of a student by another student may be investigated and resolved at the school site by school site staff with assistance from central office staff. A complaint of sexual harassment of a student by another student must result in a report of the allegations to the Superintendent's designee, and include a summary of the investigation and action. Allegations of sexual harassment of a student by a student may not be dropped, dismissed, nor concluded without the approval of the Superintendent's designee, the Administrative Director of Pupil Services. Page 1 of 2

5 AR 5475 D. Disciplinary Action Employees are reminded that employee conduct which constitutes sexual harassment will not only subject the employee to disciplinary action up to and including dismissal, but may also subject the employee to civil and criminal liability. The employee may be personally responsible for the costs of defending such actions and for personally paying any judgments rendered. E. Disciplinary Action for Students Students in grades 4-12 who have been found to have sexually harassed other student(s) shall be subject to disciplinary consequences outlined in Board Policy 5211 and 5222, including, but not limited to: 1. Disciplinary conferencing with the student and/or parent, 2. Suspension and referral for counseling, 3. Recommendation for expulsion for repeated violations. F. Confidentiality Requirement All district staff involved in the receipt of, or investigation of, allegations of sexual harassment shall hold such information in confidence to ensure the privacy of the individuals concerned. G. Civil Law Remedies Nothing in this Policy and Administrative Regulation precludes a complainant from pursuing available civil remedies, such as mediation centers, public/private interest attorneys, injunctions, restraining orders, etc. There are numerous free and low-cost legal assistance agencies available locally such as: 1. American Civil Liberties Union 1616 Beverly Boulevard, Los Angeles, CA (213) California Children's Services P. O. Box 7600, 4065 County Circle Drive, Riverside, CA (909) Inland Counties Legal Services Grace, Indio, CA (612) Protection and Advocacy, Inc West Eighth Street, Suite 211, Los Angeles, CA (800) ; (213) Legal References: Education Codes 212.5, 212.6, 48900, , , , 48903, , 48915, , 48918, Revised: June 3, 2003 (8/19/97; Adopted: 7/6/93) Page 2 of 2 RETURN TO TABLE OF CONTENTS

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