SEXUAL HARASSMENT POLICY

The Las Virgenes Unified School District pledges its best efforts to ensure that no employee, job applicant or student is subjected to sexual harassment or discrimination in the work or educational setting.

Purpose:

The purpose of this policy is to establish a strong commitment to prohibit harassment in the work or educational setting, to define sexual harassment and to set forth a procedure for investigating and resolving internal complaints of harassment.

Policy:

Sexual harassment of an applicant, employee or student by an administrator, supervisor, or other employee or student will not be tolerated.  This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, discipline, layoff, recall, transfer, leave of absence, compensation and training.  This policy also applies to actions which affect a student’s academic status or progress. Any employee, who engages in sexual harassment, as more fully defined below, shall be subject to disciplinary action up to and including termination.

Any student, who engages in sexual harassment, as more fully defined below, shall be subject to disciplinary action up to and including expulsion.

Any retaliation against a person for filing a harassment charge or making a harassment complaint is prohibited.  Employees found to be retaliating against another employee or student shall be subject to disciplinary action up to and including termination.  Students engaged in retaliation shall also be subject to discipline (up to and including expulsion).

Definition Of Sexual Harassment:  

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by any person from or in the work or educational setting under any of the following conditions:

• Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
• Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
• 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.
• Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding the benefits and services, honors, programs, or activities available at or through the District.

Sexual harassment is prohibited against members of the same sex as well as against members of the opposite sex.

Examples of Prohibited Conduct Which May Constitute Sexual Harassment (non-inclusive list):

• Making unwanted sexual advances toward other employees or students;
• Making  or threatening reprisals after a negative response to a sexual advance;
• Offering any kind of employment or academic benefit in exchange for sexual favors;
• Visual Conduct - leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, posters or graffiti; sending/displaying suggestive or  obscene letters, notes or invitations;
• Verbal Conduct - making derogatory comments, epithets, slurs, jokes, unwanted verbal sexual propositions, verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, using sexually degrading words to describe an individual;
• Physical Conduct - assault, grabbing, pinching, touching, impeding or blocking one’s movement.

Complaint Procedure:

1. Applicants, students and employees are encouraged to assist the District in eliminating sexual harassment by promptly reporting any instance of suspected harassment.
2. All complaints of sexual harassment will be investigated by the District pursuant to Board Policy and Administrative Regulation 1312.3, Uniform Complaint Procedures, and Board Policy and Administrative Regulation 5145.7, Sexual Harassment.  See Pages 43-49.  
3. Complaints will be processed in a manner which protects the complainant and maintains individuals’ confidentiality, to the extent possible.
4. If the District determines that sexual harassment occurred, the District will take action to protect the complainant against retaliation and prevent harassment from recurring.  Remedial action will be commensurate with the severity of the offense.

Retaliation:

The District prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report.  Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

Dissemination of Policy:

1.   A copy of this policy shall be:

(a) Posted in a prominent location at the District’s Administrative Offices and at each

school and work site;

(b) Provided to all employees at the beginning of the first quarter or semester of the

school year, or to a new employee at the time that he/she is hired;

(c) Included in the notifications that are sent to parents/guardians at the beginning of

each school year;

(d) Provided as part of any orientation program conducted for new students at the

beginning of each quarter, semester, or summer session, as applicable;

(e) Placed in any publication of the District that sets forth the comprehensive rules,

regulations, procedures, and standards of conduct for the District;

(f) Posted on the District’s website: www.lvusd.org

2. All employees shall be expected to read and understand their rights and responsibilities under this policy.

3. The Superintendent or his/her designee may take such further action to ensure understanding of, and compliance with, this policy as is appropriate, including but not limited to, providing staff training and student instruction or counseling.

Title IX

The Office for Civil Rights states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

California Education Code 221.8

 Please visit the following link for our Title IX Page - https://www.lvusd.org/Page/1951

How to File a Complaint

Pursuant to AR 1312.3, "a complaint alleging unlawful discrimination shall be filed no later than six months from the date the alleged discrimination occurred, or date the complainant first obtained knowledge of the facts of the alleged discrimination."

United States Department of Education Office for Civil Rights Complaint Form

Important Links:

LVUSD's Uniform Complaint Procedure 

California Department of Education Office of Equal Opportunity

U.S. Department of Education Office for Civil Rights