Select Page

District Policies

Viewing Policy: BP 5145.7 – Sexual Harassment



 

Board Policy 5145.7: Sexual Harassment

Original Adopted Date: 06/03/1997| Last Revised Date:10/12/2017 |  6/10/2021

Status: ADOPTED

 

The San Benito County Board of Education (Board) is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. 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 San Benito County Office of Education (SBCOE) strongly encourages students who feel that they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who have experienced off-campus sexual harassment that has a continuing effect on campus, to immediately contact their teacher, the principal, the SBCOE’s Title IX Coordinator, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the Title IX Coordinator.

Once notified, the Title IX Coordinator shall ensure the complaint or allegation is addressed through AR 5145.71 Title IX Sexual Harassment Complaint Procedures or BP/AR 1312.3 – Uniform Complaint Procedures, as applicable.  Because a complaint or allegation that is dismissed or denied under the Title IX complaint procedure may still be subject to consideration under state law, the Title IX Coordinator shall ensure that any implementation of AR 5145.71 concurrently meets the requirements of BP/AR 1312.3.

The Title IX Coordinator shall offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances.

The Superintendent or designee shall inform students and parents/guardians of the SBCOE’s sexual harassment policy by disseminating it through parent/guardian notifications, publishing it on the SBCOE’s web site, and including it in student and staff handbooks.  All SBCOE staff shall be trained regarding the policy.

Instruction/Information

The Superintendent or designee shall ensure that all SBCOE students receive age-appropriate 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 sex and could involve sexual violence

 

  1. 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 when the alleged victim of the harassment has not complained
  2. A clear message that student safety is the SBCOE’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

 

  1. 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 action shall be taken to respond to harassment, prevent recurrence, and address any continuing effect on students

 

  1. Information about the SBCOE’s procedures for investigating complaints and the person(s) to whom a report of sexual harassment should be made

 

  1. 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 SBCOE investigation of a sexual harassment complaint continues

 

  1. A clear message that, when needed, the SBCOE will implement supportive 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

Disciplinary Actions

Upon completion of an 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.

Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.

Record-Keeping

In accordance with law and SBCOE policies and regulations, the Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the SBCOE to monitor, address, and prevent repetitive harassing behavior in SBCOE schools.