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District Policies

Viewing Policy: SP 4119.11 Sexual Harassment



SEXUAL HARASSMENT

 

The San Benito County Superintendent of Schools is committed to providing a safe work environment that is free of harassment and intimidation. The County Superintendent prohibits sexual harassment of employees. The County Superintendent also prohibits retaliatory behavior or action against Department employees or other persons who complain, testify or otherwise participate in the complaint process established pursuant to this policy and administrative regulation.

 

Sexual harassment includes, but is not limited to, harassment that is based on the gender, gender identity, gender expression, or sexual orientation of the victim.

This policy shall apply to all Department employees and to other persons on Department property or with some employment relationship with the Department, such as interns, volunteers, contractors, and job applicants.

Any Department employee who engages or participates in sexual harassment or who aids, abets, incites, compels, or coerces another to commit sexual harassment in violation of this policy is subject to disciplinary action, up to and including dismissal.

 

The County Superintendent or designee shall take all actions necessary to ensure the prevention, investigation, and correction of sexual harassment, including but not limited to:

 

  1. Providing training  to  employees  in  accordance  with  law  and  administrative regulation

 

  1. Publicizing and disseminating the Department’s sexual harassment policy to staff

 

  1. Ensuring prompt, thorough, and fair investigation of complaints

 

  1. Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments

 

The County Superintendent or designee shall periodically evaluate the effectiveness of the Department’s strategies to prevent and address harassment. Such evaluation may involve conducting regular anonymous employee surveys to assess whether harassment is occurring or is perceived to be tolerated, partnering with researchers or other agencies with the needed expertise to evaluate the Department’s prevention strategies, and using any other effective tool for receiving feedback on systems and/or processes.

 

SEXUAL HARASSMENT (continued)

Sexual Harassment Reports and Complaints

All complaints and allegations of sexual harassment shall be kept confidential to the extent necessary to carry out the investigation or to take other subsequent necessary actions. (5 CCR 4964)

 

Any Department employee or job applicant who feels that he/she has been sexually harassed or who has knowledge of any incident of sexual harassment by or against another employee, a job applicant or a student, shall immediately report the incident to his/her supervisor, the Program Administrator, Department administrator or County Superintendent.

 

A supervisor, Program Administrator or other Department administrator who receives a harassment complaint shall promptly notify the County Superintendent or designee.

 

Complaints of sexual harassment shall be filed in accordance with accompanying administrative regulation. An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint.

 

Legal Reference:

EDUCATION CODE: 200-262.4 Prohibition of discrimination on the basis of sex

GOVERNMENT CODE: 12900-12996 Fair Employment and Housing Act, especially: 12940  Prohibited discrimination; 12950 Sexual harassment; distribution of information; 12950.1 Sexual harassment training LABOR CODE; 1101 Political activities of employees; 1102.1  Discrimination:  sexual orientation

CODE OF REGULATIONS, TITLE 2: 11009 Employment discrimination; 11021 Retaliation; 11023 Harassment and discrimination prevention and correction; 11024 Sexual harassment training and education; 11034 Terms, conditions, and privileges of employment

CODE OF REGULATIONS, TITLE 5: 4900-4965:Nondiscrimination in elementary and secondary education programs receiving state financial assistance

UNITED STATES CODE, TITLE 20: 1681-1688 Title IX prohibition against discrimination

UNITED STATES CODE, TITLE 42: 2000d-2000d-7  Title VI, Civil Rights Act of 1964; 2000e-2000e-17  Title VII, Civil Rights Act of 1964, as amended 2000h-2-2000h-6  Title IX, 1972 Education Act Amendments

CODE OF FEDERAL REGULATIONS, TITLE 34: 106.1-106.9 Nondiscrimination on the basis of sex in education programs or activities; 106.51-106.61 Nondiscrimination on the basis of sex in employment in education program or activities

COURT DECISIONS: Department of Health Services v. Superior Court of California, (2003) 31 Cal.4th 1026;

Faragher v. City of Boca Raton, (1998) 118 S.Ct. 2275;Burlington Industries v. Ellreth, (1998) 118 S.Ct. 2257;

Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989;Oncale v. Sundowner Offshore Serv. Inc., (1998) 118 S.Ct. 998;Meritor Savings Bank, FSB v. Vinson et al., (1986) 447 U.S. 57;

 

Management Resources:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS

Promising Practices for Preventing Harassment, November 2017

WEB SITES

California Department of Fair Employment and Housing: http://www.dfeh.ca.gov Equal Employment Opportunity Commission: http://www.eeoc.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr/index.html

 

 

Policy Approved: 10-11-18

Policy Revised: 12-12-18