Student Sexual Harassment Policy
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 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 the district's compliance officer immediately.
Any person with a disability or who is unable to prepare a written complaint can receive assistance from the site-administrator/designee or by calling the Department of Human Resources at (530) 872-6400.
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (Education Code 212.5; 5 CCR 4916)
- Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
- Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
- The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.
- Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.
Reporting Process and Complaint Investigation and Resolution
Any student who believes that he/she has been subjected to sexual harassment or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, the principal, or any other available school employee. Within one school day of receiving such a report, the school employee shall forward the report to the principal or the district's compliance officer identified in AR 1312.3. In addition, any school employee who observes an incident of sexual harassment involving a student shall, within one school day, report his/her observation to the principal or a district compliance officer. The employee shall take these actions, whether or not the alleged victim files a complaint.
In any case of sexual harassment involving the principal, compliance officer, or any other person to whom the incident would ordinarily be reported or filed, the report may instead be submitted the Superintendent or designee.
Response Pending Investigation
When an incident of sexual harassment is reported, the principal or designee, in consultation with the compliance officer, shall determine whether interim measures are necessary pending the results of the investigation. The principal/designee or compliance officer shall take immediate measures necessary to stop the harassment and protect students and/or ensure their access to the educational program. Such measures may include placing the individuals involved in separate classes or transferring a student to a class taught by a different teacher, in accordance with law and Board policy. The school should notify the individual who was harassed of his/her options to avoid contact with the alleged harasser and allow the complainant to change academic and extracurricular arrangements as appropriate. The school should also ensure that the complainant is aware of the resources and assistance, such as counseling, that are available to him/her. As appropriate, such actions shall be considered even when a student chooses to not file a formal complaint or the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.
Parent and Student Processes References
The administrative regulation and board policy 5145.7 Sexual Harassment Students detail the types of complaints under this policy and the procedures to report sexual harassment, including policy on confidentiality. The administrative regulation 1312.3 will provide detailed steps to filing a written complaint. It is a PUSD regulatory document to help you with the necessary documentation to submit your complaint (see Attachments below). The board's policy 1312.3 is the district's assurance to you of its responsibilities in accordance with district's policy and other state and federal regulations (see Attachments below). The entire Uniform Complaint Procedures is also attached, including the UCP Annual Policy (see Attachments below).