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Lakeside Union SD (Lakeside) |  E  5145.7  Students

Sexual Harassment   

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Lakeside Union School District and the Governing Board are committed to maintaining an educational environment that is free from harassment. Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both federal and state laws. 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 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 (BP 5145.7). Sexual harassment is defined in Education Code to mean unwelcome sexual advances; requests for sexual favors; or verbal, visual, or physical conduct of a sexual nature, made by someone from or in the educational setting. The Superintendent or designee shall ensure that all district students receive age-appropriate 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

The Board believes that concerned stakeholders should always attempt to resolve their concerns at the level where the concern first started - rather than with the formal filing of a complaint with the person (as defined in this policy).

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 gender, in the educational setting, when:

* 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

Unwelcome Conduct: Types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to:

* Unwelcome leering, sexual flirtations or propositions

* Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

* Graphic verbal comments about an individual's body, or overly personal conversation

* Sexual jokes, notes, stories, drawings, pictures or gestures

* Spreading sexual rumors

* Teasing or sexual remarks about students enrolled in a predominantly single-gender class

* Massaging, grabbing, fondling, stroking or brushing the body

General Information Regarding Reports and/or Complaints of Sexual Harassment

Confidentiality: 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.

Disciplinary Action: Anyone who engages in sexual harassment of anyone at school or at a school-sponsored or school- related activity is in violation of this policy and shall be subject to disciplinary and/or legal 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 incident(s) shall be taken into account.

Retaliation: The Board 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.

Filing a Report of Information Complaint of Discrimination, Harassment, Intimidation, or Bullying Based on Sex

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.

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 nondiscrimination 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, including counseling services. The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required.

At any time during the process, students, parents, or guardians may contact the Title IX Coordinator to report or file an informal complaint directly with the district at:

Title IX Coordinator

Stacy Coble

Director, Human Resources

Lakeside Union School District

scoble@lsusd.net

12335 Woodside Avenue

Lakeside, CA 92040

(619) 390-2600

Filing a Formal or Uniform Complaint

Pursuant to BP 1312.3, the Board recognizes that the district is primarily responsible for complying with applicable state and federal laws and regulations governing educational programs. The district shall investigate complaints alleging failure to comply with such laws and/or alleging discrimination and shall seek to resolve those complaints in accordance with the district's uniform complaint procedures.

The Uniform Complaint may be mailed or filed at:

Human Resources Department

Lakeside Union School District

12335 Woodside Avenue

Lakeside, CA 90240

Exhibit LAKESIDE UNION SCHOOL DISTRICT

version: October 10, 2019 Lakeside, California