STAFF SEXUAL HARASSMENT - Title IX
(Prohibited by Law and by Visalia Unified School District’s Board Policy 4119.11, 4219.11, 4319.11)
WHAT IS 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 someone from, or in, the work or educational setting under any of the following conditions:
- When submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, work status, or progress.
- When submission to, or rejection of, the conduct by the individual is used as the basis of work decisions affecting the individual.
- When the conduct has the purpose or effect of having a negative impact upon the individual's work performance, or of creating an intimidating, hostile, or offensive educational environment.
- When submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, promotions or activities available at, or through, the work place.
EXAMPLES OF SEXUAL HARASSMENT
Sexual harassment may occur as a pattern of degrading sexual speech or action ranging from verbal or physical annoyances or distractions to deliberate intimidations and frank threats or sexual demands. Such conduct may constitute sexual harassment.
Forms of sexual harassment include, but are not limited to the following:
- Verbal Harassment - Derogatory comments, jokes, or slurs; graphic verbal abuse of a sexual nature; comments about an individual's body/dress, sexual preferences, or sexual conduct; sexually degrading words used to demean, label, or describe an individual; or, spreading sexual rumors.
- Physical Harassment - Unnecessary or offensive touching, or impeding or blocking movement.
- Visual Harassment - Derogatory or offensive posters, cards, cartoons, graffiti, drawings, or gestures; suggestive or obscene letters, notes or invitations; the display in the educational environment of sexually suggestive objects or pictures.
- Sexual Favors - Unwelcome sexual advances, requests for sexual favors, unwelcome sexual flirtations or propositions.
The District prohibits retaliatory behavior or action against district employees or other persons who complain, testify, or otherwise participate in the complaint process established pursuant to this policy and accompanying administrative regulation.
Upon investigation of a sexual harassment complaint, any district employee found to have engaged in sexual harassment or sexual violence toward any student shall have his/her employment terminated in accordance with law and the applicable collective bargaining agreement.
Upon investigation of sexual harassment complaint, any district employee found to have engaged or participated in sexual harassment or to have aided, abetted, incited, compelled, or coerced another to commit sexual harassment in violation of this policy is subject to disciplinary action, up to and including dismissal, in accordance with law and all the applicable collective bargaining agreement.
(42 U.S.C. Sections 2000 et seq., 6707) (20 U.S.C. Sections 1681 et. seq.)
The Lemoore Union High School District has a policy that all programs and activities shall be free from discrimination or harassment with respect to ethnic group, religion, gender, color, race, national origin and physical or mental ability, including eligibility under Section 504 of the Americans with Disability Act (ADA) and Section 504 of The Rehabilitation Act of 1973.
Any individual who believes that his or her rights are being violated or that he or she is being discriminated against, should immediately contact the principal or designee. If the situation is not promptly remedied at the site level, a complaint can be filed in accordance with administrative regulations by contacting the Director of Human Resources at 5 Powell Ave., Lemoore, CA. 93245 or (559) 924-6610 ext 1144.