Student Information about Sexual Harassment
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Greg Bailey, Director of Student Support Services - (510) 657-2350 - gbailey@fremont.k12.ca.us
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Remember: if you feel you are the target of sexual harassment it is not your fault.
From the Parent-Student Handbook under PROTECTION AND SAFEGUARDS:
Sexual Harassment
Sexual harassment constitutes a violation of the California Education Code, Section 212.6 and 48900.2, as well as Federal law, Section 703 of Title VII. Sexual harassment is defined as unwelcome advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting (all students, preschool to adults). The conduct must be considered by a person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment.
The District believes all persons, regardless of their gender, shall be free from discrimination of any kind, including sexual harassment. Any such violation may constitute just cause for disciplinary action against any person committing such an offense. The Board of Education shall not tolerate the sexual harassment of any student by any other student or by any District employee. (Student: BP/AR 5114.10 Employee: BP/AR 4119)
Sexual harassment is defined as 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 educational setting (all students, preschool to adults). The conduct must be considered by a person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment.
In general, the following conduct is considered sexual harassment:
- Sexual assault;
- Physical abuse (unnecessary touching, pinching, or cornering);
- Verbal abuse (propositions, lewd comments, or sexual insults):
- Visual abuse (leering [a look showing salaciousness--lecherous, lustful, obscene, pornographic intent]), or display of pornographic material designed to embarrass or intimidate; or
- Subtle or overt pressure for sexual favors accompanied by an implied or overt threat.
Information to Students
A copy of the District’s written policy in the Parent-Student Handbook on sexual harassment, as it pertains to students, shall be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session. Procedures identifying the process for filing a sexual harassment complaint are available at school sites.
Confidentiality
It is essential that the principal ensure confidentiality throughout the investigation of allegations of sexual harassment. The actual facts of the complaint and the sensitive nature of specific allegations may require special efforts to maintain confidentiality. The principal shall inform all parties of a sexual harassment investigation, including witnesses, not to discuss the matter with others and to refrain from any contact including personal, electronic, telephone or written contact regarding this issue.
MORE INFO and Athletics - Title IX SB1349 Report - Discrimination on the basis of sex.
