Sexual Harassment

  • Sexual Harassment EC 200, 212.5, 212.6, 230 and 48900

    Sexual Harassment is not tolerated in the programs operated by the Fontana Unified School District. A written policy regarding sexual harassment is available at your child’s school and is a part of any orientation for new students and is posted and distributed to all employees. Education Code limits disciplinary sanctions for sexual harassment as to students in grades K-3, but does not exclude students enrolled in grades K-3 from the protection of the District’s sexual harassment policy and complaint procedures.

    To report any violations of the above policy, please contact:

    Title IX: For student and employee violations contact the Director of Certificated Personnel, (909) 357-7600, ext. 29045
    Civil Right: For student violations contact the Associate Superintendent of Teaching and Learning, (909) 357-7600, ext. 29194
    Civil Right: For employee violations contact the Associate Superintendent of Human Resources, (909) 357-7600, ext. 29046

    The responsibilities include:

    1. Coordination and oversight of all sexual harassment complaints to ensure consistent district-wide practices and standards in addressing sexual harassment complaints, and
    2. Monitoring District actions in response to allegations of sexual harassment including maintaining a confidential record keeping system of allegations of sexual harassment made by students and employees.

    Board Policy 5145.7

    The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits sexual harassment of students at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against any person who files a complaint, testifies, or otherwise participates in district complaint processes.

    (cf. 0410 - Nondiscrimination in District Programs and Activities)
    (cf. 1312.3 - Uniform Complaint Procedures)
    (cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
    (cf. 5131 - Conduct)
    (cf. 5131.2 - Bullying)
    (cf. 5137 - Positive School Climate)
    (cf. 5145.3 - Nondiscrimination/Harassment)
    (cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

    Instruction/Information

    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 sex and could involve sexual violence
    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 district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made
    5. Information about the rights of students and parents/guardians to file a criminal complaint, as applicable

    Complaint Process

    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 (e.g., by a visiting athlete or coach) shall immediately contact his/her teacher or any other employee. An employee who receives such a complaint shall report it in accordance with administrative regulation.

    (cf. 1312.1 - Complaints Concerning District Employees)
    (cf. 5141.4 - Child Abuse Prevention and Reporting)

    The Superintendent or designee shall ensure that any complaints regarding sexual harassment are immediately investigated in accordance with administrative regulation. When the Superintendent or designee has determined that harassment has occurred, he/she shall take prompt, appropriate action to end the harassment and to address its effects on the victim.

    Disciplinary Actions

    Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4-12, 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.

    (cf. 5144.1 - Suspension and Expulsion/Due Process)
    (cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

    Confidentiality and Record-Keeping

    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. (5 CCR 4964)

    (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
    (cf. 5125 - Student Records)

    The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in the schools.