Sexual Harassment

MJUSD
DIVISION 4000
ALL PERSONNEL

SEXUAL HARASSMENT

The Governing Board desires to provide District employees with a working environment that is free from harassment. In order to achieve this end, the Board prohibits sexual harassment of District employees by anyone, in any manner, and shall not tolerate retaliatory action or behavior against a District employee or other person who complains, testifies or otherwise participates in the complaint process pursuant to the Board policy and administrative regulations.

For the purposes of this policy, District employees shall include applicants for employment in the District.

Any District employee who permits, engages in or participates in sexual harassment of another District employee or student shall be in violation of this policy and is subject to disciplinary action, up to and including dismissal.

A supervisor, principal or District administrator other than the Superintendent or designee who receives a harassment complaint shall promptly notify the Superintendent or designee.

Any District employee who feels that he/she has been sexually harassed or who has knowledge of any instance of sexual harassment by another employee or student, shall immediately contact his/her supervisor, principal, Superintendent or designee, or other District administrator, to obtain procedures for reporting a complaint. However, an employee may bypass his/her supervisor in registering a complaint where the supervisor is the alleged perpetrator of the sexual harassment. Employee complaints of sexual harassment shall be filed in accordance with Board Policy and Administrative Regulations - Complaints Concerning Discrimination in Employment.

The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation and correction of sexual harassment, including, but not limited to:

  1. Providing periodic training to all staff regarding the District's sexual harassment policy, particularly the procedures for registering complaints and employees' duties in availing themselves of the complaint procedure in order to avoid harm.
  2. Publicizing and disseminating the District's sexual harassment policy to staff.
  3. Ensuring prompt, thorough and fair investigation of complaints in a way that respects the privacy of all parties concerned, to the extent necessary.
  4. Taking timely and appropriate corrective/remedial actions after completion of investigation. This may require subsequent monitoring of developments.

Legal Reference:

Education Code
200-262.4 Prohibition of discrimination on the basis of sex, especially:

Government Code
12900-12996 Fair Employment and Housing Act

Labor Code
1101 Political activities of employees
1102.1 Discrimination: sexual orientation

United States Code, Title 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2000h-6 Title IX, 1972 Education Act Amendments

Code of Federal Regulations, Title 34
106.9 Dissemination of policy

First Reading: 12/5/00

Website by SchoolMessenger Presence. © 2022 Intrado Corporation. All rights reserved.