Sexual Harassment Policy
San José Unified is committed to maintaining a learning and working environment that is free from harassment and discrimination.
The Board prohibits sexual harassment of any student by another student, an employee or other person, at school or at a school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against any person who complains, testifies, assists or otherwise participates in the complaint process established in accordance with this policy.
Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, and other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, when made on the basis of sex (Education Code 212.5; 5 CCR 4916). Board Policy 4119.11 - Sexual Harassment - Personnel
Board Policy 4219.11 - Sexual Harassment - Employees
Board Policy 4319.11 - Sexual Harassment - Employees
Board Policy 5145.3 - Nondiscrimination/Harassment - Students
Board Policy 5145.7 - Sexual Harassment - Students
Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures
Any student who feels that he/she is being or has been subjected to sexual harassment on school grounds or at a school-sponsored or school-related activity (e.g., by a visiting athlete or coach) shall immediately contact a school employee. A school employee to whom a complaint is made shall, within 24 hours of his/her getting the complaint, report it to the principal.
Any school employee who observes any incident of sexual harassment on any student shall similarly report his/her observation to the principal, whether or not the victim makes a complaint. If the alleged harasser is the principal, the employee may report the complaint or his/her observation of the incident to the Superintendent or designee who shall investigate the complaint.
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.
In addition, the student may file a formal complaint with the Superintendent or designee in accordance with the district’s uniform complaint procedures. Information gathered in the course of investigating a sexual harassment complaint shall be kept confidential to the extent possible.