• 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:

    1. When submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, work status, or progress.
    2. When submission to, or rejection of, the conduct by the individual is used as the basis of work decisions affecting the individual.
    3. 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.
    4. 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:

    1. 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.
    2. Physical Harassment - Unnecessary or offensive touching, or impeding or blocking movement.
    3. 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.
    4. Sexual Favors - Unwelcome sexual advances, requests for sexual favors, unwelcome sexual flirtations or propositions.


    RETALIATION
     
    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. 

     

    DISCIPLINARY ACTION

    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. 

     

    NON-DISCRIMINATION
    (42 U.S.C. Sections 2000 et seq., 6707) (20 U.S.C. Sections 1681 et. seq.)

    The Visalia Unified 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 Assistant Superintendent of Human Resources at 5000 W. Cypress Ave., Visalia, CA. 93277 or (559) 730-7300.

     

    Information and Resources

    The Superintendent or designee shall post on the district's website, in a prominent location and in a manner that is easily accessible to students and parents/guardians, information on bullying and harassment prevention which includes the following: (Education Code 234.6)

    1. The district's policy on student suicide prevention, including a reference to the policy's age appropriateness for students in grades K-6  
      • cf.5141.52 - Suicide Prevention
    2. The definition of sex discrimination and harassment as described in Education Code 230, including the rights set forth in Education Code 221.8
    3. Title IX information included on the district's website pursuant to Education Code 221.31, and a link to the Title IX information included on CDE's website pursuant to Education Code 221.6
    4. District policies on student sexual harassment, prevention and response to hate violence, discrimination, harassment, intimidation, bullying, and cyberbullying
      • cf. 5145.3 - Nondiscrimination/Harassment
      • cf. 5145.7 - Sexual Harassment
      • cf. 5145.9 - Hate Motivated Behavior
    5. A section on social media bullying that includes all of the references described in Education Code 234.6 as possible forums for social media.
    6. A link to statewide resources, including community-based organizations, complied by CDE pursuant to Education Code 234.5
    7. Any additional information the Superintendent or designee deems important for preventing bullying and harassment.
      • cf. 113 - District and School Web Sites