A Reference Guide of the Bakersfield City School District

Conduct and DisciplineBoard policy entitled “Sexual Harassment Of Or By Students” is reproduced below. Additional information isavailable from the Student Services department or the school principal.Education Codes 200-240, 212.5; 212.6, 48900.2, 48915Franklin vs. Gwinnet County Schools (1992) 112 S. Ct. 1028Accardi vs. Superior Court of the State of California (1993) 17 Cal.App. 4th 341SEXUAL HARASSMENT OF OR BY STUDENTSPolicy of the Board of Education #601.6The Governing Board is committed to maintaining an educational environment that is free of harassment. The Boardprohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsoredor school-related activities. The Board also prohibits retaliatory behavior or action against persons who complain,testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrativeregulation. Students must (a) demonstrate respect for each other, (b) refrain from coercion or force to obtaincompliance from others, and (c) not discriminate on the basis of gender.The Superintendent or designee intends for all district students to receive age-appropriate instruction and informationon sexual harassment. Such instruction and information shall include:1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occurbetween people of the same gender.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 hasnot complained.4. Information about the person(s) to whom a report of sexual harassment should be made.(cf Board Policy 300.27-Nondiscrimination)District staff shall actively discourage sexual harassment by (a) helping students discriminate between appropriate andinappropriate behavior, (b) establishing procedures for the reporting of sexual harassment complaints, (c) conductingprompt investigations of complaints involving sexual harassment, (d) dispensing appropriate disciplinary action forsexual harassment violations, and (e) disseminating to students, staff, and parents the district’s policy and proceduresregarding sexual harassment.Complaint ProcessAny student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact his/herteacher or any other employee. A school employee to whom a complaint is made shall, within 24 hours of receivingthe complaint, shall report it to the principal or designee.Any school employee who observes any incident of sexual harassment involving a student shall report this observationto the principal or designee, whether or not the victim files a complaint.In any case of sexual harassment involving the principal or any other district employee to whom the complaint wouldordinarily by made, the employee who receives the student’s report or who observes the incident shall report to thenondiscrimination coordinator or the Superintendent or designee.(cf. Board Policy 500.38—Sexual Harassment)(cf. Board Policy 603.7—Child Abuse and Neglect Reporting Procedures)(cf. Board Policy 300.27—Nondiscrimination)The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate thecomplaint in accordance with administrative regulation. Where the principal or designee finds that sexual harassmentoccurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim. Theprincipal or designee shall also advise the victim of any other remedies that may be available. The principal ordesignee shall make a report available upon request of the Superintendent or designee and refer the matter to lawenforcement authorities, where required.(cf. Board Policy 300.13—Complaints Concerning District Employees)50