Administrative Regulation on Sexual Harassment

Administrative Regulation 5145.7

Administrative Regulation 5145.7

San Francisco Unified School District and County Office of Education

Administrative Regulation 5145.7

Sexual Harassment

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

The District designates the Title IX Coordinator as the responsible employee to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to coordinate the investigation and resolution of sexual harassment complaints outlined in this policy and in BP 5145.7. The Title IX Coordinator may be contacted at:

 

Office of Equity/Title IX Coordinator

555 Franklin Street, 3rd Floor  

Telephone:  (415) 355-7334

Fax:  (415) 355-7333

Email:  equity@sfusd.edu

 

The Title IX regulations defines sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:

  1. A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual's participation in unwelcome sexual conduct;
     
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
     
  3. "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 1229(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).
     

Applicability of Other District Policies

Incidents that do not rise to the level of sexual harassment as defined in this police may violate other District polices and will be addressed accordingly. Harassing conduct, such as conduct described above, that may not rise to the level of sexual harassment will be investigated by the school site in an accordance with the District's Bullying & Harassment policy (BP 5131.2/AR 5131.2)
 

Definitions

  • Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment, as defined below.
     
  • Respondent: An individual who has been reported to have performed conduct that could constitute sexual harassment, as defined below.
     
  • Formal Complaint: A document filed by a complainant alleging sexual harassment against a respondent and requesting that the District investigate th allegation of sexual harassment. The Title IX Coordinator may also file a formal complaint.
     
  • Sexual Harassment: The Title IX regulations define sexual harassment as conduct on the basis of sex that satisfies one of more of the following:
    • An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
    • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipients education program or activity; or
    • "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).
       
  • Sexual Assault: A sexual act directed against another person done without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes the following conduct:
    • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim.
    • Fondling: The touching of private body parts of another person for the purpose of sexual gratification, without consent of the victim.
    • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
    • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
       
  • Dating Violence: Violence committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim.
     
  • Domestic Violence: A crime of violence committed by a person who is:
    • A current or former spouse or intimate partner of the victim;
    • A person with whom the victim shares a child in common;
    • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    • A person similarly situated to a spouse of the victim under the domestic or family violence laws where the violence occurred; or
    • By any other person against an adult or youth victim who is protected from the person's acts under the domestic or family violence laws where the violence occurred.
       
  • Stalking: Engaging in a course of conduct directed at a specific person that would cause a response person to fear for the persons safety/the safety of others, or suffer substantial emotional distress
     
  • Consent: The agreement by both parties to engage in sexual conduct or activity. Consent if informed, knowing, and voluntary and can be communicated through clear words or actions. Consent cannot be obtained through the use of physical force, threats, intimidating behavior, or coercion. Consent cannot be given by someone who is known, or should have been known to be, mentally, or physically incapacitated.
     
  • Education Program or Activity: Locations, events, or circumstances over which the District has exercised substantial control over both the respondent and the context in which the sexual harassment occurred.
     
  • Supportive Measures: Non-disciplinary, non-punitive individualized services offered to the complainants or the respondent.

Formal Grievance Procedure

  • District Roles
    The following administrative roles shall compromise the team implementing the formal Title IX grievance procedure.
     
    • Investigator: The individual responsible for gathering evidence related to the allegations. The investigator will create an Investigation Report which shall summarize the relevant evidence. The Report shall be submitted to the Decision-Maker for consideration.
       
    • Decision-Maker: The individual responsible for evaluating all relevant evidence in order to make a determination regarding the formal complaint/ The Decision-Maker is responsible for issuing a written determination of findings to the parties. The Decision-Maker cannot by the Title IX Coordinator.
       
    • Title IX Appeal Officer: The individual responsible for evaluating an appeal fo the final determination of a formal complaint. The Title IX Appeal Officer may not be the investigator, decision-maker, or Title IX Coordinator.
       
  • Investigation
    Written notice of all investigative interviews or other meetings must be provided to any individual whose participation is invited or expected to be provided with sufficient time for the party to prepare to participate. Notice must include the date, time, location, participants, and purpose of the meting.

    Parties will have the opportunity to select an advisor of their choice to accompany them to any related meeting or proceedings related to the formal complaint.
     
  • Decision
    The decision-maker cannot be the same person as the Tile IX Coordinator or the investigator. The written determination must include the allegations, a description of the steps taken to investigate the incident, findings of fact supporting the determination, conclusions regarding violation of District policy and rationale for such determination, and procedures for appeal. The written determination must be provided to the parties simultaneously.
     
  • Appeal
    The Chief of Student, Family, Community Support Division, or their designee, shall fulfill the role fo the Title IX Appeal Officer. The Title IX Appeal Officer may be not the investigator, the Decision-Maker, or Title IX Coordinator. Written notice will be sent out to parties upon the filing of an appeal. Parties will have ten (10) school days to submit a written statement in support of, or challenging, the appeal. The Title IX Officer will issue a written decision describing the result of the appeal and the basis for that finding.
     
  • Prohibition Against Bias
    The Title IX Coordinator, Investigator, Decision-Maker, Title IX Appeal Officer and any individual designated to facilitate an informal resolution process may not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent.
     
  • Timeframes
    The formal grievance procedure shall be completed within ninety (90) school days after the submission of a formal complaint. Extensions to this timeframe will be allowed for good cause and written notice of such extensions will be provided to both the Complainant and the Respondent. Good cause may include, but are not limited to, the following considerations: school being out of session; absence of a party or witnesses; delay in scheduling interviews; or concurrent law enforcement or other agency activity.

 

Dismissal of a Formal Complaint

If the conduct alleged in the formal complaint would not constitute sexual harassment as defined above, did not occur in direct relationship to a District education program or activity, or did not occur against a person in the United States, then the formal complaint must be dismissed. The dismissal of a formal complaint does not preclude action under another provision of District policy. The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint, if the Respondent is no longer enrolled or employed by the District, or if circumstances prevent the District from gathering evidence sufficient to reach a determination.

Prompt written notice of the dismissal will be sent to the parties should the complaint be dismissed.

Incidents that do not rise to the level of sexual harassment as defined in this policy must still be investigated by the school site in an accordance with the District's Bullying & Harassment Policies (BP 5131.2/AR 5131.2).

 

Informal Resolution

The Executive Director of School Health, or their designee, shall serve as the Informal Resolution Facilitator. Parties will be informed of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the allegations and any consequences resulting from participating in the informal resolution process. Both parties must provide voluntary, written consent to the informal resolution process.

Written notice of the conclusion of the informal resolution process will be sent to both parties.

 

Emergency Removal

The District may remove a Respondent from the District's programs and activities on an emergency basis whether the grievance process is underway or not. The identification of an immediate risk may arise from the alleged conduct that could constitute sexual harassment, and includes the Respondent's related post-incident actions and behaviors. An emergency removal requires the District conduct an individualized safety and risk analysis to determine whether the Respondent could pose an immediate threat to the physical health or safety of any student or other individual. Applicable disability laws must be taken into consideration in the removal decision, and the risk assessment must include a consideration of the appropriateness of supportive measures in lieu of an emergency removal. The Respondent has the right to receive notice of the emergency removal and an opportunity to challenge the decision immediately.

 

Off-campus/Outside of School-Related Conduct

Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as bullying and/or harassment in violation of District policy if it has a continuing effect on or creates a hostile school environment for the complainant or victim of the conduct.

Pursuant to California Education Code 48900, et. seq., a student may be suspended or expelled for sexual harassment related to school activity or school attendance that occur at any time, including but not limited to:

  1. While on school grounds;
  2. While going to or coming from school;
  3. During the lunch period whether on or off the campus; and
  4. During, or while going to or coming from, a school sponsored activity.

While discipline is not permitted for conduct that is not school related, school site should nonetheless provide supportive measures to a student who reports an off-campus incident.

 

Supportive Measures

When an incident of sexual harassment is reported, the principal or designee, in consultation with the Title IX Coordinator, shall determine whether supportive measures are necessary pending the results of the investigation. Supportive measures are nondisciplinary, non-punitive individualized services offered to the complainant or the respondent. A formal complaint need not be filed to receive supportive measures.

Upon receiving a report of sexual harassment, the Title IX Coordinator must promptly contact the parties to discuss the availability of supportive measure. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. The principal/designee or Title IX Coordinator shall take immediate measures necessary to stop the harassment and protect students and/or ensure their access to the education program. To the extent possible, such supportive measures shall not disadvantage the complainant or victim of the alleged harassment.

Supportive interim measures may include wellness check-ins, extensions of deadlines or other course related adjustments, placing the individuals involved in separate classes or transferring a student to a class taught be a different teacher, in accordance with law and Board policy. The school should notify the Complainant of the options to avoid contact with the Respondent. The school should also ensure that the Complainant is aware the resources and assistance such as counseling, that are available to them. As appropriate, supportive measures shall be considered even when a student chooses to not file a formal complaint or when the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

 

Mandatory Reporting Requirements

District employees who have reasonable suspicion of child abuse, including sexual abuse, harassment, and assault, shall immediately report that suspicion pursuant to Penal Code 11165.7 and Board Policy 5141.4. A report shall be made regardless of the identity of the accused person, including reports in which the accused person is a District employee, student or third party.

 

Record-Keeping

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 District schools. In accordance with District policy, upon completion of the investigation, the Director of Equity will destroy all interview notes and recordings. The rest of the case file will be retained in accordance with the District policy for 73 years.

 

Data Collections and Reporting

Principals are responsible for documenting all Sexual Harassment complaints (including all informal/verbal and formal/written complaints), into the District's online referral system, BASIS, within 48 hours of each complaint. At the end of each semester, the Department of Student, Family and Community Support Department will include all data related to Sexual Harassment complaints and outcomes in its bi-yearly "Safe and Supportive Schools" report.

 

Notice of Sexual Harassment Policies and Procedures

The following information shall be posted publicly on the District website:

  1. The contact information of the Title IX Coordinator, including the title of the Title IX Coordinator, office address, e-mail address, and telephone number;
     
  2. The District's Sexual Harassment policy; and
     
  3. All materials used to train the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process will be made publicly available on the District's website.

In addition, A copy of the District's sexual harassment policy and regulation shall:

  1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year  (Education Code 48980; 5 CCR 4917);
  2. Be displayed in a prominent location in the main administrative building or other area where notices of District rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5);
  3. Posted , on District-supported social media. 
  4. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session (Education Code 231.5);
  5. Appear in any school or District publication that sets forth the school's or District's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5);
  6. Be included in the student handbook.
  7. Be provided to employees and employee organizations; and
  8. Be posted in every student bathroom or locker room on middle school and high school campuses

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.

 

Cross References

Adopted: September 29, 2015