Sexual Harassment Prevention Information

Roseville Joint Union High School District

August 2022

What Is Sexual Harassment?

Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, sexual violence, sexual assult or 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, under any of the following conditions: (Education Code 212.5; 5 CCR 4916)

• Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
• Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
• The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.

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Examples of Sexual Harassment

• Unwelcome leering, sexual flirtations, or propositions
• Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions
• Graphic verbal comments about an individual's body or overly personal conversation
• Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature
• Spreading sexual rumors
• Teasing or sexual remarks about students enrolled in a predominantly single-sex class
• Massaging, grabbing, fondling, stroking, or brushing the body
• Touching an individual's body or clothes in a sexual way
• Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex
• Displaying sexually suggestive objects AR 5145.7(b)
• Sexual assault, sexual battery, or sexual coercion
• Electronic communications containing words, comments, or images describes above

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What To Do If You Feel You Have Expereinced or Seen Sexual Harassment?

• Sexual Harrassment in all of it’s forms is NOT appropriate and will not be tolerated….no student needs to endure sexual harassment.
• If you feel you have been a victim of sexual harassment, report it immediately to a school staff member immediately.
• If you feel you have seen or witnessed a form of sexual harassment, report it immediately to a trusted staff member….even if the victim does not report the incident.
• You can also report an incident of sexual harassment to the district Title IX Coordinator:
• Rob Hasty
• Executive Director of Human Resources
• rhasty@rjuhsd.us

Student Safety:

• Student safety is the primary concern of the RJUHSD.
• All reports of sexual harassment will be throughly and completly investigated regardless of the circumstances surrounding the incident.
• Any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved.
• Regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, will be investigated and action will be taken to respond to harassment, prevent recurrence, and address any continuing effect on students.

Filing A Sexual Harassment Complaint

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is also the alleged victim), in person, by mail, by telephone or by e-mail, using the contact information listed for the District’s Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such reports may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinator.

Complaint Process:

Student complaints alleging a Title IX violation should be submitted in written form no later than six months from the date of the alleged incident, or six months from the date the complainant first obtained knowledge of the facts of the alleged incident. If the complainant is unable to prepare the complaint in writing, administrative staff shall help the complainant to do so. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint. To qualify as a Title IX complaint, the complainant/victim must also be participating in or attempting to participate in the recipient’s education program or activity.

Complaint Process Continued:

The District will process all formal complaints in accordance with Title IX and District Board Policy (“BP”) and Administrative Regulation (“AR”), BP/AR 5145.7 – Sexual Harassment, and AR 5145.71 - Title IX Sexual Harassment Complaint Procedures, which includes the option of informal resolution for certain matters. Under Title IX, a formal complaint means a document filed by a victim, or signed by the Title IX Coordinator, that alleges sexual harassment against a respondent and requests that the school district investigate the allegation of sexual harassment. Complaints that do not rise to the level of a Title IX complaint will be processed in accordance with BP/AR 1312.3 – Uniform Complaint Procedures, or in a manner that is otherwise deemed appropriate.

Complaint Process Continued:

All investigations will be conducted as confidentially as possible. Upon receipt of any formal complaint, the District will provide all known parties with adequate notice of the District’s complaint process and the underlying allegations. During the course of the investigation, the District will provide the complainant and respondent (or “the parties”) with an equal opportunity present witnesses and evidence. The District will not restrict the ability of the parties to discuss the allegations under investigation, and it will allow parties to utilize an advisor of their choice.

Complaint Process Continued:

Additionally, any complainant who is dissatisfied with the District’s determination may file an appeal in writing with the California Department of Education within 30 calendar days of receiving the District’s final written decision. Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances. Additional details about procedures for filing a Title IX complaint may be found in AR 5145.71 – Title IX Sexual Harassment Complaint Procedures

Civil/Criminal Complaints & Supportive Measures

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• All RJUHSD students and parents/guardians have the right to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues.

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• When needed, the district will implement supportive measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation