Sexual Harrassment
It shall be the policy of the Moraga School District that sexual harassment is deemed unacceptable conduct and will not be tolerated. This policy shall include anyone engaging in a school sponsored activity or engaged in an activity on school grounds.
All individuals are entitled to a work and academic environment free from all forms of discrimination, including sexual harassment. Sexual harassment is a form of personal misconduct that undermines the integrity of employment and academic relationships. No individual, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal, physical or visual.
Sexual harassment does not refer to occasional compliment of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with work or academic effectiveness.
Complaints and Resolutions -- Students
Step One: Students who feel aggrieved because of conduct that may constitute sexual harassment should, if the offender is a student, directly inform the person engaging in such conduct that such conduct is offensive and must stop. If the student does not feel comfortable doing this or is unable to do so, or if the other individual involved is an adult, he or she should proceed directly to Step Two below. A parent may register a complaint on behalf of his/her child.
Step Two: If the offensive behavior does not stop, students alleging sexual harassment shall make their concerns known to a school counselor, assistant principal, or the principal, or other certificated employee.
If a report is made to someone other than a principal, assistant principal, or counselor, the report will be immediately presented to one of them.
The school counselor, assistant principal, or principal shall consult the Superintendent and notify parents about the complaint and the results of the investigation prior to taking any corrective action.
The Superintendent
If the complaint is not resolved at Step Two above, it shall be so stated in writing within ten (10) school days of the decision rendered at Step Two, signed by the complainant and submitted to the Superintendent as part of this procedure.
The Superintendent shall hear the complaint within ten (10) school days after receipt of any written complaint properly filed with the Superintendent's office and shall render a decision in writing within ten (10) school days after such hearing. The decision shall contain the findings and disposition of the complaint, including corrective action, if any, the rationale for such disposition, notice of complainant's right to appeal the decision, and procedure to be followed for initiating an appeal to the State Department of Education.
Both complainant and the accused shall be afforded a full and fair opportunity to present evidence relevant to the facts and to the issues raised by the complainant and may be represented at the hearing.
State Department of Education
A complainant who is dissatisfied with the decision of the Superintendent may appeal her/his decision to the State Department of Education within fifteen (15) school days of the decision.
The school counselor, assistant principal, or principal shall inform the Superintendent and then shall investigate the complaint, Where investigation confirms the allegation, prompt corrective action will be taken.
Copies of the complete Board Policy 083 are available at the school offices.
