BP4119.11
Certificated Personnel
Unlawful Harassment and Discrimination
The Governing Board of Metropolitan Education District is deeply
committed to the premise that on District campuses, full participation
in the educational process must be in an environment that is free from
unlawful harassment and is nondiscriminatory with regard to race, color,
national or ethnic origin, citizenship, age, gender, religion, sexual orientation,
physical or mental disability, medical condition, marital status, or any
other basis protected by federal, state or local law, ordinance or regulation,
or Title IX of the Education Amendments of 1972. The Board maintains a
strict policy prohibiting unlawful harassment or discrimination on the
basis of any of these protected areas.
Accordingly, the Governing Board adopts the following, which applies
to all employees and students of the District:
Policy
Unlawful harassment and discrimination in any form, including verbal,
physical and visual conduct, threats, demands and retaliation is prohibited.
Any procedure or action which discriminates against a member of the staff
or student body at a District campus because of race, color, national or
ethnic origin, citizenship, age, gender, religion, sexual orientation,
physical or mental disability, medical condition, marital status, or any
other basis protected by federal, state or local law, ordinance or regulation
is prohibited.
Examples and Legal Definitions of Unlawful Harassment and Discrimination
Unlawful harassment because of race, color, national or ethnic origin,
citizenship, age, gender, religion, sexual orientation, physical or mental
disability, medical condition, marital status, or any other protected basis
includes, but is not limited to:


Addressing directly to a specific member(s) of the staff or student body
a threat or epithet which is intended to and does demean the race, color,
national or ethnic origin, citizenship, age, gender, religion, sexual orientation,
physical or mental disability, medical condition or marital status of the
person addressed; which is intended to grievously insult or threaten persons
because of any of the above characteristics; and which would tend to provoke
an immediate violent response when addressed directly to a person of average
sensibility who is a member of a group to which the word, phrase or symbol
is directed or which causes the victim of the threat to reasonably fear
for his or her safety based upon the apparent ability of the speaker to
carry out the threat.



    

Verbal conduct such as epithets, derogatory comments, slurs, sexually explicit
jokes, comments about a studentís or an employeeís body or dress, or unwanted
sexual advances, invitations or comments.


Verbal abuse of a sexual nature, graphic verbal commentary about an individualís
body, sexually degrading words to describe an individual, suggestive or
obscene letters, notes or invitations.


Visual conduct such as leering, derogatory posters, photography, cartoons,
drawings or gestures.


Physical conduct such as assault, unwanted touching, blocking normal movement
or interfering with work directed at an employee or student because of
the individualís gender or race or any other protected basis.


Threats or demands to submit to sexual requests in order to maintain employment
or employment benefits, or to maintain or receive educational benefits,
or to avoid some other loss, and offers of job benefits or educational
benefits in return for sexual favors.


Making or threatening reprisals after a negative response to sexual advances.


Retaliation for having reported or having threatened to report harassment.


Federal law defines sexual harassment as unwanted sexual advances, requests
for sexual favors or visual, verbal or physical conduct of a sexual nature
when:





Sexual harassment is also unwelcome sexual advances, requests for sexual
favors, or other gender-based verbal or physical conduct where:



California law defines sexual harassment as unwanted sexual advances or
visual, verbal or physical conduct of a sexual nature. This definition
includes many forms of offensive behavior. It is unlawful for males to
sexually harass females or other males, and for females to sexually harass
males or other females. Sexual harassment on the job is unlawful whether
it involves co-worker harassment, harassment of or by students, harassment
by a supervisor or manager, or by persons doing business with or for the
District.
In addition, unlawful student harassment is defined in the Education
Code as 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:


Submission to the conduct is explicitly or implicitly made a term or a
condition of the individualís academic status or progress.


Submission to, or rejection of, the conduct by the individual is used as
the basis of academic decisions affecting the individual.


The conduct has the purpose or effect of having a negative impact upon
the individualís academic performance, or of creating an intimidating,
hostile or offensive educational environment.


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, or activities available at or through the
educational institution.


Discrimination on the basis of race, color, national or ethnic origin,
citizenship, age, gender, religion, sexual orientation, physical or mental
disability, medical condition or marital status, or any other protected
basis is prohibited in programs and activities operated by the District.




Legal Reference:





EDUCATION CODE
200-240 Prohibition of discrimination on the basis of sex, especially:
212.5 Sexual harassment, defined
212.6 Sexual harassment policy
230 Particular practices prohibited
GOVERNMENT CODE
12900-12996 Fair Employment and Housing Act
LABOR CODE
1101 Political activities of employees
1102.1 Discrimination: sexual orientation
UNITED STATES CODE, TITLE 42
2000d & 2000e et seq. Title VI & Title VII, Civil
Rights Act of 1964 as amended
2000h-2 et seq. Title IX, 1972 Education Act Amendments
Meritor Savings Bank, FSB v. Vinson et al.
86 Daily Journal D.A.R. 2130

































































Adopted: 6-29-88
Revised: 3-8-95