Definition of Sexual Harassment
Students are protected against sexual harassment committed by anyone, including third parties, in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity. Sexual harassment is unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity and includes dating violence, stalking and domestic violence. May include discrimination based on sexual orientation and gender identity.
● A student is led to believe that he or she must submit to unwelcome sexual conduct or communications as a condition of the student’s academic status or progress, or the conduct is used as a basis for any decision affecting the student regarding a benefit or service, honors, a place on a sports team, programs, or other District activities.
● The conduct has the purpose or effect of having a negative impact on a student's educational performance, or creates an intimidating, hostile or offensive educational environment.
Examples Are:
- Pressuring a person for sexual favors
- Unwelcome leering, sexual flirtations or propositions
- Unwelcome touching of a sexual nature such as massaging, grabbing, fondling, stroking or brushing the body, or touching an individual’s body or clothes in a sexual manner
- Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex
- Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
- Verbal, visual or physical actions that are discriminatory related to sexual orientation or gender identity.
- Graphic verbal comments about an individual's body, or overly personal conversation
- Writing graffiti of a sexual nature
- Distributing sexually explicit texts, emails, pictures, derogatory posters, notes, stories, cartoons, drawings, obscene gestures, or computer-generated images
- Making sexual jokes, rumors, or suggestive remarks
- Displaying sexually suggestive objects
- Sexual violence, including rape, sexual battery, sexual assault, sexual coercion, or other sexual violence offenses under Education Code section 48900(n)
- Dating violence, stalking, and relationship abuse based on gender or sex
Students also have the right to file a formal complaint (see below). For a copy of the District's sexual harassment policy and procedure, contact your school, the District Office, or view it online here: MUHSD Harassment and Discrimination Policies & Procedures. Regardless of whether a formal complaint is filed, the District has a responsibility to conduct some level of investigation for any report of discrimination or sexual harassment.
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