In order to help school districts and county offices of education comply with the law and fulfill their obligations to their staff and community, CSBA updated its sample board policy and administrative regulation 4119.11/4219.11/4319.11 – Sexual Harassment in March 2018. The revised policy strengthens the district’s prohibition against sexual harassment, including harassment based on the victim’s gender, gender identity, gender expression or sexual orientation. The samples also reflect Senate Bill 396, which requires districts to post a DFEH poster on transgender rights in a prominent location, and if the district has 50 or more employees, to provide training to supervisors pertaining to harassment based on gender identity, gender expression and sexual orientation. Sample complaint procedures are provided in BP/AR 4030 – Nondiscrimination in Employment.
- “quid pro quo” harassment, in which submission to or rejection of the harassment is used as the basis for employment decisions affecting the victim, such as demotion or termination; or
- “hostile environment” harassment, in which the conduct is so severe, persistent or pervasive that it creates a hostile, intimidating or abusive work environment.
Although isolated incidents or offhand comments may not meet these definitions, employers have an obligation to stop such misconduct before it rises to the level of unlawful conduct. Adopting sexual harassment policies is an important prevention strategy, and effectively implementing those policies is equally important. The policy must be communicated to employees in accordance with law so that they understand their rights and the procedures that are available to them for submitting a complaint.
Staff training helps reinforce the policy by ensuring that staff have the knowledge and practical guidance to prevent and respond to sexual harassment. State law requires districts with 50 or more employees to provide supervisory employees with at least two hours of classroom or other interactive training regarding sexual harassment. However, districts with fewer employees can also provide training to supervisory employees and all districts can provide training to nonsupervisory employees to help prevent discrimination and harassment.
Districts that fail to exercise reasonable care to prevent and promptly correct harassing behavior could be held liable for unlawful harassment committed by their employees. Furthermore, as Tuerck noted, “A harassment-free environment is critical to employees’ ability to perform their best and thus impacts the quality of education that California’s school children receive.”
EEOC, Promising Practices for Preventing Harassment, www.eeoc.gov