CUSDWatch Comment
This is being brought back to have the term "Sexual Harassment" defined.
Prohibited sexual harassment includes, but is not limited to, unwelcome advances, unwanted requests for sexual favors or other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender, in the educational setting, when: (Education Code § 212.5; 5 CCR 4916)
1. Submission to the conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.
2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
3. 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.
4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any District program or activity.
Types of conduct which are prohibited in the District and which may constitute sexual harassment include, but are not limited to:
1. Unwelcome leering, sexual flirtations or propositions
2. Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
3. Graphic verbal comments about an individual’s body, or overly personal conversation
4. Sexual jokes, notes, stories, drawings, pictures or gestures, or computer-generated images of a sexual nature
5. Spreading sexual rumors
6. Teasing or sexual remarks about students enrolled in a predominately single-gender class
7. Massaging, grabbing, fondling, stroking or brushing the body
8. Touching an individual’s body or clothes in a sexual way
9. Purposefully cornering or blocking normal movements
10. Displaying sexually suggestive objects 11. Sexual assault, sexual battery, or sexual coercion
12. Electronic communications containing comments, words, or images described above
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