OAKLAND UNIFIED SCHOOL DISRICT
Administrative Regulation

AR 4119.11, 4219.11, 4319.11
Personnel

 Sexual Harassment

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual 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 work or educational setting, when:  (Education Code 212.5; 5 CCR 4916)

1.	Submission to the conduct is made expressly or implicitly a term or condition of the individual's employment.

2.	Submission to or rejection of such conduct by the individual is used as the basis for an employment decision affecting him/her.

3.	The conduct has the purpose or effect of unreasonably interfering with the other individual's work performance; creating an intimidating, hostile or offensive work environment; or adversely affecting the other individual's evaluation, advancement, assigned duties, or any other condition of employment or career development.

4.	Submission to or rejection of the conduct by the other individual is used as the basis for any decision affecting him/her regarding benefits, services, honors, programs or activities available at or through the district.  

Other examples of actions that might constitute sexual harassment, whether committed by a supervisor or any other employee, include but are not limited to:

1.	Unwelcome leering, sexual flirtations or propositions.

2.	Unwelcome sexual slurs, epithets, threats, innuendoes, derogatory comments or sexually degrading descriptions.

3.	Graphic verbal comments about an individual's body, or overly personal conversations or pressure for sexual activity.

4.	Sexual jokes, stories, drawings, pictures, graffiti, gestures or sexually explicit e-mails.

5.	Spreading sexual rumors.

6.	Massaging, grabbing, fondling, stroking or brushing the body.

7.	Touching an individual's body or clothes in a sexual way.

8.	Cornering, blocking, leaning over or impeding normal movements.

9.	Displaying sexually suggestive objects or using sexual computer screen savers. 

10.	Any act of retaliation against an individual who reports a violation of the district's sexual harassment policy or who participates in the investigation of a sexual harassment complaint.

Notifications

A copy of the Governing Board's policy and this administrative regulation shall:  (Education Code 231.5)

1.	Be displayed in a prominent location in the main administrative building or other area of the school where notices of district rules, regulations, procedures and standards of conduct are posted.

2.	Be provided to each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or whenever a new employee is hired.  

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

3.	Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures and standards of conduct.  

All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing or a copy of district information sheets that contain, at a minimum, components on:  (Government Code 12950)

1.	The illegality of sexual harassment.

2.	The definition of sexual harassment under applicable state and federal law.

3.	A description of sexual harassment, with examples.

4.	The district's complaint process available to the employee.

5.	The legal remedies and complaint process available through the Fair Employment and Housing Department and Equal Employment Opportunity Commission.

6.	Directions on how to contact the Fair Employment and Housing Department and Equal Employment Opportunity Commission.  

7/14/04