San Diego County Office of Education Presented by Loretta Middleton, Senior Director Pupil Services Department San Diego County Office of Education Q & A About Sexual Harassment Revised 2/05 Pupil Services

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? The California Education Code defines sexual harassment as follows: (212.5) “Sexual harassment” means 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:

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? (b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? (c) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating and intimidating, hostile, or offensive work or educational environment.

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? (d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decisions affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

San Diego County Office of Education Revised 2/05 Pupil Services Q&A About Sexual Harassment What is Sexual Harassment? A form of sex discrimination A violation of Title VII of the Civil Rights Act of 1964 Two types of sexual harassment “quid pro quo” “hostile environment” or offensive work/educational

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Quid Pro Quo" Sexual Harassment? Unwelcome sexual advances Requests for sexual favors Other verbal or physical conduct of a sexual nature

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Quid Pro Quo" Sexual Harassment? (continued) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, grades or other evaluation

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Quid Pro Quo" Sexual Harassment? (continued) Submission to or rejection of such conduct by an individual is sued as the basis for employment or grading decisions affecting such individual.

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Hostile Environment" Sexual Harassment? Unwelcome sexual advances (even though not necessarily expressed verbally) Requests for sexual favors Other verbal or physical conduct of a sexual nature

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Hostile Environment" Sexual Harassment? When such conduct has the purpose or effect of unreasonably interfering with an individual's work or learning performance

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is "Hostile Environment" Sexual Harassment? (continued) Creating an intimidating, hostile, or offensive working or educational environment

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What Factors Determine Whether an Environment is "Hostile?” The central inquiry is whether the conduct “unreasonably interfered with an individual's work or learning performance” Created “an intimidating, hostile, or offensive working or learning environment”

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What Factors Determine Whether an Environment is "Hostile?” The following factors to determine whether an environment is hostile: whether the conduct was verbal or physical or both; how frequently it was repeated;

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What Factors Determine Whether an Environment is "Hostile?” The following factors to determine whether an environment is hostile: (continued) whether the conduct was hostile or offensive; whether the alleged harasser was a co-worker, supervisor, instructor, classified employee, or administrator (although of course it can be a student);

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What Factors Determine Whether an Environment is "Hostile?” The following factors to determine whether an environment is hostile: (continued) whether others joined in perpetrating the harassment; and whether the harassment was directed at more than one individual

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What Factors Determine Whether an Environment is "Hostile?” No one factor controls the determination An assessment is made based upon the totality of the circumstances

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment What is Unwelcome Sexual Conduct? The challenged conduct must be unwelcome in the sense that the victim did not solicit or incite it and the sense that the victim regarded the conduct as undesirable or offensive. (This differs of course where students are concerned.)

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment This differs however in an adult to student (minor) situation When student to adult is involved it is not necessary to make this determination

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment Although it may not be sexual harassment some comments or gestures are TOTALLY inappropriate for an adult professional to make to students (minors)

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment Who Can Be a Victim of Sexual Harassment? The victim may be a female or a male The victim does not have to be of the opposite sex The victim does not have to be the person harassed but could be anyone affected by the offensive conduct

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment Who Can Be a Sexual Harasser? The harasser may be a female or a male He or she can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, a non employee

San Diego County Office of Education Revised 2/05 Pupil Services Q & A About Sexual Harassment In the case of schools, he or she can be an administrator, teacher, counselor, school psychologist, or other certificated employee, any classified employee as well as a student.