Carlsbad Municipal Schools

En Español

Sexual Harrassment Policy

  A-0300     ©     ACA  

All individuals associated with this District, including, but not necessarily limited to, the Board, the administration, the staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.


Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when made by a member of the school staff to a student or to another staff member, or when made by a student to another student where:


     Submission to such conduct is either explicitly or implicitly made a term or condition of an individual's employment or education; or


     Submission to or rejection of such conduct is used as a basis for employment or education decisions affecting such individual; or


     Such conduct has the purpose or effect of substantially interfering with an individual's educational or work performance, or creating an intimidating, hostile, or offensive employment or education environment.

  Sexual harassment may include, but is not limited to:  

     Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, impeding or blocking movement, leering, gestures, or display of sexually suggestive objects, pictures, or cartoons.


     Continuing to express sexual interest after being informed that the interest is unwelcome.  (Reciprocal attraction between peers is not considered sexual harassment.)


     Implying or withholding support for an appointment, promotion, or change of assignment; suggesting that a poor performance report will be prepared; suggesting that probation will be failed; implying or actually withholding grades earned or deserved; or suggesting that a scholarship recommendation or college application will be denied.


     Coercive sexual behavior used to control, influence, or affect the career, salary, and/or work environment of another employee; or engaging in coercive sexual behavior to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student.


     Offering or granting favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.


Anyone who is subject to sexual harassment, or who knows of the occurrence of such conduct, should inform the compliance officer, as provided in ACA-R.


A substantiated charge against a staff member in the District shall subject such staff member to disciplinary action.


A substantiated charge against a student in the District shall subject that student to disciplinary action, which may include suspension or expulsion.


All matters involving sexual harassment complaints will remain confidential to the extent possible.

  Adopted:     date of manual adoption  
  LEGAL REF.:     20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
42 U.S.C. 2000, Civil Rights Act of 1964 as amended, Title
  A-0311     ©     ACA-R    


  Compliance  Officer  

The Superintendent shall be the compliance officer.  Any person who feels unlawfully discriminated against or who has been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent.  If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.

  Complaint  Procedure  

The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy.  The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable.  In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible.  The Superintendent shall also investigate incidents of policy violation that are raised by the Board, even though no complaint has been made.


If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.


If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing.  In cases of serious misconduct, dismissal or suspension proceedings in accordance with policy may be initiated.


If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants.  The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.


If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with policies JK and JKD.


If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.


The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.


Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.


If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.


If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board.  The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.


Sexual Harassment Complaint Form located here: