Discrimination Based on Sex or Gender

  • Sex discrimination under Title IX includes the following:

    • Quid pro quo:  Sexual harassment where an employee conditions some type of aid, benefit, or service of the District on the student's (or other employee’s) participation in unwelcome sexual conduct

    • Hostile environment:  Sexual harassment where someone engages in unwelcome conduct on the basis of sex that is severe, pervasive, and objectively offensive

    • Sexual assault: Any sexual act directed against another person, without consent of the victim (including instances where the victim is not capable of giving consent), including fondling, incest, statutory rape, and rape 

    • Dating violence on the basis of sex:  Any violence committed by a person who is or has been in a social, romantic, or intimate relationship with the victim

    • Domestic violence on the basis of sex:  Any violence committed by a person who is or has been a current / former spouse or intimate partner of the victim

    • Stalking on the basis of sex:  Any behavior directed at a specific person that would cause a reasonable person to fear for their safety or safety or others or suffer substantial emotional distress.

    Sex discrimination under California law includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, and other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, when made on the basis of sex (Education Code 212.5; 5 CCR 4916), including, but not limited to:

    • Unwelcome leering, sexual flirtations or propositions

    • Unwelcome sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

    • Graphic verbal comments about an individual’s body, or overly personal conversation

    • Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures or computer-generated images of a sexual nature

    • Spreading sexual rumors

    • Teasing or sexual remarks about students enrolled in a predominantly single-sex class

    • Massaging, grabbing, fondling, stroking, or brushing the body

    • Touching an individual’s body or clothes in a sexual way

    • Purposefully cornering or blocking normal movements or any physical interference with school activities when directed at an individual on the basis of sex

    • Displaying sexually suggestive objects

    • Sexual assault, sexual battery, or sexual coercion


  • Board Policy and Administrative Regulation