Sexual Harassment

  • The Governing Board is committed to maintaining an educational environment that is free from harassment and discrimination. The Board acknowledges that complext societal and historical factors may contribute to inequity within the district and that sexual harassment devalues all students, undermines students' physical safety, impedes students' ability to learn, and reinforces social inequality. The Board is committed to eliminating sexual harassment and repairing the harm it causes. The Board prohibits sexual harassment of students at school or at schools-related activities. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.

     

    The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult to immediately contact his/her teacher, the principal, or any other available school employee. The district will take immediate steps to stop harassment and protect the safety and well-being or reported victims of sexual harassment, including interim measures during the investigation as appropriate. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a district compliance officer.

     

    Amended 06/14/17

     

     

    OUSD Sexual Harassment and Anti-discrimination policies

    Sexual harassment is also in violation of the Oakland Unified School District Board and Administrative policies. All forms of sexual harassment, whether student to student, staff to student, or student to staff, are unlawful at OUSD schools.

     

    Definition of Sexual Harassment

    Prohibited sexual harassment is unwelcome sexual conduct that may include, but is not limited to, sexual violence, 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 sex in the educational setting, when made on the basis of sex and under the following conditions: (Education Code 212.5; 5 CCR 4916) 

    • Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
    • Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
    • 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.
    • Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding the benefits and services, honors, programs, or activities available at or through any district program or activity.

     

    Specific Examples of Sexual Harassment

    Examples of 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. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
    3. Graphic verbal comments about an individual's body, unwanted sexual comments or questions, or overly personal conversation or computer-generated images of a sexual nature.
    4. Spreading sexual rumors
    5. Teasing or sexual remarks abotu students enrolled in a predominatly single-sex class or activity.
    6. Massaging, grabbing, fondlling, stroking, or brushing the body.
    7. Touching an individual's body or clothes in a sexual way.
    8. Impeding or blocking an individual's movements or any physical interference with school activities when directed at an individual on the basis of sex or gender expression.
    9. Displaying sexually suggestive objects.
    10. Sexual assualt, sexual battery, or sexual coercion.
    11. Sexual violence which is the perpetration of a sexual act on a person without their affirmative consent.
    12. Electronic communication containing comments, words, or images described above.

How to File a Complaint

  • Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.


    District Complaint

    Title IX complaints may be filed using the District’s uniform complaint procedure found within the following Board policy 1312.3

    A sexual harassment complaint may be filed with the school site principal or his/her designee or a teacher at the school site. 

    If the individual feels uncomfortable, the complaint may be filed with the Title IX Coordinator, Office of the Ombudsperson.

    Complaints may also be made verbally.

    Uniform Complaint Procedures - Level I Complaint forms are available here, at each school and at the Office of the Ombudsperson. 

     

    Mr. Gabriel Valenzuela

    Ombusperson/Title IX Coordinator/CCR Title 5 Coordinator/Equity Officer

    Email: gabriel.valenzuela@ousd.org

    Phone: (510) 879-4281

    Fax: (510) 879-3678
     
    Oakland Unified School District 
    1000 Broadway, 1st Floor, Suite 150
    Oakland, CA 94607
     



    Time Requirement:
    A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b)).  
    If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

    Investigation Procedure:
    Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at: Board Policy 1312.3

    Please contact the Title IX Coordinator if you have any questions. 

    OCR Complaint
    For information regarding filing a complaint with OCR

    OCR provides an online complaint filing system
    OCR can also be contacted through the California regional office at:

    Office for Civil Rights
    U.S. Department of Education
    50 United Nations Plaza
    Mail Box 1200, Room 1545
    San Francisco, CA 94102 
    Telephone: 415-486-5555
    Email: ocr.sanfrancisco@ed.gov

    Time Requirement:
    OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement. 

    Investigation Procedure:
    For information regarding OCR’s investigation process.

    Police Report 
    To file a police report, please contact local law enforcement at:

    510-777-3333

     

     

     

     

     

Board Policy and Administrative Regulation 5145.7 Sexual Harassment

Last Modified on March 5, 2021