I. Unlawful Discrimination and Unlawful Harassment Prohibited. The District is committed to offering a learning environment to its students that is free from unlawful discrimination and unlawful harassment听and will not tolerate unlawful discrimination or unlawful harassment. All students are responsible for creating and maintaining an environment free of such unlawful discrimination and unlawful harassment. The District does not discriminate on the basis of race, color, religion, national origin, marital status, disability, age,听sex, sexual orientation, gender, gender identity, or on any other basis prohibited by federal, state, or local laws (hereinafter 鈥減rotected status鈥).听
A. Unlawful discrimination is defined as unfavorable or disparate treatment of a person or class of persons when that person鈥檚 protected status is a factor in such unfavorable or disparate treatment.听
B. Disparate or unfavorable treatment of similarly situated students is not necessarily unlawful discrimination. Treating a person unfavorably in comparison to other similarly situated students may be unlawful when that person鈥檚 protected status is a factor in the disparate or unfavorable treatment.听
II. Complaints. Complaints by students or parents regarding unlawful discrimination or unlawful harassment (excluding sexual harassment) shall follow the procedures of District Rule 5010.2. Complaints regarding sexual听harassment shall follow the procedures of District Rule 5010.3.
III. Retaliation Prohibited. Retaliation is also strictly prohibited and shall be grounds for discipline. There shall be no retaliation by the District or its personnel against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of unlawful discrimination or unlawful harassment. The initiation of a complaint in good faith about behavior that may violate the District鈥檚 policy shall not result in any adverse action.听
IV. Definitions.听
A. 鈥淎dverse action鈥 is defined as a response by a harassing party which is directed at the complainant as a direct result of the complainant鈥檚 failure to succumb to the harassment. Adverse actions may include, but are not limited to, any form of physical or verbal intimidation or threat, job loss, increase in work responsibilities without adequate compensation or training, and lateral transfers without a reduction in pay or benefits if the complainant is transferred to an undesirable location in the office, or any change in or interference with the complainant鈥檚 education and is a result of his or her reaction to unlawful discrimination or unlawful harassment.听
B. 鈥淩etaliation鈥 shall include, but is not limited to, adverse actions against a complainant for his or her reaction to unlawful discrimination or unlawful harassment, taken by the person responsible for the unlawful discrimination or unlawful harassment, or by any other party so long as the adverse action is the result of the complainant鈥檚 reaction to unlawful discrimination or unlawful harassment.听
C. "Title IX Coordinator" shall mean the District鈥檚 Associate Superintendent of Human Resources.听
D. 鈥淯nlawful Harassment鈥 is defined as unwelcomed repetitive conduct affecting the learning environment with the effect of unreasonably interfering with the ability of a student to perform in the school related program or activity and creates an intimidating, offensive or hostile learning environment, which is based in whole or in part on the student鈥檚 protected status.
20 U.S.C. 搂 1681 et seq.听