What is Sex-Based Discrimination and Harassment?

“Discrimination on the basis of sex” includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, sex-based harassment and sexual harassment. 

Definitions of discrimination and harassment are detailed in District Policy 8400, Nondiscrimination. 

Sexual Harassment is defined as the following:

• “Quid Pro Quo” means an employee, agent or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome conduct. 
• “Hostile Environment” means unwelcome sex-based conduct that based on the totality of the circumstances is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the district’s education program or activity. 
• Sexual Assault 
  • “Rape” is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 
  • “Fondling” means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim. 
    • Private Body Parts. An individual’s genitalia, breasts, or buttocks. 
    • “Incest” is the non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
    • “Statutory Rape” is the non-forcible sexual intercourse with a person who is under the statutory age of consent. 
  • “Dating Violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 
  • “Domestic Violence” felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim, or by a person who commits acts against a youth or adult victim who is protected from those acts under family or domestic violence laws. 
  • “Stalking” means engaging in a course of conduct directed at a specific person based on their sex that would cause a reasonable person to a) fear for their safety or the safety of others, or b) suffer substantial emotional distress.