NEWPORT BEACH : Board OKs Rules on Sex Harassment

The Newport-Mesa Unified School District Board of Education this week approved the district’s first specific regulations on sexual harassment, establishing a complaint and investigation procedure for employees.

The policy, however, does not extend to students. District officials said including students is not necessary because regulations governing students’ rights are clear.

Under the policy, approved unanimously Tuesday, employees may submit harassment complaints to the superintendent or an assistant superintendent, who are then required to investigate.

If a complaint is not resolved through the investigation, it is up to the superintendent to decide whether further investigation is warranted and to notify the employee of that decision within 20 days.

The regulations are intended to ensure district employees of their right to work free of “harassment, intimidation and coercion of a sexual nature,” according to the policy, which empowers district officials to fire employees found to have sexually harassed other employees.

The district axed part of the plan that would have ensured confidentiality for employees who file sexual harassment complaints. District officials said they can guarantee a speedy resolution to such complaints but cannot ensure confidentiality.

Some board members questioned why students had been excluded from the policy, but the board voted unanimously to accept the entire document.

“I do not feel our students suffer a lack of sophistication in knowing their rights,” Supt. John W. Nicoll told the board. “There’s a whole body of law out there” governing students’ rights, he said.

Board member Martha Fluor said that because students are not included, the district should ensure that state and federal rules protecting students from sexual harassment be posted clearly, so students understand their rights.