§ 4916. Sexual Harassment Definitions.
5 CA ADC § 4916Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 5. Education
Division 1. California Department of Education
Chapter 5.3. Nondiscrimination and Educational Equity
Subchapter 1. Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance
Article 2.5. Sexual Harassment
5 CCR § 4916
§ 4916. Sexual Harassment Definitions.
(a) “Sexual harassment” means any unwelcome sexual advance, unwelcome requests for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational or work setting, whether it occurs between individuals of the same sex or individuals of opposite sexes, under any of the following conditions:
(3) The conduct has the purpose or effect of having a negative impact upon the individual's academic performance, work, or progress or has the purpose or effect of creating an intimidating, hostile, or offensive educational or working environment. The conduct is sufficiently severe, persistent, pervasive or objectively offensive, so as to create a hostile or abusive educational or working environment or to limit the individual's ability to participate in or benefit from an education program or activity.
Credits
Note: Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 212.5, Education Code; Section 11135, Government Code; Section 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regulations.
History
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 5, § 4916, 5 CA ADC § 4916
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