(EC 44050, BP 4086)
The District is committed to ensuring that employees and all individuals who work with or have contact with students conduct themselves with students in a way that is supportive, positive, professional, and non-exploitative. The District will not tolerate inappropriate conduct or behavior towards or with student by its employees or any individual who works with or has contact with students. Parents or guardians who have any questions or concerns regarding the conduct or behavior towards or with students by an employee or individual who works with or has contact with students are encouraged to speak to the school administrator. Board Policy 4086 Staff/Student Policy (All Personnel) covers employee interactions with students.
Board Policy 4086 Staff/Student Policy (All Personnel) states: “The relationship between the school employee and the student should be one of professional cooperation and respect. The Board expects all certificated and classified employees to exercise good judgment and maintain professional standards and boundaries that cultivate positive, non-exploitative relationships; when interacting with students, both on and off school property.
It is the policy of the Governing Board to prohibit any type of close personal relationship between a school employee and a student that may be reasonably perceived as inappropriate, unethical, immoral or illegal. Inappropriate employee conduct shall include, but not be limited to, engaging in harassing, demeaning or discriminatory behavior; excessive personal contact outside of school (this includes internet chat rooms, social network services, cell phones, and all other forms of electronic communication); soliciting, encouraging, or establishing an inappropriate written, verbal ,physical, or dating relationship with a student; furnishing tobacco, alcohol, or other illegal or unauthorized substances to a student; or engaging in child abuse.
It is also the policy of the Governing Board to prohibit any type of sexual relationship, sexual contact or behavior considered sexual in nature between a school employee and an enrolled student. This prohibition applies to students of the same or opposite sex as the school employee. It also applies regardless of whether the student or the school employee initiated the sexual behavior and whether or not the student welcomes the sexual behavior and/or reciprocates the attention.
An employee who observes or has evidence of inappropriate conduct between another employee and a student shall immediately report such conduct to the principal or Superintendent or designee; who shall promptly investigate all reasonable allegations of prohibited staff/student relationships. An employee who has knowledge of or suspects child abuse shall file a report pursuant to the district's child abuse reporting procedures as detailed in RR 4085 – Suspected Child Abuse.
Any employee who is found to have engaged in inappropriate conduct with a student in violation of the law or this policy shall be subject to disciplinary action up to and including suspension and/or dismissal.”
Additionally, Education Code section 44807 states that every teacher in the public schools shall hold pupils accountable for their conduct on the way to and from school, on the playgrounds, or during recess. California law prohibits the use of corporal punishment against students. However, a teacher, assistant principal, principal, or any other certificated employee of a school district shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive in learning. The provisions of this Section are in addition and do not supersede the provisions of Section 49000.