B . Discriminate . The term “ discriminate ” includes segregate or separate and , for purposes of discrimination based on sex , it includes sexual harassment .
C . Harassment . Harassment is unwelcome conduct that is based on race , color , creed , religion , national origin , sex / gender , marital status , familial status , disability , status with regard to public assistance , sexual orientation , age , family care leave status or veteran status . A single incident of harassment may implicate more than one protected class . For example , a student may be targeted because of his race and sexual orientation . 1 . Harassing conduct may take many forms , including but not limited to verbal acts and name-calling , as well as nonverbal behavior that is physically threatening , harmful , or humiliating . Harassment includes the use of derogatory language , intimidation , and threats ; unwanted physical contact or physical violence ; and the use of derogatory language and images in graffiti , pictures or drawings , notes , e-mails , electronic postings and / or phone or text messages related to a person ’ s membership in a protected class . Harassment includes behavior that may not be directed at a particular person , but may instead consist of harassing conduct ( e . g . physical , verbal , graphic , or written ) that creates a hostile environment for students or employees .
2 . Conduct is unwelcome if the student or employee did not request or invite it and considered the conduct to be undesirable or offensive . Submission or failure to complain does not mean that the conduct was welcome ; the circumstances must be examined .
3 . With respect to students , a “ hostile environment ” exists when harassment is sufficiently severe , persistent , or pervasive to interfere with or limit one or more students ’ abilities to participate in or benefit from the education program .
4 . With respect to district employees , a “ hostile environment ” exists when harassment is sufficiently severe or pervasive so as to alter the conditions of the victim ’ s employment and create an abusive working environment .
D . Sex-Based Harassment . 1 . “ Sex-based harassment ” includes both sexual harassment and gender-based harassment .
2 . Sexual harassment is harassment of a sexual nature . Sexual harassment consists of unwelcome sexual advances , requests for sexual favors , sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when : a . submission to that conduct or communication is made a term or condition , either explicitly or implicitly , of obtaining or retaining employment , or of obtaining an education ; or b . submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual ’ s employment or education ; or c . the conduct or communication has the purpose or effect of creating a hostile environment .
3 . “ Gender-based harassment ” means non-sexual harassment of a person because of the person ’ s sex , including harassment based on gender identity and expression . Gender-based harassment includes , but is not limited to , harassment based on the person ’ s nonconformity with gender stereotypes , regardless of the actual or perceived sex , gender identity , or sexual orientation of the harasser or target of the harassment .
4 . “ Gender stereotypes ” refers to stereotypical notions of masculinity and femininity or expectations of how boys or girls should act .
E . Sexual Orientation Based Harassment . 1 . “ Sexual orientation-based harassment ” means non-sexual harassment of a person because of the person ’ s actual or perceived sexual orientation or association with or advocacy for a person or group ( e . g ., family members or friends ) who are lesbian , gay , bisexual or transgender (“ LGBT ”).
2 . “ Sexual orientation ” means having or being perceived as having an emotional , physical , or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment , or having or being perceived as having a self-image or identity not traditionally associated with one ’ s biological maleness or femaleness . F . Racial , Color , Creed or National Origin Harassment .
1 . Racial , color , creed or national origin harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual race , color , creed or national origin .
2 . “ National origin ” means the place of birth of an individual or of any of the individual ’ s lineal ancestors . This includes harassment of students born in the United States who have relatives that are from other countries .
G . Religious Harassment . Religious harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual religious beliefs .
H . Disability Harassment . 1 . Disability harassment consists of physical or verbal conduct based on an individual ’ s perceived or actual disability .
2 . A person with a disability is any person who ( 1 ) has a physical or mental impairment which substantially limits one or more major life activities ; ( 2 ) has a record of such an impairment ; or ( 3 ) is regarded as having such an impairment . This includes students who are protected by Title II of the Americans with Disabilities Act and / or Section 504 of the Rehabilitation Act .
3 . Disability harassment also may deny a student with a disability a free and appropriate public education ( FAPE ). Harassment of a student based on disability may decrease the student ’ s ability to benefit from his or her education and amount to a denial of FAPE .
I . Other Protected Class Harassment . Harassment of other protected classes consists of physical or verbal conduct based on an individual ’ s perceived or actual protected class status .