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Pajaro Valley Unified School District Non-Discrimination Statement

The Pajaro Valley Unified School District (Local Educational Agency) has adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics. The policy includes the following: a) A statement that it applies to all acts related to school activity or school attendance within a school under the jurisdiction of the superintendent of the school district. b) Requirement that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.
(Ed. Code (EC) §§ 200, 220, 221.5, 234.1, and 260; Gov. Code (GC) § 11135; Pen. Code (PC) § 422.55; Cal. Code of Regs., Title 5 (5 CCR) §§ 4900, 4902, and 4960)

NONDISCRIMINATION/HARASSMENT (Students BP 5145.3(a)

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying of any student based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression or association with a person or group with one or more of these actual or perceived characteristics.

This policy shall apply to all acts related to school activity or to school attendance occurring within a district school.  (Education Code 234.1)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.9 - Hate-Motivated Behavior)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6164.6 - Identification and Education Under Section 504)

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, includes physical, verbal, nonverbal, or written conduct based on any of the categories listed above.  Unlawful discrimination also shall include the creation of a hostile environment when the prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

The Board also prohibits any form of retaliation against any individual who files or otherwise participates in the filing or investigation of a complaint or report regarding an incident of discrimination.  Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to
students, parents/guardians, and employees. He/she shall provide training and information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of

BP 5145.3(b

NONDISCRIMINATION/HARASSMENT  (continued)

the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the educational program.  He/she shall report his/her findings and recommendations to the Board after each review.

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 1330 - Use of Facilities)

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

(cf. 6145 - Extracurricular and Cocurricular Activities)

(cf. 6145.2 - Athletic Competition)

(cf. 6164.2 - Guidance/Counseling Services)

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion for behavior that is severe or pervasive as defined in Education Code 48900.4.  Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4119.21/4219.21/4319.21 - Professional Standards)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

(cf. 5145.2 - Freedom of Speech/Expression)

 

Legal Reference:  (see next page)

                                                                                                                                 BP 5145.3(c)

NONDISCRIMINATION/HARASSMENT  (continued)

 

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination

48900.3  Suspension or expulsion for act of hate violence

48900.4  Suspension or expulsion for threats or harassment

48904  Liability of parent/guardian for willful student misconduct

48907  Student exercise of free expression

48950  Freedom of speech

48985  Translation of notices

49020-49023  Athletic programs

51500  Prohibited instruction or activity

51501  Prohibited means of instruction

60044  Prohibited instructional materials

CIVIL CODE

1714.1  Liability of parents/guardians for willful misconduct of minor

PENAL CODE

422.55  Definition of hate crime

422.6  Crimes, harassment

CODE OF REGULATIONS, TITLE 5

432  Student record

4600-4687  Uniform complaint procedures

4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1681-1688  Title IX of the Education Amendments of 1972

12101-12213  Title II equal opportunity for individuals with disabilities

UNITED STATES CODE, TITLE 29

794  Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e-17  Title VI and Title VII Civil Rights Act of 1964, as amended

2000h-2-2000h-6  Title IX of the Civil Rights Act of 1964

6101-6107  Age Discrimination Act of 1975

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107  Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

100.3  Prohibition of discrimination on basis of race, color or national origin

104.7  Designation of responsible employee for Section 504

106.8  Designation of responsible employee for Title IX

106.9  Notification of nondiscrimination on basis of sex

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130

 

Management Resources:

CSBA PUBLICATIONS

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Final Guidance Regarding Transgender Students, Privacy, and Facilities, March 2014

Safe Schools:  Strategies for Governing Boards to Ensure Student Success, 2011

 

Management Resources continued:  (see next page)

 

                                                                                                                                BP 5145.3(d)

 

NONDISCRIMINATION/HARASSMENT  (continued)

 

 

Management Resources: (continued)

FIRST AMENDMENT CENTER PUBLICATIONS

Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground, 2006

NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS

Dealing with Legal Matters Surrounding Students' Sexual Orientation and Gender Identity, 2004

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter:  Harassment and Bullying, October 2010

Notice of Non-Discrimination, January 1999

WEB SITES

CSBA:  http://www.csba.org

California Department of Education:  http://www.cde.ca.gov

California Safe Schools Coalition: http://www.casafeschools.org

First Amendment Center:  http://www.firstamendmentcenter.org

National School Boards Association:  http://www.nsba.org

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

NONDISCRIMINATION IN EMPLOYMENT (All Personnel BP 4030(a))

The Governing Board desires to provide a positive work environment where employees and job applicants are assured of equal access and opportunities and are free from harassment in accordance with law.  The Board prohibits district employees from discriminating against or harassing any other district employee or job applicant on the basis of the person's actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, veteran status, gender, gender identity, gender expression, sex, or sexual orientation.

 

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 4032 - Reasonable Accommodation)

(cf. 4033 - Lactation Accommodation)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

(cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease)

(cf. 4154/4254/4354 - Health and Welfare Benefits)

(cf. 5145.7 - Sexual Harassment)

 

Prohibited discrimination consists of the taking of any adverse employment action against a person, including termination or denial of promotion, job assignment, or training, or in discriminating against the person in compensation, terms, conditions, or other privileges of employment based on any of the prohibited categories of discrimination listed above.

 

The prohibition against discrimination based on the religious creed of an employee or job applicant includes any discrimination based on the person's religious dress or grooming practices or any conflict between the person's religious belief, observance, or practice and an employment requirement.  The prohibition against discrimination based on the sex of an employee or job applicant shall include any discrimination based on the person's pregnancy, childbirth, breastfeeding, or any related medical conditions.  (Government Code 12926, 12940)

 

Harassment consists of any unwelcome verbal, physical, or visual conduct that is based on any of the prohibited categories of discrimination listed above and that is so severe or pervasive that it adversely affects an individual's employment opportunities, has the purpose or effect of unreasonably interfering with the individual's work performance, or creates an intimidating, hostile, or offensive work environment.

 

The Board also prohibits retaliation against any district employee or job applicant who complains, testifies, assists, or in any way participates in the district's complaint procedures instituted pursuant to this policy.

 

Any district employee who engages in prohibited discrimination, harassment, or retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior in violation of this policy shall be subject to disciplinary action, up to and including dismissal.

 

(cf. 4117.4 - Dismissal)

(cf. 4118 - Suspension/Disciplinary Action)

                                                                                                                                   BP 4030(b)

 

 

NONDISCRIMINATION IN EMPLOYMENT  (continued)

 

 

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

 

The following position is designated as Coordinator for Nondiscrimination in Employment:

 

Sharon Roddick

Assistant Superintendent, Human Resources                                                                 

294 Green Valley Road, Watsonville, CA 95076

(831) 786-2100                                              

 

Any employee or job applicant who believes that he/she has been or is being discriminated against or harassed in violation of district policy should, as appropriate, immediately contact his/her supervisor, the Coordinator, or the Superintendent who shall advise the employee or applicant about the district's procedures for filing, investigating, and resolving any such complaint.

 

Complaints regarding employment discrimination or harassment shall immediately be investigated in accordance with AR 4031 - Complaints Concerning Discrimination in Employment.

 

(cf. 4031 - Complaints Concerning Discrimination in Employment)

 

Any supervisory or management employee who observes or has knowledge of an incident of prohibited discrimination or harassment shall report the incident to the Coordinator or Superintendent as soon as practical after the incident.  All other employees are encouraged to report such incidents to their supervisor immediately.

 

Training and Notifications

 

The Superintendent or designee shall provide training to employees about how to recognize harassment and discrimination, how to respond appropriately, and components of the district's policies and regulations regarding discrimination.

 

(cf. 4131- Staff Development)

(cf. 4231- Staff Development)

(cf. 4331- Staff Development)

 

The Superintendent or designee shall regularly publicize, within the district and in the community, the district's nondiscrimination policy and the availability of complaint procedures.  Such publication shall be included in each announcement, bulletin, or application form that is used in employee recruitment.  (34 CFR 100.6, 106.9)

 

 

                                                                                                                                    BP 4030(c)

 

 

NONDISCRIMINATION IN EMPLOYMENT  (continued)

 

The district's policy shall be posted in all district schools and offices including staff lounges and student government meeting rooms.  (5 CCR 4960)

 

 

 

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination

CIVIL CODE

51.7  Freedom from violence or intimidation

GOVERNMENT CODE

11135  Unlawful discrimination

12900-12996  Fair Employment and Housing Act

PENAL CODE

422.56  Definitions, hate crimes

CODE  OF REGULATIONS, TITLE 2

7287.6 Terms, conditions and privileges of employment

CODE OF REGULATIONS, TITLE 5

4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1681-1688  Title IX of the Education Amendments of 1972

UNITED STATES CODE, TITLE 29

621-634  Age Discrimination in Employment Act

794  Section 504 of the Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000d-7  Title VI, Civil Rights Act of 1964, as amended

2000e-2000e-17  Title VII, Civil Rights Act of 1964, as amended

2000ff-2000ff-11  Genetic Information Nondiscrimination Act of 2008

2000h-2-2000h-6  Title IX of the Civil Rights Act of 1964

6101-6107  Age discrimination in federally assisted programs

12101-12213  Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 28

35.101-35.190  Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 34

100.6  Compliance information

104.7  Designation of responsible employee for Section 504

104.8  Notice

106.8  Designation of responsible employee and adoption of grievance procedures

106.9  Dissemination of policy

110.1-110.39  Nondiscrimination on the basis of age

                                                                                                                                  BP 4030(d)

COURT DECISIONS

Thompson v. North American Stainless LP, (2011) 131 S.Ct. 863

Shephard v. Loyola Marymount, (2002) 102 Cal.App.4th 837

 

Management Resources:

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Notice of Non-Discrimination, August 2010

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS

Questions and Answers: Religious Discrimination in the Workplace, 2008

Enforcement Guidance:  Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002

Enforcement Guidance:  Vicarious Employer Liability for Unlawful Harassment by Supervisors, June 1999

WEB SITES

California Department of Fair Employment and Housing:  http://www.dfeh.ca.gov

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

U.S. Equal Employment Opportunity Commission:  http://www.eeoc.gov

UNIFORM COMPLAINT PROCEDURES (BP 1312.3(a) )

The Governing Board recognizes that the district has the primary responsibility to ensure 
compliance with applicable state and federal laws and regulations governing educational 
programs. The Board encourages the early, informal resolution of complaints whenever 
possible and appropriate. To resolve complaints which cannot be resolved through such 
informal process, the Board shall adopt a uniform system of complaint processes specified in 
5 CCR 4600-4670 and the accompanying administrative regulation. 
The district's uniform complaint procedures (UCP) shall be used to investigate and resolve 
the following complaints: 
1. Any complaint alleging district violation of applicable state or federal law or 
regulations governing adult education programs, consolidated categorical aid 
programs, migrant education, career technical and technical education and training 
programs, child care and development programs, child nutrition programs, and 
special education programs (5 CCR 4610) 
(cf. 3553 - Free and Reduced Price Meals) 
(cf. 3555 - Nutrition Program Compliance) 
(cf. 5141.4 - Child Abuse Prevention and Reporting) 
(cf. 5148 - Child Care and Development) 
(cf. 6159 - Individualized Education Program) 
(cf. 6171 - Title I Programs) 
(cf. 6174 - Education for English Language Learners) 
(cf. 6175 - Migrant Education Program) 
(cf. 6178 - Career Technical Education) 
(cf. 6178.1 - Work-Based Learning) 
(cf. 6178.2 - Regional Occupational Center/Program) 
(cf. 6200 - Adult Education) 
2. Any complaint alleging unlawful discrimination, including discriminatory 
harassment, intimidation, or bullying, in district programs and activities against any 
person based on his/her actual or perceived characteristics of race or ethnicity, color, 
ancestry, nationality, national origin, ethnic group identification, age, religion, marital 
or parental status, physical or mental disability, sex, sexual orientation, gender, 
gender identity, gender expression, or genetic information, or any other characteristic 
identified in Education Code 200 or 220, Government Code 11135, or Penal Code 
422.55, or based on his/her association with a person or group with one or more of 
these actual or perceived characteristics (5 CCR 4610) 
(cf. 0410 - Nondiscrimination in District Programs and Activities) 
(cf. 4030 - Nondiscrimination in Employment) 
(cf. 4031 - Complaints Concerning Discrimination in Employment) 
(cf. 5145.3 - Nondiscrimination/Harassment) 
(cf. 5145.7 - Sexual Harassment)  BP 1312.3(b) 
UNIFORM COMPLAINT PROCEDURES (continued) 
3. Any complaint alleging bullying in district programs and activities, regardless of 
whether the bullying is based on a person's actual or perceived characteristics of race 
or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, 
age, religion, marital or parental status, physical or mental disability, sex, sexual 
orientation, gender, gender identity, gender expression, or genetic information, or any 
other characteristic identified in Education Code 200 or 220, Government Code 
11135, or Penal Code 422.55, or based on his/her association with a person or group 
with one or more of these actual or perceived characteristics 
(cf. 5131.2 - Bullying) 
4. Any complaint alleging district violation of the prohibition against requiring students 
to pay fees, deposits, or other charges for participation in educational activities (5 
CCR 4610) 
(cf. 3260 - Fees and Charges) 
(cf. 3320 - Claims and Actions Against the District) 
5. Any complaint alleging that the district has not complied with legal requirements 
related to the implementation of the local control and accountability plan (Education 
Code 52075) 
(cf. 0460 - Local Control and Accountability Plan) 
6. Any complaint alleging retaliation against a complainant or other participant in the 
complaint process or anyone who has acted to uncover or report a violation subject to 
this policy 
7. Any other complaint as specified in a district policy 
The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature 
of the allegations, offer a process to reach a resolution to the complaint that is agreeable to all 
parties. One type of ADR is mediation, which shall be offered to resolve complaints that 
involve more than one student and no adult. However, mediation shall not be offered or used 
to resolve any complaint involving sexual assault or where there is a reasonable risk that a 
party to the mediation would feel compelled to participate. The Superintendent or designee 
shall ensure that the use of ADR is consistent with state and federal laws and regulations. 
In filing and investigating complaints, the confidentiality of the parties involved shall be 
protected as required by law. As appropriate for any complaint alleging retaliation, unlawful 
discrimination, or bullying, the Superintendent or designee shall keep confidential the 
identity of the complainant and/or the subject of the complaint, if he/she is different from the 
complainant, as long as the integrity of the complaint process is maintained.  BP 1312.3(c) 
UNIFORM COMPLAINT PROCEDURES (continued) 
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) 
(cf. 5125 - Student Records) 
(cf. 9011 - Disclosure of Confidential/Privileged Information) 
When an allegation that is not subject to the UCP is included in a UCP complaint, the district 
shall refer the non-UCP allegation to the appropriate staff or agency and shall resolve the 
UCP-related allegation(s) through the district's UCP. 
The Superintendent or designee shall provide training to district staff to ensure awareness 
and knowledge of current law and related requirements, including the steps and timelines 
specified in this policy and the accompanying administrative regulation. 
(cf. 4131 - Staff Development) 
(cf. 4231 - Staff Development) 
(cf. 4331 - Staff Development) 
The Superintendent or designee shall maintain records of all UCP complaints and the 
investigations of those complaints. All such records shall be destroyed in accordance with 
applicable state law and district policy. 
(cf. 3580 - District Records) 
Non-UCP Complaints
The following complaints shall not be subject to the district's UCP but shall be referred to the 
specified agency: (5 CCR 4611) 
1. Any complaint alleging child abuse or neglect shall be referred to the County 
Department of Social Services, the County Protective Services Division, and the 
appropriate law enforcement agency. 
2. Any complaint alleging health and safety violations by a child development program 
shall, for licensed facilities, be referred to Department of Social Services and shall, 
for licensing-exempt facilities, be referred to the appropriate Child Development 
regional administrator. 
3. Any complaint alleging employment discrimination shall be sent to the California 
Department of Fair Employment and Housing and the compliance officer shall notify 
the complainant by first class mail of the transfer. 
4. Any complaint alleging fraud shall be referred to the California Department of 
Education.  BP 1312.3(d) 
UNIFORM COMPLAINT PROCEDURES (continued) 
In addition, the district's Williams Uniform Complaint Procedures, AR 1312.4, shall be used 
to investigate and resolve any complaint related to sufficiency of textbooks or instructional 
materials, emergency or urgent facilities conditions that pose a threat to the health or safety 
of students or staff, or teacher vacancies and misassignments. (Education Code 35186) 
(cf. 1312.4 - Williams Uniform Complaint Procedures) 
Legal Reference: (see next page)  BP 1312.3(e) 
UNIFORM COMPLAINT PROCEDURES (continued) 
Legal Reference: 
EDUCATION CODE 
200-262.4 Prohibition of discrimination 
8200-8498 Child care and development programs 
8500-8538 Adult basic education 
18100-18203 School libraries 
32289 School safety plan, uniform complaint procedures 
35186 Williams uniform complaint procedures 
48985 Notices in language other than English 
49010-49013 Student fees 
49060-49079 Student records 
49490-49590 Child nutrition programs 
52060-52077 Local control and accountability plan, especially 
52075 Complaint for lack of compliance with local control and accountability plan requirements 
52160-52178 Bilingual education programs 
52300-52490 Career technical education 
52500-52616.24 Adult schools 
52800-52870 School-based program coordination 
54400-54425 Compensatory education programs 
54440-54445 Migrant education 
54460-54529 Compensatory education programs 
56000-56867 Special education programs 
59000-59300 Special schools and centers 
64000-64001 Consolidated application process 
GOVERNMENT CODE 
11135 Nondiscrimination in programs or activities funded by state 
12900-12996 Fair Employment and Housing Act 
PENAL CODE 
422.55 Hate crime; definition 
422.6 Interference with constitutional right or privilege 
CODE OF REGULATIONS, TITLE 5 
3080 Application of section 
4600-4687 Uniform complaint procedures 
4900-4965 Nondiscrimination in elementary and secondary education programs 
UNITED STATES CODE, TITLE 20 
1221 Application of laws 
1232g Family Educational Rights and Privacy Act 
1681-1688 Title IX of the Education Amendments of 1972 
6301-6577 Title I basic programs 
6801-6871 Title III language instruction for limited English proficient and immigrant students 
7101-7184 Safe and Drug-Free Schools and Communities Act 
7201-7283g Title V promoting informed parental choice and innovative programs 
7301-7372 Title V rural and low-income school programs 
12101-12213 Title II equal opportunity for individuals with disabilities 
UNITED STATES CODE, TITLE 29 
794 Section 504 of Rehabilitation Act of 1973 
Legal Reference continued: (see next page) BP 1312.3(f) 
UNIFORM COMPLAINT PROCEDURES (continued) 
Legal Reference: (continued) 
UNITED STATES CODE, TITLE 42 
2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended 
2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 
6101-6107 Age Discrimination Act of 1975 
CODE OF FEDERAL REGULATIONS, TITLE 28 
35.107 Nondiscrimination on basis of disability; complaints 
CODE OF FEDERAL REGULATIONS, TITLE 34 
99.1-99.67 Family Educational Rights and Privacy 
100.3 Prohibition of discrimination on basis of race, color or national origin 
104.7 Designation of responsible employee for Section 504 
106.8 Designation of responsible employee for Title IX 
106.9 Notification of nondiscrimination on basis of sex 
110.25 Notification of nondiscrimination on the basis of age 
Management Resources: 
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS 
Questions and Answers on Title IX and Sexual Violence, April 2014 
Dear Colleague Letter: Bullying of Students with Disabilities, August 2013 
Dear Colleague Letter: Sexual Violence, April 2011 
Dear Colleague Letter: Harassment and Bullying, October 2010 
Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, 
or Third Parties, January 2001 
WEB SITES 
CSBA: http://www.csba.org 
California Department of Education: http://www.cde.ca.gov 
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr 
Policy PAJARO VALLEY UNIFIED SCHOOL DISTRICT 
adopted: November 12, 2014 Watsonville, CA 

SEXUAL HARASSMENT (Students BP 5145.7(a))

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination.  The Board prohibits sexual harassment of students at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.

 

The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult to immediately contact his/her teacher, the principal, or any other available school employee.  Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a district compliance officer.

 

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

 

Complaints regarding sexual harassment shall be investigated and resolved in accordance with law and district procedures specified in AR 1312.3 - Uniform Complaint Procedures.  Principals are responsible for notifying students and parents/guardians that complaints of sexual harassment can be filed under AR 1312.3 and where to obtain a copy of the procedures.

 

(cf. 1312.3 - Uniform Complaint Procedures)

 

The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy.

 

Instruction/Information

 

The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

 

1.         What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence

 

2.         A clear message that students do not have to endure sexual harassment under any circumstance

 

3.         Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained

BP 5145.7(b)

 

4.         A clear message that student safety is the district's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved

 

5.         Information about the district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made

 

6.         Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable

 

Disciplinary Actions

 

Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action.  For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.

 

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

 

Any staff member found to have engaged in sexual harassment or sexual violence toward any student shall be subject to discipline up to and including dismissal in accordance with applicable policies, laws, and/or collective bargaining agreements.

 

(cf. 4117.4 - Dismissal)

(cf. 4117.7 - Employment Status Report)

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

                                                                                                                                                     

Record-Keeping

 

The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in district schools.

 

(cf. 3580 - District Records)

 

 

BP 5145.7(c)

 

 

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination on the basis of sex

48900  Grounds for suspension or expulsion

48900.2  Additional grounds for suspension or expulsion; sexual harassment

48904  Liability of parent/guardian for willful student misconduct

48980  Notice at beginning of term

CIVIL CODE

51.9  Liability for sexual harassment; business, service and professional relationships

1714.1  Liability of parents/guardians for willful misconduct of minor

GOVERNMENT CODE

12950.1  Sexual harassment training

CODE OF REGULATIONS, TITLE 5

4600-4687  Uniform complaint procedures

4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688  Title IX, discrimination

UNITED STATES CODE, TITLE 42

1983  Civil action for deprivation of rights

2000d-2000d-7  Title VI, Civil Rights Act of 1964

2000e-2000e-17  Title VII, Civil Rights Act of 1964 as amended

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy

106.1-106.71 Nondiscrimination on the basis of sex in education programs

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130

Reese v. Jefferson School District, (2001, 9th Cir.) 208 F.3d 736

Davis v. Monroe County Board of Education, (1999) 526 U.S. 629

Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274

Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473

Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447

 

Management Resources:

CSBA PUBLICATIONS

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Safe Schools:  Strategies for Governing Boards to Ensure Student Success, 2011

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Questions and Answers on Title IX and Sexual Violence, April 2014

Dear Colleague Letter:  Sexual Violence, April 4, 2011

Sexual Harassment:  It's Not Academic, September 2008

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

WEB SITES

CSBA:  http://www.csba.org

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

Policy                                                      PAJARO VALLEY UNIFIED SCHOOL DISTRICT

adopted: November 12, 2014                                                                             Watsonville, CA

SEXUAL HARASSMENT (All Personnel AR 4119.11(a), 4219.11, 4319.11)

Definitions

 

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the work or educational setting when:  (Education Code 212.5; 5 CCR 4916)

 

1.         Submission to the conduct is made explicitly or implicitly a term or condition of the individual's employment.

 

2.         Submission to or rejection of such conduct by the individual is used as the basis for an employment decision affecting him/her.

 

3.         The conduct has the purpose or effect of having a negative impact upon the individual's work or has the purpose or effect of creating an intimidating, hostile, or offensive work environment.  The conduct is sufficiently severe, persistent, pervasive, or objectively offensive so as to create a hostile or abusive working environment or to limit the individual's ability to participate in or benefit from an education program or activity.

 

4.         Submission to or rejection of the conduct by the other individual is used as the basis for any decision affecting him/her regarding benefits, services, honors, programs, or activities available at or through the district.

 

Other examples of actions that might constitute sexual harassment, whether committed by a supervisor, a co-worker, or a non-employee, in the work or educational setting, include, but are not limited to:

 

1.         Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual's body; overly personal conversations or pressure for

            sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, innuendoes, derogatory comments, sexually degrading descriptions, or the spreading of sexual rumors

 

2.         Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit emails; displaying sexually suggestive objects

 

3.         Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body; touching an individual's body or clothes in a sexual way; cornering, blocking, leaning over, or impeding normal movements

 

Prohibited sexual harassment may also include any act of retaliation against an individual who reports a violation of the district's sexual harassment policy or who participates in the investigation of a sexual harassment complaint.

                                                                                                                             AR  4119.11(b)

                                                                                                                                    4219.11

                                                                                                                                    4319.11

 

Training

 

Every two years, the Superintendent or designee shall ensure that supervisory employees receive at least two hours of classroom or other effective interactive training and education regarding sexual harassment. All newly hired or promoted supervisory employees shall receive training within six months of their assumption of the supervisory position.  (Government Code 12950.1)

 

The district's training and education program for supervisory employees shall include information and practical guidance regarding the federal and state laws on the prohibition against and the prevention and correction of sexual harassment, and the remedies available to the victims of sexual harassment in employment. The training shall also include all of the content specified in 2 CCR 7288.0 and practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.  (Government Code 12950.1; 2 CCR 7288.0)

 

In addition, the Superintendent or designee shall ensure that all employees receive periodic training regarding the district's sexual harassment policy, particularly the procedures for filing complaints and employees' duty to use the district's complaint procedures.

 

Notifications

 

A copy of the Board policy and this administrative regulation shall:  (Education Code 231.5)

 

1.         Be displayed in a prominent location in the main administrative building, district office, or other area of the school where notices of district rules, regulations, procedures, and standards of conduct are posted

 

2.         Be provided to each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year or whenever a new employee is hired

 

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

 

3.         Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures, and standards of conduct

 

All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing (DFEH) or a copy of district information sheets that contain, at a minimum, components on:  (Government Code 12950)

 

 

                                                                                                                             AR  4119.11(c)

                                                                                                                                    4219.11

                                                                                                                                    4319.11

 

1.         The illegality of sexual harassment

 

2.         The definition of sexual harassment under applicable state and federal law

 

3.         A description of sexual harassment, with examples

 

4.         The district's complaint process available to the employee

 

(cf. 4031 - Complaints Concerning Discrimination in Employment)

 

5.         The legal remedies and complaint process available through DFEH and the Equal Employment Opportunity Commission (EEOC)

 

6.         Directions on how to contact DFEH and the EEOC

 

7.         The protection against retaliation provided by 2 CCR 7287.8 for opposing harassment prohibited by law or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by DFEH and the EEOC

 

In addition, the district shall post, in a prominent and accessible location, DFEH's poster on discrimination in employment and the illegality of sexual harassment.  (Government Code 12950)

 

 

Regulation                                               PAJARO VALLEY UNIFIED SCHOOL DISTRICT

date: November 12, 2014                                                                                   Watsonville, CA