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El Dorado Union HSD |  BP  5145.3  Students

Nondiscrimination/Harassment/Intimidation/Bullying   

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The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the District's academic extracurricular, 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, targeted at any student by anyone, 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, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school.

(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, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also includes the creation of a hostile environment through prohibited conduct that 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 reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful 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 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 district's 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)

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

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 when the behavior 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)

RECORD-KEEPING

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.

(cf. 3580 - District Records)

COMPLAINT PROCESS: REPORTING, WITNESSES, & PROTECTIONS

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

For the purposes of Education Code 234.1, the following positions are designated as the local educational officers for this policy:

Assistant Superintendent of Human Resources, ext. 7214

Assistant Superintendent of Student Services, ext. 7224

El Dorado Union High School District Office

4675 Missouri Flat Road

Placerville, CA 95667

(530) 622-5081

Principal, El Dorado High School

561 Canal Street

Placerville, CA 95667

(530) 622-3634 Ext. 1020

Principal, Ponderosa High School

3661 Ponderosa Road

Shingle Springs, CA 95682

(530) 677-2281 Ext. 2216

Principal, Oak Ridge High School

1120 Harvard Way

El Dorado Hills, CA 95762

(916) 933-6980 Ext. 3010

Principal, Union Mine High School

6530 Koki Lane

El Dorado, CA 95623

(530) 621-4003 Ext. 4120

Principal, Independence High School

385 Pleasant Valley Road

Diamond Springs, CA 95619

(530) 622-7090 Ext. 7130

Director, EDUHSD Virtual Academy

6540 Koki Lane

El Dorado, CA 95623

(530) 622-6212 Ext. 7017

The Superintendent or designee shall adopt a process for receiving and investigating complaints of discrimination, harassment, intimidation, or bullying which shall include a timeline to investigate and resolve complaints or reports of discrimination, harassment, intimidation, or bullying. See Investigation and Resolution Process below and AR 5145.3.

The Superintendent or designee School site principals shall provide age-appropriate information to students, parents/guardians, and employees regarding discrimination, harassment, intimidation, and bullying, including but not limited to, the district's nondiscrimination policy, what constitutes prohibited behavior, how to report incidents, and to whom such reports should be made. In providing instruction, guidance, supervision, or other services to district students, employees, and volunteers shall carefully guard against segregating or stereotyping students.

(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)

Any student who feels that he/she has been subjected to discrimination, harassment, intimidation, or bullying should immediately contact school administration, a teacher, or other staff member. Any student who observes any such incident of discrimination, harassment, intimidation, or bullying should report this observation to the school administration, teacher, or other staff member, whether or not the victim files a complaint.

If school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so, and immediately report this observation to the school administration whether or not the victim files a complaint. They shall also report to school administration any reports that are made to them by students.

Reports of alleged discrimination, harassment, intimidation, or bullying by a school staff member should be made to the school principal or directly to the Assistant Superintendent of Human Resources if the student/parent is uncomfortable about making such a report directly to the school administrator.

(cf. 1312.1 - Complaints Concerning District Employees)

Complainants are to be protected from any retaliation, and the identity of a complainant shall remain confidential, as appropriate. Any witness to the complaint shall also be protected from retaliation.

CONSEQUENCES FOR ACTS OF DISCRIMINATION/HARASSMENT/ INTIMIDATION/BULLYING

Students who engage in discrimination, harassment, intimidation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, up to and including counseling, suspension, and/or expulsion. An employee who permits or engages in prohibited discrimination, harassment, intimidation, 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)

INVESTIGATION & RESOLUTION PROCESS

Upon receiving a complaint of discrimination, harassment, intimidation, or bullying school administration shall immediately investigate and, in a timely manner, resolve the concern/issue in accordance with procedures specified in AR 5145.3 - Nondiscrimination/ Harassment/ Intimidation/Bullying.

The principal or designee shall develop a plan to provide the reporter/victim with appropriate accommodations when necessary to ensure reporters/victims are protected from retaliation. Attempts should be made to keep reporter's/victim's identity as confidential as possible, while still allowing for an appropriate investigation to take place, as well as other appropriate disciplinary actions.

APPEAL PROCESS

If a parent/student feels the school site's investigation and/or resolution did not resolve their complaint/report, they may file a written appeal with the District Superintendent Office in accordance with procedures specified in AR 5145.3.

If a parent or student still feels after appeal to the District Office administration that their complaint/report was not resolved, the Uniform Complaint Procedure will be utilized to bring about resolution.

(cf. 1312.3 - Uniform Complaint Procedures)

MAINTAINING DOCUMENTS

Documentation of complainants and their resolution shall be maintained by district school personnel.

PUBLICIZING & POSTING PROCESS

The Superintendent or designee shall publicize the district's policy regarding discrimination, harassment, intimidation, and bullying, including information about the manner in which to file a complaint and reporting requirements, to students, parents/guardians, employees, agents of the governing board, and the general public. The information shall be translated, as necessary, pursuant to Education Code 48985. All forms developed for this process shall be translated, as necessary, pursuant to Section 48985 of the California Education Code.

This policy shall be posted in all schools and offices, including staff lounges and pupil government meeting rooms.

Legal Reference:

EDUCATION CODE

200262.4 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

4902049023 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

UNITED STATES CODE, TITLE 42

2000d & 2000e-17 Title VI & 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

99.31 Disclosure of personally identifiable information

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-Nonconfirming 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

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 OF CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter: Title IX Coordinators, April 2015

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 of Civil Rights: http://www.ed.gov/about/offices/list/ocr

Policy EL DORADO UNION HIGH SCHOOL DISTRICT

adopted: October 25, 2016 Placerville, California