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Elk Grove USD  |  BP  5145.3  Students

Nondiscrimination/Harassment/Intimidation/Bullying   

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The district strongly encourages any student who feels that he/she is being or has been discriminated against, harassed, intimidated, or bullied on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who has experienced off-campus sexual harassment that has a continuing effect on campus, to immediately contact his/her teacher, the principal (or the principal's designee), or the Legal Compliance Specialist identified in the District's Uniform Complaint Procedures - BP 1312.3. Any employee who receives a report or observes an incident of discrimination, harassment, intimidation or bullying shall notify the principal (or the principal's designee), or the Legal Compliance Specialist identified in BP 1312.3. Complaints of unlawful harassment shall be addressed consistent with the procedures set forth in BP 1312.3.

(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. 5145.7 - Sexual Harassment)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

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

The Board of Education desires to provide a safe school environment that provides equal opportunities for students in admission and access to the district's academic, co-curricular, 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, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, 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 a material or substantial 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. 5145.7 - Sexual Harassment)

(cf. 5145.9 - Hate-Motivated Behavior)

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

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

District students shall have equal opportunities in admission and access to educational programs, guidance and counseling programs, athletic programs, testing procedures, consideration for selection for awards and honors, and other activities, including extracurricular activities, regardless of a student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics. Eligibility for co-curricular or extra-curricular programs, including but not limited to choral and cheerleading, shall be determined on the basis of objective competencies.

No student shall be excluded from any benefit, aid, service, award or honor, or recommendation for an award or honor, or excluded from attendance/participation in an extracurricular activity solely on the basis of that student's having a disability and/or receiving services through a Section 504 plan or Individualized Education Program ("IEP"). Students with disabilities shall be given an equal opportunity to be considered for selection for any awards or honors and be provided an equal opportunity to participate in extracurricular activities, and their parents shall be advised of such awards, honors, and extracurricular activities in the same and equal manner as parents of students without disabilities. When providing or arranging for the provision of nonacademic and extracurricular services and activities, the District shall ensure that a student with a disability participates with nondisabled persons in such activities and services to the maximum extent appropriate to the needs of the student with a disability in question. The District will provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford students with disabilities an equal opportunity for participation in such services and activities. The District may set uniform standards for measuring academic achievement for such awards or honors/eligibility requirements for educationally sound purposes if the criteria are objective and clearly-defined, related to the purpose of the program, and applied equally to all students without regard to disability. Participation of a student who, even with the benefit of accommodations, could not meet the essential academic or skill requirements necessary for participation or recognition, is not required.

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.

The District shall annually notify certificated staff serving District students in grades 7 through 12 of information regarding school site and community resources related to the support of lesbian, gay, bisexual, transgender and gender questioning (LGBTQ) students, and students who may face bias or bullying on the basis of religious affiliation or perceived religious affiliation.

(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)

Complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated as specified in the accompanying Administrative Regulation 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)

Reporting Procedures

Any student who feels that he or she or another student in the District is being unlawfully discriminated against, harassed, intimidated or bullied by any student, employee, or other person from or in the District should immediately notify school staff or an administrator such as the principal or a vice principal so that the concern can be investigated and addressed. A student or parent may also file a written complaint in accordance with the District's Uniform Complaint Procedures. [BP & AR 1312.3, BP 5131.2, and BP 5145.3] The District prohibits retaliatory behavior against any person filing a complaint or any participant or witness in the complaint process. Each complaint will be fully investigated in a way that respects the privacy of all parties concerned, and appropriate action will be taken to remedy a finding of discrimination, harassment, intimidation or bullying.

Additional Information

Additional information about these policies, your rights and responsibilities, or about how to file a complaint regarding alleged discrimination, harassment, intimidation or bullying can be obtained by contacting the Legal Compliance Specialist, legalcompliance@egusd.net, 916-686-7795, Elk Grove Unified School District, 9510 Elk Grove-Florin Road, Elk Grove, CA 95624. For complaints regarding discrimination based on sex, contact the appropriate Title IX and Nondiscrimination Coordinator listed below:

The District designates the following individual(s) as the responsible employee(s) to coordinate its efforts to comply with the Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to investigate and resolve sexual harassment complaints under AR 1312.3- Uniform Complaint Procedures. The coordinator/compliance officer(s) may be contacted at TitleIX@egusd.net.

(cf. 1312.3- Uniform Complaint Procedures)

Questions and concerns regarding Title IX compliance at a school site must be directed to the school principal (or the principal's designee), who is the school's Title IX Designee. For questions and concern regarding Title IX compliance in District Level Programs the Title IX Coordinators are as follows:

For student against student complaints:

Assistant Superintendent, PreK-6 Education

(916) 686-7704; TitleIX@egusd.net

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

Assistant Superintendent, Secondary Education

(916) 686-7706; TitleIX@egusd.net

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

Executive Director, Education Services

(916) 831-2041; TitleIX@egusd.net

9510 Elk Grove-Florin Road

Elk Grove, CA 95624; or

For complaints against employees:

Legal Compliance Specialist, Human Resources

(916) 686-7795; TitleIX@egusd.net

9510 Elk Grove-Florin Road

Elk Grove, CA 95624

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)

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

GOVERNMENT CODE

11135 Nondiscrimination in programs or activities funded by state

PENAL CODE

422.55 Definition of hate crime

422.6 Crimes, harassment

CODE OF REGULATIONS, TITLE 5

432 Student record

4600-4670 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

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

110.25 Prohibition of discrimination based on age

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

Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against Sex Discrimination, July 2016

CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS

Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018

FIRST AMENDMENT CENTER PUBLICATIONS

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

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

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016

Dear Colleague Letter: Title IX Coordinators, April 2015

Dear Colleague Letter: Harassment and Bullying, October 2010

Notice of Non-Discrimination, Fact Sheet, August 2010

WEB SITES

CSBA: http://www.csba.org

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

California Office of the Attorney General: http://oag.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

Policy ELK GROVE UNIFIED SCHOOL DISTRICT

adopted: October 29, 1984 Elk Grove, California

revised: June 19, 1995

revised: April 6, 1998

revised: June 7, 1999

revised: July 1, 2002

revised: June 19, 2012

revised: February 3, 2015

revised: March 1, 2016

revised: May 21, 2019