ANTP: Discrimination, Protections, Complaints and Procedures - English - Page 11
Discrimination, Protections, Complaints and Procedures
All pupils have the right to participate fully in the educational process, free from discrimination and harassment. Schools have an obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity and ensure safe school sites.
The District is primarily responsible for compliance with local, state and federal laws and regulations and has procedures to address allegations of unlawful discrimination, harassment, intimidation, or bullying against any protected individual or group including actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race or ethnicity, ancestry, national origin, nationality, religion, mental or physical disability, age, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in any district program, or activity that receives or benefits from local, state and federal financial assistance.
- Nondiscrimination/Harassment
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, 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.
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.
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.
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, and including counseling 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.
Grievance Procedures
The following position is designated as Coordinator for Nondiscrimination to handle complaints regarding discrimination, harassment, intimidation, or bullying, and to answer inquiries regarding the district's nondiscrimination policies:
Brent Forsee, Assistant Superintendent Educational Services
150 S. Third Avenue, Arcadia, CA 91006
(626) 821-6627
Any student who feels that he/she has been subjected to discrimination, harassment, intimidation, or bullying should immediately contact the Coordinator, the principal, or any other staff member. In addition, any student who observes any such incident should report the incident to the Coordinator or principal, whether or not the victim files a complaint.
Any school employee who observes an incident of discrimination, harassment, intimidation, or bullying or to whom such an incident is reported shall report the incident to the Coordinator or principal, whether or not the victim files a complaint.
In addition, the employee shall immediately intervene when safe to do so.
Upon receiving a complaint of discrimination, harassment, intimidation, or bullying, the Coordinator shall immediately investigate the complaint in accordance with district's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures.
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. [BP 5145.3 July 2018; EC 200-262.4, 48900.3, 48900.4, 48904, 48907, 48950, 48985, 49020-49023, 51500, 51501, 60044; CC 1714.1; GC 11135; PC 422.55, 422.6; 5 CCR 432, 4600-4670, 4900-4965; 20 USC 1681-1688, 12101-12213, § 504; Title VI; Title VII; Title IX; USC 42, 6101-6107; 28 CFR 35.107; 34 CFR 99.31, 100.3, 104.7, 106.8, 106.9, 110.25]
- Sexual Harassment
Policy
The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. 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. [EC 231.5, 48980(f)]
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, or who has experienced off-campus sexual harassment that has a continuing effect on campus, 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.
Once notified, the principal or compliance officer shall take the steps to investigate and address the allegation, as specified in the accompanying administrative regulation.
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:
- 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
- A clear message that students do not have to endure sexual harassment under any circumstance
- Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained
- 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
- A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students
- Information about the district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made
- Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues
- A clear message that, when needed, the district will take interim measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment
Complaint Process and Disciplinary Actions
Sexual harassment complaints by and against students 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.
Upon investigation of a sexual harassment complaint, any student found to have engaged in sexual harassment or sexual violence in violation of this policy 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.
Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall have his/her employment terminated in accordance with law and the applicable collective bargaining agreement.
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. [BP 5145.7 July 2018; EC 200-262.4, 48900, 48900.2, 48904, 48980; CC 51.9, 1714.1; GC 12950.1; 5 CCR 4600-4687, 4900-4965; FERPA; 20 USC 1221, 1681-1688; 42 USC 1983; Title VI; Title VII; 34 CFR 106.1-106.7]
- Complaints Regarding Discrimination, Harassment, Intimidation, Bullying, Exceptional Needs Students, Categorical Programs, Federally Funded Programs
The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination, harassment, intimidation, or bullying against any protected individual or group identified under Board Policy, Education Code, California Code of Regulations, Penal Code, or Government Code including actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnicity, race, ancestry, national origin, religion, color, mental or physical disability, age, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in any district program or activity that receives or benefits from state financial assistance.
The District shall promote programs that ensure non-discriminatory practices in all District activities. If you want further details in this regard, or wish to file a complaint, please contact the District’s Uniform Complaint Officer. The Governing Board designates the following compliance officer(s) to receive and investigate all complaints and ensure district compliance with law:
Kevin Hryciw, Assistant Superintendent Human Resources
150 S. Third Avenue, Arcadia, CA 91007
(626) 821-6627
The Uniform Complaint Procedure can be used in cases of discrimination or a violation of a federal or state law within the following programs as identified by the District’s Board Policies: adult education, career/technical education, ROP programs and centers, child development, Consolidated Categorical Aid, LCAP, State Compensatory Education, State Program for Students of Limited English Proficiency, school improvement, tenth-grade counseling, tobacco-use prevention education, Peer Assistance and Review, Migrant and Indian Education, nutrition services, special education, homeless or foster youth education options, course content, physical education, discrimination, harassment, intimidation, bullying, pupil lactation accommodations, pupil fees, Civil Rights Guarantees that receive state or federal financial assistance, Williams Settlement issues, school safety plan, safe place to learn, School Safety and Violence Prevention Act, and other areas designated by the District.[EC 200, 201, 220, 234, 260 et seq., 262.3, 48853, 48853.5, 49010-49013, 49069.5, 51210, 51223, 51225.2, 51228.3, 52075, 52334.7, 56500.2, 56501; PC 422.55; 5 CCR 4600- 4687; CC 51-53; GC 11135, 12900; 20 USC 1400 et seq.; EOA; Title VI, Title IX; § 504; IDEA; 42 USC 2000d, 2000e, 2000h; 34 CFR 106.9]
District’s Uniform Complaint Process
You may contact your school’s office or the District office to obtain a free copy of the district’s complaint procedures. The complaint procedure can be used for a variety of issues not mentioned above including but not limited to employee issues and policies and procedures of the district. Confidentiality and privacy shall be respected in all complaint investigations. Complaints alleging discrimination may be filed by a person on their own behalf or on behalf of another person or group of people within six months of the occurrence or when facts became known. Complaints regarding a special needs student or pupil fees may be filed within 12 months of the occurrence. Complaints regarding LCAP may be filed anonymously. Complaints regarding Pupil Fees may be filed anonymously and with the principal. If a complaint regarding LCAP or pupil fees is valid, then the parents are due full reimbursement. Staff has been trained to deal with these types of complaints.
- Complainants are protected from retaliation and their identities are confidential when related to discrimination. Staff dealing with complaints are knowledgeable about the laws and programs they are investigating. The complaint may be dismissed if complainant obstructs or does not provide all information. If the District acts in the same manner, the finding may be affected.
- You may contact the UCP Officer to obtain a copy of the complaint process.
- You may choose to have your complaint mediated.
- There shall be an investigative meeting after receiving the complaint.
- The compliance officer shall send a written report about the investigation and decision. There are then five days to appeal to the Board of Education.
- If you are not satisfied with the results the complainant has 15 days of receiving the LEA decision, to appeal to the California Department of Education. The appeal must include a copy of the locally filed complaint and a copy of the LEA decision.
- There is nothing in this process to preclude a complainant from pursuing available civil law remedies outside of the district’s complaint procedures. Such remedies may include mediation, attorneys, and legal remedies. Civil law remedies may include, but are not limited to: injunctions and restraining orders.
For discrimination complaints, 60 days must elapse from the time an appeal is filed with CDE before pursuing civil remedies except for an injunction. Complaints may also be forwarded to appropriate state or federal agencies in the following cases:
American Civil Liberties Act 504 – Office of Civil Rights
Child Abuse – Department of Social Services, Protective Services Division, or law enforcement
Discrimination/Nutritional Services – U.S. Secretary of Agriculture
Employment Discrimination – Department of Fair Employment and Housing, Equal Employment Opportunity Commission.
General Education – this school district
Health and Safety/Child Development – Department of Social Services
Student Records – Family Policy Compliance Office (FPCO), U.S. Department of Education
[20 USC 11138; 34 CFR 300.510-511, 300.513; EC 235. 262.3, 33031, 33032, 33381, 48985, 56000-56885, 59000-59300, 64000(a); 5 CCR 4600, 4620-4632]
- Title IX
Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in educational programs and activities that receive federal funding. Specifically, Title IX protects male and female pupils and employees, as well as transgender pupils and pupils who do not conform to sex stereotypes, against discrimination based on sex, including sexual harassment. California law also prohibits discrimination based on gender, gender expression, gender identity, and sexual orientation. Under Title IX, pupils may not be discriminated against based on their parental, family, or marital status, and pregnant and parenting pupils may not be excluded from participating in any educational program, including extracurricular activities, for which they qualify. For more information about Title IX, or how to file a complaint of noncompliance with Title IX, contact:
Brent Forsee, Assistant Superintendent Educational Services
150 S. Third Avenue, Arcadia, CA 91006
(626) 821-6627
- Complaints Regarding the Williams Settlement, Instructional Materials, Teacher Placement, and School Facilities
Parents should use the District Uniform Complaint Procedure with modifications as necessary, to identify and resolve any deficiencies regarding instructional materials; facility cleanliness, safety, emergency or urgent facility conditions that pose a health or safety threat to students; or staff, teacher vacancies or misassignments. [EC 35186]
Williams Settlement Complaint Procedure
A complaint form may be obtained, free of charge, at the school office, the district office, or downloaded from the district’s Web site at www.ausd.net, but the form need not be used to make a complaint. You may also download a copy of the California Department of Education complaint form from this Web site, www.cde.ca.gov/re/cp/uc. The Uniform Complaint Procedure shall be used for filing Williams related complaints with the following special circumstances applying:
- Forms can be turned into the principal or designee who will make every reasonable attempt to investigate.
- Complaints beyond the site authority will be forwarded to the District within 10 days.
- Complaints may be filed anonymously. A response may be requested if complainant is identified and will be sent to the mailing address on complaint
- If the District is required to provide material in a foreign language based on California Department of Education census data and if requested, the response and report shall be written in English and the primary language in which the complaint was filed.
- The form will have a box to request a response and indicate where to file the form.
- Valid complaints should be remedied within 30 days of receipt.
- Within 45 days of resolution, notice should be sent to complainant when a response was requested. A principal will also inform the Superintendent of resolution in the same timeframe.
- If unsatisfied with resolution a complainant may describe the complaint to the governing board at a regularly scheduled meeting.
- The District will report quarterly on the number of resolved and unresolved complaints and summarize data regarding complaints and resolutions to the county superintendent and the local governing board in public session making it part of the public records. [EC 35186, 48985]
- Educational Equity: Government Instruction Conferences
The Sex Equity in Education Act exempts any discrimination based on male or female identity for pupils who seek to participate in state or national conferences, therefore, furthering California’s goal of providing an equal educational opportunity to all students by prohibiting the use of public resources when a program discriminates based on gender. [EC 224]
- Further Information is Available
Further information regarding our district schools, programs, policies, and procedures is available to any interested person upon request to our district office. [FERPA, 34 CFR 99.7(b)]