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Board Policy-Non-Discrimination/Harassment

SECTION 5000 BOARD POLICY
STUDENTS BP 5145.3
NON-DISCRIMINATION/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.
(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)


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 and 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. The Superintendent or designee shall provide training and
information to students, parents/guardians, and employees 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, harassment, intimidation, and
bullying. 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. In
providing instruction, guidance, supervision, or other services to district students, employees
and volunteers shall carefully guard against segregating or stereotyping students.


(cf. 1240 – Volunteer Assistance)
(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)


The principal or designee shall develop a plan to provide students with appropriate
accommodations when necessary for their protection from threatened or potentially harassing or
discriminatory behavior.


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. 5131 – Conduct)
(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)


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.
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 school.
(cf. 3580 – District Records)


Grievance Procedures
The following position is designated Coordinator for Non-discrimination to handle complaints
regarding discrimination, harassment, intimidation, or bullying, and to answer inquiries regarding
the district’s nondiscrimination policies:
Assistant Superintendent Educational Services
Title IX; 504 Plans
309 South K Street
Oxnard, CA 93030
805-385-2500
thomas.mccoy@oxnardunion.org
(cf. 1312.1 -Complaints ConcerningDistrict Employees)
(cf. 1312.3 -Uniform Complaint Procedures)


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 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. (Education Code
234.1)
Upon receiving a complaint of discrimination, harassment, intimidation, or bullying, the
Coordinator shall immediately investigate the complaint in accordance with the site-level
grievance procedures specified in AR 5145.7 – Sexual Harassment.
(cf. 5145.7 – Sexual Harassment)
Within 30 days of receiving the district’s report, the complainant may appeal to the Board if
he/she disagrees with the resolution of the complaint. The Board shall make a decision at its next
regular meeting and its decision shall be final.
The Superintendent or designee shall ensure that the student handbook clearly describes the
district’s nondiscrimination policy, procedures for filing a complaint regarding discrimination,
harassment, intimidation, or bullying, and the resources that are available to students who feel
that they have been the victim of any such behavior. The district’s policy shall also be posted on
the district web site or any other location that is easily accessible to students.


(cf. 1113 – District and School Web Sites)
(cf. 1114 – District-Sponsored SocialMedia)
(cf. 6163.4 – Student Use of Technology)


When required pursuant to Education Code 48985, complaint forms shall be translated into
the student’s primary language.


Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
48900 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 Expression
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
GOVERNMENT CODE
11135 Nondiscrimination in programs or activities funded by state
CODE OF REGULATIONS, TITLE 5
432 Student records
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
6101-6107 Age Discrimination Act of 1975
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
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107 Nondiscrimination on basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
99.31Disclosure 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
110.25 Prohibition of discrimination based on age
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
Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against
Sex Discrimination, July 2016
Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
Providing a Safe, NondiscriminatorySchool Environment for All Students, PolicyBrief,April 2010
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
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
California Student Safety andViolence Prevention – Laws and Regulations, April 2004
FIRST AMENDMENT CENTER PUBLICATIONS
Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground, 2006
NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Dealingwith LegalMatters Surrounding Students’ SexualOrientation andGender Identity, 2004
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
Notice of Non-Discrimination, Fact Sheet, August 2010
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
CaliforniaSafeSchoolsCoalition: http://www.casafeschools.org
First Amendment Center: http://www.firstamendment.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
(3/04, 3/10) 3/12, REVISED 1/25/17, REVISED 10/10/18