ADMINISTRATIVE REGULATION - 5145.9
PURPOSE
The purpose of the hazing regulations is to enforce Policy 5145.9 and maintain a safe learning environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the Irvine Unified School District and are prohibited at all times.
GENERAL STATEMENT OF REGULATIONS
- No student, teacher, administrator, aide, volunteer, contractor or other employee of the school district shall plan, direct, encourage, aid or engage in hazing.
- No teacher, administrator, aide, volunteer, contractor or other employee of the school district shall permit, condone or tolerate hazing.
- Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in the anti-hazing policy.
- The hazing policy and regulations shall apply to behavior that occurs on or off school property and during and after school hours.
- A person who engages in an act that violates Irvine Unified School District policy or California Education and Penal Code in order to be initiated into or affiliated with a student organization, shall be subject to discipline for that act.
- The school district will investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, administrator, aide, volunteer, contractor or other employee of the school district who is found to have violated this policy.
DEFINITIONS
- “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school.
- "Hazing" does not include customary athletic events or school-sanctioned events.
REPORTING PROCEDURES
- Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate site administrator.
- The site principal or designeee is the person responsible for receiving reports of hazing at the site level. Any person should report hazing directly to an site administrator.
- Teachers, administrators, volunteers, contractors and other employees of the school district shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person who receives a report or observes, or has other knowledge or belief of conduct which may constitute hazing shall inform the site principal immediately and the site principal or principal's designee will take immediate action in response.
- Submission of a good faith complaint or report of hazing will not affect the complainant or reporter’s future employment, grades or work assignments.
SCHOOL DISTRICT ACTION
- Upon receipt of a complaint or report of hazing, the school district shall undertake or authorize an investigation by school district officials or a third party designated by the school district.
- The school district may take immediate steps, at its discretion, to protect the complainant, reporter, students, or others pending completion of an investigation of hazing.
- Upon completion of the investigation, the school district will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion from student organizations, expulsion, transfer, remediation, termination or discharge. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior as per California Education Code and California Penal Code. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements, applicable statutory authority, California Education Code, and school district policies and regulations.
REPRISAL
The Irvine Unified School District will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor or other employee of the school district who retaliates against any person who makes a good faith report of alleged hazing or against any person who testifies, assists, or participates in an investigation, or against any person who testifies, assists or participates in a proceeding or hearing relating to such hazing. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
DISSEMINATION OF POLICY
The Hazing Policy shall appear in each school’s student handbook and in each school’s Staff Handbooks. Additionally, the policy and regulations will be available online along with all IUSD policies.
Legal References:
Matt’s Law SEC.3.Section 245.6
California Penal Code 245.6
California SB 1454