NONDISCRIMINATION / HARASSMENT - STUDENTS

BOARD POLICY - 5145.3

The Governing Board desires to ensure equal opportunities for all students in admission and access to the district's educational programs, guidance and counseling programs, athletic programs, testing procedures, and other activities. District programs and activities shall be free from discrimination, harassment, intimidation, and bullying of any student based on the student's actual or perceived characteristics such as race or ethnicity, color, ancestry, national origin, nationality, ethnic group identification, immigration status, age, religion, actual or potential parental, family, or marital status, or the exclusion of any person because of pregnancy or related condition, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; the perception of one or more of such characteristics; 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. (Education Code 234.1)

The Board prohibits discrimination, intimidation, bullying, or harassment of any student by any employee, student, or other person in the district. Prohibited harassment includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above 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 education environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise affects the student's educational opportunities.

A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records. (Education Code 221.5) School staff and volunteers shall carefully guard against discrimination, including but not limited to segregation, bias, and stereotyping in the delivery of services, instruction, guidance, and supervision. In addition, the employee shall immediately intervene when safe to do so. (Education Code 234.1)

Students who engage in discrimination or harassment in violation of law, Board policy, or administrative regulation shall be subject to appropriate discipline, up to and including counseling, suspension, and/or expulsion. Any employee who permits or engages in harassment or prohibited discrimination shall be subject to disciplinary action, up to and including dismissal.

The board also prohibits any form of retaliation against any student who files a complaint or report regarding an incident of discrimination, harassment, intimidation, or bullying.

The Board hereby designates the following position(s) as Coordinators(s) for Nondiscrimination to handle complaints regarding discrimination and harassment and inquiries regarding the district's nondiscrimination policies:

504 Coordinator
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Title VI Coordinator
Coordinator, Student Services
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Title IX Coordinator
Director, Secondary Ed
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Americans with Disabilities Act (Title II) Coordinator
Coordinator, Student Svcs
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Age Discrimination Act and Age Discrimination in Employment Act Coordinator
Director, Human Resources
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Title VII Coordinator
Director, Human Resources
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

CTE Coordinator
5050 Barranca Parkway
Irvine, CA 92604
Telephone: 949-936-5000

Any student who feels he/she has been subjected to discrimination or harassment should immediately contact the Coordinator, the principal, or any other staff member. Any student or school employee who observes an incident of discrimination or harassment should report the incident to the Coordinator or principal, whether or not the victim files a complaint.

The Superintendent or designee shall ensure that a notation is made in the student handbook referencing where the district's nondiscrimination policy and procedures for filing a complaint regarding discrimination or harassment may be found, and the resources that are available to students who feel that they have been the victim of discrimination or harassment. The district's policy may also be posted on the district website or any other location that is easily accessible to students.

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination

48900.3   Suspension or expulsion for act of hate violence

48900.4  Suspension of 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

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

1110.25  Prohibition of discrimination based on age

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 CalApp. 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, 2010

Notice of Non-Discrimination Fact Sheet, August 2010

WEBSITES

CSBA:  http://csba.org

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

California Safe Schools Coalition:  http:///www.casafeschools.org

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

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;//ed.gov/about/offices/list/ocr

 

Policy Adopted: September 13, 2011
Policy Revised: March 18, 2014
Policy Revised: January 12, 2016

Policy Revised: August 21, 2018
Policy Revised September 11, 2018