Board Policy 5145.3
Nondiscrimination/ Harassment

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Board Policy 5145.3

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district鈥檚 academic 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 of any student based on the student鈥檚 actual or perceived race, color, ancestry, national origin, nationality, immigration status, ethnicity, ethnic group identification, age, religion, family, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity, or 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. (Education Code 234.1)

(cf. 0410 鈥 Nondiscrimination in District Programs and Activities)

(cf. 5131 鈥 Conduct) (cf. 5131.2 鈥 Bullying)

(cf. 5137 鈥 Positive School Climate)

(cf. 5145.9 鈥 Hate-Motivated Behavior)

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

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

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, includes physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also shall include the creation of a hostile environment when the prohibited conduct is so severe, persistent, or pervasive that it affects a student鈥檚 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鈥檚 academic performance; or otherwise adversely affects a student鈥檚 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 files or otherwise participates in the filing or investigation of a complaint or report regarding an incident of discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

The Superintendent or designee shall facilitate students鈥 access to the educational program by publicizing the district鈥檚 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鈥檚 understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district鈥檚 nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the educational program. He/she shall report his/her findings and recommendations to the Board after each review.

(cf. 1312.3 鈥 Uniform Complaint Procedures)

(cf. 1330 鈥 Use of Facilities)

(cf. 4131 鈥 Staff Development)

(cf. 4231 鈥 Staff Development)

(cf. 4331 鈥 Staff Development)

(cf. 6145 鈥 Extracurricular and Cocurricular Activities)

(cf. 6145.2 鈥 Athletic Competition)

(cf. 6164.2 鈥 Guidance/Counseling Services)

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 for behavior that 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.

School staff and volunteers shall carefully guard against segregation, bias, and stereotyping in instruction, guidance, and supervision.

District personnel shall take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, retaliation, or bullying. The District will investigate all allegations of discrimination and implement effective corrective actions when appropriate pursuant to Administrative Regulation 5143.3.

(cf. 4118 鈥 Suspension/Disciplinary Action)

(cf. 4119.21/4219.21/4319.21 鈥 Professional Standards)

(cf. 4218 鈥 Dismissal/Suspension/Disciplinary Action)

(cf. 5144 鈥 Discipline)

(cf. 5144.1 鈥 Suspension and Expulsion/Due Process)

(cf. 5144.2 鈥 Suspension and Expulsion/Due Process (Students with Disabilities))

(cf. 5145.2 鈥 Freedom of Speech/Expression)