Harassment, Intimidation, Bullying, Discrimination, and Program Complaints

Harassment, intimidation, bullying, discrimination, program grievance may take many forms, including verbal aggression and name calling; physical aggression; relational aggression; graphic and written statements, which may include use of cell phones, computers, or gaming systems; and other conduct that may be physically threatening, harmful, or humiliating. Harassment, intimidation, bullying, and discrimination include intent to harm, they are directed at a specific target, and typically involve repeated incidents. Harassment, intimidation, bullying, and discrimination create a hostile environment and will not be tolerated by the SVABC UAC. Any other program complaints may follow the same grievance procedures.

Such conduct or communication has the purpose or effect of substantially interfering with an individual’s work or instruction/training site performance and creates an intimidating, hostile, or offensive work or instruction environment. Harassment, intimidation, bullying and discrimination can interfere and limit a person’s ability to participate in or benefit from the services, activities, or opportunities offered by the SVABC UAC. Administration will take prompt, equitable, and remedial action on all reports and complaints that come to the attention of Instructors/Trainers or Coordinator  or representative , either formally or informally. Allegations of criminal misconduct will be reported to the appropriate law enforcement agency.

Engaging in harassment, intimidation, bullying or discrimination will result in appropriate discipline or other appropriate sanctions against offending Apprentice , staff, instructors, trainers, contractors, or clients. Anyone engaging in these behaviors on instruction/training sites property or at training sites activities will have their access to instruction/training property and activities restricted or revoked, as appropriate.

The training site staff shall respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the sites legal obligations, state laws and policies, and the necessity to investigate the allegations and take disciplinary and/or restorative action to resolve the problem

Retaliation is prohibited against any person who makes a complaint or who is a witness under this policy and will result in appropriate disciplinary action against the person responsible for the retaliation. Individuals who knowingly report or corroborate false allegations will be subject to appropriate disciplinary and /or restorative action. Each  Instructor/Trainer  is responsible for immediately reporting alleged harassment, intimidation, bullying or discrimination to his/her Establishment Owner and SVABC Coordinator  or representative . Staff members, employers, Instructors, or Trainers who fail to take prompt action to report allegations or violation(s) of this policy may be subject to disciplinary and/or restorative action up to and including contract/employment termination.

Written Complaint and/or Grievance

A written complaint alleging discrimination, harassment, intimidation, or bullying, or any other complaints and/or grievances must be filed within three (3) months from the date the alleged discrimination, harassment, intimidation, bullying,or any other complaints and/or grievances occurred, unless the time for filing is extended by SVABC UAC Coordinator  or representative  his or her designee. You can do so by Emailing:Coordinator@SVABC.Info and confirming at (408)772-2209 that the complaint or grievance has been submitted. The Apprentice must explain his/her reasons for request or complaint and provide supporting information. Make sure you put it as the subject in the Email: Complaint and/or Grievance, so the Coordinator  or representative  knows the procedures to respond, as opposed to just responding to an inquiry.

SVABC Coordinator  or representative will provide written notification of the complaint  to the Apprentice, Employer, Instructor and Trainer, any other individual who is involved with the complaint  as well as the SVABC UAC within fifteen (15) working days of receiving the complaint.

Within fifteen (15) calendar working  days of receiving an Apprentice's submission the Coordinator  or representative will respond to the Apprentice and the to discuss the issues presented by the Apprentice. If appropriate, the Coordinator  or representative will also discuss the issues with other SVABC UAC staff members,  partners, Instructors and Trainers.

Investigation of the Complaint

When the Coordinator  or representative receives a written complaint, the Coordinator  or representative   will immediately begin an objective investigation. The SVABC UAC has the right to contract with an independent investigator to conduct any investigation. Within fifteen (15)  working days, the Coordinator  or representative will discuss the allegations in the complaint with the Apprentice , and obtain any needed additional information from the Apprentice. If the Apprentice does not respond to request made by the Coordinator  or representative within (3) working days with information requested the complaint and/or grievance will be closed due to non response of investigation, and the Instructor/Trainer and/or the Apprentice  may be suspended or terminated from the program at this time.  The Coordinator  or representative will obtain from the Apprentice the names of any persons the Apprentice believes will have relevant information. The Coordinator  or representative will gather all information necessary to determine what took place.

To do so, the Coordinator  or representative will interview any SVABC staff members, Partners or Apprentice’s who engaged in the actions or may have witnessed the actions that the Apprentice is complaining about. The Coordinator  or representative will interview persons that the Apprentice stated may have relevant information. The Coordinator  or representative will gather any relevant documents such as emails, Apprentice work or Instructor’s records or Trainers records, during the investigation, the Coordinator  or representative will disclose the complaint, and confidential information about the Apprentice , only to the extent necessary to investigate the allegations of the complaint.

After reviewing all the evidence gathered, the Coordinator  or representative will determine whether the Apprentice complaint is valid and what course of action should be taken to rectify the grievance.

If upon receiving a Barber or Cosmetology kit which needs items to be replaced in it additional wait time may apply to resolve the item(s) replacement beyond the sixty (60) workdays and the Apprentice will be kept updated with the replacement no more than sixty workdays more.

Written Decision

The Coordinator  or representative  will provide the Apprentice with a written decision no later than sixty (60) working days after the date the Apprentice filed the complaint. The decision will state the determination reached by the Coordinator  or representative at the conclusion of the investigation, and the reasons the Coordinator  or representative  reached that determination. Additional wait time may apply to resolve the issue if  an item has to be replaced in a Barber or Cosmetology kit, and wait time will be expressed in the written decision.  If the Coordinator  or representative  concludes that the Apprentice was discriminated against on the basis of disability, sexual harassed, or any other complaints need remedy the decision will state types of action that The SVABC UAC has taken or will take to correct the issue.

Appeals by Apprentice 

The Apprentice has a right to appeal the complaint and/or grievance response by filing a written appeal within (15) working days of receiving the Coordinator’s decision. The appeal must state the specific reasons that the Apprentice disagrees with the decision. The appeal must also include:

• A copy of  initial complaint
• A copy of Coordinator’s decision

An Apprentice may appeal any accommodation decision made by the Coordinator  or representative  if the Apprentice disagrees with the decision. When an Apprentice wishes to file an appeal, the Apprentice must notify the Coordinator  or representative  and CEO by Emailing: CEO@SVABC.Info and Coordinator@SVABC.info and confirming at (408)772-2209 that the appeal had been requested. The Apprentice must explain his/her reasons for disagreeing with the Coordinator  or representative ’s decision, or explain how the Apprentice's request is not being implemented, and submit any relevant documentation.

Within fifteen (15) calendar working  days of receiving an Apprentice's appeal the Coordinator  or representative  will respond to the Apprentice and the to discuss the issues presented by the Apprentice's appeal. If appropriate, the Coordinator  or representative will also discuss the issues with other SVABC UAC staff members and partners.

When an Apprentice appeals a decision made by the Coordinator  or representative , the CEO  or representative  will determine whether the Coordinator  or representative ’s decision should be revised or remain the same. If the decision is revised, the Coordinator  or representative  will ensure that the revised decision is implemented.

When an Apprentice files an appeal on the basis that an approved accommodation is not being implemented, the Coordinator or representative  will determine whether the accommodation is being fully implemented, and if it is not, ensure that the accommodation is implemented. The CEO, Coordinator or representative will inform the Apprentice of the decision in writing no later than thirty (30) working days after receiving the Apprentice's appeal.

At this time if the issue is still not resolved  the Consultant from the DAS will be notified.The DAS Consultant will review all the information provided by the Apprentice in the appeal, the decision by the Coordinator  or representative, the interview records made by the Coordinator  or representative, and the documents gathered by the Coordinator  or representative. The DAS will issue a written decision to the Apprentice within thirty (30) working days after receiving the Apprentice's appeal. The DAS Consultant will determine whether the decision should be revised or remain the same. If the DAS determines that the decision should be revised, the SVABC UAC will ensure that any necessary changes in the remedies are implemented.

Sexual Harassment Policy

SVABC UAC is committed to maintaining a working and learning environment that provides for fair and equitable treatment, including freedom from sexual harassment. This policy covers anyone who engages in sexual harassment on instruction/training site property or at instruction/training activities.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature, when:

• Submission to the conduct or communication is either explicitly or implicitly made a term or condition of an individual’s employment, work opportunity, education, or other benefits.
• Submission to or rejection of the conduct or communication is used as a factor for employment decisions or other instruction/training-related decisions affecting an individual.
• Such conduct or communication has the purpose or effect of substantially interfering with an individual’s work or instruction/training performance or creates an intimidating, hostile, or offensive work or school environment

Sexual harassment can occur between Instructor/Trainer to Apprentice , Apprentice to Instructor/Trainer, Apprentice to Apprentice , Instructor/Trainer to Instructor/Trainer, female to male, male to female, female to female, and male to male. Administration will take prompt, equitable, and remedial action on reports and complaints that come to the attention of Instructor/Trainer, Establishment Owner, or SVABC Coordinator  or representative , either formally or informally. Allegations of criminal misconduct will be reported to the appropriate law enforcement agency.

Sexual harassment may include but is not limited to:

• Verbal harassment or abuse of a sexual nature
• Subtle pressure for sexual activity
• Inappropriate or unwelcome touching, patting, or pinching of a sexual nature
• Intentional brushing against a Apprentice ’s or an Instructor/Trainer’s body
• Demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status
• Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status
• Use of sexually or gender-degrading words or comments, verbal or written (graffiti)
• Display in the Instructor/Trainer, on school grounds, or at school-sponsored events of sexually suggestive pictures
• Leering of a sexual nature (Spreading of sexual rumors)

Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending Apprentice , Instructor/Trainer, staff, or contractors. Anyone else engaging in sexual harassment on training property or at training activities will have their access to training property and activities restricted or revoked, as appropriate.

The training site shall respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the instruction/training site’s legal obligations and the necessity to investigate the allegations and take disciplinary action when the conduct has occurred.

Retaliation is prohibited against any person who makes a complaint or is a witness under this policy and will result in appropriate disciplinary action against the person responsible for the retaliation. Individuals who knowingly report or corroborate false allegations will be subject to appropriate disciplinary action.

Each Instructor/Trainer, Establishment Owner, and staff member is responsible to immediately report alleged discrimination and/or harassment to the SVABC Coordinator  or representative . These individuals who fail to take prompt action to report allegations or violation(s) of this policy may be subject to disciplinary action up to and including termination of employment or contract..

Discrimination Policy

A written complaint alleging discrimination, harassment, intimidation, or bullying, must be filed within three (3) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by SVABC UAC Coordinator  or representative  his or her designee.

Program Policy

The SVABC UAC is responsible for providing a grievance procedure to Apprentice for any matter, SVABC UAC programs and activities are to be followed but if there is a concern with procedures a written complaint must be submitted to the program Coordinator  or representative .

Civil Rights Policy

SVABC UAC programs and activities are to be free from discrimination based on age, sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color or mental or physical disability, and for monitoring compliance with any and all rules and regulations promulgated. If such discrimination occurs, Apprentice have the right to submit a written complaint.

Special Education Programs & Services Policy

If you have a disability and need an academic adjustment, please notify the admissions officer as soon as possible so the SVABC UAC can review your request. If you are interested in attending our program and you do not have a high training sites diploma or GED certificate, please contact our admissions Coordinator  or representative  where they will offer a list of GED programs located in your county.

Apprentice s are required to have the education level of 10th grade. An Apprentice might be asked to take an assessment test to assess the capability of fundamental skills required in reading, writing, and math. Apprentice must also be able to perform the physical description in “THE DUTIES OF Apprentice ” section.

Disability Policy

Documentation of disability by Apprentice's — Apprentice with disabilities who wish to request reasonable accommodations (including academic adjustments, auxiliary aids, or modifications) must contact the Coordinator  or representative  for this SVABC program. Apprentice s must provide documentation of disability from an appropriate professional, which depends on the nature of the disability. For example, an Apprentice with a psychological disability should provide documentation from a psychologist, psychiatrist or social worker.

This documentation may be the Apprentice ’s existing medical records, or reports created by the Apprentice ’s medical provider or an appropriate professional who conducts an assessment of the Apprentice . It may be documentation from the Apprentice ’s past educational records such as reports from teachers or training sites psychologists, or records that show the Apprentice ’s educational history, disability assessment, and the accommodations the Apprentice previously received. It may be records from the state department of rehabilitation or the U. S. Department of Veterans Affairs. Documentation should be current and relevant, but that does not mean that a recent report or record is needed in all cases. Some disabilities are stable lifelong conditions and historic documentation will be sufficient.  Some disabilities are readily apparent and observable and thus little or no documentation will be needed.

The documentation of disability is kept at all times in a locked, private file at The SVABC site. To protect privacy, direct access to this documentation is by written consent only the ADA Compliance Coordinator  or representative  will determine what information needs to be shared with SVABC UAC staff, employers, and trainers, on an “as needed basis,” in order to facilitate academic accommodations or other services.

Apprentice requests for accommodations and interactive discussion with ADA Compliance Coordinator  or representative  — Apprentice s who plan to request accommodations should contact the ADA Compliance Coordinator  or representative  promptly, so there is time for the Coordinator  or representative  to review the Apprentice ’s documentation and discuss accommodations with the Apprentice before the Apprentice begins the class or program for which the accommodation is being requested. When an Apprentice contacts the Coordinator  or representative , the Coordinator  or representative  will keep a record of the dates and contacts with the Apprentice , including a record of the accommodations requested by the Apprentice . Apprentice s who have questions about the type of documentation they need to provide should contact the Coordinator  or representative  to discuss this.

The Apprentice and the ADA Compliance Coordinator  or representative  will discuss how the Apprentice ’s impairment impacts the Apprentice , how the Apprentice expects the impairment to impact the Apprentice in SVABC program, the types of accommodations the Apprentice has previously received (if any), and the accommodations being requested by the Apprentice from the SVABC UAC. The Coordinator  or representative  and the Apprentice should discuss accommodations needed during all phases of the program (supplemental instruction and OJT).

The documentation (or observation) must show the nature of the Apprentice ’s disability and how it limits a major life activity. The accommodations requested by the Apprentice should be related to these limitations. There are no pre-set accommodations for specific disabilities. Instead, the Coordinator  or representative  and the Apprentice must discuss and determine what the Apprentice ’s limitations are, and how they can be accommodated.

Here are some examples:

• An Apprentice with an orthopedic disability may need cushioned mats and scheduled times to sit down. These Apprentice s may also need particular kinds of chairs. (These items must be supplied by the Apprentice )
• An Apprentice with a learning disability or attention deficit disorder may need extra time to take tests, such as ninety minutes to take a test instead of the sixty minutes allowed to other Apprentice s. These Apprentice s may need to take their tests in a location that is quiet and has no distractions, such as an office rather than the classroom.
• An Apprentice with a learning disability or psychological disability may need a note taker, a copy of the instructor’s notes or presentation, or to use a tape recorder during instruction.
• An Apprentice with post-traumatic stress disorder or an anxiety disorder may need to take periodic leaves of absence (they are still to abide by absence policy), or may need to structure their program so that it is scheduled over a longer period of time than usual within reason of the trade requirements. These Apprentice s may need to take breaks in a quiet room during skills practice, but must be able to perform in a reasonable amount of time according to the procedure being performed.
• An Apprentice with a hearing impairment may need Instructors to give them subject notes, or may need the Training sites to allow them to communicate in writing with clients and trainers.
• An Apprentice with diabetes may need periodic breaks to check his or her blood sugar level.

Decision about accommodations, and ensuring implementation of accommodations — The SVAB UAC Coordinator  or representative  will decide the accommodations to be provided to the Apprentice . The Coordinator  or representative  will consider any past accommodations that have been effective for the Apprentice , and will give primary consideration to the type of accommodation requested by the Apprentice . Alternate accommodations may be provided if there is an alternative accommodation that would be equally effective for the Apprentice .

The Coordinator  or representative  will make a decision no later than two weeks after the Apprentice states the request for an accommodation, which must be in writing and emailed to the Coordinator  or representative  at Coordinator  or representative @SVABC.Info . If the Apprentice does not submit documentation of a disability at the time the Apprentice requests an accommodation, the Coordinator  or representative  will make a decision no later than two weeks after the Apprentice provides the documentation.

The Coordinator  or representative  will list the approved accommodations in writing and provide this to the Apprentice . The Coordinator  or representative  will inform the appropriate Instructors, Employers, and Trainers of the accommodations they are responsible for providing to the Apprentice , how to provide the accommodations, and when to provide the accommodations. The Coordinator  or representative  will keep a written record of these contacts about the Apprentice ’s accommodations. The Coordinator  or representative  will verify that the accommodations are being implemented for the Apprentice through direct observation, report by the Apprentice , and/or documentation from SVABC staff, employers, or trainers. If the Apprentice informs the Coordinator  or representative  that an accommodation is not being fully implemented, the Coordinator  or representative  will immediately intervene with relevant staff members to ensure the accommodation is provided to the Apprentice .

After accommodations have been approved for an Apprentice , the Coordinator  or representative  will make an appointment with the Apprentice for a time when the Apprentice ’s program is expected to change. The purpose of the appointment is to determine whether the Apprentice ’s accommodations should be changed when the Apprentice ’s program phase changes, or the type of instruction changes.

Additional factors — The SVABC UAC and partners are not obligated to provide accommodations that would result in a fundamental alteration of The SVABC UAC’s and partner’s establishment or program. In this case, the Coordinator  or representative  will promptly search for an equally effective alternate accommodation for the Apprentice that would not fundamentally alter the program. The Coordinator  or representative  will offer the alternate accommodation to the Apprentice . The SVABC UAC and partners is not obligated to provide accommodations that would result in an undue fundamental or administrative burden on the SVABC UAC and partners. If the Coordinator  or representative  decides that a requested accommodation might impose such a burden, the Coordinator  or representative  will discuss the issue with the SVABC UAC and partners, who will take into account the overall fundamental resources of the SVABC UAC and partners. The SVABC UAC and partners will make the final decision, in accord with the requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. If the SVABC UAC and partners determines that the requested accommodation would be an undue burden, the Coordinator  or representative  will promptly search for an equally effective alternate accommodation for the Apprentice and offer the alternate accommodation to the Apprentice .

Training and Mediation Responsibilities of the Coordinator  or representative

The Coordinator  or representative  will deliver a disability training session for all Instructors/Trainers once a request is made and approved by an Apprentice for disability accommodations. In the training session the Coordinator  or representative  will explain the basic requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act as they apply to SVABC UAC, Instructors and Trainers. The Coordinator  or representative  will address: the SVABC UAC and partner’s responsibility to provide accommodations to Apprentice s with disabilities; how to appropriately interact with Apprentice s with particular kinds of disabilities; how to go about implementing accommodations that the Coordinator  or representative  has approved for Apprentice; how to support Apprentice s with disabilities in the SVABC UAC programs; that Apprentice s with disabilities cannot be penalized for using approved accommodations. The Coordinator  or representative  will keep a record of each training session.

The Coordinator  or representative  may also provide training for Apprentices who wish to learn about the SVABC UAC process for providing accommodations, or about the SVABC UAC’s grievance procedures upon written request.

The Coordinator  or representative  will assist Apprentices with disabilities who have concerns about implementation of their accommodations or their treatment by the SVABC UAC staff members Instructors/Trainers or other Apprentice s. At the request of an Apprentice , the Coordinator  or representative  will informally mediate or attempt to resolve issues related to the Apprentice ’s disability. If this informal process does not resolve the Apprentice ’s concerns, the Apprentice may file a grievance as described in the section below.

Disability Grievance Complaints

An Apprentice may file a grievance if:

• The Apprentice feels he or she has been discriminated against because the Apprentice is disabled,
• The Apprentice is regarded as being disabled,
• The Apprentice has a record of being disabled
• The Apprentice feels that he or she has been retaliated against for advocacy based on disability.

Here are some examples of discrimination:

• An Instructor or Trainer other Apprentice s refer to the Apprentice in a derogatory way related to the Apprentice ’s disability.
• An Instructor or Trainer generally refers to Apprentice s with particular types of disability in a derogatory way.
• Other Apprentice s refuse to work with the Apprentice because the Apprentice is disabled.
• An Instructor or Trainer refuses to provide a service to the Apprentice that the staff member provides to other Apprentice s.
• A training sites staff member takes a negative action toward the Apprentice after the Apprentice asked for accommodations for a disability.
• A guest presenter at the SVABC UAC or partner site makes derogatory statements about Apprentice s with disabilities, or states that Apprentice s with disabilities can never be employed in the presenter’s field.
• An Apprentice's request for accommodation was denied by the SVABC UAC, or an instructor did not implement an accommodation for the Apprentice that was approved by The Training sites

An Apprentice must file a grievance complaint within (30) working days of the date the discriminatory act occurred, or within (30) working days of the end of an informal attempt to resolve the complaint, whichever is later. The complaint must be written. In the complaint, the Apprentice must describe what happened and the dates the acts took place, and state who was involved. The Apprentice should explain why the Apprentice believes the acts were taken based on disability. The Apprentice should describe or provide copies of any relevant documents or emails, if available.

An Apprentice may ask the SVABC UAC Coordinator  or representative  to try and informally resolve the Apprentice ’s complaint before the Apprentice file a written complaint. However, the Apprentice is not required to try informal resolution before file a written complaint.

In the event of any controversy, claim, or dispute between the Apprentice that arise from these policies, the dispute will only be resolved in binding arbitration beyond these procedures. SVABC UAC shall be entitled to recover any fees from binding arbitration in, costs and disbursements, in addition to any other relief to which that party may be entitled.

IF YOU DO NOT FOLLOW THESE COMPLAINT / GRIEVANCE PROCEDURES YOUR CONTRACT WILL BE IMMEDIATELY TERMINATED.