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Board Policy Presentation

UCP Williams

AR1312.4

Sexual Harassment BP/AR 4119.11

AR 1312.4

Prepared by Janet Handley

OCESD Curriculum Office

November 11, 2021

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Training on

Board Policies

UCP Williams AR 1312.4

Sexual Harassment BP/AR 4119.11

AR 4119.12Title IX Sexual Harassment

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�Williams Act�AR 1312.4

Teacher Credential

Core Subject Textbook

Facilities

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Types of Textbook Insufficiency Complaints

A student, including EL, does not have standards aligned or district adopted textbook or materials.

Student does not have access to textbook or materials after school.

Textbooks/materials unusable, missing pages or unreadable due to damage

Student only has partial access to textbook due to shortage

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Teacher Vacancy

1. Beginning of semester a teacher vacancy exists
A teacher who lacks credentials or training to teach EL is assigned a class with more than 20% EL.
Teacher lacks subject matter competency for assigned class

Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester. (Education Code 35186; 5 CCR 4600) Beginning of the year or semester means the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester. (5 CCR 4600)

Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)

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Condition of School Facilities

A condition poses an emergency or threat to health or safety to students or staff

School restroom has not been cleaned, maintained, or kept open in accordance with Ed Code 35292.5

Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, or paper towels or functional hand dryers. (Education Code 35292.5) Open restroom means the school has kept all restrooms open during school hours when students are not in classes and has kept a sufficient number of restrooms open during school hours when students are in classes. This does not apply when the temporary closing of the restroom is necessary for student safety or to make repairs. (Education Code 35292.5) In any district school serving any of grades 6-12 in which 40 percent or more of the students in the school or school attendance area are from low-income families, as defined in 20 USC 6314, a complaint may be filed alleging noncompliance with the requirement of Education Code 35292.6 to stock, at all times, at least half of the restrooms in the school with feminine hygiene products and to not charge students for the use of such products.

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Williams

Forms and Notices

Will

Each classroom must have a Williams Notice Posted

Complaint forms are available at each school site although complainant does not have to use the form

Complaint form indicates where to file the complaint and if the complainant desires a response.

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Filing a Complaint

A complaint shall be filed with the principal.
A complaint beyond the principal must pass along to the superintendent
Cannot exceed 10 working days
Complaints may be anonymous

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Investiga-tion and Response

1. Make reasonable effort to investigate.

Remedy a valid complaint within reason- able time. Not to exceed 30 working days

2. If a complainant wants a response it must be within 45 working days of the complaint

3. Response must be in complainant’s primary language and in English.

4. If complantant is not satisfied they can address the Governing Board at the next scheduled Board Meeting

5. If the complaint is about an urgent health or safety issue then appeal goes to Superintendent of Public Instruction within 15 days of receiving district response.

6. All complaints and written responses are public record.

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Board Policy Presentation

Sexual Harassment

BP 4119.11

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BP / AR

4119.11

The Board is committed to providing a safe work environment free of harassment and intimidations

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Sexual harassment includes harassment based on:

Sex

Gender

Gender Identity

Gender Expressions

Sexual Orientation of the victim

Harassment based on:

Pregnancy, Childbirth or Related Medical Condition

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Superinten-dent shall ensure prevention by:

Providing training to employees in accordance with law and administrative regulation

Publicizing and disseminating the district's sexual harassment policy to employees

Ensuring fair, equitable investigation then taking timely and appropriate corrective/remedial action(s)

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Reports and Com- plaints

Report to direct supervisor or Title IX Coordinator

Title IX Coordinator shall ensure the complaint is addressed through AR: 4119.12

4219.12

4319.12

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Title IX Coordinator shall offer supportive measures to the complainant and respondent as deemed appropriate.

Findings of harassment may lead to disciplinary action; including dismissal.

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Board Policy Presentation

Sexual Harassment

AR 4119.12

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AR 4119.11

Sexual harassment includes:

Conduct is considered to be sexual harassment when made against another person of the same or opposite sex in the work or educational setting under any of the following conditions: (Education Code 212.5; Government Code 12940; 2 CCR 11034)

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Sexual Harassment

unwelcome sexual advances

unwanted requests for sexual favors

unwanted verbal, visual, or physical conduct of a sexual nature

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Sexual harassment can occur under these conditions: �

Submission is (explicitly or implicitly) a condition of employment

Submission or rejection results in an employment decision

Conduct has a negative impact creating an intimidating, hostile or offensive work environment

Response to conduct affects individuals benefits, services, honors, programs, or activities in the district.

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Example of Sexual Harassment

Unwelcome verbal:

Sexual flirtations, graphic comments, spreading sexual rumors,

sexual jokes or stories, innuendos,

derogatory comments

Unwelcome visual: drawings/pictures

graffiti

sexually explicit emails

Unwelcome Physical:

Massaging, grabbing, fondling, brushing the body

Touching body or clothes in sexual way

Cornering, blocking, leaning over, impeding movement

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Training

Occurs every 2 years

Supervisory employees: 2 hours of training

Nonsupervisory employees: 1 hour

Newly hired employees: trained

within 6 months of being hired

Every two years, the Superintendent or designee shall ensure that supervisory employees receive at least two hours, and nonsupervisory employees receive at least one hour of classroom or other effective interactive training and education regarding sexual harassment. All newly hired or promoted supervisory employees shall receive training within six months of their assumption of the supervisory position. (Government Code 12950.1) A supervisory employee is any employee having the authority, in the interest of the district, to hire, transfer, suspend, lay off, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, adjust their grievances, or effectively recommend such action, when the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (Government Code 12926)

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Training shall include:

State/federal laws

Types of sexual harassment

Strategies for prevention

Supervisors’ obligation to report sex harassment

Resources for victims

Steps to correct the misconduct including district investigation

What to do if supervisor is the accused harasser

Employee gets a copy of policy

Prevention and negative effects of sexual harassment

Retain training records - 2 years

The district's sexual harassment training and education program shall include, but is not limited to, the following: (Government Code 12950.1; 2 CCR 11024) 1. Information and practical guidance regarding federal and state laws concerning the prohibition, prevention, and correction of sexual harassment 2. The types of conduct that constitute sexual harassment 3. Remedies available for victims in civil actions, and potential employer/individual exposure/liability 4. Strategies to prevent harassment in the workplace 5. Supervisors' obligation to report sexual harassment, discrimination, and retaliation of which they become aware 6. Practical examples which illustrate sexual harassment, discrimination, and retaliation using training modalities such as role plays, case studies, and group discussions, based on factual scenarios taken from case law, news and media accounts, and hypotheticals based on workplace situations and other sources 7. The limited confidentiality of the complaint process 8. Resources for victims of unlawful harassment, such as to whom they should report any alleged harassment 9. Steps necessary to take appropriate remedial measures to correct harassing behavior, which includes the district's obligation to conduct an effective workplace investigation of a harassment complaint 10. What to do if the supervisor is personally accused of harassment 11. The essential elements of the district's anti-harassment policy, and how to use the policy if a harassment complaint is filed Employees shall receive a copy of the district's sexual harassment policy and administrative regulations, which they shall read and acknowledge that they have received. 12. Information, including practical examples, of harassment based on gender identity, gender expression, and sexual orientation AR 4119.11(d) 4219.11 4319.11 SEXUAL HARASSMENT (continued) 13. Prevention of abusive conduct, including a review of the definition and elements of abusive conduct pursuant to Government Code 12950.1, the negative effects that abusive conduct has on the victim and other in the workplace, the detrimental consequences of this conduct on employee productivity and morale, and that a single act does not constitute abusive conduct unless the act is severe or egregious The Superintendent or designee shall retain for at least two years the records of any training provided to supervisory employees. Such records shall include the names of trained employees, date of the training, the type of training, and the name of the training provided

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Notification�

Superintendent shall notify employees, OCESD does not discriminate based on sex
Display policy in a prominent place
Be provided to every employee at the beginning of the year
Included in any handbook that address rules
Publish Title IX Coordinator

The Superintendent or designee shall notify employees that the district does not discriminate on the basis of sex as required by Title IX, that the Title IX nondiscrimination requirement extends to employment, and that inquiries about the application of Title IX to the district may be referred to the district's Title IX Coordinator and/or to the Assistant Secretary for Civil Rights, U.S. Department of Education. (34 CFR 106.8) (cf. 4112.9/4212.9/4312.9 - Employee Notifications) The district shall notify employees, bargaining units, and applicants for employment of the name or title, office address, email address, and telephone number of the district's Title IX Coordinator. (34 CFR 106.8) A copy of the Board policy and this administrative regulation shall: 1. Be displayed in a prominent location in the main administrative building, district office, or other area of the school where notices of district rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5) 2. Be provided to every district employee at the beginning of the first quarter or semester of the school year or whenever a new employee is hired (Education Code 231.5) 3. Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5) 4. Be posted, along with the name or title and contact information of the Title IX Coordinator, in a prominent location on the district's web site (34 CFR 106.8) 5. Be included, along with the name or title and contact information of the Title IX Coordinator, in any handbook provided to employees or employee organizations (34 CFR 106.8) All employees shall receive a copy of an information sheet prepared by the California Department of Fair Employment and Housing (DFEH) or the district that contains, at a minimum, components on: (Government Code 12950)

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All complaints by and against employees shall be investigated and resolved according to district procedures

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Board Policy Presentation

Title IX Sexual Harassment

AR 4119.12

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Complaint procedures will apply to any district employee while in an educational program or activity. Title IX Sexual Harassment Complaint Procedures include the following :

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Procedures apply to:

Receiving benefit or service based on performing sexual acts
Unwelcomed conduct denies a person access to program or activity
Forcible Sexual Assault
Non-forcible Sexual Assault
Dating Violence
Domestic Violence
Stalking

1. A district employee conditioning the provision of a district aid, benefit, or service on a person's participation in unwelcome sexual conduct 2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district's education program or activity 3. Sexual assault, dating violence, domestic violence, or stalking on the basis of sex defined as follows: Forcible Sexual Assault includes any sexual act directed against an employee, forcibly, against the employee’s will, or without consent, including rape, sodomy, sexual assault with an object, and fondling. (See 20 USC 1092(f)(6)(A)(v).) Non-forcible Sexual Assault includes offenses that do not involve force where the employee is incapable of giving consent, including statutory rape and incest. (See 20 USC 1092(f)(6)(A)(v).) Dating Violence includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the employee, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship and/or the frequency of interaction between the persons involved in the relationship. (See 34 USC 12291(a)(10).) Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the employee, a person with whom the employee shares a child in common, a person who is cohabitating with or has cohabitated with the employee as a spouse or intimate partner, a person similarly situated to a spouse of the employee under the domestic or family violence laws of the jurisdiction receiving grant monies, or any other person against an adult or youth employee who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (See 34 USC 12291(a)(8).) Stalking which includes engaging in a course of conduct directed at the employee that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. (See 34 USC 12291(a)(8)

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Complaint Process

Complaintant may pursue process under Title IX or AR 4030

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Filing Complaint

Complainant may file electronically, in person, or by mail

Even if the alleged victim chooses not to file, the Title IX officer may file a complaint if there is a safety measure

The assigned investigator for the case must not have a conflict of interest

An employee who is the alleged victim of sexual harassment may submit a report of sexual harassment to the district's Title IX Coordinator using the contact information listed in AR 4119.11/4219.11/4319.11 - Sexual Harassment or to the employee's direct supervisor or other district administrator, who shall forward the report to the Title IX Coordinator within one day of receiving the report. A report of sexual harassment shall be submitted directly to or forwarded to the district's Title IX Coordinator: Assistant Superintendent, Curriculum & Instruction 2795 Yard Street, Oroville, CA 95966 (530) 532-3000 x3013 ComplianceCoordinator@ocesd.net Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the process for filing a formal complaint. A formal complaint, with the complainant's physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, by email, or by any other method authorized by the district. (34 CFR 106.30) Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator shall file a formal complaint in situations in which a safety threat exists. In addition, the Title IX Coordinator may file a formal complaint in other situations as permitted under the Title IX regulations. In such cases, the alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points in the complaint process as listed in AR 4119.12/4219.12/4319.12. The Superintendent or designee shall ensure that the Title IX Coordinator, investigator, decision-maker, or a facilitator of an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent, and that such persons receive training in accordance with 34 CFR 106.45. (34 CFR 106.45) AR 4119.12(c) 4219.12 4319.12 Title IX Sexual Harassment Complaint Procedures

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Supportive Measures

Complainant is consulted on supportive measures needed while the investigation is occurring.

Measures may include:

counseling
extensions of deadlines
modified work schedule
mutual restrictions on contact
changes in work location
leave of absence

Upon receipt of a report of Title IX sexual harassment, even if a formal complaint is not filed, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures which are nondisciplinary, nonpunitive, and do not unreasonably burden the other party. Such measures may include, but are not limited to, counseling, extensions of deadlines, modifications of work schedules, mutual restrictions on contact, changes in work locations, leaves of absence, increased security, and monitoring of certain areas of the campus. The Title IX Coordinator shall consider the complainant's wishes with respect to supportive measures. (34 CFR 106.30, 106.44) The district shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality woud not impair district’s ability to provide supportive measures

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Dismissal of Complaint

The Title IX Coordinator shall dismiss if:

it does not constitute sexual harassment defined in 34 CIF 106.30 even if proved.
it did not occur in district’s education program
respondent is no longer employed by the district

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Informal Resolution�

District may offer an informal resolution process, such as mediation

Obtain the parties voluntary, written consent to the informal resolution process.

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Formal Complaint Process

An investigation will be conducted as written out in the policy.

A written decision will be provided as outlined in the policy.

An opportunity to appeal as written out in the policy.

Remedies must be provided to complainant if judgment is against respondent.

Disciplinary Action - once determination has been made.

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Thank�you!

Records are kept for 7 years

Any actions taken from the investigation must be recorded

If no actions are taken, a written justification must be included.