Santa Ana Unified School District

BOARD POLICY NO: 5145.3

SUBJECT:	Nondiscrimination/Harassment-Students

CATEGORY: Students	EFFECTIVE:	2/2017

RESPONSIBLE OFFICE(S):	Educational Services, Pupil Support Services	REVIEWED:	1/2017

SCOPE:

The Board of Education desires to provide a safe school environment that allows all students equal access and opportunities in the District’s academic and other educational support programs, services, and activities. The Board prohibits, at any District school or school activity, unlawful discrimination, harassment, intimidation, and bullying of any student based on the student's actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sexual orientation, gender, or gender expression; 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.

POLICY:

This policy shall apply to all acts related to district school activity or to school attendance occurring within a District school or district activity.

Prohibited discrimination, harassment, intimidation, or bullying includes physical, verbal, nonverbal, written or cyber conduct based on one of the categories listed above that is so severe or pervasive that affects a student's 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's academic performance; or otherwise adversely affects a student's educational opportunities.

DESIRED OUTCOME:

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the District's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. The Superintendent or designee 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’s understanding of the requirements of law related to discrimination.

The Superintendent or designee shall regularly review the implementation of the District's 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 recommended changes to the Board after each review.

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

IMPLEMENTATION GUIDELINES AND ASSOCIATED DOCUMENTS:

District Policies and Procedures:

AR 5145.3 - Nondiscrimination/Harassment-Students

Legal Reference:

Education Code

200-262.4 Prohibition of discrimination

Suspension or expulsion for act of hate violence

Suspension or 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

California Government Code

Civil Code

1714.1 Liability of parents/guardians for willful misconduct of minor

Penal Code

422.55 Definition of hate crime

422.6 Crimes, harassment

Other Regulatory Authority

Code of Regulations, Title 5

432 Student record

4600-4687 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

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

Code of Federal Regulations, Title 34

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

Draft 12/2/16