The O'Farrell Charter School

Winner of the National Excellence in Urban Education Award

Non Discrimination » Non-Discrimination

Non-Discrimination


Student Non-Discrimination Policy (BP 5014)

The O’Farrell Charter Schools Board prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, immigration status, race or ethnicity, religion, sex, sexual orientation, parental, family, marital status, or association with a person or a group with one or more of these actual or perceived characteristics as applies to all acts related to school activity or school attendance within a school under the jurisdiction of the superintendent of The O’Farrell Charter Schools.  

Política de No Discriminación (BP 5014)

El Consejo de The O’Farrell Charter Schools prohíbe discriminación, acoso, intimidación, y bullying en base a ascendencias reales o percibidas, edad, color, disabilidades, género, identidad de género, expresión de género, nacionalidad, situación migratoria, raza o etnia, religión, sexo, orientación sexual, estatus parental, familiar, o matrimonial, o asociación con una persona o grupo con una o más de estas características reales o percibidas como se aplica a todos los actos relacionados con actividades o asistencia escolar dentro de una escuela bajo la jurisdicción del superintendente de The O’Farrell Charter Schools.

 

Para cualquier preocupacion o queja sobre descriminacion, acoso, indimidacion, o bullying por favor contacte al Funcionario para el Cumplimiento con la Equidad.

Director of Operations, Funcionario para el Cumplimiento con la Equidad

6130 Skyline Drive

San Diego, CA 92114

(619) 263-3009

susan.cuttitta@ofarrellschool.org

 

Para cualquier preocupación o queja sobre acoso sexual contacte al Funcionario de Cumplimiento Title IX.

Brian Rainey

Funcionario de Cumplimiento Title IX

6130 Skyline Dr.

San Diego, CA 92114

(619) 266-0112

brian.rainey@ofarrellschool.org

 

Student Non-Discrimination Administrative Regulation (AR 5154.3)

This policy shall apply to all acts related to school activity or to school attendance occurring at OCS and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school.


Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also includes the creation of a hostile environment through prohibited conduct that is so severe, persistent, or 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 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.


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 reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.


The Superintendent or designee shall facilitate students' access to the educational program by publicizing the OCS 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's understanding of the requirements of law related to discrimination.  The Superintendent or designee shall regularly review the implementation of the OCS nondiscrimination policies and practices. He/she shall report his/her findings and recommendations to the Board after each review.


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.


The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, and bullying.


PROCESS FOR INITIATING AND RESPONDING TO COMPLAINTS

Any student who feels that he/she has been subjected to unlawful discrimination described above or in OCS policy is strongly encouraged to immediately contact the compliance officer, principal, or any other staff member. In addition, any student who observes any such incident is strongly encouraged to report the incident to the compliance officer or principal, whether or not the alleged victim files a complaint.

Any school employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident is reported shall report the incident to the compliance officer or principal within a school day, whether or not the alleged victim files a complaint.

Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so.

Anyone who is the victim of an act of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying has the right to file a formal complaint using the Uniform Complaint Procedures.  Any report of unlawful discrimination involving the principal, compliance officer, or any other person to whom the complaint would ordinarily be reported or filed shall instead be submitted to the Superintendent or designee.  Even if the student chooses not to file a formal complaint, the principal or compliance officer shall implement immediate measures necessary to stop the discrimination and to ensure all students have access to the educational program and a safe school environment.

Upon receiving a complaint of discrimination, the compliance officer shall immediately investigate the complaint in accordance with OCS uniform complaint procedures.

If a victim of unlawful discrimination, harassment, intimidation, or bullying that is not satisfied with the outcome of the OCS investigation may appeal using the Uniform Complaint Process.

BULLYING

The O’Farrell Charter Schools (OCS) recognizes the negative impact that bullying can have on the health and safety of students and the learning environment. Bullying can create distress, anxiety, lower levels of self-esteem and increase feelings of isolation. Bullying materially and substantially disrupts the rights of others to an education and is unacceptable in the educational environment.

OCS endeavors to maintain a learning and working environment that is free of bullying. Toward that end, bullying is prohibited on school grounds, and at any school-sponsored events and activities.  O’Farrell acknowledges that for this policy to be effective, school personnel must fulfill their responsibilities as assigned.

Definition of Bullying

“Bullying” means repeated behavior by an individual student, an individual student within a group of students, or a group of students that is intended to cause the victim(s) to feel frightened, threatened, intimidated, humiliated, shamed, disgraced, ostracized or physically abused. Bullying implies an imbalance in power or strength in which the student being bullied has difficulty defending himself or herself. Bullying can take many forms, including physical, verbal, social/relational and/or cyber-bullying. Bullying may occur on or off-campus. Bullying may occur in several forms, including but not limited to, the following:

  •      Written, verbal or nonverbal threats
  •      Intimidating or threatening gestures
  •      Unwanted physical contact, violence, or assault
  •      An intentional display of force that would give the victim reason to expect or fear physical contact or injury
  •      Jeering, taunting or mocking
  •      Teasing
  •      Degrading, insulting, or derogatory comments
  •      Extortion
  •      Theft of money or possessions
  •      Vandalism of a student’s personal property
  •      Unauthorized exercise of control over a student’s personal property
  •      Harassment or threats via online social networking sites

Reporting Procedures:

Victims/Targets

All students who believe they have been the victim/target of bullying shall promptly report the bullying to their homebase teacher, campus supervision, or to any O’Farrell staff member.

 

Student Witness

All students who witness or become aware of bullying shall report the bullying to their Homebase teacher, campus supervision, or to any O’Farrell staff member.

 

Disciplinary and Other Action

Consistent and appropriate disciplinary action will be taken for bullying behavior. The primary purpose of such action is to protect the victim and to deter bullying behavior in the future. The discipline imposed shall match the offense, as determined by the school administration. Bullying that occurs off-campus may result in consequences at school if the behavior is such that it disrupts the school environment.

In regard to investigating reports of bullying, administrators or their designees shall discuss bullying with the victim in a place where the victim feels secure. The initial discussion with the victim shall not take place in the presence of the offending students. If more than one student is involved, the staff member shall talk to each student separately.

If an investigation substantiates that bullying has occurred, the administrator or designee shall take appropriate action consistent with this and the school’s Progressive Discipline Policy.

 

For any concerns or complaints regarding discrimination, harassment, intimidation, or bullying please contact the Equity Compliance Officer.

Director of Operations, Equity Compliance Officer

6130 Skyline Drive

San Diego, CA 92114

(619) 263-3009

susan.cuttitta@ofarrellschool.org

 

For complaints regarding Title IX, you may complete a Uniform Complaint using the links below:

In addition, the United States Department of Education, Office of Civil Rights has additional information on their website. A complaint must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period. You may also contact the Office of Civil Rights at 800-421-3481 or ocr@ed.gov.

United States Department of Education – Office of Civil Rights

 

MEASURES TO PREVENT DISCRIMINATION

To prevent unlawful discrimination, including discriminatory harassment, intimidation, retaliation, and bullying, of students at OCS or in school activities and to ensure equal access of all students to the educational program, the Superintendent or designee shall implement the following measures:

  1. Publicize OCS nondiscrimination policy and related complaint procedures, including the coordinator/compliance officer's contact information, to students, parents/guardians, employees, volunteers, and the general public posting them on the OCS web site and other prominent locations and providing easy access to them through OCS-supported social media, when available.
  2. Provide to students a handbook that contains age-appropriate information that clearly describes the OCS non-discrimination policy, procedures for filing a complaint, and resources available to students who feel that they have been the victim of any such behavior.
  3. Annually notify all students and parents/guardians of the OCS nondiscrimination policy.
  4. Provide to students, employees, volunteers, and parents/guardians age-appropriate training and information regarding the OCS nondiscrimination policy; what constitutes prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying; how and to whom a report of an incident should be made; and how to guard against segregating or stereotyping students when providing instruction, guidance, supervision, or other services to them.
  5. At the beginning of each school year, inform school employees that any employee who witnesses any act of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, against a student is required to intervene if it is safe to do so.

ENFORCEMENT OF POLICY

The Superintendent or designee shall take appropriate actions to reinforce BP 5014 – Student Nondiscrimination. As needed, these actions may include any of the following:

  1. Removing vulgar or offending graffiti
  2. Providing training to students, staff, and parents/guardians about how to recognize unlawful discrimination and how to respond
  3. Disseminating and/or summarizing the OCS policy and regulation regarding unlawful discrimination
  4. Consistent with the laws regarding the confidentiality of student and personnel records, communicating the school's response to students, parents/guardians, and the community
  5. Taking appropriate disciplinary action against perpetrators and anyone determined to have engaged in wrongdoing, including any student who is found to have made a complaint of discrimination that he/she knew, was not true

Student Sexual Harassment Policy (BP 5016)

The O’Farrell Charter Schools Board recognizes that sexual harassment can be such actions as: unwelcome sexual advances, request for sexual favors (verbal or visual), or physical conduct of a sexual nature by someone from or within the educational setting. The Board prohibits any conduct having a negative impact on the student’s academic performance as well as any behavior creating an intimidating, hostile, or offensive environment. It is important to report any act of sexual harassment to a staff member.

The Board prohibits discrimination, harassment, intimidation and bullying in educational programs, activities, or employment on the basis of actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, immigration status, religious beliefs or customs, sexual orientation, parental, pregnancy, family or marital status, military status or association with a person or a group with one or more of these actual or perceived characteristics. The Board requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.


COMPLAINTS

  1. Refer to the UCP for reporting complaints and pursuing available remedies. The UCP procedures (BP 1003) and forms can be found on the school website. https://ofarrellschool.edliotest.com/UCP%20Procedures.pdf
  2. The Superintendent or designee shall maintain a record of all reported cases of unlawful sexual harassment.

DISCIPLINARY ACTION

Students who engage in unlawful sexual harassment, in violation of the 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 sexual harassment with a student shall be subject to disciplinary action, up to and including dismissal.


FINDINGS

When the Superintendent or designee has determined that sexual harassment has occurred, s/he will take prompt, appropriate action to end the harassment and to address its effects on the victim and other parties involved by directing them to additional resources and restorative justice work, as warranted.


For the purposes of this section, a “factual finding” includes a finding of fact made by another public or private school, a law enforcement agency, a child protection agency, a court, the Commission on Teaching Credentials, or any other finding of fact provided to the district which indicates that an employee or student engaged in behavior that may constitute a violation of this policy and poses a risk to the safety of the district’s students.


NOTIFICATIONS

The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

  1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence
  2. A clear message that students do not have to endure sexual harassment under any circumstance
  3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained
  4. A clear message that student safety is the district's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved
  5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students
  6. Information about the district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made
  7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues
  8. A clear message that, when needed, the district will take interim measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment

A copy of the OCS sexual harassment policy and regulation shall:

  1.     Be included in the notifications that are sent to parents/guardians at the beginning of each school year.
  2.     Be displayed in a prominent location in K-8 and High School office where notices OCS rules, regulations, procedures, and standards of conduct are posted.
  3.     Be posted on school web sites.
  4.     Be provided as part of staff training and orientation programs conducted for students at the beginning of every school year.
  5.     Be included in the student handbook.
  6.     Be provided to employees.
 

Student Sexual Harassment (AR 5145.7 )

SEXUAL HARASSMENT

The O’Farrell Charter Schools Board recognizes that sexual harassment can be such actions as: unwelcome sexual advances, request for sexual favors (verbal or visual), or physical conduct of a sexual nature by someone from or within the educational setting. The Board prohibits any conduct having a negative impact on the student’s academic performance as well as any behavior creating an intimidating, hostile, or offensive environment. It is important to report any act of sexual harassment to a staff member.

 

The Board prohibits discrimination, harassment, intimidation and bullying in educational programs, activities, or employment on the basis of actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, immigration status, religious beliefs or customs, sexual orientation, parental, pregnancy, family or marital status, military status or association with a person or a group with one or more of these actual or perceived characteristics. The Board requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.  

 

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions:

  1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
  2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
  3. The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.
  4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any OCS program or activity.

 

Examples of types of conduct which are prohibited at The O’Farrell Charter Schools (OCS) and which may constitute sexual harassment include, but are not limited to:

  1. Unwelcome leering, sexual flirtations, or propositions
  2. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions
  3. Graphic verbal comments about an individual's body or overly personal conversation
  4. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature
  5. Spreading sexual rumors
  6. Teasing or sexual remarks about students enrolled in a predominantly single-sex class
  7. Massaging, grabbing, fondling, stroking, or brushing the body
  8. Touching an individual's body or clothes in a sexual way
  9. Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex
  10. Displaying sexually suggestive objects
  11. Sexual assault, sexual battery, sexual coercion, and sexual violence are considered severe.  If an incident is severe, it does not have to be persistent or pervasive to be sexual harassment.
  12. Electronic communications containing comments, words, or images described above

 

Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as sexual harassment in violation of OCS policy if it has a continuing effect on or creates a hostile school environment for the complainant or victim of the conduct.

 

REPORTING PROCESS AND COMPLAINT INVESTIGATION AND RESOLUTION

Any student who believes that he/she has been subjected to sexual harassment by another student, an employee, or a third party or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, the principal, or any other available school employee.  Within one school day of receiving such a formal or informal complaint, the school employee shall forward the report to the principal or the OCS Equity Compliance Officer. In addition, any school employee who observes an incident of sexual harassment involving a student shall, within one school day, report his/her observation to the principal or the Equity Compliance Officer. The employee shall take these actions, whether or not the alleged victim files a complaint.

 

When a report or complaint of sexual harassment involves off-campus conduct, the principal shall assess whether the conduct may create or contribute to the creation of a hostile school environment. If he/she determines that a hostile environment may be created, the complaint shall be investigated and resolved in the same manner as if the prohibited conduct occurred at school.  All complainants are protected from retaliation. A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of a sexual harassment complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned. Follow up with the student will occur to ensure the harassment has stopped and that there is no retaliation.

 

When a verbal or informal report of sexual harassment is submitted, the principal or compliance officer shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with OCS’s uniform complaint procedures (UCP).  Regardless of whether a formal complaint is filed, the principal or compliance officer shall take steps to investigate the allegations and, if sexual harassment is found, shall take prompt action to stop it, prevent a recurrence, and address any continuing effects.

 

If a complaint of sexual harassment is initially submitted to the principal, he/she shall, within two school days, forward the report to the compliance officer to initiate an investigation of the complaint. The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with the law and OCS procedures specified.

 

The investigator will interview all witnesses provided by the accused and accuser.  In investigating a sexual harassment complaint, evidence of past sexual relationships of the victim shall not be considered, except to the extent that such evidence may relate to the victim's prior relationship with the respondent.

In any case of sexual harassment involving the principal, compliance officer, or any other person to whom the incident would ordinarily be reported or filed, the report may instead be submitted to the Superintendent or designee who shall determine who will investigate the complaint.  

Refer to the UCP for reporting complaints and pursuing available remedies. The UCP procedures (BP 1003) and forms can be found on the school website. https://ofarrellschool.edliotest.com/UCP%20Procedures.pdf

 

REPORT OF FINDINGS

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report, as described in the section "Final Written Decision" below, within 60 calendar days of the receipt of the complaint.

 

FINAL WRITTEN DECISION

OCS decision on how it will resolve the complaint shall be in writing and shall be sent to the complainant and respondent.

 

In consultation with legal counsel, information about the relevant part of a decision may be communicated to a victim who is not the complainant and to other parties who may be involved in implementing the decision or are affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying), notice of the OCS decision to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

 

For any concerns or complaints regarding sexual harassment contact the Title IX Compliance Officer.

Brian Rainey

Title IX Compliance Officer

6130 Skyline Dr.

San Diego, CA 92114

(619) 266-0112

brian.rainey@ofarrellschool.org

 

INVESTIGATIVE/CORRECTIVE ACTION

  1. All persons shall immediately report any evidence of sexual harassment or complaints regarding sexual harassment made to them to their school principal, supervisor, or manager.
  2. All principals, supervisors, or managers shall, within one working day, investigate any incident of alleged sexual harassment reported to them.
  3. All principals, supervisors, or managers shall immediately report in writing the results of any investigation of sexual harassment, including corrective or disciplinary action taken, to the Title IX Compliance Officer and to the complaining applicant, employee, or student.
  4. All persons shall immediately report to the Title IX Compliance Officer any instances of sexual harassment which they have directly observed whether or not reported by the employee or student who is the object of the harassment.
  5. All principals, supervisors, or managers shall, at minimum, issue a written reprimand to any employee or student observed sexually harassing any other person. The principal, supervisor, or manager shall take any other disciplinary action which he or she determines is warranted.
  6. Under no circumstances shall an employee or student of the OCS who believes that he or she has been the victim of sexual harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing.  A certificated/classified employee or student who has a claim of sexual harassment against an immediate supervisor or another authority figure shall contact the Superintendent/Human Resources.
  7. Under no circumstances shall a principal, supervisor, manager, or other authority figure retaliate in any way against an employee or student who has provided information as a witness to an incident of alleged sexual harassment.
  8. All principals, supervisors, and managers are required to maintain confidentially in investigating any claims of alleged harassment.
  9. Any supervisor or manager or another authority figure who belatedly learns that a condition of employment, OCS program, or activity has already been withheld or denied as a consequence of sexual harassment shall immediately inform the Assistant Superintendent/Human Resources and shall take steps to rectify any harm suffered by the victim.
  10. All supervisors or managers shall follow up within one month and again in three months of any reported incident of sexual harassment to determine whether the victim has been subject to any further forbidden conduct.
  11. If sexual harassment involves the superintendent, the staff member is to contact human resources. The human resources representative will contact the board chair who may seek outside counsel and/or a third party to address the issue as appropriate.
  12. All complainants are protected from retaliation.

 

CONFIDENTIALITY

All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.

 

However, when a complainant or victim of sexual harassment notifies OCS of the harassment but requests confidentiality, the compliance officer shall inform him/her that the request may limit OCS’s ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, OCS will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.

 

When a complainant or victim of sexual harassment notifies OCS of the harassment but requests that OCS not pursue an investigation, OCS will determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students.

 

RESPONSE PENDING INVESTIGATION

When an incident of sexual harassment is reported, the principal or designee, in consultation with the compliance officer, shall determine whether interim measures are necessary pending the results of the investigation. The principal/designee or compliance officer shall take immediate measures necessary to stop the harassment and protect students and/or ensure their access to the educational program. To the extent possible, such interim measures shall not disadvantage the complainant or victim of the alleged harassment. Interim measures may include placing the individuals involved in separate classes or transferring a student to a class taught by a different teacher, in accordance with law and Board policy. The school should notify the individual who was harassed of his/her options to avoid contact with the alleged harasser and allow the complainant to change academic and extracurricular arrangements as appropriate. The school should also ensure that the complainant is aware of the resources and assistance, such as counseling, that is available to him/her. As appropriate, such actions shall be considered even when a student chooses to not file a formal complaint or the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

 

If a victim of sexual harassment is not satisfied with the outcome of the OCS investigation may appeal using the Uniform Complaint Process (BP 1003).

 

NOTIFICATIONS

A copy of the OCS sexual harassment policy and regulation shall:

  1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year.
  2. Be displayed in a prominent location in K-8 and High School office where notices OCS rules, regulations, procedures, and standards of conduct are posted.
  3. Be posted on school web sites.
  4. Be provided as part of staff training and orientation programs conducted for students at the beginning of every school year.
  5. Be included in the student handbook.
  6. Be provided to employees.