Employment Information

Our Student Non-Discrimination policies and regulations are found here: Non-Discrimination

Staff Non-Discrimination Policy (4003)

The O’Farrell Charter Schools (OCS) is an equal opportunity employer. OCS affords equal employment and advancement opportunities to all qualified individuals without regard to creed, color, religion, national origin, ancestry, sex, sexual orientation, age, physical or mental disability, marital status, pregnancy, citizenship status, medical condition, genetic information, military and veteran status, actual or perceived; race, gender, gender identity, gender expression, sex, or sexual orientation or any other legally protected status. This extends to all employees and to all aspects of the employment relationship, including the hiring of new employees and the training, transfer, promotion, compensation, and benefits of existing employees. BP 4003

Staff Non-Discrimination Administrative Regulation (AR 4003)

Prohibited discrimination consists of any adverse employment action, including termination or denial of promotion, job assignment, or training, based on any of the prohibited categories of discrimination listed above. Harassment consists of any unwelcome verbal, physical, or visual conduct that is based on any of the prohibited categories of discrimination listed above and that is so severe and pervasive that it adversely affects an individual's employment opportunities, has the purpose or effect of unreasonably interfering with the individual's work performance, or creates an intimidating, hostile, or offensive work environment.

The Board also prohibits retaliation against any employee or job applicant who complains, testifies, assists, or in any way participates in the district's complaint procedures instituted pursuant to this policy.

Any employee who engages in prohibited discrimination, harassment, or retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior in violation of this policy shall be subject to disciplinary action, up to and including dismissal.

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

Susan Cuttitta, Equity Compliance Officer

6130 Skyline Drive

San Diego, CA 92114

(619) 263-3009

[email protected]

For any concerns regarding Title IX equity contact the Title IX Compliance officer:

Brian Rainey, Title IX Compliance Officer

6130 Skyline Dr.

San Diego, CA 92114

(619) 266-0112

[email protected]

UCP Complaint Investigation

The staff member, position, or unit responsible to receive and investigate UCP complaints and ensure our compliance in our agency is knowledgeable about the laws and programs assigned to investigate.

The O’Farrell Charter Schools will investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group as identified in ECSection 200 and 220 and Government Code (GC) Section section 11135, including any actual or perceived characteristics as set forth in Penal Code (PC)Section 422.55 or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics in any program or activity we conduct, which is funded directly by, or that receives or benefits from any state financial assistance.

Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

We advise complainants of the right to pursue civil law remedies under state or federal discrimination, harassment, intimidation or bullying laws.

UCP Complaint Resolution

If The O’Farrell Charter Schools finds merit in a complaint regarding Pupil Fees, Local Control and Accountability Plans (LCAP), Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in our school district and pupils in military families, Reasonable Accommodations to a Lactating Pupil, Course Periods without Educational Content (grades nine through twelve), and Physical Education Instructional Minutes (grades one through eight), we shall provide a remedy.

The remedy shall go to the affected pupil in the case of complaints regarding

Course Periods without Educational Content,
Reasonable Accommodations to a Lactating Pupil, and/or
Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in our school and pupils of military families.

The remedy shall to go all affected pupils and parents/guardians in the case of complaints regarding

Pupil Fees
Physical Education Instructional Minutes and/or
Local Control and Accountability Plans

A pupil fees complaint may be filed with the principal of a school or our superintendent or his or her designee.

A pupil fees complaint and/or an LCAP complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.

A pupil fees complaint shall be filed no later than one year from the date the alleged violation occurred.

We ensure an attempt shall be made in good faith to engage in reasonable efforts to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint.

We will provide an opportunity for complainants and/or representatives to present evidence or information.

Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.

Refusal by The O’Farrell Charter Schools to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.

The complaint will be investigated and a written report with a Decision will be issued to the complainant by us within 60 days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time.

This report will contain the following elements:

The findings of fact based on the evidence gathered.
Conclusion of law.

iii. Disposition of the complaint.

The rationale for such a disposition.
Corrective actions, if any are warranted.
Notice of the complainant’s right to appeal our Decision to the CDE.

vii. Procedures to be followed for initiating an appeal to CDE.

An appeal is a request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body's decision.

A complainant may appeal our Decision of a UCP complaint regarding all specified federal and state educational programs subject to the UCP.

UCP Complaint Appeal Process

To appeal a UCP complaint Decision the complainant must file a written appeal within 15 days of receiving the Decision to CDE. This appeal to the CDE must fully explain the basis for the appeal, stating how the facts of our Decision are incorrect and/or the law is misapplied.

In addition the appeal shall be sent to CDE with:

A copy of the original locally filed complaint; and
A copy of our Decision of this original locally filed complaint.

Any employee or job applicant who believes that he/she has been or is being discriminated against or harassed in violation of district policy should, as appropriate, immediately contact his/her supervisor, the compliance officer, or the Superintendent who shall advise the employee or applicant about the district's procedures for filing, investigating, and resolving any such complaint.

School personnel will take immediate steps to intervene, when safe to do so, when he or she witness an act of discrimination, harassment, intimidation, or bullying. OCS will protect complainants and witnesses under these policies from further harassment and will work to ensure they do not experience retaliation in any aspect of their employment due to their participation, filing of a complaint or reporting sexual harassment.

OCS investigates complaints promptly and provides a written report of the investigation and decision as soon as practicable. OCS will handle the investigation in as confidential a manner as possible consistent with a full, fair, and proper investigation.

Complaints regarding discrimination or harassment shall immediately be investigated in accordance with the Uniform Complaint Procedures.

Any supervisory or management employee who observes or has knowledge of an incident of prohibited discrimination or harassment shall report the incident to the Superintendent as soon as practical after the incident. All other employees are encouraged to report such incidents to their supervisor immediately.

Training and Notifications

The Superintendent or designee shall provide training to employees about how to recognize harassment and discrimination, how to respond appropriately, and components of the school's policies and regulations regarding discrimination.

The Superintendent or designee shall regularly publicize, within the school and in the community, the nondiscrimination policy and the availability of complaint procedures. Such publication shall be included in each announcement, bulletin, or application form that is used in employee recruitment.

The district's policy shall be posted in offices including staff lounges and student government meeting rooms.

Staff Sexual Harassment Policy (BP 4004)

The Board prohibits sexual harassment of district employees and job applicants. The Board also prohibits retaliatory behavior or action against district employees or other persons who complain, testify or otherwise participate in the complaint process established pursuant to this policy and administrative regulation.

Education institutions prohibit discrimination on the basis of gender. The O’Farrell Charter Schools (OCS) offers all persons, regardless of gender, equal rights and opportunities and freedom from unlawful discrimination in educational programs or activities conducted by OCS. OCS works to provide a workplace free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action up to, and including, dismissal of the offending employee. Sexual harassment includes sexual advances, requests for sexual favors, and other sexual verbal or physical conduct when: (1) submission of the conduct is made explicitly or implicitly a term or condition of an individual’s employment; (2) an employment decision is based upon an individual’s acceptance or rejection of that conduct; (3) that conduct interferes with an individual’s performance or creates an intimidating, hostile, or offensive work environment.

The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation, and correction of sexual harassment, including but not limited to:

Providing training to employees in accordance with law and administrative regulation
Publicizing and disseminating the district's sexual harassment policy to staff
Ensuring prompt, thorough, and fair investigation of complaints
Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments

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

Any district employee or job applicant who feels that he/she has been sexually harassed or who has knowledge of any incident of sexual harassment by or against another employee, a job applicant or a student, shall immediately report the incident to his/her supervisor, the principal, district administrator or Superintendent.

A supervisor, principal or other district administrator who receives a harassment complaint shall promptly notify the Superintendent or designee.

Complaints of sexual harassment shall be filed in accordance with AR 4003-Nondiscrimination in Employment, following the UCP for reporting complaints and pursuing available remedies. The UCP procedures (BP 1003) and forms can be found on the school website. BP 1003

An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint.

Any district employee who engages or participates in sexual harassment or who aids, abets, incites, compels, or coerces another to commit sexual harassment against a district employee, job applicant, or student is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

Training

It is also unlawful to retaliate in any way against an employee who has articulated a good-faith concern about sexual harassment against him or her or against another individual. All supervisors will receive sexual harassment training within six (6) months of their assumption of a supervisory position and will receive further training at least once every two (2) years thereafter. All staff will receive sexual harassment training and/or instruction concerning sexual harassment examples of acceptable and unacceptable behavior and are not meant to restrain innocent, positive relationships between staff and students, but to prevent relationships that could lead to, or may be perceived as, sexual misconduct, or sexually inappropriate.

Staff Sexual Harassment Administrative Regulation (AR 4004)

Each employee has the responsibility to maintain a workplace free from any form of sexual harassment. Should any individual, in particular those with supervisory responsibilities, notice any conduct that may constitute sexual harassment or other prohibited behavior, that individual should take immediate action to address such conduct. Employees and students must act in a positive and professional manner and contribute to a productive environment free from harassment or disruptive activity. OCS encourages any employee who believes he or she has been sexually harassed or has witnessed sexual harassment to report such harassment to an administrator.

Sexual harassment may include, but is not limited to any of the following:

Physical assaults of a sexual nature, such as:

Rape, sexual battery, molestation, or attempts to commit these assaults. These acts of sexual violence are considered severe. If an incident is severe, it does not have to be persistent or pervasive to be sexual harassment.
Intentional sexual physical conduct, such as touching, pinching, patting, grabbing, brushing against another’s body, or poking another’s body.

Unwanted sexual advances, propositions or other sexual comments, such as:

Sexually-oriented gestures, notices, remarks, jokes, or comments about a person’s sexuality or sexual experience.
Preferential treatment or promises of preferential treatment to an employee for submitting to sexual favors, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward, or deferential treatment for rejecting sexual conduct.
Subjecting or threats of subjecting an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee’s job more difficult because of the employee’s gender.

Sexual or discriminatory displays or publications anywhere at the workplace by employees, such as:

Displaying pictures, cartoons, posters, calendars, graffiti, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning, or pornographic, or bringing to work or possessing any such material to read, display, or view at work.
Publicly reading or otherwise publicizing in the work environment sexually revealing, sexually suggestive, sexually demeaning, or pornographic materials.
Displaying signs or other materials purporting to segregate an employee by sex in an area of the workplace (other than restrooms or similar rooms).

The illustrations of harassment and sexual harassment above are not an all-inclusive list of prohibited acts under this handbook or the law.

While in most situations a personal relationship is a private matter, these relationships are not appropriate in a professional setting, particularly where one employee has management or supervisory responsibilities.

The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation, and correction of sexual harassment, including but not limited to:

Providing training to employees in accordance with law and administrative regulation.
Publicizing and disseminating the district's sexual harassment policy to staff
Ensuring prompt, thorough, and fair investigation of complaints.
Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments.

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

Any employee or job applicant who feels that he/she been sexually harassed or who has knowledge of any incident of sexual harassment by or against another employee, a job applicant or a student, shall immediately report the incident to his/her supervisor, the principal, district administrator or Superintendent.

A supervisor, principal or other district administrator who receives a harassment complaint shall promptly notify the Superintendent or designee.

Complaints of sexual harassment shall be filed in accordance with AR 4003-Nondiscrimination in Employment. Use the UCP for reporting complaints and pursuing available remedies. The UCP procedures (BP 1003) and forms can be found on the school website. BP 1003

An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint.

Any employee who engages or participates in sexual harassment or who aids, abets, incites, compels, or coerces another to commit sexual harassment against an employee, job applicant, or student is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

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

The district's 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 district's decision to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

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

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

[email protected]

Investigative/Corrective Action

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.
All principals, supervisors, or managers shall, within one working day, investigate any incident of alleged sexual harassment reported to them.
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.
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.
All principals, supervisors, or managers shall, at minimum, issue a written reprimand to any employee observed sexually harassing any other person. The principal, supervisor, or manager shall take any other disciplinary action which he or she determines is warranted.
Under no circumstances shall an employee of 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 who has a claim of sexual harassment against an immediate supervisor or other authority figure shall contact the Superintendent/Human Resources.
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.
All principals, supervisors, and managers are required to maintain confidentially in investigating any claims of alleged harassment.
Any supervisor or manager or other 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.
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.
If the 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.
All complainants are protected from retaliation.

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

Be included in the staff handbook that is distributed to employees at the beginning of each school year.
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.
Be posted on school websites.
Be provided as part of staff training at the beginning of every school year.

Staff Handbook Effective Dec 2022 (1)